Text: SSB01249 Text: SSB01251 Text: SSB01200 - SSB01299 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 455B.162, subsection 3, unnumbered 1 2 paragraph 1, Code 2001, is amended to read as follows: 1 3 Except as provided insubsectionsubsections 6 and 7, and 1 4 sections 455B.163 and 455B.165, this subsection applies to 1 5 animal feeding operation structures constructed on or after 1 6 May 31, 1995; to the expansion of structures constructed on or 1 7 after May 31, 1995; and to the expansion of structures 1 8 constructed prior to May 31, 1995. The following table 1 9 represents the minimum separation distance in feet required 1 10 between animal feeding operation structures and a public use 1 11 area or a residence not owned by the owner of the animal 1 12 feeding operation, a commercial enterprise, a bona fide 1 13 religious institution, or an educational institution located 1 14 within the corporate limits of a city: 1 15 Sec. 2. Section 455B.162, Code 2001, is amended by adding 1 16 the following new subsection: 1 17 NEW SUBSECTION. 7. The department may provide for 1 18 increased separation distance requirements between an animal 1 19 feeding operation structure and a protected area in the same 1 20 manner as provided in section 455B.204B. 1 21 Sec. 3. Section 455B.204, Code 2001, is amended by adding 1 22 the following new subsection: 1 23 NEW SUBSECTION. 3A. The department may provide for 1 24 increased separation distance requirements between an animal 1 25 feeding operation structure and a protected area in the same 1 26 manner as provided in section 455B.204B. 1 27 Sec. 4. NEW SECTION. 455B.204B INCREASED SEPARATION 1 28 DISTANCE REQUIREMENTS. 1 29 1. As used in this section, "protected area" means a park 1 30 or preserve that is owned or managed by the department, a 1 31 protected water area as defined in section 462B.1, waters of 1 32 the state that are a habitat for threatened or endangered 1 33 species, sources of water designated by the department as 1 34 high-quality waters or high-quality resource waters that are 1 35 distinguished for exceptional water clarity, or any river that 2 1 the department designates as part of a nationwide river 2 2 inventory. 2 3 2. The department may establish an increased distance 2 4 requirement to separate a protected area and any animal 2 5 feeding operation structure to be constructed, if the owner of 2 6 the animal feeding operation structure must obtain a 2 7 construction permit for the structure pursuant to section 2 8 455B.200A or after construction is required to submit a manure 2 9 management plan pursuant to section 455B.203 for the animal 2 10 feeding operation. The amount of the separation distance 2 11 shall be based on a determination that an increase is 2 12 necessary in order to preserve the protected area. The 2 13 increased separation distance requirement shall apply 2 14 notwithstanding a separation distance requirement otherwise 2 15 required in this chapter. 2 16 EXPLANATION 2 17 Code chapter 455B regulates animal feeding operations and 2 18 related structures, including by providing for minimum 2 19 separation distances for structures that are constructed near 2 20 a number of locations, including public use areas and sources 2 21 of water. 2 22 This bill provides that the department may establish an 2 23 increased distance requirement to separate a protected area 2 24 and any animal feeding operation structure to be constructed, 2 25 if the owner of the animal feeding operation structure must 2 26 obtain a construction permit for the structure or after 2 27 construction is required to submit a manure management plan 2 28 for the animal feeding operation. The bill provides that the 2 29 amount of the separation distance shall be based on a 2 30 determination that an increase is necessary in order to 2 31 preserve the protected area. 2 32 The bill defines a "protected area" as a state park or 2 33 preserve that is owned or managed by the department of natural 2 34 resources, a protected water area, waters of the state that 2 35 are a habitat for threatened or endangered species, sources of 3 1 water designated by the department as high-quality waters or 3 2 high-quality resource waters, or any river that the department 3 3 designates as part of a nationwide river inventory. 3 4 Generally, a person who violates a provision regulating 3 5 animal feeding operations is subject to a civil penalty. 3 6 According to Code section 455B.109, a person violating an air 3 7 quality provision is subject to a civil penalty of up to 3 8 $10,000, and according to Code section 455B.191, a person 3 9 violating a water quality provision is subject to a civil 3 10 penalty of up to $5,000. 3 11 LSB 3413SC 79 3 12 da/pj/5
Text: SSB01249 Text: SSB01251 Text: SSB01200 - SSB01299 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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