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HF 3692

3rd Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
  1.1                          A bill for an act 
  1.2             relating to agriculture; amending feedlot permit 
  1.3             provisions; providing specific requirements for 
  1.4             feedlot permit rules; adding requirements for 
  1.5             administrative penalty orders; requiring a report; 
  1.6             amending Minnesota Statutes 1998, sections 116.06, by 
  1.7             adding a subdivision; 116.07, subdivision 7c; and 
  1.8             116.0713; Minnesota Statutes 1999 Supplement, sections 
  1.9             116.07, subdivision 7; and 116.072, subdivision 13; 
  1.10            proposing coding for new law in Minnesota Statutes, 
  1.11            chapter 18B. 
  1.13     Section 1.  [18B.432] [MANURE APPLICATOR EDUCATION AND 
  1.14  TRAINING.] 
  1.15     Subdivision 1.  [EDUCATION AND TRAINING STUDY.] (a) The 
  1.16  commissioner shall study and develop, in conjunction with the 
  1.17  University of Minnesota extension service, a plan of innovative 
  1.18  educational and training programs addressing manure applicator 
  1.19  concerns, including water quality protection and the development 
  1.20  of manure management plans. 
  1.21     (b) The commissioner shall appoint educational planning 
  1.22  committees which must include representatives of industry. 
  1.23     (c) Specific current regulatory concerns must be discussed 
  1.24  and, if appropriate, incorporated into the plan. 
  1.25     (d) The commissioner may approve programs from private 
  1.26  industry and nonprofit organizations that meet minimum 
  1.27  requirements for education, training, and certification. 
  1.28     (e) The commissioner shall report to the house and senate 
  2.1   agriculture committees by January 30, 2001, on recommendations 
  2.2   for training, examination, certification, and costs of a private 
  2.3   applicator manure certification program as an alternative to 
  2.4   required manure management plans. 
  2.6   DEVELOPMENT.] The commissioner, in conjunction with the 
  2.7   University of Minnesota extension service, shall continually 
  2.8   revise and update manure applicator training manuals and 
  2.9   examinations.  Questions in the examinations must be determined 
  2.10  by the responsible agencies.  Manuals and examinations must 
  2.11  include manure management practices that discuss prevention of 
  2.12  manure occurrence in waters of the state. 
  2.13     Sec. 2.  Minnesota Statutes 1998, section 116.06, is 
  2.14  amended by adding a subdivision to read: 
  2.15     Subd. 4a.  [ANIMAL UNIT.] "Animal unit" means a unit of 
  2.16  measure used to compare differences in the production of animal 
  2.17  manure that employs as a standard the amount of manure produced 
  2.18  on a regular basis by a slaughter steer or heifer for an animal 
  2.19  feedlot, manure storage area, or pasture calculated by 
  2.20  multiplying the number of animals of each type in clauses (1) to 
  2.21  (9) by the respective multiplication factor and summing the 
  2.22  resulting values for the total number of animal units.  For 
  2.23  purposes of this chapter, the following multiplication factors 
  2.24  apply: 
  2.25     (1) one mature dairy cow, whether milked or dry: 
  2.26     (i) over 1,000 pounds, 1.4 animal units; or 
  2.27     (ii) under 1,000 pounds, 1.0 animal unit; 
  2.28     (2) one cow and calf pair, 1.2 units; 
  2.29     (3) one calf, 0.2 unit; 
  2.30     (4) one slaughter steer, 1.0 animal unit; 
  2.31     (5) head of feeder cattle or heifer, 0.7 unit; 
  2.32     (6) one head of swine: 
  2.33     (i) over 300 pounds, 0.4 animal unit; 
  2.34     (ii) between 55 pounds and 300 pounds, 0.3 animal unit; and 
  2.35     (iii) under 55 pounds, 0.05 animal unit; 
  2.36     (7) one horse, 1.0 animal unit; 
  3.1      (8) one sheep or lamb, 0.1 animal unit; 
  3.2      (9) one chicken: 
  3.3      (i) one laying hen or broiler, if the facility has a liquid 
  3.4   manure system, 0.033 animal unit; or 
  3.5      (ii) one chicken if the facility has a dry manure system: 
  3.6      (A) over five pounds, 0.005 animal unit; or 
  3.7      (B) under five pounds, 0.003 animal unit; 
  3.8      (10) one turkey: 
  3.9      (i) over five pounds, 0.018 animal unit; or 
  3.10     (ii) under five pounds, 0.005 animal unit; 
  3.11     (11) one duck, 0.01 animal unit; and 
  3.12     (12) for animals not listed in clauses (1) to (8), the 
  3.13  number of animal units is the average weight of the animal in 
  3.14  pounds divided by 1,000 pounds. 
  3.15     Sec. 3.  Minnesota Statutes 1999 Supplement, section 
  3.16  116.07, subdivision 7, is amended to read: 
  3.18  LOT PERMITS.] Any Minnesota county board may, by resolution, 
  3.19  with approval of the pollution control agency, assume 
  3.20  responsibility for processing applications for permits required 
  3.21  by the pollution control agency under this section for livestock 
  3.22  feedlots, poultry lots or other animal lots.  The responsibility 
  3.23  for permit application processing, if assumed by a county, may 
  3.24  be delegated by the county board to any appropriate county 
  3.25  officer or employee.  
  3.26     (a) For the purposes of this subdivision, the term 
  3.27  "processing" includes: 
  3.28     (1) the distribution to applicants of forms provided by the 
  3.29  pollution control agency; 
  3.30     (2) the receipt and examination of completed application 
  3.31  forms, and the certification, in writing, to the pollution 
  3.32  control agency either that the animal lot facility for which a 
  3.33  permit is sought by an applicant will comply with applicable 
  3.34  rules and standards, or, if the facility will not comply, the 
  3.35  respects in which a variance would be required for the issuance 
  3.36  of a permit; and 
  4.1      (3) rendering to applicants, upon request, assistance 
  4.2   necessary for the proper completion of an application. 
  4.3      (b) For the purposes of this subdivision, the term 
  4.4   "processing" may include, at the option of the county board, 
  4.5   issuing, denying, modifying, imposing conditions upon, or 
  4.6   revoking permits pursuant to the provisions of this section or 
  4.7   rules promulgated pursuant to it, subject to review, suspension, 
  4.8   and reversal by the pollution control agency.  The pollution 
  4.9   control agency shall, after written notification, have 15 days 
  4.10  to review, suspend, modify, or reverse the issuance of the 
  4.11  permit.  After this period, the action of the county board is 
  4.12  final, subject to appeal as provided in chapter 14.  
  4.13     (c) For the purpose of administration of rules adopted 
  4.14  under this subdivision, the commissioner and the agency may 
  4.15  provide exceptions for cases where the owner of a feedlot has 
  4.16  specific written plans to close the feedlot within five years.  
  4.17  These exceptions include waiving requirements for major capital 
  4.18  improvements. 
  4.19     (d) For purposes of this subdivision, a discharge caused by 
  4.20  an extraordinary natural event such as a precipitation event of 
  4.21  greater magnitude than the 25-year, 24-hour event, tornado, or 
  4.22  flood in excess of the 100-year flood is not a "direct discharge 
  4.23  of pollutants." 
  4.24     (e) In adopting and enforcing rules under this subdivision, 
  4.25  the commissioner shall cooperate closely with other governmental 
  4.26  agencies. 
  4.27     (f) The pollution control agency shall work with the 
  4.28  Minnesota extension service, the department of agriculture, the 
  4.29  board of water and soil resources, producer groups, local units 
  4.30  of government, as well as with appropriate federal agencies such 
  4.31  as the Natural Resources Conservation Service and the Farm 
  4.32  Service Agency, to notify and educate producers of rules under 
  4.33  this subdivision at the time the rules are being developed and 
  4.34  adopted and at least every two years thereafter. 
  4.35     (g) The pollution control agency shall adopt rules 
  4.36  governing the issuance and denial of permits for livestock 
  5.1   feedlots, poultry lots or other animal lots pursuant to this 
  5.2   section.  A feedlot permit is not required for livestock 
  5.3   feedlots with more than ten but less than 50 animal units; 
  5.4   provided they are not in shoreland areas.  A livestock feedlot 
  5.5   permit does not become required solely because of a change in 
  5.6   the ownership of the buildings, grounds, or feedlot.  These 
  5.7   rules apply both to permits issued by counties and to permits 
  5.8   issued by the pollution control agency directly.  
  5.9      (h) The pollution control agency shall exercise supervising 
  5.10  authority with respect to the processing of animal lot permit 
  5.11  applications by a county. 
  5.12     (i) Any new rules or amendments to existing rules proposed 
  5.13  under the authority granted in this subdivision, or to implement 
  5.14  new fees on animal feedlots, must be submitted to the members of 
  5.15  legislative policy and finance committees with jurisdiction over 
  5.16  agriculture and the environment prior to final adoption.  The 
  5.17  rules must not become effective until 90 days after the proposed 
  5.18  rules are submitted to the members.  
  5.19     (j) Until new rules are adopted that provide for plans for 
  5.20  manure storage structures, any plans for a liquid manure storage 
  5.21  structure must be prepared or approved by a registered 
  5.22  professional engineer or a United States Department of 
  5.23  Agriculture, Natural Resources Conservation Service employee. 
  5.24     (k) A county may adopt by ordinance standards for animal 
  5.25  feedlots that are more stringent than standards in pollution 
  5.26  control agency rules. 
  5.27     (l) After January 1, 2001, a county that has not accepted 
  5.28  delegation of the feedlot permit program must hold a public 
  5.29  meeting prior to the agency issuing a feedlot permit for a 
  5.30  feedlot facility with 300 or more animal units, unless another 
  5.31  public meeting has been held with regard to the feedlot facility 
  5.32  to be permitted. 
  5.33     (m) After the proposed rules published in the State 
  5.34  Register, volume 24, number 25, are finally adopted, the agency 
  5.35  may not impose additional conditions as a part of a feedlot 
  5.36  permit, unless specifically required by law or agreed to by the 
  6.1   feedlot operator. 
  6.2      (n) For the purposes of feedlot permitting, land-applied 
  6.3   manure or a manure stockpile that is managed according to agency 
  6.4   rule must not be considered a discharge into waters of the state.
  6.5      (o) Notwithstanding other law to the contrary, amended 
  6.6   livestock feedlot rules proposed by the agency and published in 
  6.7   the State Register, volume 24, number 25, if adopted, do not 
  6.8   apply to feedlots with 400 animal units or less. 
  6.9      (p) The agency may not require a feedlot operator to 
  6.10  upgrade an existing feedlot with less than 500 animal units for 
  6.11  a total cost of more than $3,000 to the operator, unless 
  6.12  cost-share money is available to the feedlot operator for 75 
  6.13  percent of the cost of the upgrade. 
  6.14     Sec. 4.  Minnesota Statutes 1998, section 116.07, 
  6.15  subdivision 7c, is amended to read: 
  6.16     Subd. 7c.  [NPDES PERMITTING REQUIREMENTS.] (a) The agency 
  6.17  must issue National Pollutant Discharge Elimination System 
  6.18  permits for feedlots with 1,000 animal units or more and that 
  6.19  meet the definition of a "concentrated animal feeding operation" 
  6.20  in Code of Federal Regulations, title 40, section 122.23, based 
  6.21  on the following schedule: 
  6.22     (1) for applications received after April 22, 1998, a 
  6.23  permit for a newly constructed or expanded animal feedlot with 
  6.24  2,000 or more animal units must be issued as an individual 
  6.25  permit; 
  6.26     (2) for applications received after January 1, 1999, a 
  6.27  permit for a newly constructed or expanded animal feedlot with 
  6.28  between 1,000 and 2,000 animal units that is identified as a 
  6.29  priority by the commissioner, using criteria established under 
  6.30  paragraph (e) (d), must be issued as an individual permit; and 
  6.31     (3) (2) after January 1, 2001, all an existing feedlots 
  6.32  with 1,000 or more animal units feedlot that is identified as a 
  6.33  priority by the commissioner, using criteria established under 
  6.34  paragraph (e) must be issued as an individual or general 
  6.35  National Pollutant Discharge Elimination System permit.; and 
  6.36     (b) By October 1, 1999, (3) the agency must issue a general 
  7.1   National Pollutant Discharge Elimination System permit for 
  7.2   animal feedlots with between 1,000 and 2,000 animal units that 
  7.3   are not identified under paragraph (a), clause (1) or (2). 
  7.4      (c) (b) Prior to the issuance of a general National 
  7.5   Pollutant Discharge Elimination System permit for a category of 
  7.6   animal feedlot facility permittees, the agency must hold at 
  7.7   least one public hearing on the permit issuance. 
  7.8      (d) (c) To the extent practicable, the agency must include 
  7.9   a public notice and comment period for an individual National 
  7.10  Pollutant Discharge Elimination System permit concurrent with 
  7.11  any public notice and comment for: 
  7.12     (1) the purpose of environmental review of the same 
  7.13  facility under chapter 116D; or 
  7.14     (2) the purpose of obtaining a conditional use permit from 
  7.15  a local unit of government where the local government unit is 
  7.16  the responsible governmental unit for purposes of environmental 
  7.17  review under chapter 116D. 
  7.18     (e) By January 1, 1999, (d) The commissioner, in 
  7.19  consultation with the feedlot and manure management advisory 
  7.20  committee, created under section 17.136, and other interested 
  7.21  parties must develop criteria for determining whether an 
  7.22  individual National Pollutant Discharge Elimination System 
  7.23  permit is required under paragraph (a), clause (2), for an 
  7.24  animal feedlot with between 1,000 and 2,000 animal units (1).  
  7.25  The criteria must be based on proximity to waters of the state, 
  7.26  facility design, and other site-specific environmental factors. 
  7.27     (f) By January 1, 2000, (e) The commissioner, in 
  7.28  consultation with the feedlot and manure management advisory 
  7.29  committee, created under section 17.136, and other interested 
  7.30  parties must develop criteria for determining whether an 
  7.31  individual National Pollutant Discharge Elimination System 
  7.32  permit is required for an existing animal feedlot, under 
  7.33  paragraph (a), clause (3) (2).  The criteria must be based on 
  7.34  violations and other compliance problems at the facility. 
  7.35     (f) The commissioner, in consultation with the feedlot and 
  7.36  manure management advisory committee, created under section 
  8.1   17.136, and other interested parties must develop criteria for 
  8.2   determining when an individual National Pollutant Discharge 
  8.3   Elimination System permit is transferred from individual to 
  8.4   general permit status. 
  8.5      (g) Notwithstanding the provisions in paragraph (a), until 
  8.6   January 1, 2001, the commissioner may issue an individual 
  8.7   National Pollutant Discharge Elimination System permit for an 
  8.8   animal feedlot.  After the general permit is issued and the 
  8.9   criteria under paragraphs (d) and (e) are developed, individual 
  8.10  permits issued pursuant to this paragraph that do not fit the 
  8.11  criteria for an individual permit under the applicable 
  8.12  provisions of paragraph (d) or (e) must be transferred to 
  8.13  general permit status. 
  8.14     (h) The commissioner, in consultation with the feedlot and 
  8.15  manure management advisory committee, created under section 
  8.16  17.136, and other interested parties must develop criteria for 
  8.17  determining which feedlots are required to apply for and obtain 
  8.18  a National Pollutant Discharge Elimination System permit or a 
  8.19  state disposal system permit based upon the actual or potential 
  8.20  to discharge. 
  8.21     Sec. 5.  Minnesota Statutes 1998, section 116.0713, is 
  8.22  amended to read: 
  8.23     116.0713 [LIVESTOCK ODOR.] 
  8.24     (a) The pollution control agency must: 
  8.25     (1) monitor and identify potential livestock facility 
  8.26  violations of the state ambient air quality standards for 
  8.27  hydrogen sulfide, using a protocol for responding to citizen 
  8.28  complaints regarding feedlot odor and its hydrogen sulfide 
  8.29  component, including the appropriate use of portable monitoring 
  8.30  equipment that enables monitoring staff to follow plumes; 
  8.31     (2) when livestock production facilities are found to be in 
  8.32  violation of ambient hydrogen sulfide standards, take 
  8.33  appropriate actions necessary to ensure compliance, utilizing 
  8.34  appropriate technical assistance and enforcement and penalty 
  8.35  authorities provided to the agency by statute and rule. 
  8.36     (b) Livestock production facilities are exempt from state 
  9.1   ambient air quality standards while manure is being removed and 
  9.2   for seven days after manure is removed from barns or manure 
  9.3   storage facilities. 
  9.4      (c) For a livestock production facility having greater than 
  9.5   1,000 animal units, the maximum cumulative exemption in a 
  9.6   calendar year under paragraph (b) is 21 days for the removal 
  9.7   process. 
  9.8      (d) The operator of a livestock production facility that 
  9.9   claims exemption from state ambient air quality standards under 
  9.10  paragraph (b) must provide notice of that claim to either the 
  9.11  pollution control agency or the county feedlot officer delegated 
  9.12  under section 116.07. 
  9.13     (e) State ambient air quality standards are applicable at 
  9.14  the property boundary of a farm or a parcel of agricultural land 
  9.15  on which a livestock production facility is located, except that 
  9.16  if the owner or operator of the farm or parcel obtains an air 
  9.17  quality easement from the owner of land adjoining such farm or 
  9.18  parcel, the air quality standards must be applicable at the 
  9.19  property boundary of the adjoining land to which the easement 
  9.20  pertains.  The air quality easement must be for no more than 
  9.21  five years, must be in writing, and must be available upon 
  9.22  request by the agency or the county feedlot officer.  
  9.23  Notwithstanding the provisions of this paragraph, state ambient 
  9.24  air quality standards are applicable at locations to which the 
  9.25  general public has access.  The "general public" does not 
  9.26  include employees, trespassers, or other categories of people 
  9.27  who have been directly authorized by the property owner to enter 
  9.28  or remain on the property for a limited period of time and for a 
  9.29  specific purpose. 
  9.30     (f) The agency may not require air emission modeling for a 
  9.31  type of livestock system that has not had a hydrogen sulfide 
  9.32  emission violation. 
  9.33     Sec. 6.  Minnesota Statutes 1999 Supplement, section 
  9.34  116.072, subdivision 13, is amended to read: 
  9.36  Prior to the commissioner proposing an administrative penalty 
 10.1   order to a feedlot operator for a violation of feedlot laws or 
 10.2   rules, the agency staff who will determine if a penalty is 
 10.3   appropriate and who will determine the size of the penalty shall 
 10.4   offer to meet with the feedlot operator to discuss the 
 10.5   violation, and to allow the feedlot operator to present any 
 10.6   information that may affect any agency decisions on the 
 10.7   administrative penalty order. 
 10.8      (b) Notwithstanding subdivision 5, for serious feedlot law 
 10.9   or rule violations for which an administrative penalty order is 
 10.10  issued under this section, not less than 75 percent of the 
 10.11  penalty may must be forgiven if: 
 10.12     (1) the abated penalty is used for approved measures to 
 10.13  mitigate the violation for which the administrative penalty 
 10.14  order was issued or for environmental improvements to the farm; 
 10.15  and 
 10.16     (2) the commissioner determines that the violation has been 
 10.17  corrected or that appropriate steps are being taken to correct 
 10.18  the action. 
 10.20  NEEDS.] 
 10.21     (a) The legislature finds it very important for the 
 10.22  pollution control agency to consistently provide an initial 
 10.23  response to animal feedlot permit applications within 60 days 
 10.24  after receipt of the application.  The agency is strongly urged 
 10.25  to establish procedures that will allow it to accomplish this 
 10.26  timely response. 
 10.27     (b) If the agency determines that it is unable to 
 10.28  accomplish timely response to animal feedlot permit applications 
 10.29  using existing resources, the commissioner shall, not later than 
 10.30  January 15, 2001, report to the environment and agriculture 
 10.31  policy and finance committees of the Senate and House of 
 10.32  Representatives on the additional resources needed to accomplish 
 10.33  timely response. 
 10.36     (a) The pollution control agency shall amend the proposed 
 11.1   permanent rules relating to animal feedlots and storage, 
 11.2   transportation, and utilization of manure, published in the 
 11.3   State Register, volume 24, number 25, pages 848 to 884, December 
 11.4   20, 1999, according to this section. 
 11.5      (b) The agency shall remove the following provisions of the 
 11.6   proposed rules: 
 11.7      (1) restrictions on the pasturing of animals; 
 11.8      (2) manure management plan requirements, except in the case 
 11.9   of feedlots with over 400 animal units or a feedlot construction 
 11.10  permit; 
 11.11     (3) manure that is produced by animals that are not owned 
 11.12  or managed by the person from the animal unit definition; and 
 11.13     (4) the requirement that a feedlot must include a pollution 
 11.14  prevention plan as part of their feedlot permit application. 
 11.15     (c) In the rules, the agency shall not require: 
 11.16     (1) a feedlot operator to remove manure packs and mounding, 
 11.17  except as necessary to prevent pollution; 
 11.18     (2) information on the permit application that is not 
 11.19  specifically required in the rules, unless the feedlot operator 
 11.20  will be using a new technology; 
 11.21     (3) more than the following information on the newspaper 
 11.22  notification of proposed construction or expansion: 
 11.23     (i) name of the owner or owners; 
 11.24     (ii) name of the facility; 
 11.25     (iii) location of the facility by county, township, 
 11.26  section, or quarter-section; 
 11.27     (iv) species of livestock and total animal units; and 
 11.28     (v) type of building and manure storage system; 
 11.29     (4) the regulation of process-generated wastewater, unless 
 11.30  it contains manure; 
 11.31     (5) that a feedlot must be issued an individual state 
 11.32  disposal system permit, unless the feedlot meets the criteria 
 11.33  established for individual permits under Minnesota Statutes, 
 11.34  section 116.07, subdivision 7c; and 
 11.35     (6) registration or a permit for a livestock facility 
 11.36  located on county fairgrounds. 
 12.1      (d) In the rules, the agency shall: 
 12.2      (1) include a registration notice provision requiring the 
 12.3   permitting authority to notify feedlot operators at least 90 
 12.4   days prior to the reregistration deadline; 
 12.5      (2) include a provision requiring that a receipt of 
 12.6   registration be sent back to the feedlot operator within 30 days 
 12.7   of receipt of the registration by the agency or the delegated 
 12.8   county; 
 12.9      (3) provide that feedlot permits remain in effect until a 
 12.10  new permit is issued by the agency or a county; 
 12.11     (4) provide that location restrictions for schools and 
 12.12  child care centers apply only to licensed child care centers, 
 12.13  the public schools defined in Minnesota Statutes, section 
 12.14  120A.05, and private schools, excluding home school sites; 
 12.15     (5) allow for compliance with interim corrective measures 
 12.16  for eligible open lots by October 1, 2005, and final compliance 
 12.17  by October 1, 2010; 
 12.18     (6) allow direct notification of a feedlot permit 
 12.19  application in lieu of the newspaper notification as provided in 
 12.20  Minnesota Statutes, section 116.07, subdivision 7a; 
 12.21     (7) allow an extension of a short-term stockpile site 
 12.22  because growing crops or crop removal prohibit land application 
 12.23  of manure; 
 12.24     (8) include only a general reference that the rules do not 
 12.25  preempt the adoption or enforcement of zoning ordinances or 
 12.26  plans by counties, townships, or cities; 
 12.27     (9) allow manure storage facility specifications that are 
 12.28  proposed by a registered professional engineer or a United 
 12.29  States Department of Agriculture, Natural Resources Conservation 
 12.30  Service employee and that meet federal and state discharge and 
 12.31  water quality restrictions; 
 12.32     (10) include an exemption from the prohibition on reuse of 
 12.33  a short-term stockpiling site in the preceding or following 
 12.34  calendar years for a site where manure is stockpiled for less 
 12.35  than ten days and the site is not used as a stockpile site for 
 12.36  more than six times in a calendar year; and 
 13.1      (11) provide that the management of nutrients from manure 
 13.2   can be consistent with guidelines, definitions, or 
 13.3   recommendations published by the University of Minnesota or 
 13.4   another land grant college in a contiguous state. 
 13.5      Sec. 9.  [EFFECTIVE DATE.] 
 13.6      Sections 1 to 8 are effective the day following final 
 13.7   enactment.