Text: SF02261 Text: SF02263 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. NEW SECTION. 459.305A OPEN FEEDLOTS PERMIT 1 2 REQUIREMENTS. 1 3 The department shall approve or disapprove applications for 1 4 the issuance of permits for constructing structures relating 1 5 to open feedlots or operating open feedlots as provided in 1 6 this section. Except as provided in this section, the 1 7 department shall either approve or disapprove an application 1 8 for a permit within sixty days from the date a person files an 1 9 application with the department for such permit. 1 10 1. If the department determines that an application is 1 11 incorrect or incomplete, it shall deliver a single written 1 12 notice to the person within ten days after the date the person 1 13 files the application. 1 14 a. The notice shall contain a request for all additional 1 15 information required by the department in order to approve or 1 16 disapprove the application. 1 17 b. The department shall approve or disapprove the 1 18 application based exclusively upon the information contained 1 19 in the application, the additional information submitted by 1 20 the person in response to the request, and any additional 1 21 information the person submits to the department. 1 22 c. If the person submits information in response to the 1 23 departmental request fifty-one days or later from the date the 1 24 person filed the application, the department shall approve or 1 25 disapprove the application within ten days after the date the 1 26 person filed the additional information with the department. 1 27 d. If the department disapproves an application because it 1 28 determines that it is incorrect or incomplete, the department 1 29 must prove that fact by clear and convincing evidence during 1 30 any contested case or judicial proceeding in which the 1 31 disapproval is an issue. 1 32 2. Nothing in this section precludes the person from 1 33 voluntarily extending the period within which the department 1 34 may consider the person's application for approval or 1 35 disapproval. 2 1 Sec. 2. Section 459.309, Code Supplement 2003, is amended 2 2 to read as follows: 2 3 459.309 SETTLED OPEN FEEDLOT EFFLUENT BASINS2 4CONSTRUCTION DESIGN STANDARDS. 2 5 1. If the department requires that a settled open feedlot 2 6 effluent basin be constructed according to construction design 2 7 standards, regardless of whether the department requires the 2 8 owner to be issued a construction permit under section 2 9 459.103, any construction design standards for the basin shall 2 10 be established by rule as provided in chapter 17A that 2 11 exclusively account for special design characteristics of open 2 12 feedlots and related basins, including but not limited to the 2 13 dilute composition of settled open feedlot effluent as 2 14 collected and stored in the basins. 2 15 2. The department shall approve applications and issue 2 16 permits for the construction or installation of structures 2 17 which are an alternative to settled open feedlot effluent 2 18 basins as provided in the national pollutant discharge 2 19 elimination system permit program pursuant to the federal 2 20 Water Pollution Control Act, 33 U.S.C. chapter 126, and 40 2 21 C.F.R. pt. 124. 2 22 Sec. 3. EFFECTIVE DATE. This Act, being deemed of 2 23 immediate importance, takes effect upon enactment. 2 24 EXPLANATION 2 25 This bill amends Code section 459.309, which is part of the 2 26 animal agriculture compliance Act regulating animal feeding 2 27 operations, including confinement feeding operations and open 2 28 feedlots by the department of natural resources. Under 2 29 administrative rules, open feedlots are subject to both 2 30 construction and operating permits (567 IAC chapter 65). 2 31 The bill establishes deadlines for the department to 2 32 approve or disapprove an application for a permit to construct 2 33 a structure relating to an open feedlot or operate an open 2 34 feedlot. Generally, the bill requires the department to make 2 35 a determination within 60 days from the date a person files an 3 1 application with the department. There are two exceptions. 3 2 The first exception applies if the department determines 3 3 that the application is incorrect or incomplete. In that 3 4 case, the department is required to deliver a written notice 3 5 to the person submitting the application within 10 days after 3 6 the date the person files the application. The notice must 3 7 specify all requests for additional information required to 3 8 process the application. If the person submits information 51 3 9 days or later from the date the person filed the application, 3 10 the department has 10 additional days from the date it 3 11 receives the information to make its determination. The 3 12 department also has a higher burden of proof in establishing 3 13 that the application was incorrect or incomplete if it 3 14 disapproves an application on that basis. 3 15 The second exception applies when the person submitting the 3 16 application voluntarily extends the period during which the 3 17 department may consider an application for approval or 3 18 disapproval. 3 19 One structure subject to a permit is a settled open feedlot 3 20 effluent basin, which is an impoundment that collects and 3 21 stores settled open feedlot effluent (a combination of manure 3 22 and precipitation-induced runoff, or other runoff originating 3 23 from an open feedlot after its settleable solids have been 3 24 removed). 3 25 The bill provides that the department shall approve 3 26 applications and issue permits for alternative systems under 3 27 authority of the national pollutant discharge elimination 3 28 system permit program as delegated to the department by the 3 29 United States environmental protection agency. 3 30 The bill takes effect upon enactment. 3 31 LSB 6522SV 80 3 32 da/sh/8
Text: SF02261 Text: SF02263 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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