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PAG LIN 1 1 Section 1. Section 266.39D, Code 1997, is amended to read 1 2 as follows: 1 3 266.39D LIVESTOCKPRODUCERSPRODUCTION ASSISTANCEPROGRAM1 4 PROGRAMS. 1 5 Iowa state university shall establish and administera1 6 livestockproducersproduction assistanceprogramprograms to 1 7 provideon-siteassistance to persons involved in livestock 1 8productionoperations. The programs shall include the 1 9 following: 1 10 1. A program to provide on-site assistance to livestock 1 11 producers in order to increase the efficiency, productivity, 1 12 and profitability of their operations. The program, to every 1 13 extent practicable, shall be supported by nonstate moneys. 1 14 The university shall submit a report to the legislative fiscal 1 15 bureau by November 1 of each year,if the university expects 1 16 that state moneys may be required to support the program 1 17 during the subsequent state fiscal year. The report shall 1 18 include all expected sources of revenues and the amounts 1 19 expected to be contributed by these sources for the subsequent 1 20 state fiscal year. 1 21 2. A program to assist persons, including livestock 1 22 producers, in managing the storage and disposal of manure 1 23 originating from animal feeding operations as defined in 1 24 section 455B.161. The department of natural resources and the 1 25 department of agriculture and land stewardship shall cooperate 1 26 with the university in administering the program. The 1 27 university shall establish a model animal feeding operation in 1 28 order to demonstrate best practical structures, equipment, and 1 29 practices available in managing manure originating from the 1 30 operation, including methods which minimize odor and threats 1 31 of pollution to groundwater and surface water caused by the 1 32 storage, removal, and application of manure. 1 33 Sec. 2. Section 455B.109, subsection 4, Code 1997, is 1 34 amended to read as follows: 1 35 4. All civil penalties assessed by the department and 2 1 interest on the penalties shall be deposited in the general 2 2 fund of the state. However,civilthe following shall apply 2 3 to violations committed by animal feeding operations: 2 4 a. A civil penalty arising out of a violation committed by 2 5 a confinement feeding operation under division II, part 2, may 2 6 be trebled if the confinement feeding operation is required to 2 7 have an operating permit approved by the department as 2 8 provided in section 455B.202A. A civil penalty arising out of 2 9 a violation committed by a confinement feeding operation under 2 10 division III may be trebled if the confinement feeding 2 11 operation is required to have an operating permit approved by 2 12 the department as provided in section 455B.202A. 2 13 b. Civil penaltiesassessed by the departmentand interest 2 14 on penalties, arising out of violations committed by animal 2 15 feeding operations under division II, part 2, shall be 2 16 deposited in the manure storage indemnity fund as created in 2 17 section 204.2. Civil penalties assessedby the departmentand 2 18 interest on the penalties arising out of violations committed 2 19 by animal feeding operations under division III, which may be 2 20 assessed pursuant to section 455B.191, shall be deposited in 2 21 the manure storage indemnity fund as created in section 204.2. 2 22 Sec. 3. Section 455B.162, subsection 1, unnumbered 2 23 paragraph 1, Code 1997, is amended to read as follows: 2 24 Except as provided insubsectionsubsections 2 and 3, the 2 25 followingtabletables shall apply to animal feeding operation 2 26 structures: 2 27 Sec. 4. Section 455B.162, Code 1997, is amended by adding 2 28 the following new subsection: 2 29 NEW SUBSECTION. 3. This section shall not apply to 2 30 authorize the construction or expansion of an earthen manure 2 31 storage structure which is prohibited as provided in section 2 32 455B.207. 2 33 Sec. 5. Section 455B.171, Code Supplement 1997, is amended 2 34 by adding the following new subsections: 2 35 NEW SUBSECTION. 1A. "Anaerobic lagoon" means the same as 3 1 defined in section 455B.161. 3 2 NEW SUBSECTION. 3A. "Chronic violator" means the same as 3 3 defined in section 657.11. 3 4 NEW SUBSECTION. 7A. "Earthen manure storage basin" means 3 5 the same as defined in section 455B.161. 3 6 NEW SUBSECTION. 7B. "Earthen manure storage structure" 3 7 means a structure other than a formed manure storage structure 3 8 that is used to store or treat manure originating from an 3 9 animal feeding operation, including an anaerobic lagoon, 3 10 earthen manure storage basin, or earthen aerobic structure. 3 11 NEW SUBSECTION. 9A. "Formed manure storage structure" 3 12 means the same as defined in section 455B.161. 3 13 NEW SUBSECTION. 12A. "Manure storage structure" means a 3 14 structure used to store manure as part of an animal feeding 3 15 operation regardless of whether it is subject to a 3 16 construction permit issued by the department pursuant to 3 17 section 455B.173. A manure storage structure includes, but is 3 18 not limited to, an anaerobic lagoon, aerobic structure, formed 3 19 manure storage structure, earthen manure slurry basin, or 3 20 earthen manure storage basin. 3 21 Sec. 6. Section 455B.173, subsection 13, Code 1997, is 3 22 amended to read as follows: 3 23 13. a. Adopt, modify, or repeal rules relating to the 3 24 construction or operation of animal feeding operations. The 3 25 rules shall include, but are not limited to, minimum manure 3 26 control requirements, requirements for obtaining permits, and 3 27 departmental evaluations of animal feeding operations. 3 28 b. The department shall not require that a person obtain a 3 29 permit for the construction of an animal feeding operation 3 30 structure,if the structure is part of a small animal feeding 3 31 operation. 3 32 c. The department shall collect an indemnity fee as 3 33 provided in section 204.3 prior to the issuance of a 3 34 construction permit. The department shall deposit moneys 3 35 collected in indemnity fees in the manure storage indemnity 4 1 fund created in section 204.2. 4 2 d. The department shall not approve a permit for the 4 3 construction of three or more animal feeding operation 4 4 structures unless the applicant files a statement approved by 4 5 a professional engineer registered pursuant to chapter 542B 4 6 certifying that the construction of the animal feeding 4 7 operation structure will not impede the drainage through 4 8 established drainage tile lines which cross property boundary 4 9 lines unless measures are taken to reestablish the drainage 4 10 prior to completion of construction.The department shall4 11deposit moneys collected in indemnity fees in the manure4 12storage indemnity fund created in section 204.2.The 4 13 department shall not approve a permit for the construction of 4 14 a restricted earthen manure storage structure prohibited 4 15 pursuant to section 455B.207. 4 16 e. The department shall issue a permit for an animal 4 17 feeding operation, if an application is submitted according to 4 18 procedures required by the department, and the application 4 19 meets standards established by the department, regardless of 4 20 whether the animal feeding operation is required to obtain 4 21 such a permit. 4 22 f. An applicant for a construction permit shall not begin 4 23 construction at the location of a site planned for the 4 24 construction of an animal feeding operation structure, until 4 25 the person has been granted a permit for the construction of 4 26 the structure by the department. The department shall make a 4 27 determination regarding the approval or denial of a permit 4 28 within sixty days from the date that the department receives a 4 29 completed application for a permit. However, the sixty-day 4 30 requirement shall not apply to an application, if the 4 31 applicant is not required to obtain a permit in order to 4 32 construct an animal feeding operation structure or to operate 4 33 an animal feeding operation. 4 34 g. The department shall deliver a copy or require the 4 35 applicant to deliver a copy of the application for a 5 1 construction permit to the county board of supervisors in the 5 2 county where the confinement feeding operation orconfinement5 3 related animal feeding operation structure subject to the 5 4 permit is to be located. The department shall not approve the 5 5 application or issue a construction permit until thirty days 5 6 following delivery of the application to the county board of 5 7 supervisors. The department shall consider comments from the 5 8 county board of supervisors,regarding compliance by the 5 9 applicant with the legal requirements for the construction of 5 10 the confinement feeding operation structure as provided in 5 11 this chapter, and rules adopted by the department pursuant to 5 12 this chapter, if the comments are delivered to the department 5 13 within fourteen days after receipt of the application by the 5 14 county board of supervisors. 5 15 h. The department shall adopt rules providing for the 5 16 installation and maintenance of groundwater monitoring wells 5 17 to adequately determine the quality of the state's groundwater 5 18 and the impact of the storage and disposal of manure from 5 19 animal feeding operations on the quality of groundwater 5 20 sources. Prior to granting a permit to a person for the 5 21 construction of an animal feeding operation, the department 5 22 may require the installation and operation of a hydrological 5 23 monitoring system for an exclusively earthen manure storage 5 24 structure, if, after an on-site inspection, the department 5 25 determines that the site presents an extraordinary potential 5 26 for groundwater pollution. 5 27 i. A person shall not obtain a permit for the construction 5 28 of a confinement feeding operation,unless the person develops 5 29 a manure management plan as provided in section 455B.203. 5 30 j. The department shall not issue a permit to a person 5 31 under this subsection if an enforcement action by the 5 32 department, relating to a violation of this chapter concerning 5 33 a confinement feeding operation in which the person has an 5 34 interest, is pending. The department shall not issue a permit 5 35 to a person under this subsection for five years after the 6 1 date of the last violation committed by a person or 6 2 confinement feeding operation in which the person holds a 6 3 controlling interest during which the person or operation was 6 4 classified as a habitual violator under section 455B.191.The6 5department shall conduct an annual review of each confinement6 6feeding operation which is a habitual violator and each6 7confinement feeding operation in which a habitual violator6 8holds a controlling interest.The department shall notify 6 9 persons classified as habitual violators of their 6 10 classification, additional restrictions imposed upon the 6 11 persons pursuant to the classification, and special civil 6 12 penalties that may be imposed upon the persons. The notice 6 13 shall be sent to the persons by certified mail. 6 14 Sec. 7. Section 455B.191, Code 1997, is amended by adding 6 15 the following new subsections: 6 16 NEW SUBSECTION. 7A. Notwithstanding this section, a 6 17 person who is required to be certified as provided in section 6 18 455B.206 shall be subject to a civil penalty of five hundred 6 19 dollars for each day that the person acts in violation of that 6 20 section. The person is also guilty of a serious misdemeanor. 6 21 NEW SUBSECTION. 7B. A civil penalty arising out of a 6 22 violation committed by a confinement feeding operation under 6 23 part 2 may be trebled if the confinement feeding operation is 6 24 required to have an operating permit approved by the 6 25 department as provided in section 455B.202A. 6 26 Sec. 8. NEW SECTION. 455B.202A CONFINEMENT FEEDING 6 27 OPERATIONS – CHRONIC VIOLATOR OPERATING PERMITS. 6 28 1. a. If a confinement feeding operation or a person 6 29 holding a controlling interest in a confinement feeding 6 30 operation is classified as a chronic violator, the confinement 6 31 feeding operation must apply to the department for an 6 32 operating permit within thirty days of the classification. 6 33 The department shall make a determination regarding the 6 34 approval or denial of an operating permit within sixty days 6 35 from the date that the department receives a completed 7 1 application for a permit. 7 2 b. If a confinement feeding operation fails to timely 7 3 apply for an operating permit pursuant to paragraph "a" or the 7 4 department denies a confinement feeding operation's 7 5 application for an operating permit, the confinement feeding 7 6 operation shall be closed. 7 7 2. An application for an operating permit must be 7 8 submitted to the department on a form furnished by the 7 9 department according to procedures required by the department. 7 10 An operating permit shall expire one year from the date that 7 11 the application is approved. 7 12 3. A confinement feeding operation required to obtain an 7 13 operating permit shall notify the department at least thirty 7 14 days prior to removing manure from a manure storage structure 7 15 which is part of the confinement feeding operation. A 7 16 departmental official must be on site to oversee the removal 7 17 of manure. However, in order to access the operation, the 7 18 departmental official must comply with standard disease 7 19 control restrictions customarily required by the operation. 7 20 The department shall comply with section 455B.103, subsection 7 21 4, in conducting an investigation of the premises where the 7 22 animals are kept. The department shall assess, and the 7 23 confinement feeding operation shall pay, the actual costs of 7 24 providing the oversight. 7 25 4. a. Regardless of whether a confinement feeding 7 26 operation or a person holding a controlling interest in a 7 27 confinement feeding operation has been removed from the 7 28 classification of a chronic violator, an operating permit must 7 29 be approved by the department each year until the confinement 7 30 feeding operation and a person holding a controlling interest 7 31 in the operation have not committed a serious violation of 7 32 this chapter for the previous five years. 7 33 b. An operating permit shall be cancelled and a 7 34 confinement feeding operation shall be closed for one year 7 35 following the date that the confinement feeding operation 8 1 commits a serious violation. 8 2 c. For purposes of this section, a serious violation is a 8 3 violation of this part or rules adopted by the department 8 4 pursuant to this part by doing any of the following: 8 5 (1) Managing a confinement feeding operation, including 8 6 operating or constructing a related animal feeding operation 8 7 structure or pollution control device or practice, in a 8 8 negligent manner. It shall be conclusively presumed that a 8 9 confinement feeding operation which causes pollution to the 8 10 waters of the state is managed in a negligent manner. 8 11 (2) Failing to submit a complete manure management plan as 8 12 required pursuant to section 455B.203. 8 13 (3) Making a false statement or misrepresenting 8 14 information to the department as part of an application for an 8 15 operating permit. 8 16 (4) Failing to obtain approval by the department for a 8 17 permit required to operate a confinement feeding operation as 8 18 provided in this section. 8 19 (5) Removing manure from a manure storage structure 8 20 without notifying the department as required pursuant to this 8 21 section. 8 22 (6) Refusing to allow a departmental inspection as 8 23 provided in section 455B.205. 8 24 5. If a confinement feeding operation is closed under this 8 25 section, the department shall supervise the operation's 8 26 depopulation and the removal and disposal of manure stored in 8 27 associated manure storage structures. 8 28 Sec. 9. Section 455B.203, subsection 5, Code 1997, is 8 29 amended by striking the subsection. 8 30 Sec. 10. NEW SECTION. 455B.205 INSPECTIONS. 8 31 1. The department may inspect a confinement feeding 8 32 operation requiring a construction permit as provided in 8 33 section 455B.173, at any time during normal working hours, and 8 34 may inspect records required to be maintained as part of the 8 35 manure management plan as required pursuant to section 9 1 455B.203. 9 2 2. The department shall inspect a confinement feeding 9 3 operation requiring a construction permit at least once each 9 4 year. The department shall develop a system to prioritize the 9 5 inspections of confinement feeding operations based on the 9 6 risk of pollution caused by the operations to surface water or 9 7 groundwater. If the department is required to approve an 9 8 operating permit for a confinement feeding operation as 9 9 provided in section 455B.202A, the department shall inspect 9 10 the confinement feeding operation as frequently as 9 11 practicable. 9 12 3. The department shall assess, and the confinement 9 13 feeding operation shall pay, the actual costs of an 9 14 inspection. 9 15 4. In order to access the premises of a confinement 9 16 feeding operation, a departmental inspector must comply with 9 17 standard disease control restrictions customarily required by 9 18 the operation in the area where the inspection will occur. 9 19 5. The department shall comply with section 455B.103 in 9 20 conducting an investigation of the premises where the animals 9 21 are kept. 9 22 Sec. 11. NEW SECTION. 455B.206 CERTIFICATION. 9 23 1. The following persons must be certified by the 9 24 department as provided in this section prior to performing 9 25 functions related to managing and operating manure storage 9 26 structures or related pollution control devices or practices 9 27 associated with a confinement feeding operation: 9 28 a. The manager of a confinement feeding operation 9 29 constructed pursuant to a permit approved by the department 9 30 pursuant to section 455B.173. 9 31 b. Each person actively engaged in operating a confinement 9 32 feeding operation which operates under an operating permit 9 33 approved by the department pursuant to section 455B.202A. A 9 34 person is not required to be certified pursuant to this 9 35 paragraph once an operating permit is not required. For 10 1 purposes of this paragraph, a person is actively engaged in 10 2 operating a confinement feeding operation if the person does 10 3 any of the following: 10 4 (1) Regularly and frequently makes, or takes an important 10 5 part in making, management decisions substantially 10 6 contributing to or affecting the success of the operation. 10 7 (2) Performs physical work which significantly contributes 10 8 to the confinement feeding operation. 10 9 2. A person who enters into a contract or an agreement for 10 10 compensation and agrees to perform a service by applying 10 11 manure onto land shall not apply manure unless the person is 10 12 certified by the department as provided in this section. This 10 13 subsection does not apply to any of the following: 10 14 a. A person engaged in livestock and crop production who 10 15 trades work with another such person. 10 16 b. An employee who engages in livestock and crop 10 17 production, if any of the following applies: 10 18 (1) The employee is not employed solely as a manure 10 19 applicator and applies manure on the employer's land as an 10 20 incidental part of the employee's general duties. 10 21 (2) A person who applies manure as an incidental part of a 10 22 custom farming operation. 10 23 c. A person who is employed to apply manure and performs 10 24 the application for a period of twenty-one days from the date 10 25 of initial employment, if the person is competent and acts 10 26 under the instruction and control of a certified manure 10 27 applicator who is physically present, by being in sight or 10 28 hearing distance of the certified manure applicator. 10 29 d. A person who is applying manure which is regulated as a 10 30 fertilizer or soil conditioner pursuant to chapter 200. 10 31 e. A person who applies manure on less than two acres of 10 32 land during any consecutive twelve-month period. 10 33 3. A person required to be certified under this section 10 34 shall complete an educational program. To be initially 10 35 certified, the person must pass an examination. After initial 11 1 certification the person must renew the certification by 11 2 passing an examination or attending continuing instructional 11 3 courses. A person renewing a certification must pass the 11 4 examination each third year following initial certification or 11 5 attend two hours of continuing instructional courses each 11 6 year. The department shall establish different educational 11 7 programs designed for persons managing confinement feeding 11 8 operations, operating facilities associated with confinement 11 9 feeding operations subject to an operating permit, and 11 10 applying manure. 11 11 4. a. The department shall adopt rules necessary to carry 11 12 out this section, including establishing certification 11 13 standards, which shall at least include standards for the 11 14 handling, application, and storage of manure, the effects of 11 15 manure upon surface water and groundwater, and procedures to 11 16 contain or cleanup manure which threatens surface water or 11 17 groundwater. The department shall adopt rules providing for 11 18 the educational program requirements based on the 11 19 certification standards. The department shall adopt by rule 11 20 criteria for allowing a person required to be certified to 11 21 complete either a written or oral examination. The department 11 22 shall notify a person who fails to receive or retain a 11 23 certification, by delivering a written notice to the person 11 24 within ten days following the failure. The notice shall 11 25 include all reasons for the failure. 11 26 b. The department shall administer the continuing 11 27 instructional courses, by either teaching the courses or 11 28 selecting persons to teach the courses, according to criteria 11 29 established by rules adopted by the department. The 11 30 department shall, to the extent possible, select persons to 11 31 teach the courses in each county. The department is not 11 32 required to compensate persons selected to teach the courses. 11 33 In selecting persons, the department shall rely upon 11 34 organizations interested in the application of manure, 11 35 including associations representing agricultural producers. 12 1 The department shall cooperate with the department of natural 12 2 resources in designing an examination and approving 12 3 instructional courses. The Iowa cooperative extension service 12 4 in agriculture and home economics of Iowa state university of 12 5 science and technology shall cooperate with the department in 12 6 administering the instructional courses. The Iowa cooperative 12 7 extension service may teach courses, train persons selected to 12 8 teach courses, and distribute informational materials to 12 9 persons teaching the courses. 12 10 5. A person required to be certified pursuant to this 12 11 section shall pay a twenty-five dollar fee for each year that 12 12 the person applies for certification. 12 13 Sec. 12. NEW SECTION. 455B.207 CONSTRUCTION OF EARTHEN 12 14 MANURE STORAGE STRUCTURES – PROHIBITION. 12 15 1. As used in this section, "restricted earthen manure 12 16 storage structure" means an earthen manure storage structure 12 17 which is part of a confinement feeding operation in which all 12 18 of the following apply: 12 19 a. The structure's capacity is more than three million 12 20 gallons. 12 21 b. The confinement feeding operation is used for the care 12 22 and feeding of swine. 12 23 c. The weaning and finishing phases of the production 12 24 cycle are conducted at the confinement feeding operation. 12 25 2. A person shall not construct a restricted earthen 12 26 manure storage structure on or after the effective date of 12 27 this Act. 12 28 3. A restricted earthen manure storage structure shall not 12 29 be used to store more than the following number of gallons of 12 30 manure: 12 31 a. Ten million gallons on or after July 1, 2000. 12 32 b. Seven million gallons on or after July 1, 2002. 12 33 c. Five million gallons on or after July 1, 2004. 12 34 d. Three million gallons on or after July 1, 2006. 12 35 Sec. 13. APPROPRIATION. There is appropriated from the 13 1 general fund of the state to the department of natural 13 2 resources for the fiscal year beginning July 1, 1998, and 13 3 ending June 30, 1999, the following amount, or so much thereof 13 4 as is necessary, to be used for the purposes designated: 13 5 For the regulation of animal feeding operations, including 13 6 salaries, support, maintenance, miscellaneous purposes, which 13 7 shall be used exclusively for the administration and 13 8 enforcement of regulations affecting animal feeding 13 9 operations, including approving permits and conducting 13 10 inspections and investigations of the operations, and for not 13 11 more than the following full-time equivalent positions: 13 12 .................................................. $ 707,600 13 13 ............................................... FTEs 15.00 13 14 EXPLANATION 13 15 This bill relates to environmental protection, by providing 13 16 for livestock production, specifically programs and 13 17 regulations affecting animal feeding operations. The bill 13 18 does all of the following: 13 19 The bill requires Iowa state university to establish and 13 20 administer a program to assist persons, including livestock 13 21 producers, in managing the storage and disposal of manure 13 22 originating from animal feeding operations. The university is 13 23 required to establish a model animal feeding operation in 13 24 order to demonstrate best practical structures, equipment, and 13 25 practices available in managing manure originating from an 13 26 operation. 13 27 The bill provides that civil penalties that are assessable 13 28 against owners of confinement feeding operations may be 13 29 trebled if the confinement feeding operation is required to 13 30 have an operating permit approved by the department due to 13 31 classification as a chronic violator as provided in this bill. 13 32 The bill requires the department to adopt rules providing 13 33 for the installation and maintenance of groundwater monitoring 13 34 wells to adequately determine the quality of the state's 13 35 groundwater and the impact of the storage and disposal of 14 1 manure from animal feeding operations on the quality of 14 2 groundwater sources. 14 3 The bill requires the department to approve an operating 14 4 permit for a confinement feeding operation, if the confinement 14 5 feeding operation is classified as a chronic violator. The 14 6 bill also provides that if a person holding a controlling 14 7 interest in a confinement feeding operation is classified as a 14 8 chronic violator, the department must approve an operating 14 9 permit for each confinement feeding operation in which the 14 10 person holds a controlling interest. The confinement feeding 14 11 operation must be closed unless the department approves an 14 12 application for the operating permit within 90 days following 14 13 the classification. 14 14 The chronic violator classification currently applies to 14 15 prevent confinement feeding operations classified as chronic 14 16 violators from receiving nuisance suit protection. Generally, 14 17 a violator is classified as a chronic violator if three or 14 18 more specified violations have been committed, regardless of 14 19 whether they were committed prior to the effective date of 14 20 this bill. The violators must have been punished by a civil 14 21 penalty equal to $3,000 or more or a court order or judgment 14 22 for a legal action brought by the attorney general after 14 23 referral by the department. The violations must have related 14 24 to constructing or operating a related animal feeding 14 25 operation structure in violation of state law, intentionally 14 26 making a false statement or misrepresenting information to the 14 27 department as part of an application for a construction 14 28 permit, failing to obtain a permit to construct or operate a 14 29 confinement feeding operation or use a related animal feeding 14 30 operation structure, operating a confinement feeding operation 14 31 which causes pollution to the waters of the state caused 14 32 intentionally or caused by a failure to take measures required 14 33 to abate the pollution resulting from an act of God, or 14 34 failing to submit a manure management plan. 14 35 The bill provides that regardless of whether a confinement 15 1 feeding operation or a person holding a controlling interest 15 2 in a confinement feeding operation has been removed from the 15 3 classification of a chronic violator, an operating permit must 15 4 be approved by the department each year until the confinement 15 5 feeding operation and a person holding a controlling interest 15 6 in the operation have not committed a serious violation for 15 7 the previous five years. The bill provides that an operating 15 8 permit must be cancelled and a confinement feeding operation 15 9 must be closed for one year following the date that a 15 10 confinement feeding operation commits a serious violation. 15 11 According to the bill a serious violation occurs when the 15 12 confinement feeding operation violates state law by managing 15 13 the confinement feeding operation in a negligent manner, 15 14 failing to submit a manure management plan, making a false 15 15 statement or misrepresenting information to the department as 15 16 part of an application for an operating permit, failing to 15 17 obtain approval by the department for a permit required to 15 18 operate the confinement feeding operation, removing manure 15 19 from a related manure storage structure without notifying the 15 20 department, or refusing to allow a departmental inspection of 15 21 the facilities. 15 22 The bill provides that a confinement feeding operation 15 23 operating under an operating permit must notify the department 15 24 at least 30 days prior to removing manure from a manure 15 25 storage structure which is part of the confinement feeding 15 26 operation. A departmental inspector must be on site to 15 27 oversee the removal of manure. 15 28 The bill provides that the department must regularly 15 29 inspect a confinement feeding operation requiring a 15 30 construction permit at least once each year. The department 15 31 is required to inspect a confinement feeding operation subject 15 32 to an operating permit as frequently as practicable. 15 33 The bill requires that certain persons must be certified 15 34 prior to performing functions related to managing and 15 35 operating manure storage structures or related pollution 16 1 control devices or practices associated with a confinement 16 2 feeding operation. These persons include the manager of a 16 3 confinement feeding operation constructed pursuant to a 16 4 construction permit, each person actively engaged in operating 16 5 a confinement feeding operation which operates under an 16 6 operating permit approved by the department, and a person who 16 7 enters into a contract to apply manure onto another person's 16 8 land. The person required to be certified must complete an 16 9 educational program. To be initially certified, the person 16 10 must pass an examination. After initial certification the 16 11 person must renew the certification by passing an examination 16 12 or attending continuing instructional courses. There is a $25 16 13 fee for applying for certification. A person who is required 16 14 to be certified is subject to a civil penalty of $500 for each 16 15 day that the person acts in violation of that section. The 16 16 person is also guilty of a serious misdemeanor. 16 17 The bill prohibits persons from constructing certain 16 18 earthen manure storage structures which are part of 16 19 confinement feeding operations, if the structure's capacity is 16 20 more than 3 million gallons, the confinement feeding operation 16 21 is used for the care and feeding of swine, and the weaning and 16 22 finishing phases of the production cycle are conducted at the 16 23 operation. In addition, the bill provides that a restricted 16 24 earthen manure storage structure cannot be used to store more 16 25 than a certain number of gallons of manure by certain future 16 26 dates. A structure cannot store more than 10 million gallons 16 27 on or after July 1, 2000, 7 million gallons on or after July 16 28 1, 2002, 5 million gallons on or after July 1, 2004, and 3 16 29 million gallons on and after July 1, 2006. 16 30 The bill appropriates moneys to the department of natural 16 31 resources for purposes of supporting additional persons 16 32 involved in the administration and enforcement of regulations 16 33 affecting animal feeding operations, including approving 16 34 permits and conducting inspections and investigations of the 16 35 operations. 17 1 LSB 3163SS 77 17 2 da/jl/8.1
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