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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. 5A. "Authorized animal feeding operation 1 4 structure" means an animal feeding operation structure other 1 5 than an unformed manure storage structure. 1 6 NEW SUBSECTION. 21. "Unformed manure storage structure" 1 7 means a covered or uncovered animal feeding operation 1 8 structure, other than a formed manure storage structure, which 1 9 is used to store manure from a confinement feeding operation, 1 10 including but not limited to an earthen manure storage basin 1 11 or anaerobic lagoon. 1 12 Sec. 2. Section 455B.162, unnumbered paragraph 1, Code 1 13 1997, is amended by striking the unnumbered paragraph. 1 14 Sec. 3. Section 455B.162, subsection 1, unnumbered 1 15 paragraph 1, Code 1997, is amended by striking the unnumbered 1 16 paragraph and inserting in lieu thereof the following: 1 17 The following tables shall apply to animal feeding 1 18 operation structures constructed or expanded on or after May 1 19 31, 1995, but prior to the 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. The following tables shall apply to 1 23 authorized animal feeding operation structures constructed or 1 24 expanded on or after the effective date of this Act: 1 25 a. The following table represents the minimum separation 1 26 distance in feet required between an authorized animal feeding 1 27 operation structure and a residence not owned by the owner of 1 28 the animal feeding operation, or a commercial enterprise, bona 1 29 fide religious institution, or an educational institution: 1 30 Minimum 1 31 separation 1 32 distance in 1 33 feet for 1 34 operations 1 35 Minimum having an 2 1 separation animal Minimum 2 2 distance in weight separation 2 3 feet for capacity of distance in 2 4 operations 625,000 or feet for 2 5 having an more pounds operations 2 6 animal but less than having an 2 7 weight 1,250,000 animal 2 8 capacity of pounds for weight 2 9 less than animals other capacity of 2 10 625,000 than bovine, 1,250,000 or 2 11 pounds for or 1,600,000 more pounds 2 12 animals other or more for animals 2 13 than bovine, pounds but other than 2 14 or less than less than bovine, or 2 15 1,600,000 4,000,000 4,000,000 or 2 16 pounds for pounds for more pounds 2 17 Type of structure bovine bovine for bovine 2 18 Uncovered formed 2 19 manure storage 2 20 structure 1,000 1,500 2,000 2 21 Covered formed 2 22 manure storage 2 23 structure 750 1,000 1,500 2 24 Confinement 2 25 building 750 1,000 1,500 2 26 Egg washwater 2 27 storage structure 750 1,000 1,500 2 28 b. The following table represents the minimum separation 2 29 distance in feet required between an authorized animal feeding 2 30 operation structure and a public use area or a residence not 2 31 owned by the owner of the animal feeding operation, a 2 32 commercial enterprise, a bona fide religious institution, or 2 33 an educational institution located within the corporate limits 2 34 of a city: 2 35 Minimum 3 1 separation 3 2 distance in 3 3 feet for 3 4 operations 3 5 Minimum having an 3 6 separation animal Minimum 3 7 distance in weight separation 3 8 feet for capacity of distance in 3 9 operations 625,000 or feet for 3 10 having an more pounds operations 3 11 animal but less than having an 3 12 weight 1,250,000 animal 3 13 capacity of pounds for weight 3 14 less than animals other capacity of 3 15 625,000 than bovine, 1,250,000 or 3 16 pounds for or 1,600,000 more pounds 3 17 animals other or more for animals 3 18 than bovine, pounds but other than 3 19 or less than less than bovine, or 3 20 1,600,000 4,000,000 4,000,000 or 3 21 pounds for pounds for more pounds 3 22 Type of structure bovine bovine for bovine 3 23 Authorized animal 3 24 feeding operation 3 25 structure 1,250 1,875 2,500 3 26 NEW SUBSECTION. 3. An animal feeding operation structure 3 27 constructed prior to May 31, 1995, may be expanded only if it 3 28 is an authorized animal feeding operation structure as 3 29 provided in section 455B.163. 3 30 Sec. 5. Section 455B.163, unnumbered paragraph 1, Code 3 31 1997, is amended to read as follows: 3 32 An authorized animal feeding operation constructed prior to 3 33 the applicability of a requirement in section 455B.162, which 3 34 does not comply with thedistance requirements of section3 35455B.162 on May 31, 1995applicable requirement, may continue 4 1 to operate regardless ofthose separation distancesthe 4 2 requirement. The animal feeding operation may be expandedon4 3or after May 31, 1995,regardless ofthose separation4 4distancesthe applicable requirement at any time, if either of 4 5 the following applies: 4 6 Sec. 6. Section 455B.163, subsection 1, Code 1997, is 4 7 amended to read as follows: 4 8 1. The authorized animal feeding operation structure as 4 9 constructed or expanded complies with the applicable distance 4 10 requirements of section 455B.162. 4 11 Sec. 7. Section 455B.171, Code Supplement 1997, is amended 4 12 by adding the following new subsections: 4 13 NEW SUBSECTION. 1A. "Anaerobic lagoon" means the same as 4 14 defined in section 455B.161. 4 15 NEW SUBSECTION. 3A. "Authorized animal feeding operation 4 16 structure" means an animal feeding operation structure other 4 17 than an unformed manure storage structure. 4 18 NEW SUBSECTION. 7A. "Earthen manure storage basin" means 4 19 the same as defined in section 455B.161. 4 20 NEW SUBSECTION. 9A. "Formed manure storage structure" 4 21 means the same as defined in section 455B.161. 4 22 NEW SUBSECTION. 32A. "Unformed manure storage structure" 4 23 means a covered or uncovered animal feeding operation 4 24 structure, other than a formed manure storage structure, which 4 25 is used to store manure from a confinement feeding operation, 4 26 including but not limited to an earthen manure storage basin 4 27 or anaerobic lagoon. 4 28 Sec. 8. Section 455B.173, subsection 13, Code 1997, is 4 29 amended to read as follows: 4 30 13. a. Adopt, modify, or repeal rules relating to the 4 31 construction or operation of animal feeding operations. The 4 32 rules shall include, but are not limited to, minimum manure 4 33 control requirements, requirements for obtaining permits, and 4 34 departmental evaluations of animal feeding operations. The 4 35 department shall not require that a person obtain a permit for 5 1 the construction of an animal feeding operation structure, if 5 2 the structure is part of a small animal feeding operation. 5 3 b. The department shall collect an indemnity fee as 5 4 provided in section 204.3 prior to the issuance of a 5 5 construction permit. The department shall deposit moneys 5 6 collected in indemnity fees in the manure storage indemnity 5 7 fund created in section 204.2. 5 8 c. The department shall not approve a permit for the 5 9 construction of three or more animal feeding operation 5 10 structures unless the applicant files a statement approved by 5 11 a professional engineer registered pursuant to chapter 542B 5 12 certifying that the construction of the animal feeding 5 13 operation structure will not impede the drainage through 5 14 established drainage tile lines which cross property boundary 5 15 lines unless measures are taken to reestablish the drainage 5 16 prior to completion of construction.The department shall5 17deposit moneys collected in indemnity fees in the manure5 18storage indemnity fund created in section 204.2.The 5 19 department shall not approve a permit for the construction of 5 20 an unformed manure storage structure. 5 21 d. The department shall issue a permit for an animal 5 22 feeding operation, if an application is submitted according to 5 23 procedures required by the department, and the application 5 24 meets standards established by the department, regardless of 5 25 whether the animal feeding operation is required to obtain 5 26 such a permit. An applicant for a construction permit shall 5 27 not begin construction at the location of a site planned for 5 28 the construction of an animal feeding operation structure, 5 29 until the person has been granted a permit for the 5 30 construction of the structure by the department. The 5 31 department shall make a determination regarding the approval 5 32 or denial of a permit within sixty days from the date that the 5 33 department receives a completed application for a permit. 5 34 However, the sixty-day requirement shall not apply to an 5 35 application, if the applicant is not required to obtain a 6 1 permit in order to construct an animal feeding operation 6 2 structure or to operate an animal feeding operation. The 6 3 department shall deliver a copy or require the applicant to 6 4 deliver a copy of the application for a construction permit to 6 5 the county board of supervisors in the county where the 6 6 confinement feeding operation or confinement feeding operation 6 7 structure subject to the permit is to be located. The 6 8 department shall not approve the application or issue a 6 9 construction permit until thirty days following delivery of 6 10 the application to the county board of supervisors. The 6 11 department shall consider comments from the county board of 6 12 supervisors, regarding compliance by the applicant with the 6 13 legal requirements for the construction of the confinement 6 14 feeding operation structure as provided in this chapter, and 6 15 rules adopted by the department pursuant to this chapter, if 6 16 the comments are delivered to the department within fourteen 6 17 days after receipt of the application by the county board of 6 18 supervisors. 6 19 e. Prior to granting a permit to a person for the 6 20 construction of an animal feeding operation, the department 6 21 may require the installation and operation of a hydrological 6 22 monitoring system for an exclusively earthen manure storage 6 23 structure, if, after an on-site inspection, the department 6 24 determines that the site presents an extraordinary potential 6 25 for groundwater pollution. 6 26 f. A person shall not obtain a permit for the construction 6 27 of a confinement feeding operation, unless the person develops 6 28 a manure management plan as provided in section 455B.203. 6 29 g. The department shall not issue a permit to a person 6 30 under this subsection if an enforcement action by the 6 31 department, relating to a violation of this chapter concerning 6 32 a confinement feeding operation in which the person has an 6 33 interest, is pending. The department shall not issue a permit 6 34 to a person under this subsection for five years after the 6 35 date of the last violation committed by a person or 7 1 confinement feeding operation in which the person holds a 7 2 controlling interest during which the person or operation was 7 3 classified as a habitual violator under section 455B.191. The 7 4 department shall conduct an annual review of each confinement 7 5 feeding operation which is a habitual violator and each 7 6 confinement feeding operation in which a habitual violator 7 7 holds a controlling interest. The department shall notify 7 8 persons classified as habitual violators of their 7 9 classification, additional restrictions imposed upon the 7 10 persons pursuant to the classification, and special civil 7 11 penalties that may be imposed upon the persons. The notice 7 12 shall be sent to the persons by certified mail. 7 13 Sec. 9. NEW SECTION. 455B.205 UNFORMED MANURE STORAGE 7 14 STRUCTURES – PROHIBITION. 7 15 A person shall not construct or expand an unformed manure 7 16 storage structure on or after the effective date of this Act. 7 17 Sec. 10. EFFECTIVE DATE. This Act, being deemed of 7 18 immediate importance, takes effect upon enactment. 7 19 EXPLANATION 7 20 This bill prohibits a person from constructing or expanding 7 21 an unformed manure storage structure on and after the 7 22 effective date of the bill. An unformed manure storage 7 23 structure is defined to mean a covered or uncovered structure, 7 24 other than a formed manure storage structure, which is used to 7 25 store manure from a confinement feeding operation, including 7 26 but not limited to an earthen manure storage basin or 7 27 anaerobic lagoon. The bill maintains separation distance 7 28 requirements for animal feeding operation structures which are 7 29 constructed prior to the effective date of the bill. The bill 7 30 becomes effective upon enactment. 7 31 LSB 3168XS 77 7 32 da/cf/24.1
Text: SF02048 Text: SF02050 Text: SF02000 - SF02099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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