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PAG LIN 1 1 Section 1. Section 455B.161, Code 2001, 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 2001, 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 2001, 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 2001, 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 2001, 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 2001, 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 2001, 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 OF UNFORMED MANURE STORAGE STRUCTURES PROHIBITED. 5 13 A person shall not construct or expand an unformed manure 5 14 storage structure on or after the effective date of this Act. 5 15 Sec. 9. EFFECTIVE DATE. This Act, being deemed of 5 16 immediate importance, takes effect upon enactment. 5 17 EXPLANATION 5 18 This bill amends provisions concerning unformed manure 5 19 storage structures related to animal feeding operations. 5 20 The bill amends provisions in Code chapter 455B which 5 21 regulate animal feeding operations and related structures. 5 22 Specifically, the bill creates a new Code section 455B.207, 5 23 which prohibits a person from constructing or expanding an 5 24 unformed manure storage structure on or after the effective 5 25 date of the bill. An unformed manure storage structure 5 26 includes an anaerobic lagoon or earthen manure storage basin. 5 27 The bill makes corresponding changes in sections requiring 5 28 separation distances between objects or locations and animal 5 29 feeding operation structures. 5 30 According to Code section 455B.191, a person who violates 5 31 Code section 455B.207, as enacted in the bill, is subject to a 5 32 civil penalty of $5,000. 5 33 The bill takes effect upon enactment. 5 34 LSB 1441SS 79 5 35 da/gg/8
Text: SF00088 Text: SF00090 Text: SF00000 - SF00099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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