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Senate Amendment 3316

Amendment Text

PAG LIN
  1  1    Amend Senate File 468 as follows:
  1  2    #1.  Page 1, by inserting before line 1 the
  1  3 following:
  1  4    "Section 1.  Section 455B.173, subsection 13, Code
  1  5 1997, is amended to read as follows:
  1  6    13.  Adopt, modify, or repeal rules relating to the
  1  7 construction or operation of animal feeding
  1  8 operations.  The rules shall include, but are not
  1  9 limited to, minimum manure control requirements,
  1 10 requirements for obtaining permits, and departmental
  1 11 evaluations of animal feeding operations.  The
  1 12 department shall not require that a person obtain a
  1 13 permit for the construction of an animal feeding
  1 14 operation structure, if the structure is part of a
  1 15 small animal feeding operation.  The department shall
  1 16 collect an indemnity fee as provided in section 204.3
  1 17 prior to the issuance of a construction permit.  The
  1 18 department shall not approve a permit for the
  1 19 construction of three or more animal feeding operation
  1 20 structures unless the applicant files a statement
  1 21 approved by a professional engineer registered
  1 22 pursuant to chapter 542B certifying that the
  1 23 construction of the animal feeding operation structure
  1 24 will not impede the drainage through established
  1 25 drainage tile lines which cross property boundary
  1 26 lines unless measures are taken to reestablish the
  1 27 drainage prior to completion of construction.  The
  1 28 department shall deposit moneys collected in indemnity
  1 29 fees in the manure storage indemnity fund created in
  1 30 section 204.2.  The department shall issue a permit
  1 31 for an animal feeding operation, if an application is
  1 32 submitted according to procedures required by the
  1 33 department, and the application meets standards
  1 34 established by the department, regardless of whether
  1 35 the animal feeding operation is required to obtain
  1 36 such a permit.  An applicant for a construction permit
  1 37 shall not begin construction at the location of a site
  1 38 planned for the construction of an animal feeding
  1 39 operation structure, until the person has been granted
  1 40 a permit for the construction of the structure by the
  1 41 department.  The department shall make a determination
  1 42 regarding the approval or denial of a permit within
  1 43 sixty days from the date that the department receives
  1 44 a completed application for a permit.  However, the
  1 45 sixty-day requirement shall not apply to an
  1 46 application, if the applicant is not required to
  1 47 obtain a permit in order to construct an animal
  1 48 feeding operation structure or to operate an animal
  1 49 feeding operation.  The department shall deliver a
  1 50 copy or require the applicant to deliver a copy of the
  2  1 application for a construction permit to the county
  2  2 board of supervisors in the county where the
  2  3 confinement feeding operation or confinement feeding
  2  4 operation structure subject to the permit is to be
  2  5 located.  The department shall not approve the
  2  6 application or issue a construction permit until
  2  7 thirty days following delivery of the application to
  2  8 the county board of supervisors.  The department shall
  2  9 consider comments from the county board of
  2 10 supervisors, regarding compliance by the applicant
  2 11 with the legal requirements for the construction of
  2 12 the confinement feeding operation structure as
  2 13 provided in this chapter, and rules adopted by the
  2 14 department pursuant to this chapter, if the comments
  2 15 are delivered to the department within fourteen days
  2 16 after receipt of the application by the county board
  2 17 of supervisors.  However, if the construction permit
  2 18 is for an animal feeding operation structure which is
  2 19 part of a confinement feeding operation in which swine
  2 20 are confined, the department shall not issue the
  2 21 permit if the county board of supervisors submits an
  2 22 objection to the department within thirty days after
  2 23 receipt of the application by the county board of
  2 24 supervisors.  The objection must be based upon a
  2 25 threat to environmental quality or the public health
  2 26 that the board determines may be caused by the
  2 27 location or design of the animal feeding operation
  2 28 structure.  Prior to granting a permit to a person for
  2 29 the construction of an animal feeding operation, the
  2 30 department may require the installation and operation
  2 31 of a hydrological monitoring system for an exclusively
  2 32 earthen manure storage structure, if, after an on-site
  2 33 inspection, the department determines that the site
  2 34 presents an extraordinary potential for groundwater
  2 35 pollution.  A person shall not obtain a permit for the
  2 36 construction of a confinement feeding operation,
  2 37 unless the person develops a manure management plan as
  2 38 provided in section 455B.203.  The department shall
  2 39 not issue a permit to a person under this subsection
  2 40 if an enforcement action by the department, relating
  2 41 to a violation of this chapter concerning a
  2 42 confinement feeding operation in which the person has
  2 43 an interest, is pending.  The department shall not
  2 44 issue a permit to a person under this subsection for
  2 45 five years after the date of the last violation
  2 46 committed by a person or confinement feeding operation
  2 47 in which the person holds a controlling interest
  2 48 during which the person or operation was classified as
  2 49 a habitual violator under section 455B.191.  The
  2 50 department shall conduct an annual review of each
  3  1 confinement feeding operation which is a habitual
  3  2 violator and each confinement feeding operation in
  3  3 which a habitual violator holds a controlling
  3  4 interest.  The department shall notify persons
  3  5 classified as habitual violators of their
  3  6 classification, additional restrictions imposed upon
  3  7 the persons pursuant to the classification, and
  3  8 special civil penalties that may be imposed upon the
  3  9 persons.  The notice shall be sent to the persons by
  3 10 certified mail."
  3 11    #2.  Title page, line 2, by inserting after the
  3 12 word "structures" the following:  "and providing for
  3 13 permits".  
  3 14 
  3 15 
  3 16                               
  3 17 PATTY JUDGE 
  3 18 SF 468.502 77
  3 19 da/jw/28
     

Text: S03315                            Text: S03317
Text: S03300 - S03399                   Text: S Index
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