HF 913

3rd Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to agriculture; requiring notice of certain 
  1.3             applications for animal feedlot and residential 
  1.4             development permits; requiring monitoring of livestock 
  1.5             odor; amending Minnesota Statutes 1996, section 
  1.6             116.07, by adding a subdivision; proposing coding for 
  1.7             new law in Minnesota Statutes, chapters 116; and 394; 
  1.8             repealing Minnesota Rules, part 7009.0060. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 1996, section 116.07, is 
  1.11  amended by adding a subdivision to read: 
  1.12     Subd. 7a.  [NOTICE OF APPLICATION FOR ANIMAL FEEDLOT 
  1.13  PERMITS.] A complete animal feedlot permit application for a new 
  1.14  or expanding animal feedlot, which is for an increase of 500 
  1.15  animal units or more, must include documentation to verify that 
  1.16  the applicant has notified each owner of real property within 
  1.17  three miles of the proposed animal feedlot.  The notification 
  1.18  must specify the proposed size, location, and owner or manager 
  1.19  of the animal feedlot. 
  1.20     Sec. 2.  [116.072] [LIVESTOCK ODOR.] 
  1.21     The pollution control agency must monitor and identify: 
  1.22     (1) potential livestock facility violations of the state 
  1.23  ambient air quality standards for hydrogen sulfide, using a 
  1.24  protocol for responding to citizen complaints regarding feedlot 
  1.25  odor and its hydrogen sulfide component; and 
  1.26     (2) total sulfur gases and corresponding hydrogen sulfide 
  1.27  levels using monitoring equipment that follows plumes and: 
  2.1      (i) ensures that livestock production facilities exceeding 
  2.2   ambient hydrogen sulfide standards implement changes that result 
  2.3   in compliance within 60 days of the determination that the 
  2.4   operator is in violation of the standards, and includes monetary 
  2.5   penalties and increased penalties for repeat violations; and 
  2.6      (ii) recovers the costs of the total reduced sulfur and 
  2.7   hydrogen sulfide inspection and monitoring program from 
  2.8   livestock production facilities that are determined to be in 
  2.9   violation of state ambient air quality standards. 
  2.10     Sec. 3.  [394.305] [NOTICE OF RESIDENTIAL DEVELOPMENT OF 
  2.11  AGRICULTURAL LAND.] 
  2.12     If a county that has a comprehensive land use or zoning 
  2.13  plan receives an application for a permit for a residential 
  2.14  development of 12 or more units on land that has been used for 
  2.15  agricultural purposes, the county board shall notify each owner 
  2.16  of real property within three miles of the proposed residential 
  2.17  development.  The notice must specify the proposed size, 
  2.18  location, and owner or developer of the residential development 
  2.19  and must be made within 21 days of receipt of the application. 
  2.20     Sec. 4.  [REPEALER.] 
  2.21     Minnesota Rules, part 7009.0060, is repealed.