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PAG LIN
1 1 Section 1. NEW SECTION. 455A.14 EARTHEN MANURE STORAGE
1 2 STRUCTURES – MONITORING AND NOTIFICATION SYSTEM.
1 3 1. As used in this section, unless the context otherwise
1 4 requires:
1 5 a. "Answering point" means a communications facility such
1 6 as a telephone operating service which is operated on a
1 7 twenty-four-hour basis and which receives and delivers
1 8 electronic transmissions including telephone calls.
1 9 b. "Earthen manure storage structure" means an anaerobic
1 10 lagoon, earthen manure storage basin, earthen waste slurry
1 11 storage basin, or aerobic structure, which is part of an
1 12 animal feeding operation regulated by the department.
1 13 2. The owner of an animal feeding operation which uses an
1 14 earthen manure storage structure shall install, calibrate,
1 15 maintain, and operate a monitoring and notification system
1 16 consistent with this section. The system shall include
1 17 electronic equipment which automatically monitors the
1 18 elevation of manure stored in the earthen manure storage
1 19 structure and notifies persons when manure in the structure
1 20 exceeds limits required under chapter 455B, including rules
1 21 adopted by the department. The equipment shall do all of the
1 22 following:
1 23 a. Sound an alarm when the elevation of manure stored in
1 24 the structure exceeds the minimum freeboard level required by
1 25 the department for the structure. The alarm shall be located
1 26 outside but not more than fifty feet from the structure, and
1 27 shall provide a continuous audible signal at a level which is
1 28 designed to notify persons of an emergency, and which is at
1 29 least one hundred twenty decibels.
1 30 b. Transmit an electronic notice to an answering point.
1 31 The notice shall identify the location of the system. The
1 32 answering point shall immediately notify the department and
1 33 the owner of the animal feeding operation, or a person
1 34 designated by the owner of the animal feeding operation, that
1 35 the system is transmitting the notice.
2 1 3. The department shall adopt rules necessary for the
2 2 administration and enforcement of this section, including the
2 3 adoption of standards for monitoring and notification
2 4 equipment and procedures for the installation, calibration,
2 5 maintenance, and operation of the monitoring and notification
2 6 system, the approval of the answering point, and procedures
2 7 required for notification. The department may require that
2 8 all notification is transmitted to one or more answering
2 9 points. The department shall not approve a construction or
2 10 operating permit for an animal feeding operation utilizing an
2 11 earthen manure storage structure unless the department
2 12 approves the installation of the monitoring and notification
2 13 system.
2 14 4. A person who violates this section, or a rule adopted
2 15 by the department pursuant to this section, shall be subject
2 16 to a civil penalty of not more than five thousand dollars for
2 17 each day of the violation.
2 18 Sec. 2. DEPARTMENTAL RULES. The department of natural
2 19 resources shall adopt all rules required to carry out this Act
2 20 by October 1, 1998.
2 21 Sec. 3. COMPLIANCE REQUIREMENTS. A person who has
2 22 constructed an earthen manure storage structure prior to
2 23 October 1, 1998, shall comply with the requirements of this
2 24 Act not later than March 1, 1999.
2 25 Sec. 4. EFFECTIVE DATES.
2 26 1. Except as provided in subsection 2, this Act takes
2 27 effect October 1, 1998.
2 28 2. Section 2 of this Act takes effect upon enactment.
2 29 EXPLANATION
2 30 This bill regulates earthen manure storage structures, such
2 31 as anaerobic lagoons, earthen manure storage basins, earthen
2 32 waste slurry storage basins, and aerobic structures, which are
2 33 part of animal feeding operations regulated by the department.
2 34 The bill provides that the owner of an animal feeding
2 35 operation which uses an earthen manure storage structure must
3 1 install, calibrate, maintain, and operate a monitoring and
3 2 notification system. The system must include electronic
3 3 equipment which automatically monitors the elevation of manure
3 4 stored in the earthen manure storage structure and notifies
3 5 persons when manure in the structure exceeds required limits.
3 6 The equipment must sound an alarm when the elevation of manure
3 7 stored in the structure exceeds the minimum freeboard level
3 8 required for the structure, and transmit an electronic notice
3 9 to an answering point, such as a telephone answering system.
3 10 The answering point must immediately notify the department and
3 11 the owner of the animal feeding operation, or a person
3 12 designated by the owner of the animal feeding operation, that
3 13 the system is transmitting the notice. A person who violates
3 14 the bill's provisions is subject to a civil penalty of not
3 15 more than $5,000 for each day of the violation. The
3 16 department of natural resources is required to adopt rules
3 17 required to carry out the bill by October 1, 1998. A person
3 18 constructing a structure must comply with the bill's
3 19 requirements by that date. A person who has constructed an
3 20 earthen manure storage structure prior to that date must
3 21 comply with the requirements of the bill not later than March
3 22 1, 1999.
3 23 LSB 3053XS 77
3 24 da/sc/14.1
Text: SF02105 Text: SF02107 Text: SF02100 - SF02199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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