HF 1235

2nd Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to agriculture; exempting livestock 
  1.3             production facilities from the ambient hydrogen 
  1.4             sulfide standards on days manure is being removed from 
  1.5             barns or manure storage facilities; amending Minnesota 
  1.6             Statutes 1998, section 116.0713. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1998, section 116.0713, is 
  1.9   amended to read: 
  1.10     116.0713 [LIVESTOCK ODOR.] 
  1.11     (a) The pollution control agency must: 
  1.12     (1) monitor and identify potential livestock facility 
  1.13  violations of the state ambient air quality standards for 
  1.14  hydrogen sulfide, using a protocol for responding to citizen 
  1.15  complaints regarding feedlot odor and its hydrogen sulfide 
  1.16  component, including the appropriate use of portable monitoring 
  1.17  equipment that enables monitoring staff to follow plumes; 
  1.18     (2) when livestock production facilities are found to be in 
  1.19  violation of ambient hydrogen sulfide standards, take 
  1.20  appropriate actions necessary to ensure compliance, utilizing 
  1.21  appropriate technical assistance and enforcement and penalty 
  1.22  authorities provided to the agency by statute and rule. 
  1.23     (b) Livestock production facilities are exempt from ambient 
  1.24  hydrogen sulfide standards while manure is being removed and 
  1.25  seven days after the manure is removed from barns or waste 
  1.26  storage facilities.  The annual maximum number of exempt days 
  2.1   for a livestock production facility under this paragraph is 14. 
  2.2      (c) The operator of a livestock production facility that 
  2.3   claims exemption from ambient hydrogen sulfide standards under 
  2.4   paragraph (b) must, not later than five days prior to the start 
  2.5   of manure agitation or removal operations, notify the residents 
  2.6   of all residential units located within 5,000 feet of the 
  2.7   production facility or application area and the Minnesota 
  2.8   pollution control agency or the feedlot officer delegated under 
  2.9   section 116.07.