Text: S03315 Text: S03317 Text: S03300 - S03399 Text: S Index Bills and Amendments: General Index Bill History: General Index
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 Bills and Amendments: General Index Bill History: General Index
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