Text: S03132                            Text: S03134
Text: S03100 - S03199                   Text: S Index
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Senate Amendment 3133

Amendment Text

PAG LIN
  1  1    Amend Senate File 392 as follows:
  1  2    #1.  By striking everything after the enacting
  1  3 clause and inserting the following:
  1  4    "Section 1.  Section 459.307, unnumbered paragraph
  1  5 1, Code 2003, is amended to read as follows:
  1  6    The department shall adopt rules establishing
  1  7 construction design standards for formed manure
  1  8 storage structures that are part of confinement
  1  9 feeding operations other than small animal feeding
  1 10 operations.  However, the construction design
  1 11 standards shall apply to a formed manure storage
  1 12 structure that is part of a small animal feeding
  1 13 operation as provided in section 459.310.
  1 14    Sec. 2.  Section 459.308, subsection 3, Code 2003,
  1 15 is amended to read as follows:
  1 16    3.  A person shall not construct an unformed manure
  1 17 storage structure on karst terrain or on an area that
  1 18 drains into a known sinkhole.  However, a person may
  1 19 construct an unformed manure storage structure, if
  1 20 there is a twenty-five foot vertical separation
  1 21 distance between the bottom of the unformed manure
  1 22 storage structure and underlying limestone, dolomite,
  1 23 or other soluble rock.
  1 24    Sec. 3.  Section 459.310, subsection 1, unnumbered
  1 25 paragraph 1, Code 2003, is amended to read as follows:
  1 26    Except as provided in subsection subsections 3 and
  1 27 3A, the following shall apply:
  1 28    Sec. 4.  Section 459.310, subsection 2, Code 2003,
  1 29 is amended to read as follows:
  1 30    2.  A Except as provided in subsection 3A, a
  1 31 confinement feeding operation structure shall not be
  1 32 constructed on land that is part of a one hundred year
  1 33 floodplain as designated by rules adopted by the
  1 34 department pursuant to section 459.301.
  1 35    Sec. 5.  Section 459.310, Code 2003, is amended by
  1 36 adding the following new subsection:
  1 37    NEW SUBSECTION.  3A.  A separation distance
  1 38 required in subsection 1 or the prohibition against
  1 39 construction of a confinement feeding operation
  1 40 structure on a one hundred year floodplain as provided
  1 41 in subsection 2 shall not apply to a confinement
  1 42 feeding operation that includes a confinement feeding
  1 43 operation structure that was constructed prior to
  1 44 March 1, 2003, if any of the following apply:
  1 45    a.  One or more unformed manure storage structures
  1 46 that is part of the confinement feeding operation is
  1 47 replaced with one or more formed manure storage
  1 48 structures on or after the effective date of this Act,
  1 49 and all of the following apply:
  1 50    (1)  The animal weight capacity or animal unit
  2  1 capacity, whichever is applicable, is not increased
  2  2 for that portion of the confinement feeding operation
  2  3 that utilizes all replacement formed manure storage
  2  4 structures.
  2  5    (2)  The use of each replaced unformed manure
  2  6 storage structure is discontinued within one year
  2  7 after the construction of the replacement formed
  2  8 manure storage structure.
  2  9    (3)  The capacity of all replacement formed manure
  2 10 storage structures does not exceed the amount required
  2 11 to store manure produced by that portion of the
  2 12 confinement feeding operation utilizing the formed
  2 13 manure storage structures during any fourteen-month
  2 14 period.
  2 15    (4)  No portion of the replacement formed manure
  2 16 storage structure is closer to the location or object
  2 17 from which separation is required under subsection 1
  2 18 than any other confinement feeding operation structure
  2 19 which is part of the operation.
  2 20    (5)  The formed manure storage structure meets or
  2 21 exceeds the requirements of section 459.307.
  2 22    b.  A formed manure storage structure that is part
  2 23 of the confinement feeding operation is constructed on
  2 24 or after the effective date of this Act pursuant to a
  2 25 variance granted by the department.  In granting the
  2 26 variance, the department shall make a finding of all
  2 27 of the following:
  2 28    (1)  The replacement formed manure storage
  2 29 structure complies with standards adopted pursuant to
  2 30 section 459.307.
  2 31    (2)  The replacement formed manure storage
  2 32 structure more likely than not provides a higher
  2 33 degree of environmental protection than the
  2 34 confinement feeding operation's existing manure
  2 35 storage and handling facilities.
  2 36    If the formed manure storage structure will replace
  2 37 any existing manure storage structure, the department
  2 38 shall, as a condition of granting the variance,
  2 39 require that the replaced manure storage structure be
  2 40 properly closed.
  2 41    Sec. 6.  EFFECTIVE DATE.  This Act, being deemed of
  2 42 immediate importance, takes effect upon enactment."
  2 43    #2.  Title page, line 1, by striking the word
  2 44 "and".
  2 45    #3.  Title page, line 2, by inserting after the
  2 46 word "penalties" the following:  ", and providing an
  2 47 effective date".  
  2 48 
  2 49 
  2 50                               
  3  1 MARK ZIEMAN 
  3  2 SF 392.304 80
  3  3 da/cf

Text: S03132                            Text: S03134
Text: S03100 - S03199                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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