Text: SF02105 Text: SF02107 Text: SF02100 - SF02199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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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