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PAG LIN 1 1 Section 1. Section 455B.161, subsection 3, Code 1997, is 1 2 amended to read as follows: 1 3 3. a. "Animal feeding operation" means a lot, yard, 1 4 corral, building, or other area in which animals are confined 1 5 and fed and maintained for forty-five days or more in any 1 6 twelve-month period, and all structures used for the storage 1 7 of manure from animals in the operation. 1 8 b. Two or more animal feeding operationsunder common1 9ownership or managementare deemed to be a single animal 1 10 feeding operationif they are adjacentas follows: 1 11 (1) If the animal feeding operations do not include a 1 12 confinement swine feeding operation, the animal feeding 1 13 operations must be both of the following: 1 14 (a) Under common ownership or management. 1 15 (b) Adjacent or utilize a common system for manure 1 16 storage. 1 17 (2) If the animal feeding operations include a confinement 1 18 swine feeding operation, any of the following apply to the 1 19 animal feeding operations: 1 20 (a) They must utilize a common system for manure storage 1 21 or area for manure disposal. 1 22 (b) They must be separated by less than two thousand five 1 23 hundred feet, unless the combined animal weight capacity of 1 24 the animal feeding operations is two hundred thousand pounds 1 25 or less. 1 26 c. An animal feeding operation does not include a 1 27 livestock market. 1 28 Sec. 2. Section 455B.161, Code 1997, is amended by adding 1 29 the following new subsections: 1 30 NEW SUBSECTION. 9A. "Confinement swine feeding operation" 1 31 means a confinement feeding operation in which swine are 1 32 confined and fed and all structures used for the storage of 1 33 manure from animals in the operation. 1 34 NEW SUBSECTION. 9B. "Confinement swine feeding operation 1 35 structure" means a confinement building or a formed swine 2 1 manure storage structure. 2 2 NEW SUBSECTION. 14A. "Formed swine manure storage 2 3 structure" means a formed manure storage structure used to 2 4 store swine manure, which has walls and a floor constructed of 2 5 poured concrete. 2 6 NEW SUBSECTION. 16A. "Manure storage structure" means any 2 7 structure used to store manure from an animal feeding 2 8 operation, including an anaerobic lagoon, earthen manure 2 9 storage basin, or formed manure storage structure. 2 10 Sec. 3. Section 455B.162, unnumbered paragraph 1, Code 2 11 1997, is amended to read as follows: 2 12 1.TheExcept as provided in subsection 1A, the following 2 13 shall apply to animal feeding operation structures constructed 2 14 on or after May 31, 1995; to the expansion of structures 2 15 constructed on or after May 31, 1995; or, except as provided 2 16 in section 455B.163, to the expansion of structures 2 17 constructed prior to May 31, 1995: 2 18 Sec. 4. Section 455B.162, subsection 1, unnumbered 2 19 paragraph 1, Code 1997, is amended by striking the unnumbered 2 20 paragraph. 2 21 Sec. 5. Section 455B.162, Code 1997, is amended by adding 2 22 the following new subsection: 2 23 NEW SUBSECTION. 1A. The following shall apply to 2 24 confinement swine feeding operation structures constructed on 2 25 or after the effective date of this Act, if the confinement 2 26 swine feeding operations are established on or after the 2 27 effective date of this Act: 2 28 a. The following table represents the minimum separation 2 29 distance in feet required between a confinement swine feeding 2 30 operation structure and a residence not owned by the owner of 2 31 the confinement swine feeding operation, or a commercial 2 32 enterprise, bona fide religious institution, or an educational 2 33 institution: 2 34 Minimum Minimum Minimum 2 35 separation separation separation 3 1 distance in distance in distance in 3 2 feet for feet for feet for 3 3 operations operations operations 3 4 having an having an having an 3 5 animal weight animal weight animal weight 3 6 capacity of capacity of capacity of 3 7 less than 625,000 or 1,250,000 or 3 8 625,000 more pounds more pounds 3 9 pounds but less than 3 10 1,250,000 3 11 pounds 3 12 Type of structure 3 13 Uncovered formed 3 14 swine manure 3 15 storage 3 16 structure 2,250 2,750 3,250 3 17 Covered formed 3 18 swine manure 3 19 storage 3 20 structure 1,900 2,250 2,750 3 21 Confinement 3 22 building 1,900 2,250 2,750 3 23 b. The following table represents the minimum separation 3 24 distance in feet required between confinement swine feeding 3 25 operation structures and a public use area or a residence not 3 26 owned by the owner of the confinement swine feeding operation, 3 27 a commercial enterprise, a bona fide religious institution, or 3 28 an educational institution located within the corporate limits 3 29 of a city: 3 30 Minimum Minimum Minimum 3 31 separation separation separation 3 32 distance in distance in distance in 3 33 feet for feet for feet for 3 34 operations operations operations 3 35 having an having an having an 4 1 animal weight animal weight animal weight 4 2 capacity of capacity of capacity of 4 3 less than 625,000 or 1,250,000 or 4 4 625,000 more pounds more pounds 4 5 pounds but less than 4 6 1,250,000 4 7 pounds 4 8 Type of structure 4 9 Confinement 4 10 swine 4 11 feeding 4 12 operation 4 13 structure 2,500 3,025 3,750 4 14 Sec. 6. Section 455B.171, subsection 2, Code 1997, is 4 15 amended to read as follows: 4 16 2. a. "Animal feeding operation" means a lot, yard, 4 17 corral, building, or other area in which animals are confined 4 18 and fed and maintained for forty-five days or more in any 4 19 twelve-month period, and all structures used for the storage 4 20 of manure from animals in the animal feeding operation. 4 21 b. Two or more animal feeding operationsunder common4 22ownership or managementare deemed to be a single animal 4 23 feeding operationif they are adjacentas follows: 4 24 (1) If the animal feeding operations do not include a 4 25 confinement swine feeding operation, the animal feeding 4 26 operations must be both of the following: 4 27 (a) Under common ownership or management. 4 28 (b) Adjacent or utilize a common area or system for manure 4 29 disposal. 4 30 (2) If the animal feeding operations include a confinement 4 31 swine feeding operation, any of the following apply to the 4 32 animal feeding operations: 4 33 (a) They must utilize a common system or area for manure 4 34 storage. 4 35 (b) They must be separated by more than two thousand five 5 1 hundred feet, unless the combined animal weight capacity of 5 2 the animal feeding operations is two hundred thousand pounds 5 3 or less. 5 4 c. An animal feeding operation does not include a 5 5 livestock market as defined in section 455B.161. 5 6 Sec. 7. Section 455B.171, Code 1997, is amended by adding 5 7 the following new subsections: 5 8 NEW SUBSECTION. 4A. "Confinement swine feeding operation" 5 9 means the same as defined in section 455B.161. 5 10 NEW SUBSECTION. 4B. "Confinement swine feeding operation 5 11 structure" means the same as defined in section 455B.161. 5 12 NEW SUBSECTION. 9A. "Formed manure storage structure" 5 13 means the same as defined in section 455B.161. 5 14 NEW SUBSECTION. 9B. "Formed swine manure storage 5 15 structure" means the same as defined in section 455B.161. 5 16 NEW SUBSECTION. 12A. "Manure storage structure" means the 5 17 same as defined in section 455B.161. 5 18 Sec. 8. Section 455B.201, Code 1997, is amended by adding 5 19 the following new subsection: 5 20 NEW SUBSECTION. 5. On and after the effective date of 5 21 this Act, a person shall not construct a manure storage 5 22 structure which is part of a confinement swine feeding 5 23 operation unless the manure storage structure is a formed 5 24 swine manure storage structure. 5 25 Sec. 9. Section 455B.204, subsection 1, unnumbered 5 26 paragraph 1, Code 1997, is amended to read as follows: 5 27 An animal feeding operation structure shall not belocated5 28at leastconstructed or expanded less than five hundred feet 5 29 away from the surface intake of an agricultural drainage well 5 30 or known sinkhole, andat leastnot less than two hundred feet 5 31 away from a lake, river, or stream located within the 5 32 territorial limits of the state, any marginal river area 5 33 adjacent to the state, which can support a floating vessel 5 34 capable of carrying one or more persons during a total of a 5 35 six-month period in one out of ten years, excluding periods of 6 1 flooding. However,noa distance separation is not required 6 2 between a location or object and a farm pond or privately 6 3 owned lake, as defined in section 462A.2. A confinement swine 6 4 feeding operation structure shall not be constructed or 6 5 expanded less than five hundred feet away from a drinking 6 6 water well. 6 7 Sec. 10. EFFECTIVE DATE. This Act, being deemed of 6 8 immediate importance, takes effect upon enactment. 6 9 EXPLANATION 6 10 This bill relates to separation distance requirements 6 11 imposed on confinement swine feeding operations. A 6 12 confinement swine feeding operation is an area in which swine 6 13 are confined to buildings and fed and maintained for 45 days 6 14 or more in any 12-month period, including all structures used 6 15 for the storage of manure from animals in the operation. 6 16 The bill provides that for purposes of the regulation of 6 17 animal feeding operations under chapter 455B, two or more 6 18 animal feeding operations are deemed to be a single animal 6 19 feeding operation if they include a confinement swine feeding 6 20 operation and either use a common system for manure storage or 6 21 area for manure disposal, or are separated by less than 2,500 6 22 feet, unless the combined animal weight capacity of the animal 6 23 feeding operations is 200,000 pounds or less. 6 24 The bill provides greater separation distances for 6 25 confinement swine feeding operation structures constructed on 6 26 or after the effective date of the bill. The separation 6 27 distances apply between a confinement swine feeding operation 6 28 structure and a residence, commercial enterprise, bona fide 6 29 religious institution, or educational institution. Other 6 30 separation distances apply between a confinement swine feeding 6 31 operation structure and a public use area or a residence, 6 32 commercial enterprise, bona fide religious institution, or 6 33 educational institution located within the corporate limits of 6 34 a city. 6 35 The bill provides that on and after the effective date of 7 1 the bill, a person is prohibited from constructing a manure 7 2 storage structure which is part of a confinement swine feeding 7 3 operation unless the manure storage structure is a formed 7 4 swine manure storage structure. 7 5 The bill requires that a confinement swine feeding 7 6 operation structure be constructed at least 500 feet away from 7 7 a drinking water well. 7 8 Chapter 455B includes provisions imposing penalties upon 7 9 violators which are applicable to the provisions of this bill. 7 10 A person violating provisions of the bill is generally subject 7 11 to a civil penalty of not more than $10,000, pursuant to 7 12 section 455B.109. A person who violates water quality 7 13 provisions is subject to a civil penalty of not more than 7 14 $5,000 unless the person is classified as a habitual violator, 7 15 pursuant to section 455B.191. A habitual violator may be 7 16 subject to a civil penalty of not more than $25,000. 7 17 The bill takes effect upon enactment. 7 18 LSB 2106XS 77 7 19 da/sc/14.2
Text: SF00238 Text: SF00240 Text: SF00200 - SF00299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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