1.1                          A bill for an act 
  1.2             relating to agriculture; amending feedlot permit 
  1.3             provisions; restricting the construction of open-air 
  1.4             swine waste lagoons; providing specific requirements 
  1.5             for feedlot permit rules; extending administrative 
  1.6             penalty authority for counties; allowing alternative 
  1.7             uses for feedlot administrative penalty orders; 
  1.8             amending Minnesota Statutes 1998, sections 116.06, by 
  1.9             adding a subdivision; 116.07, subdivision 7c; 
  1.10            116.0713; and 116.072, subdivision 1; Minnesota 
  1.11            Statutes 1999 Supplement, sections 116.07, subdivision 
  1.12            7; and 116.072, subdivision 13; proposing coding for 
  1.13            new law in Minnesota Statutes, chapters 18C; and 116. 
  1.14  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.15     Section 1.  [18C.432] [MANURE APPLICATOR EDUCATION AND 
  1.16  TRAINING.] 
  1.17     Subdivision 1.  [EDUCATION AND TRAINING.] (a) The 
  1.18  commissioner shall develop, in conjunction with the University 
  1.19  of Minnesota extension service, innovative educational and 
  1.20  training programs addressing manure applicator concerns, 
  1.21  including water quality protection and the development of manure 
  1.22  management plans. 
  1.23     (b) The commissioner shall appoint educational planning 
  1.24  committees which must include representatives of industry. 
  1.25     (c) Specific current regulatory concerns must be discussed 
  1.26  and, if appropriate, incorporated into each training session. 
  1.27     (d) The commissioner may approve programs from private 
  1.28  industry and nonprofit organizations that meet minimum 
  1.29  requirements for education, training, and certification. 
  2.1      Subd. 2.  [TRAINING MANUAL AND EXAMINATION 
  2.2   DEVELOPMENT.] The commissioner, in conjunction with the 
  2.3   University of Minnesota extension service, shall continually 
  2.4   revise and update manure applicator training manuals and 
  2.5   examinations.  Questions in the examinations must be determined 
  2.6   by the commissioner.  Manuals and examinations must include 
  2.7   manure management practices that discuss prevention of manure 
  2.8   occurrence in waters of the state. 
  2.9      Sec. 2.  [18C.433] [PRIVATE MANURE APPLICATOR 
  2.10  CERTIFICATION.] 
  2.11     Subdivision 1.  [REQUIREMENT.] Beginning January 1, 2004, 
  2.12  except for a commercial animal waste technician, only a 
  2.13  certified private manure applicator may apply animal waste from 
  2.14  a feedlot that is registered under rules of the pollution 
  2.15  control agency to produce an agricultural commodity. 
  2.16     Subd. 2.  [CERTIFICATION.] (a) The commissioner shall 
  2.17  prescribe certification requirements and provide training.  The 
  2.18  training may be done in cooperation with other government 
  2.19  agencies and must be at least three hours long. 
  2.20     (b) A person must apply to the commissioner for 
  2.21  certification as a private manure applicator.  The certification 
  2.22  expires March 1 of the third calendar year after the initial 
  2.23  year of certification. 
  2.24     (c) The commissioner shall issue a private manure 
  2.25  applicator card to a certified private manure applicator. 
  2.26     Subd. 3.  [FEES.] (a) A person applying to be certified as 
  2.27  a private manure applicator must pay a nonrefundable $10 
  2.28  application fee. 
  2.29     (b) A $5 fee must be paid for the issuance of a duplicate 
  2.30  private manure applicator card. 
  2.31     Sec. 3.  Minnesota Statutes 1998, section 116.06, is 
  2.32  amended by adding a subdivision to read: 
  2.33     Subd. 4a.  [ANIMAL UNIT.] "Animal unit" means a unit of 
  2.34  measure used to compare differences in the production of animal 
  2.35  manure that employs as a standard the amount of manure produced 
  2.36  on a regular basis by a slaughter steer or heifer for an animal 
  3.1   feedlot or manure storage area calculated by multiplying the 
  3.2   number of animals of each type in clauses (1) to (9) by the 
  3.3   respective multiplication factor and summing the resulting 
  3.4   values for the total number of animal units.  For purposes of 
  3.5   this chapter, the following multiplication factors apply: 
  3.6      (1) one mature dairy cow, whether milked or dry: 
  3.7      (i) over 1,000 pounds, 1.4 animal units; or 
  3.8      (ii) under 1,000 pounds, 1.0 animal unit; 
  3.9      (2) one cow and calf pair, 1.2 units; 
  3.10     (3) one calf, 0.2 unit; 
  3.11     (4) one slaughter steer, 1.0 animal unit; 
  3.12     (5) head of feeder cattle or heifer, 0.7 unit; 
  3.13     (6) one head of swine: 
  3.14     (i) over 300 pounds, 0.4 animal unit; 
  3.15     (ii) between 55 pounds and 300 pounds, 0.3 animal unit; and 
  3.16     (iii) under 55 pounds, 0.05 animal unit; 
  3.17     (7) one horse, 1.0 animal unit; 
  3.18     (8) one sheep or lamb, 0.1 animal unit; 
  3.19     (9) one chicken: 
  3.20     (i) one laying hen or broiler, if the facility has a liquid 
  3.21  manure system, 0.033 animal unit; or 
  3.22     (ii) one chicken if the facility has a dry manure system: 
  3.23     (A) over five pounds, 0.005 animal unit; or 
  3.24     (B) under five pounds, 0.003 animal unit; 
  3.25     (10) one turkey: 
  3.26     (i) over five pounds, 0.018 animal unit; or 
  3.27     (ii) under five pounds, 0.005 animal unit; 
  3.28     (11) one duck, 0.01 animal unit; and 
  3.29     (12) for animals not listed in clauses (1) to (8), the 
  3.30  number of animal units is the average weight of the animal in 
  3.31  pounds divided by 1,000 pounds. 
  3.32     Sec. 4.  Minnesota Statutes 1999 Supplement, section 
  3.33  116.07, subdivision 7, is amended to read: 
  3.34     Subd. 7.  [COUNTIES; PROCESSING OF APPLICATIONS FOR ANIMAL 
  3.35  LOT PERMITS.] Any Minnesota county board may, by resolution, 
  3.36  with approval of the pollution control agency, assume 
  4.1   responsibility for processing applications for permits required 
  4.2   by the pollution control agency under this section for livestock 
  4.3   feedlots, poultry lots or other animal lots.  The responsibility 
  4.4   for permit application processing, if assumed by a county, may 
  4.5   be delegated by the county board to any appropriate county 
  4.6   officer or employee.  
  4.7      (a) For the purposes of this subdivision, the term 
  4.8   "processing" includes: 
  4.9      (1) the distribution to applicants of forms provided by the 
  4.10  pollution control agency; 
  4.11     (2) the receipt and examination of completed application 
  4.12  forms, and the certification, in writing, to the pollution 
  4.13  control agency either that the animal lot facility for which a 
  4.14  permit is sought by an applicant will comply with applicable 
  4.15  rules and standards, or, if the facility will not comply, the 
  4.16  respects in which a variance would be required for the issuance 
  4.17  of a permit; and 
  4.18     (3) rendering to applicants, upon request, assistance 
  4.19  necessary for the proper completion of an application. 
  4.20     (b) For the purposes of this subdivision, the term 
  4.21  "processing" may include, at the option of the county board, 
  4.22  issuing, denying, modifying, imposing conditions upon, or 
  4.23  revoking permits pursuant to the provisions of this section or 
  4.24  rules promulgated pursuant to it, subject to review, suspension, 
  4.25  and reversal by the pollution control agency.  The pollution 
  4.26  control agency shall, after written notification, have 15 days 
  4.27  to review, suspend, modify, or reverse the issuance of the 
  4.28  permit.  After this period, the action of the county board is 
  4.29  final, subject to appeal as provided in chapter 14.  For permit 
  4.30  applications filed after October 1, 2001, section 15.99 applies 
  4.31  to feedlot permits issued by the agency or a county pursuant to 
  4.32  this subdivision. 
  4.33     (c) For the purpose of administration of rules adopted 
  4.34  under this subdivision, the commissioner and the agency may 
  4.35  provide exceptions for cases where the owner of a feedlot has 
  4.36  specific written plans to close the feedlot within five years.  
  5.1   These exceptions include waiving requirements for major capital 
  5.2   improvements. 
  5.3      (d) For purposes of this subdivision, a discharge caused by 
  5.4   an extraordinary natural event such as a precipitation event of 
  5.5   greater magnitude than the 25-year, 24-hour event, tornado, or 
  5.6   flood in excess of the 100-year flood is not a "direct discharge 
  5.7   of pollutants." 
  5.8      (e) In adopting and enforcing rules under this subdivision, 
  5.9   the commissioner shall cooperate closely with other governmental 
  5.10  agencies. 
  5.11     (f) The pollution control agency shall work with the 
  5.12  Minnesota extension service, the department of agriculture, the 
  5.13  board of water and soil resources, producer groups, local units 
  5.14  of government, as well as with appropriate federal agencies such 
  5.15  as the Natural Resources Conservation Service and the Farm 
  5.16  Service Agency, to notify and educate producers of rules under 
  5.17  this subdivision at the time the rules are being developed and 
  5.18  adopted and at least every two years thereafter. 
  5.19     (g) The pollution control agency shall adopt rules 
  5.20  governing the issuance and denial of permits for livestock 
  5.21  feedlots, poultry lots or other animal lots pursuant to this 
  5.22  section.  A feedlot permit is not required for livestock 
  5.23  feedlots with more than ten but less than 50 animal units; 
  5.24  provided they are not in shoreland areas.  These rules apply 
  5.25  both to permits issued by counties and to permits issued by the 
  5.26  pollution control agency directly.  
  5.27     (h) The pollution control agency shall exercise supervising 
  5.28  authority with respect to the processing of animal lot permit 
  5.29  applications by a county. 
  5.30     (i) Any new rules or amendments to existing rules proposed 
  5.31  under the authority granted in this subdivision, or to implement 
  5.32  new fees on animal feedlots, must be submitted to the members of 
  5.33  legislative policy and finance committees with jurisdiction over 
  5.34  agriculture and the environment prior to final adoption.  The 
  5.35  rules must not become effective until 90 days after the proposed 
  5.36  rules are submitted to the members.  
  6.1      (j) Until new rules are adopted that provide for plans for 
  6.2   manure storage structures, any plans for a liquid manure storage 
  6.3   structure must be prepared or approved by a registered 
  6.4   professional engineer or a United States Department of 
  6.5   Agriculture, Natural Resources Conservation Service employee. 
  6.6      (k) A county may adopt by ordinance standards for animal 
  6.7   feedlots that are more stringent than standards in pollution 
  6.8   control agency rules. 
  6.9      (l) After January 1, 2001, a county that has not accepted 
  6.10  delegation of the feedlot permit program must hold a public 
  6.11  meeting prior to the agency issuing a feedlot permit for a 
  6.12  feedlot facility with 300 or more animal units, unless another 
  6.13  public meeting has been held with regard to the feedlot facility 
  6.14  to be permitted. 
  6.15     (m) After the proposed rules published in the State 
  6.16  Register, volume 24, number 25, are finally adopted, the agency 
  6.17  may not impose additional conditions as a part of a feedlot 
  6.18  permit, unless specifically required by law or agreed to by the 
  6.19  feedlot operator. 
  6.20     (n) For the purposes of feedlot permitting, a discharge 
  6.21  from land-applied manure or a manure stockpile that is managed 
  6.22  according to agency rule must not be considered a discharge 
  6.23  violation.  
  6.24     (o) For the purposes of feedlot permitting, manure that is 
  6.25  land applied, or a manure stockpile that is managed according to 
  6.26  agency rule, must not be considered a discharge into waters of 
  6.27  the state, unless the discharge is to waters of the state, as 
  6.28  defined by section 103G.005, subdivision 17, except type 1 or 
  6.29  type 2 wetlands, as defined in section 103G.005, subdivision 
  6.30  17b, and does not meet discharge standards established for 
  6.31  feedlots under agency rule. 
  6.32     (p) Unless the upgrade is needed to correct an immediate 
  6.33  public health threat under section 145A.04, subdivision 8, the 
  6.34  agency may not require a feedlot operator: 
  6.35     (1) to spend more than $3,000 to upgrade an existing 
  6.36  feedlot with less than 300 animal units unless cost-share money 
  7.1   is available to the feedlot operator for 75 percent of the cost 
  7.2   of the upgrade; or 
  7.3      (2) to spend more than $10,000 to upgrade an existing 
  7.4   feedlot with between 300 and 500 animal units, unless cost-share 
  7.5   money is available to the feedlot operator for 75 percent of the 
  7.6   cost of the upgrade or $50,000, whichever is less. 
  7.7      Sec. 5.  Minnesota Statutes 1998, section 116.07, 
  7.8   subdivision 7c, is amended to read: 
  7.9      Subd. 7c.  [NPDES PERMITTING REQUIREMENTS.] (a) The agency 
  7.10  must issue National Pollutant Discharge Elimination System 
  7.11  permits for feedlots with 1,000 animal units or more and that 
  7.12  meet the definition of a "concentrated animal feeding operation" 
  7.13  in Code of Federal Regulations, title 40, section 122.23, based 
  7.14  on the following schedule: 
  7.15     (1) for applications received after April 22, 1998, a 
  7.16  permit for a newly constructed or expanded animal feedlot with 
  7.17  2,000 or more animal units must be issued as an individual 
  7.18  permit; 
  7.19     (2) for applications received after January 1, 1999, a 
  7.20  permit for a newly constructed or expanded animal feedlot with 
  7.21  between 1,000 and 2,000 animal units that is identified as a 
  7.22  priority by the commissioner, using criteria established under 
  7.23  paragraph (e) (d), must be issued as an individual permit; and 
  7.24     (3) (2) after January 1, 2001, all an existing feedlots 
  7.25  with 1,000 or more animal units feedlot that is identified as a 
  7.26  priority by the commissioner, using criteria established under 
  7.27  paragraph (e) must be issued as an individual or general 
  7.28  National Pollutant Discharge Elimination System permit.; and 
  7.29     (b) By October 1, 1999, (3) the agency must issue a general 
  7.30  National Pollutant Discharge Elimination System permit for 
  7.31  animal feedlots with between 1,000 and 2,000 animal units that 
  7.32  are not identified under paragraph (a), clause (1) or (2). 
  7.33     (c) (b) Prior to the issuance of a general National 
  7.34  Pollutant Discharge Elimination System permit for a category of 
  7.35  animal feedlot facility permittees, the agency must hold at 
  7.36  least one public hearing on the permit issuance. 
  8.1      (d) (c) To the extent practicable, the agency must include 
  8.2   a public notice and comment period for an individual National 
  8.3   Pollutant Discharge Elimination System permit concurrent with 
  8.4   any public notice and comment for: 
  8.5      (1) the purpose of environmental review of the same 
  8.6   facility under chapter 116D; or 
  8.7      (2) the purpose of obtaining a conditional use permit from 
  8.8   a local unit of government where the local government unit is 
  8.9   the responsible governmental unit for purposes of environmental 
  8.10  review under chapter 116D. 
  8.11     (e) By January 1, 1999, (d) The commissioner, in 
  8.12  consultation with the feedlot and manure management advisory 
  8.13  committee, created under section 17.136, and other interested 
  8.14  parties must develop criteria for determining whether an 
  8.15  individual National Pollutant Discharge Elimination System 
  8.16  permit is required under paragraph (a), clause (2), for an 
  8.17  animal feedlot with between 1,000 and 2,000 animal units (1).  
  8.18  The criteria must be based on proximity to waters of the state, 
  8.19  facility design, and other site-specific environmental factors. 
  8.20     (f) By January 1, 2000, (e) The commissioner, in 
  8.21  consultation with the feedlot and manure management advisory 
  8.22  committee, created under section 17.136, and other interested 
  8.23  parties must develop criteria for determining whether an 
  8.24  individual National Pollutant Discharge Elimination System 
  8.25  permit is required for an existing animal feedlot, under 
  8.26  paragraph (a), clause (3) (2).  The criteria must be based on 
  8.27  violations and other compliance problems at the facility. 
  8.28     (f) The commissioner, in consultation with the feedlot and 
  8.29  manure management advisory committee, created under section 
  8.30  17.136, and other interested parties must develop criteria for 
  8.31  determining when an individual National Pollutant Discharge 
  8.32  Elimination System permit is transferred from individual to 
  8.33  general permit status. 
  8.34     (g) Notwithstanding the provisions in paragraph (a), until 
  8.35  January 1, 2001, the commissioner may issue an individual 
  8.36  National Pollutant Discharge Elimination System permit for an 
  9.1   animal feedlot.  After the general permit is issued and the 
  9.2   criteria under paragraphs (d) and (e) are developed, individual 
  9.3   permits issued pursuant to this paragraph that do not fit the 
  9.4   criteria for an individual permit under the applicable 
  9.5   provisions of paragraph (d) or (e) must be transferred to 
  9.6   general permit status. 
  9.7      (h) The commissioner, in consultation with the feedlot and 
  9.8   manure management advisory committee, created under section 
  9.9   17.136, and other interested parties must develop criteria for 
  9.10  determining which feedlots are required to apply for and obtain 
  9.11  a National Pollutant Discharge Elimination System permit and 
  9.12  which feedlots are required to apply for and obtain a State 
  9.13  Disposal System permit based upon the actual or potential to 
  9.14  discharge. 
  9.15     Sec. 6.  Minnesota Statutes 1998, section 116.0713, is 
  9.16  amended to read: 
  9.17     116.0713 [LIVESTOCK ODOR.] 
  9.18     (a) The pollution control agency must: 
  9.19     (1) monitor and identify potential livestock facility 
  9.20  violations of the state ambient air quality standards for 
  9.21  hydrogen sulfide, using a protocol for responding to citizen 
  9.22  complaints regarding feedlot odor and its hydrogen sulfide 
  9.23  component, including the appropriate use of portable monitoring 
  9.24  equipment that enables monitoring staff to follow plumes; 
  9.25     (2) when livestock production facilities are found to be in 
  9.26  violation of ambient hydrogen sulfide standards, take 
  9.27  appropriate actions necessary to ensure compliance, utilizing 
  9.28  appropriate technical assistance and enforcement and penalty 
  9.29  authorities provided to the agency by statute and rule. 
  9.30     (b) Livestock production facilities are exempt from state 
  9.31  ambient air quality standards while manure is being removed and 
  9.32  for seven days after manure is removed from barns or manure 
  9.33  storage facilities. 
  9.34     (c) For a livestock production facility having greater than 
  9.35  300 animal units, the maximum cumulative exemption in a calendar 
  9.36  year under paragraph (b) is 21 days for the removal process. 
 10.1      (d) The operator of a livestock production facility that 
 10.2   claims exemption from state ambient air quality standards under 
 10.3   paragraph (b) must provide notice of that claim to either the 
 10.4   pollution control agency or the county feedlot officer delegated 
 10.5   under section 116.07. 
 10.6      (e) State ambient air quality standards are applicable at 
 10.7   the property boundary of a farm or a parcel of agricultural land 
 10.8   on which a livestock production facility is located, except that 
 10.9   if the owner or operator of the farm or parcel obtains an air 
 10.10  quality easement from the owner of land adjoining the farm or 
 10.11  parcel, the air quality standards must be applicable at the 
 10.12  property boundary of the adjoining land to which the easement 
 10.13  pertains.  The air quality easement must be for no more than 
 10.14  five years, must be in writing, and must be available upon 
 10.15  request by the agency or the county feedlot officer.  
 10.16  Notwithstanding the provisions of this paragraph, state ambient 
 10.17  air quality standards are applicable at locations to which the 
 10.18  general public has access.  The "general public" does not 
 10.19  include employees or other categories of people who have been 
 10.20  directly authorized by the property owner to enter or remain on 
 10.21  the property for a limited period of time and for a specific 
 10.22  purpose, or trespassers. 
 10.23     (f) The agency may not require air emission modeling for a 
 10.24  type of livestock system that does not have the potential to 
 10.25  exceed the hydrogen sulfide ambient air quality standard. 
 10.26     Sec. 7.  [116.0714] [OPEN-AIR SWINE LAGOON RESTRICTIONS.] 
 10.27     A person may not construct an open-air clay, earthen, or 
 10.28  flexible membrane lined swine waste lagoon in this state.  This 
 10.29  section does not apply to repair or modification related to an 
 10.30  environmental improvement of an existing lagoon. 
 10.31     Sec. 8.  Minnesota Statutes 1998, section 116.072, 
 10.32  subdivision 1, is amended to read: 
 10.33     Subdivision 1.  [AUTHORITY TO ISSUE PENALTY ORDERS.] (a) 
 10.34  The commissioner may issue an order requiring violations to be 
 10.35  corrected and administratively assessing monetary penalties for 
 10.36  violations of this chapter and chapters 114C, 115, 115A, 115D, 
 11.1   and 115E, any rules adopted under those chapters, and any 
 11.2   standards, limitations, or conditions established in an agency 
 11.3   permit; and for failure to respond to a request for information 
 11.4   under section 115B.17, subdivision 3.  The order must be issued 
 11.5   as provided in this section. 
 11.6      (b) A county board may adopt an ordinance containing 
 11.7   procedures for the issuance of administrative penalty orders and 
 11.8   may issue orders beginning August 1, 1996.  Before adopting 
 11.9   ordinances, counties shall work cooperatively with the agency to 
 11.10  develop an implementation plan for the orders that substantially 
 11.11  conforms to a model ordinance developed by the counties and the 
 11.12  agency.  After adopting the ordinance, the county board may 
 11.13  issue orders requiring violations to be corrected and 
 11.14  administratively assessing monetary penalties for violations of 
 11.15  county ordinances adopted under section 400.16, 400.161, or 
 11.16  473.811 or chapter 115A that regulate solid and hazardous waste 
 11.17  and any standards, limitations, or conditions established in a 
 11.18  county license issued pursuant to these ordinances.  For 
 11.19  violations of ordinances relating to hazardous waste, a county's 
 11.20  penalty authority is described in subdivisions 2 to 5.  For 
 11.21  violations of ordinances relating to solid waste, a county's 
 11.22  penalty authority is described in subdivision 5a.  Subdivisions 
 11.23  6 to 11 apply to violations of ordinances relating to both solid 
 11.24  and hazardous waste.  
 11.25     (c) Monetary penalties collected by a county must be used 
 11.26  to manage solid and hazardous waste.  A county board's authority 
 11.27  is limited to violations described in paragraph (b).  Its 
 11.28  authority to issue orders under this section expires August 1, 
 11.29  1999 2005.  
 11.30     Sec. 9.  Minnesota Statutes 1999 Supplement, section 
 11.31  116.072, subdivision 13, is amended to read: 
 11.32     Subd. 13.  [FEEDLOT ADMINISTRATIVE PENALTY ORDERS.] (a) 
 11.33  Prior to the commissioner or a county board proposing an 
 11.34  administrative penalty order to a feedlot operator for a 
 11.35  violation of feedlot laws or rules, the agency or county board 
 11.36  staff who will determine if a penalty is appropriate and who 
 12.1   will determine the size of the penalty shall offer to meet with 
 12.2   the feedlot operator to discuss the violation, and to allow the 
 12.3   feedlot operator to present any information that may affect any 
 12.4   agency or county board decisions on the administrative penalty 
 12.5   order. 
 12.6      (b) Notwithstanding subdivision 5, for serious feedlot law 
 12.7   or rule violations for which an administrative penalty order is 
 12.8   issued under this section, not less than 75 percent of the 
 12.9   penalty may must be forgiven if: 
 12.10     (1) the abated penalty is used for approved measures to 
 12.11  mitigate the violation for which the administrative penalty 
 12.12  order was issued or for environmental improvements to the farm; 
 12.13  and 
 12.14     (2) the commissioner determines that the violation has been 
 12.15  corrected or that appropriate steps are being taken to correct 
 12.16  the action. 
 12.17     Sec. 10.  [RULES FOR ANIMAL FEEDLOTS AND STORAGE, 
 12.18  TRANSPORTATION, AND UTILIZATION OF MANURE.] 
 12.19     (a) The pollution control agency shall amend the proposed 
 12.20  permanent rules relating to animal feedlots and storage, 
 12.21  transportation, and utilization of manure, published in the 
 12.22  State Register, volume 24, number 25, pages 848 to 884, December 
 12.23  20, 1999, according to this section and pursuant to Minnesota 
 12.24  Statutes, section 14.388. 
 12.25     (b) The agency shall remove the following provisions of the 
 12.26  proposed rules: 
 12.27     (1) restrictions on the pasturing of animals; 
 12.28     (2) manure management plan requirements, except in the case 
 12.29  of feedlots with over 1,000 animal units or a feedlot 
 12.30  construction permit; 
 12.31     (3) the inclusion in the animal unit definition of manure 
 12.32  that is produced by animals that are not owned or managed by the 
 12.33  person who accepts manure from another party; and 
 12.34     (4) the requirement that a feedlot must include a pollution 
 12.35  prevention plan as part of their feedlot permit application. 
 12.36     (c) In the rules, the agency shall not require: 
 13.1      (1) a feedlot operator to remove manure packs and mounding, 
 13.2   except as necessary to prevent pollution; 
 13.3      (2) information on the permit application that is not 
 13.4   specifically required in the rules, unless the feedlot operator 
 13.5   will be using a new technology; 
 13.6      (3) more than the following information on the newspaper 
 13.7   notification of proposed construction or expansion: 
 13.8      (i) name of the owner or owners; 
 13.9      (ii) name of the facility; 
 13.10     (iii) location of the facility by county, township, 
 13.11  section, or quarter-section; 
 13.12     (iv) species of livestock and total animal units; and 
 13.13     (v) type of building and manure storage system; 
 13.14     (4) the regulation of process-generated wastewater, unless 
 13.15  it contains manure; 
 13.16     (5) that a feedlot must be issued an individual state 
 13.17  disposal system permit, unless the feedlot meets the criteria 
 13.18  established for individual permits under Minnesota Statutes, 
 13.19  section 116.07, subdivision 7c; and 
 13.20     (6) registration or a permit for a livestock facility 
 13.21  located on state or county fairgrounds. 
 13.22     (d) In the rules, the agency shall: 
 13.23     (1) include a registration notice provision requiring the 
 13.24  permitting authority to notify feedlot operators at least 90 
 13.25  days prior to the reregistration deadline; 
 13.26     (2) include a provision requiring that a receipt of 
 13.27  registration be sent back to the feedlot operator within 30 days 
 13.28  of receipt of the registration by the agency or the delegated 
 13.29  county; 
 13.30     (3) provide that feedlot permits remain in effect until a 
 13.31  new permit is issued by the agency or a county; 
 13.32     (4) provide that location restrictions for schools and 
 13.33  child care centers apply only to licensed child care centers, 
 13.34  the public schools defined in Minnesota Statutes, section 
 13.35  120A.05, and private schools, excluding home school sites; 
 13.36     (5) allow for compliance with interim corrective measures 
 14.1   for eligible open lots by October 1, 2005, and final compliance 
 14.2   by October 1, 2010; 
 14.3      (6) allow direct notification of a feedlot permit 
 14.4   application in lieu of the newspaper notification as provided in 
 14.5   Minnesota Statutes, section 116.07, subdivision 7a; 
 14.6      (7) allow a short-term stockpile site for 365 days; 
 14.7      (8) include only a general reference that the rules do not 
 14.8   preempt the adoption or enforcement of zoning ordinances or 
 14.9   plans by counties, townships, or cities; 
 14.10     (9) allow manure storage facility specifications that are 
 14.11  proposed by a registered professional engineer or a United 
 14.12  States Department of Agriculture, Natural Resources Conservation 
 14.13  Service employee and that meet federal and state discharge and 
 14.14  water quality restrictions; and 
 14.15     (10) include an exemption from the prohibition on reuse of 
 14.16  a short-term stockpiling site in the preceding or following 
 14.17  calendar years for a site where manure is stockpiled for less 
 14.18  than ten days and the site is not used as a stockpile site for 
 14.19  more than six times in a calendar year. 
 14.20     Sec. 11.  [STATE FINANCIAL ASSISTANCE FOR FEEDLOT UPGRADES; 
 14.21  REPORT.] 
 14.22     The commissioners of the pollution control agency and the 
 14.23  department of agriculture, in consultation with representatives 
 14.24  from the department of finance and the board of water and soil 
 14.25  resources, shall study and develop options for financial 
 14.26  assistance to feedlot operators for feedlot upgrades required by 
 14.27  the amended livestock feedlot rules proposed by the agency and 
 14.28  published in the State Register, volume 24, number 25.  The 
 14.29  options must include a specific proposal for providing financial 
 14.30  assistance for feedlots with a capacity less than 100 animal 
 14.31  units.  By October 1, 2000, the commissioner shall submit the 
 14.32  findings and financing options to the senate agriculture and 
 14.33  rural development policy committee, the senate environment and 
 14.34  agriculture budget division, the house agriculture and rural 
 14.35  development policy and finance committees, and the house 
 14.36  environment and natural resource policy and finance committees. 
 15.1      Sec. 12.  [MORATORIUM ON UPGRADE REQUIREMENTS FOR SMALL 
 15.2   FEEDLOTS.] 
 15.3      Until the funding proposal for feedlots with a capacity 
 15.4   less than 100 animal units required by section 11 has been 
 15.5   enacted and funding under the proposal has been made available, 
 15.6   the pollution control agency may not require the operator of an 
 15.7   existing feedlot with less than 100 animal units to upgrade the 
 15.8   feedlot, unless the upgrade is needed to correct an immediate 
 15.9   public health threat under Minnesota Statutes, section 145A.04, 
 15.10  subdivision 8. 
 15.11     Sec. 13.  [WORKGROUP; REPORT.] 
 15.12     The commissioner of the pollution control agency shall 
 15.13  convene a workgroup consisting of representatives from Natural 
 15.14  Resources Conservation Services and private sector licensed 
 15.15  professional engineers, including individuals with expertise in 
 15.16  hydraulics, structural systems, and geology, to review and 
 15.17  propose design standards for liquid manure storage facilities in 
 15.18  areas susceptible to soil collapse and sinkhole formation.  This 
 15.19  review shall include an evaluation of whether such standards 
 15.20  should be volume based or animal unit based.  The commissioner 
 15.21  shall submit the findings and recommendations of the workgroup 
 15.22  to the senate and house agriculture and rural development 
 15.23  committees by October 31, 2000. 
 15.24     Sec. 14.  [PRIVATE MANURE APPLICATOR EDUCATION AND TRAINING 
 15.25  PLAN.] 
 15.26     (a) The commissioner of agriculture shall study and develop 
 15.27  a plan, in conjunction with the University of Minnesota 
 15.28  extension service, for innovative educational and training 
 15.29  programs addressing manure applicator concerns, including water 
 15.30  quality protection and the development of manure management 
 15.31  plans. 
 15.32     (b) The commissioner shall appoint educational planning 
 15.33  committees, which must include representatives of industry. 
 15.34     (c) Specific current regulatory concerns must be discussed 
 15.35  and, if appropriate, incorporated into the plan. 
 15.36     (d) The commissioner may consider programs from private 
 16.1   industry and nonprofit organizations that meet minimum 
 16.2   requirements for education, training, and certification. 
 16.3      (e) The commissioner shall report to the house and senate 
 16.4   agriculture policy and funding committees by January 30, 2001, 
 16.5   with recommendations for training, examination, certification, 
 16.6   and costs of a private applicator manure certification program. 
 16.7      Sec. 15.  [EFFECTIVE DATE.] 
 16.8      Sections 1 to 6 and 8 to 14 are effective the day following 
 16.9   final enactment.  Section 7 is effective July 1, 2000.