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PAG LIN 1 1 Section 1. NEW SECTION. 331.309 CONFINEMENT FEEDING 1 2 OPERATIONS – SITING ORDINANCE. 1 3 1. As used in this section: 1 4 a. "Animal feeding operation structure" means the same as 1 5 defined in section 455B.161. 1 6 b. "Animal weight capacity" means the same as defined in 1 7 section 455B.161. 1 8 c. "Confinement feeding operation" means the same as 1 9 defined in section 455B.161. 1 10 2. a. Notwithstanding section 335.2, a county may adopt a 1 11 confinement feeding operations siting ordinance, pursuant to 1 12 section 331.302. The purpose of the ordinance shall be to 1 13 allow approval of the siting of a confinement feeding 1 14 operation regardless of whether the county has adopted an 1 15 ordinance under chapter 335. The ordinance shall authorize a 1 16 county to approve the site of the construction or expansion of 1 17 a confinement feeding operation, including confinement feeding 1 18 operation buildings and related animal feeding operation 1 19 structures in order to preserve and protect natural resources, 1 20 including water sources and fragile environmental locations; 1 21 lessen congestion and overcrowding of confinement feeding 1 22 operations, especially near cities; and to protect the health 1 23 and welfare of the public. 1 24 b. The ordinance shall provide for methods and procedures 1 25 required for submission of proposals, review of proposals, and 1 26 approval of a site. In administering the ordinance, the 1 27 county shall establish a confinement feeding operations siting 1 28 commission which shall review each proposal for the 1 29 construction or expansion of a confinement feeding operation, 1 30 and recommend to the county board of supervisors that the 1 31 board approve or disapprove the proposal. The board shall 1 32 appoint five members of the commission. Four members shall 1 33 not reside in a city, and one member shall reside in a city. 1 34 At least three of the members shall be persons who are or were 1 35 actively engaged in animal agriculture. The commission shall 2 1 make its recommendation to the board within forty-five days 2 2 after the date that the board received a complete proposal. 2 3 The board shall approve or disapprove a proposal within forty- 2 4 five days after the date that the board receives the 2 5 commission's recommendation. 2 6 c. A confinement feeding operations siting ordinance shall 2 7 not apply to a proposed confinement feeding operation or to 2 8 the proposed expansion of a confinement feeding operation, if 2 9 either of the following apply: 2 10 (1) Only bovine or avian animals are to be confined in the 2 11 confinement feeding operation. 2 12 (2) The confinement feeding operation is to have an animal 2 13 weight capacity of less than three hundred thousand pounds. 2 14 Sec. 2. Section 455B.173, subsection 13, Code 1997, is 2 15 amended to read as follows: 2 16 13. a. Adopt, modify, or repeal rules relating to the 2 17 construction, including the expansion, of animal feeding 2 18 operations, or the operation of animal feeding operations. 2 19 The rules shall include, but are not limited to, minimum 2 20 manure control requirements, requirements for obtaining 2 21 permits, and departmental evaluations of animal feeding 2 22 operations.The department shall not require that a person2 23obtain a permit for the construction of an animal feeding2 24operation structure, ifA person must obtain a construction 2 25 permit to construct an animal feeding operation structure 2 26 which is part of or connected to a confinement feeding 2 27 operation, unless the structure is part ofa smallan animal 2 28 feeding operation which has an animal weight capacity of less 2 29 than three hundred thousand pounds. However, unless otherwise 2 30 required by departmental rule, this paragraph does not require 2 31 a person to obtain a construction permit to construct an 2 32 animal feeding operation structure which is part of or 2 33 connected to and used exclusively by a confinement feeding 2 34 operation in which only bovine or avian animals are confined. 2 35 b. The department shall collect an indemnity fee as 3 1 provided in section 204.3 prior to the issuance of a 3 2 construction permit. The department shall deposit indemnity 3 3 fees in the manure storage indemnity fund created in section 3 4 204.2. 3 5 c. The department shall not approve a permit for the 3 6 construction of three or more animal feeding operation 3 7 structures unless the applicant files a statement approved by 3 8 a professional engineer registered pursuant to chapter 542B 3 9 certifying that the construction of the animal feeding 3 10 operation structure will not impede the drainage through 3 11 established drainage tile lines which cross property boundary 3 12 lines unless measures are taken to reestablish the drainage 3 13 prior to completion of construction.The department shall3 14deposit moneys collected in indemnity fees in the manure3 15storage indemnity fund created in section 204.2.3 16 d. The department shall issue a permit for an animal 3 17 feeding operation, if an application is submitted according to 3 18 procedures required by the department, and the application 3 19 meets standards established by the department, regardless of 3 20 whether the animal feeding operation is required to obtain 3 21 such a permit. An applicant for a construction permit shall 3 22 not begin construction at the location of a site planned for 3 23 the construction of an animal feeding operation structure, 3 24 until the person has been granted a permit for the 3 25 construction of the structure by the department. The 3 26 department shall make a determination regarding the approval 3 27 or denial of a permit within sixty days from the date that the 3 28 department receives a completed application for a permit. 3 29 However, the sixty-day requirement shall not apply to an 3 30 application, if the applicant is not required to obtain a 3 31 permit in order to construct an animal feeding operation 3 32 structure or to operate an animal feeding operation. The 3 33 department shall deliver a copy or require the applicant to 3 34 deliver a copy of the application for a construction permit to 3 35 the county board of supervisors in the county where the 4 1 confinement feeding operation or confinement feeding operation 4 2 structure subject to the permit is to be located. The 4 3 department shall not approve the application or issue a 4 4 construction permit until thirty days following delivery of 4 5 the application to the county board of supervisors. The 4 6 department shall consider comments from the county board of 4 7 supervisors, regarding compliance by the applicant with the 4 8 legal requirements for the construction of the confinement 4 9 feeding operation structure as provided in this chapter, and 4 10 rules adopted by the department pursuant to this chapter, if 4 11 the comments are delivered to the department within fourteen 4 12 days after receipt of the application by the county board of 4 13 supervisors. Prior to granting a permit to a person for the 4 14 construction of an animal feeding operation, the department 4 15 may require the installation and operation of a hydrological 4 16 monitoring system for an exclusively earthen manure storage 4 17 structure, if, after an on-site inspection, the department 4 18 determines that the site presents an extraordinary potential 4 19 for groundwater pollution. 4 20 e. A person shall not obtain a permit for the construction 4 21 of a confinement feeding operation, unless the person develops 4 22 a manure management plan as provided in section 455B.203. 4 23 f. The department shall not issue a permit to a person 4 24 under this subsection if an enforcement action by the 4 25 department, relating to a violation of this chapter concerning 4 26 a confinement feeding operation in which the person has an 4 27 interest, is pending. The department shall not issue a permit 4 28 to a person under this subsection for five years after the 4 29 date of the last violation committed by a person or 4 30 confinement feeding operation in which the person holds a 4 31 controlling interest during which the person or operation was 4 32 classified as a habitual violator under section 455B.191. The 4 33 department shall conduct an annual review of each confinement 4 34 feeding operation which is a habitual violator and each 4 35 confinement feeding operation in which a habitual violator 5 1 holds a controlling interest. The department shall notify 5 2 persons classified as habitual violators of their 5 3 classification, additional restrictions imposed upon the 5 4 persons pursuant to the classification, and special civil 5 5 penalties that may be imposed upon the persons. The notice 5 6 shall be sent to the persons by certified mail. 5 7 EXPLANATION 5 8 This bill amends several provisions relating to animal 5 9 feeding operations. The bill creates new Code section 5 10 331.309, which provides that a county may adopt a confinement 5 11 feeding operations siting ordinance. The bill provides that 5 12 the ordinance must provide for methods and procedures required 5 13 for review and approval of site proposals. As part of this 5 14 process, the county must establish a confinement feeding 5 15 operations siting commission to review proposals for the 5 16 construction or expansion of a confinement feeding operation. 5 17 The bill provides that a person must obtain a construction 5 18 permit to construct an animal feeding operation structure 5 19 which is part of or connected to a confinement feeding 5 20 operation, unless the confinement feeding operation has an 5 21 animal weight capacity of less than 300,000 pounds or the 5 22 operation exclusively confines bovine or avian animals. 5 23 LSB 1580XS 77 5 24 da/jj/8.2
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