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PAG LIN 1 1 Section 1. Section 455B.161, Code 1999, is amended by 1 2 adding the following new subsection: 1 3 NEW SUBSECTION. 6A. "Authorized animal feeding operation 1 4 structure" means a confinement building, egg washwater storage 1 5 structure, or formed manure storage structure. 1 6 Sec. 2. Section 455B.162, subsection 2, unnumbered 1 7 paragraph 1, Code 1999, is amended to read as follows: 1 8 Except as provided insubsectionsubsections 3B and 6, and 1 9 sections 455B.163 and 455B.165, this subsection applies to 1 10 animal feeding operation structures constructed on or after 1 11 January 1, 1999, but prior to the effective date of this Act, 1 12 and to the expansion of structures constructed on or after 1 13 January 1, 1999, but prior to the effective date of this Act. 1 14 The following table represents the minimum separation distance 1 15 in feet required between an animal feeding operation structure 1 16 and a residence not owned by the owner of the animal feeding 1 17 operation, or a commercial enterprise, bona fide religious 1 18 institution, or an educational institution: 1 19 Sec. 3. Section 455B.162, subsection 3, unnumbered 1 20 paragraph 1, Code 1999, is amended to read as follows: 1 21 Except as provided insubsectionsubsections 3B and 6, and 1 22 sections 455B.163 and 455B.165, this subsection applies to 1 23 animal feeding operation structures constructed on or after 1 24 May 31, 1995, but prior to the effective date of this Act; to 1 25 the expansion of structures constructed on or after May 31, 1 26 1995, but prior to the effective date of this Act; and to the 1 27 expansion of structures constructed prior to May 31, 1995. 1 28 The following table represents the minimum separation distance 1 29 in feet required between animal feeding operation structures 1 30 and a public use area or a residence not owned by the owner of 1 31 the animal feeding operation, a commercial enterprise, a bona 1 32 fide religious institution, or an educational institution 1 33 located within the corporate limits of a city: 1 34 Sec. 4. Section 455B.162, Code 1999, is amended by adding 1 35 the following new subsections: 2 1 NEW SUBSECTION. 3A. The following tables shall apply to 2 2 authorized animal feeding operation structures constructed or 2 3 expanded on or after the effective date of this Act: 2 4 a. The following table represents the minimum separation 2 5 distance in feet required between an authorized animal feeding 2 6 operation structure and a residence not owned by the owner of 2 7 the animal feeding operation, or a commercial enterprise, bona 2 8 fide religious institution, or an educational institution: 2 9 Minimum 2 10 separation 2 11 distance in 2 12 feet for 2 13 operations 2 14 Minimum having an 2 15 separation animal Minimum 2 16 distance in weight separation 2 17 feet for capacity of distance in 2 18 operations 625,000 or feet for 2 19 having an more pounds operations 2 20 animal but less than having an 2 21 weight 1,250,000 animal 2 22 capacity of pounds for weight 2 23 less than animals other capacity of 2 24 625,000 than bovine, 1,250,000 or 2 25 pounds for or 1,600,000 more pounds 2 26 animals other or more for animals 2 27 than bovine, pounds but other than 2 28 or less than less than bovine, or 2 29 1,600,000 4,000,000 4,000,000 or 2 30 pounds for pounds for more pounds 2 31 Type of structure bovine bovine for bovine 2 32 Uncovered formed 2 33 manure storage 2 34 structure 1,250 1,500 2,000 2 35 Covered formed 3 1 manure storage 3 2 structure 1,000 1,250 1,875 3 3 Confinement 3 4 building 1,000 1,250 1,875 3 5 Egg washwater 3 6 storage structure 750 1,000 1,500 3 7 b. The following table represents the minimum separation 3 8 distance in feet required between an authorized animal feeding 3 9 operation structure and a public use area or a residence not 3 10 owned by the owner of the animal feeding operation, a 3 11 commercial enterprise, a bona fide religious institution, or 3 12 an educational institution located within the corporate limits 3 13 of a city: 3 14 Minimum 3 15 separation 3 16 distance in 3 17 feet for 3 18 operations 3 19 Minimum having an 3 20 separation animal Minimum 3 21 distance in weight separation 3 22 feet for capacity of distance in 3 23 operations 625,000 or feet for 3 24 having an more pounds operations 3 25 animal but less than having an 3 26 weight 1,250,000 animal 3 27 capacity of pounds for weight 3 28 less than animals other capacity of 3 29 625,000 than bovine, 1,250,000 or 3 30 pounds for or 1,600,000 more pounds 3 31 animals other or more for animals 3 32 than bovine, pounds but other than 3 33 or less than less than bovine, or 3 34 1,600,000 4,000,000 4,000,000 or 3 35 pounds for pounds for more pounds 4 1 Type of structure bovine bovine for bovine 4 2 Authorized animal 4 3 feeding operation 4 4 structure 1,250 1,875 2,500 4 5 NEW SUBSECTION. 3B. An animal feeding operation structure 4 6 constructed prior to the effective date of this Act may be 4 7 expanded only if it is an authorized animal feeding operation 4 8 structure as provided in section 455B.163. 4 9 Sec. 5. Section 455B.163, unnumbered paragraph 1, Code 4 10 1999, is amended to read as follows: 4 11 An animal feeding operation constructed or expanded prior 4 12 to the date that a distance requirement became effective under 4 13 section 455B.162 and which does not comply with the section's 4 14 distance requirement may continue to operate regardless of the 4 15 distance requirement.TheAn animal feeding operation 4 16 structure shall not be expanded unless it complies with this 4 17 section. The animal feeding operation may only be expanded by 4 18 the construction or expansion of an authorized animal feeding 4 19 operation structure. In addition, the animal feeding 4 20 operation may be expanded only if any of the following 4 21 applies: 4 22 Sec. 6. Section 455B.171, Code 1999, is amended by adding 4 23 the following new subsection: 4 24 NEW SUBSECTION. 6A. "Authorized animal feeding operation 4 25 structure" means the same as defined in section 455B.161. 4 26 Sec. 7. Section 455B.200A, subsection 1, Code 1999, is 4 27 amended to read as follows: 4 28 1. The department shall issue permits for the 4 29 construction, including the expansion, of animal feeding 4 30 operation structures, including structures which are part of 4 31 confinement feeding operations, as provided by rules adopted 4 32 pursuant to section 455B.200. The department shall not issue 4 33 a permit for the construction of an animal feeding operation 4 34 structure unless it is an authorized animal feeding operation 4 35 structure. The department shall issue a permit to an animal 5 1 feeding operation if an application is submitted according to 5 2 procedures required by the department and the application 5 3 meets standards established by the department, regardless of 5 4 whether the animal feeding operation is required to obtain 5 5 such a permit. The department shall not require that a person 5 6 obtain a permit for the construction of an authorized animal 5 7 feeding operation structure if the structure is part of a 5 8 small animal feeding operation. For purposes of this section, 5 9 an animal feeding operation structure includes a manure 5 10 storage structure. 5 11 Sec. 8. NEW SECTION. 455B.207 CONSTRUCTION OR EXPANSION 5 12 AND USE OF UNFORMED MANURE STORAGE STRUCTURES PROHIBITED. 5 13 1. A person shall not construct or expand an unformed 5 14 manure storage structure on or after the effective date of 5 15 this Act. 5 16 2. A person shall not use an unformed manure storage 5 17 structure to store manure on or after July 1, 2004. 5 18 3. This section does not apply to a storage structure that 5 19 is part of a small animal feeding operation. 5 20 Sec. 9. Section 455J.1, Code 1999, is amended by adding 5 21 the following new subsections: 5 22 NEW SUBSECTION. 4A. "Designated agricultural drainage 5 23 well area" means the same as defined in section 455I.1. 5 24 NEW SUBSECTION. 10. "Unformed manure storage structure" 5 25 means the same as defined in section 455B.161. 5 26 Sec. 10. Section 455J.2, subsection 3, Code 1999, is 5 27 amended to read as follows: 5 28 3. a. The moneys collected under this section shall be 5 29 deposited in the fund and shall be appropriated to the 5 30 department for theexclusive purpose of providing moneys for5 31 following purposes: 5 32 (1) Supporting programs provided for in this chapter, 5 33 including all of the following: 5 34 (a) Providing cost-share moneys to persons for closing 5 35 unformed manure storage structures as provided in section 6 1 455J.4A. 6 2 (b) Providing for the cleanup of abandoned facilities as 6 3 provided in section 455J.5, and to pay. 6 4 (2) Reimbursing the department for costs related to 6 5 administering the provisions of this chapter. For each fiscal 6 6 year, the department shall not use more than one percent of 6 7 the total amount which is available in the fund or ten 6 8 thousand dollars, whichever is less, to pay for the costs of 6 9 administration. 6 10 b. Moneys in the fund shall not be subject to 6 11 appropriation or expenditure for any other purpose than 6 12 provided in this section. 6 13 Sec. 11. Section 455J.2, subsection 5, paragraph a, Code 6 14 1999, is amended to read as follows: 6 15 a. The first three million dollars deposited in the fund 6 16 shall be used to support the unformed manure storage structure 6 17 closure program as provided in section 455J.4A. The remaining 6 18 moneys in the fund shall be used to provide cleanup of 6 19 abandoned facilities as provided in section 455J.5. 6 20 On August 31 following the close of each fiscal year, 6 21 moneys in the fund which are not obligated or encumbered on 6 22 June 30 of the past fiscal year, not counting the department's 6 23 estimate of the cost to the fund for pending or unsettled 6 24 claims and any amount required to be credited to the general 6 25 fund of the state under this subsection, in excess ofthree6 26 six million dollars shall be deposited in the organic nutrient 6 27 management fund as created in section 161C.5 for purposes of 6 28 supporting the organic nutrient management program. 6 29 Sec. 12. NEW SECTION. 455J.4A UNFORMED MANURE STORAGE 6 30 STRUCTURE CLOSURE PROGRAM. 6 31 1. The department shall establish an unformed manure 6 32 storage structure closure program. To the extent that moneys 6 33 are available to support the program, the division shall 6 34 provide cost-share moneys to reimburse a person for costs 6 35 incurred by the person in closing an unformed manure storage 7 1 structure. 7 2 2. The closure must include all of the following: 7 3 a. Cleanup, including removing and disposing of manure 7 4 stored in the unformed manure storage structure and 7 5 remediating any contamination originating from the unformed 7 6 manure storage structure. 7 7 b. Converting the unformed manure storage structure to 7 8 another purpose approved by the department or filling in the 7 9 structure with soil or other materials in a manner that is 7 10 approved by the soil conservation division of the department 7 11 of agriculture and land stewardship. 7 12 3. The department shall award cost-share moneys first to 7 13 persons closing unformed manure storage structures located 7 14 within designated agricultural drainage well areas. The 7 15 amount of moneys allocated in cost-share payments to a person 7 16 eligible under the program shall not exceed fifty percent of 7 17 the estimated cost of closing the unformed manure storage 7 18 structure or fifty percent of the actual cost of closing the 7 19 unformed manure storage structure, whichever is less. 7 20 However, a person shall not receive more than five thousand 7 21 dollars in cost-share moneys from the fund. 7 22 4. In order to be eligible to participate in the program, 7 23 all of the following must apply: 7 24 a. The person must own an interest in land on which an 7 25 unformed manure storage structure is located. 7 26 b. The person must be eligible to file a family farm tax 7 27 credit for the property where the unformed manure storage 7 28 structure is located as provided in chapter 425A. 7 29 c. The person must apply to the department in a manner and 7 30 according to procedures required by the department. 7 31 5. A person shall not be eligible to participate in the 7 32 program if the person is any of the following: 7 33 a. A party to a pending legal or administrative action, 7 34 including a contested case proceeding under chapter 17A, 7 35 relating to an alleged violation involving an animal feeding 8 1 operation as regulated by the department of natural resources, 8 2 regardless of whether the pending action is brought by the 8 3 department or the attorney general. 8 4 b. Is classified as a habitual violator for a violation of 8 5 state law involving an animal feeding operation as regulated 8 6 by the department of natural resources. 8 7 Sec. 13. 8 8 1. a. Section 455J.1, subsections 4A and 10, as enacted 8 9 in this Act, are amended by striking the subsections. 8 10 b. Section 455J.2, subsection 3, paragraph a, subparagraph 8 11 (1), subparagraph subdivision (a), as enacted in this Act, is 8 12 amended by striking the subparagraph subdivision. 8 13 c. The Code editor is directed to return section 455J.2, 8 14 subsection 5, paragraph "a", to the language as it appeared in 8 15 the 1999 Code. 8 16 d. Section 455J.4A, as enacted in this Act, is repealed. 8 17 2. This section is effective July 1, 2004. 8 18 Sec. 14. EFFECTIVE DATE. This Act, being deemed of 8 19 immediate importance, takes effect upon enactment. 8 20 EXPLANATION 8 21 This bill amends provisions concerning unformed manure 8 22 storage structures related to animal feeding operations. 8 23 The bill amends provisions in Code chapter 455B which 8 24 regulate animal feeding operations and related structures. 8 25 Specifically, the bill prohibits a person from constructing or 8 26 expanding an unformed manure storage structure on or after the 8 27 effective date of the bill. An unformed manure storage 8 28 structure includes an anaerobic lagoon or earthen manure 8 29 storage basin. The bill prohibits a person from using an 8 30 unformed manure storage structure on or after July 1, 2004. 8 31 According to Code section 455B.191, a person who violates 8 32 Code section 455B.207, as enacted in the bill, is subject to a 8 33 civil penalty of $5,000. 8 34 The bill amends Code chapter 455J, which establishes a 8 35 manure storage indemnity fund administered by the department. 9 1 Under current law, the moneys in the fund must be used to 9 2 provide for cleanup of abandoned facilities. Unobligated and 9 3 unexpended moneys in the fund in excess of $3 million must be 9 4 deposited into the organic nutrient management fund created in 9 5 Code section 161C.5 for purposes of supporting the organic 9 6 nutrient management program. This bill provides that the 9 7 first $3 million must be used to support a program to close 9 8 unformed manure storage structures. The bill provides that 9 9 moneys in excess of $6 million must be deposited in the 9 10 organic nutrient management fund. 9 11 The provisions providing for the program sunset on July 1, 9 12 2004. 9 13 The bill takes effect upon enactment. 9 14 LSB 2161XS 78 9 15 da/gg/8.3
Text: SF00321 Text: SF00323 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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