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PAG LIN 1 1 Section 1. Section 455B.161, Code 1997, is amended by 1 2 adding the following new subsections: 1 3 NEW SUBSECTION. 17A. "Qualified animal feeding operation 1 4 structure" means an animal feeding operation structure other 1 5 than a single-stage anaerobic lagoon or earthen manure storage 1 6 basin. 1 7 NEW SUBSECTION. 18A. "Single-stage anaerobic lagoon" 1 8 means an anaerobic lagoon that uses a single impoundment in 1 9 the process of stabilizing organic wastes which are stored in 1 10 the impoundment. 1 11 Sec. 2. Section 455B.162, unnumbered paragraph 1, Code 1 12 1997, is amended by striking the unnumbered paragraph. 1 13 Sec. 3. Section 455B.162, subsection 1, unnumbered 1 14 paragraph 1, Code 1997, is amended by striking the unnumbered 1 15 paragraph and inserting in lieu thereof the following: 1 16 Except as provided in this section, the following tables 1 17 shall apply to animal feeding operation structures constructed 1 18 or expanded on or after May 31, 1995, but prior to the 1 19 effective date of this Act: 1 20 Sec. 4. Section 455B.162, Code 1997, is amended by adding 1 21 the following new subsections: 1 22 NEW SUBSECTION. 1A. A single-stage anaerobic lagoon or 1 23 earthen manure storage basin shall not be constructed or 1 24 expanded on or after the effective date of this Act. Except 1 25 as provided in this section, the following tables shall apply 1 26 to qualified animal feeding operation structures constructed 1 27 or expanded on or after the effective date of this Act: 1 28 a. The following table represents the minimum separation 1 29 distance in feet required between a qualified animal feeding 1 30 operation structure and a residence not owned by the owner of 1 31 the animal feeding operation, or a commercial enterprise, bona 1 32 fide religious institution, or an educational institution: 1 33 Minimum 1 34 separation 1 35 distance in 2 1 feet for 2 2 operations 2 3 Minimum having an 2 4 separation animal Minimum 2 5 distance in weight separation 2 6 feet for capacity of distance in 2 7 operations 625,000 or feet for 2 8 having an more pounds operations 2 9 animal but less than having an 2 10 weight 1,250,000 animal 2 11 capacity of pounds for weight 2 12 less than animals other capacity of 2 13 625,000 than bovine, 1,250,000 or 2 14 pounds for or 1,600,000 more pounds 2 15 animals other or more for animals 2 16 than bovine, pounds but other than 2 17 or less than less than bovine, or 2 18 1,600,000 4,000,000 4,000,000 or 2 19 pounds for pounds for more pounds 2 20 Type of structure bovine bovine for bovine 2 21 Multiple-stage 2 22 anaerobic 2 23 lagoon 1,250 1,875 2,500 2 24 Uncovered formed 2 25 manure storage 2 26 structure 1,000 1,500 2,000 2 27 Covered formed 2 28 manure storage 2 29 structure 750 1,000 1,500 2 30 Confinement 2 31 building 750 1,000 1,500 2 32 Egg washwater 2 33 storage structure 750 1,000 1,500 2 34 b. The following table represents the minimum separation 2 35 distance in feet required between a qualified animal feeding 3 1 operation structure and a public use area or a residence not 3 2 owned by the owner of the animal feeding operation, a 3 3 commercial enterprise, a bona fide religious institution, or 3 4 an educational institution located within the corporate limits 3 5 of a city: 3 6 Minimum 3 7 separation 3 8 distance in 3 9 feet for 3 10 operations 3 11 Minimum having an 3 12 separation animal Minimum 3 13 distance in weight separation 3 14 feet for capacity of distance in 3 15 operations 625,000 or feet for 3 16 having an more pounds operations 3 17 animal but less than having an 3 18 weight 1,250,000 animal 3 19 capacity of pounds for weight 3 20 less than animals other capacity of 3 21 625,000 than bovine, 1,250,000 or 3 22 pounds for or 1,600,000 more pounds 3 23 animals other or more for animals 3 24 than bovine, pounds but other than 3 25 or less than less than bovine, or 3 26 1,600,000 4,000,000 4,000,000 or 3 27 pounds for pounds for more pounds 3 28 Type of structure bovine bovine for bovine 3 29 Qualified animal 3 30 feeding operation 3 31 structure 1,250 1,875 2,500 3 32 NEW SUBSECTION. 3. An animal feeding operation structure 3 33 constructed prior to May 31, 1995, may be expanded only as 3 34 provided in section 455B.163. 3 35 Sec. 5. Section 455B.163, unnumbered paragraph 1, Code 4 1 1997, is amended to read as follows: 4 2 An animal feeding operation constructed prior to the 4 3 applicability of a requirement in section 455B.162, which does 4 4 not comply with thedistance requirements of section 455B.1624 5on May 31, 1995requirement, may continue to operate 4 6 regardless ofthose separation distancesthe requirement. The 4 7 animal feeding operation may be expandedon or after May 31,4 81995, regardless of those separation distancesat any time, if 4 9eitherall of the following applies: 4 10 Sec. 6. Section 455B.163, Code 1997, is amended by adding 4 11 the following new subsection: 4 12 NEW SUBSECTION. 3. The animal feeding operation structure 4 13 is a qualified animal feeding operation structure. 4 14 Sec. 7. Section 455B.173, subsection 13, Code 1997, is 4 15 amended to read as follows: 4 16 13. a. Adopt, modify, or repeal rules relating to the 4 17 construction or operation of animal feeding operations. The 4 18 rules shall include, but are not limited to, minimum manure 4 19 control requirements, requirements for obtaining permits, and 4 20 departmental evaluations of animal feeding operations. The 4 21 department shall not require that a person obtain a permit for 4 22 the construction of an animal feeding operation structure, if 4 23 the structure is part of a small animal feeding operation. 4 24 b. The department shall collect an indemnity fee as 4 25 provided in section 204.3 prior to the issuance of a 4 26 construction permit. The department shall deposit moneys 4 27 collected in indemnity fees in the manure storage indemnity 4 28 fund created in section 204.2. 4 29 c. The department shall not approve a permit for the 4 30 construction of three or more animal feeding operation 4 31 structures unless the applicant files a statement approved by 4 32 a professional engineer registered pursuant to chapter 542B 4 33 certifying that the construction of the animal feeding 4 34 operation structure will not impede the drainage through 4 35 established drainage tile lines which cross property boundary 5 1 lines unless measures are taken to reestablish the drainage 5 2 prior to completion of construction.The department shall5 3deposit moneys collected in indemnity fees in the manure5 4storage indemnity fund created in section 204.2.The 5 5 department shall not approve a permit for the construction of 5 6 an animal feeding operation structure other than a qualified 5 7 animal feeding operation structure. 5 8 d. The department shall issue a permit for an animal 5 9 feeding operation, if an application is submitted according to 5 10 procedures required by the department, and the application 5 11 meets standards established by the department, regardless of 5 12 whether the animal feeding operation is required to obtain 5 13 such a permit. An applicant for a construction permit shall 5 14 not begin construction at the location of a site planned for 5 15 the construction of an animal feeding operation structure, 5 16 until the person has been granted a permit for the 5 17 construction of the structure by the department. The 5 18 department shall make a determination regarding the approval 5 19 or denial of a permit within sixty days from the date that the 5 20 department receives a completed application for a permit. 5 21 However, the sixty-day requirement shall not apply to an 5 22 application, if the applicant is not required to obtain a 5 23 permit in order to construct an animal feeding operation 5 24 structure or to operate an animal feeding operation. The 5 25 department shall deliver a copy or require the applicant to 5 26 deliver a copy of the application for a construction permit to 5 27 the county board of supervisors in the county where the 5 28 confinement feeding operation or confinement feeding operation 5 29 structure subject to the permit is to be located. The 5 30 department shall not approve the application or issue a 5 31 construction permit until thirty days following delivery of 5 32 the application to the county board of supervisors. The 5 33 department shall consider comments from the county board of 5 34 supervisors, regarding compliance by the applicant with the 5 35 legal requirements for the construction of the confinement 6 1 feeding operation structure as provided in this chapter, and 6 2 rules adopted by the department pursuant to this chapter, if 6 3 the comments are delivered to the department within fourteen 6 4 days after receipt of the application by the county board of 6 5 supervisors. 6 6 e. Prior to granting a permit to a person for the 6 7 construction of an animal feeding operation, the department 6 8 may require the installation and operation of a hydrological 6 9 monitoring system for an exclusively earthen manure storage 6 10 structure, if, after an on-site inspection, the department 6 11 determines that the site presents an extraordinary potential 6 12 for groundwater pollution. 6 13 f. A person shall not obtain a permit for the construction 6 14 of a confinement feeding operation, unless the person develops 6 15 a manure management plan as provided in section 455B.203. 6 16 g. The department shall not issue a permit to a person 6 17 under this subsection if an enforcement action by the 6 18 department, relating to a violation of this chapter concerning 6 19 a confinement feeding operation in which the person has an 6 20 interest, is pending. The department shall not issue a permit 6 21 to a person under this subsection for five years after the 6 22 date of the last violation committed by a person or 6 23 confinement feeding operation in which the person holds a 6 24 controlling interest during which the person or operation was 6 25 classified as a habitual violator under section 455B.191. The 6 26 department shall conduct an annual review of each confinement 6 27 feeding operation which is a habitual violator and each 6 28 confinement feeding operation in which a habitual violator 6 29 holds a controlling interest. The department shall notify 6 30 persons classified as habitual violators of their 6 31 classification, additional restrictions imposed upon the 6 32 persons pursuant to the classification, and special civil 6 33 penalties that may be imposed upon the persons. The notice 6 34 shall be sent to the persons by certified mail. 6 35 EXPLANATION 7 1 This bill prohibits a person from constructing or expanding 7 2 a single-stage anaerobic lagoon or earthen manure storage 7 3 basin on and after the effective date of the bill. A single- 7 4 stage anaerobic lagoon is defined to mean an anaerobic lagoon 7 5 that uses a single impoundment in the process of stabilizing 7 6 organic wastes which are stored in the impoundment. The bill 7 7 maintains separation distance requirements for animal feeding 7 8 operation structures which are constructed prior to the 7 9 effective date of the bill. 7 10 LSB 1537XS 77 7 11 da/cf/24.1
Text: SF00093 Text: SF00095 Text: SF00000 - SF00099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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