SF 1795

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to agriculture; transferring authority for 
  1.3             the regulation of feedlots from the pollution control 
  1.4             agency to the department of agriculture; amending 
  1.5             Minnesota Statutes 2000, sections 17.138, subdivision 
  1.6             3; 35.82, subdivision 2; 114C.21, subdivision 8; 
  1.7             115.076, subdivision 1; 394.25, subdivision 3c; and 
  1.8             561.19, subdivision 2; proposing coding for new law in 
  1.9             Minnesota Statutes, chapter 17; repealing Minnesota 
  1.10            Statutes 2000, sections 116.06, subdivision 4a; 
  1.11            116.07, subdivisions 7 and 7a; 116.0713; and 116.072, 
  1.12            subdivision 13. 
  1.13  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.14     Section 1.  [17.1351] [FEEDLOTS.] 
  1.15     Subdivision 1.  [AUTHORITY OF COMMISSIONER.] The 
  1.16  commissioner of agriculture may issue permits for, and regulate 
  1.17  the operation of, feedlots as described in sections 17.1351 to 
  1.18  17.1355.  Authority for feedlot regulation is transferred from 
  1.19  the pollution control agency to the department of agriculture on 
  1.20  July 1, 2001.  Section 15.039 applies to the transfer. 
  1.21     Subd. 2.  [ANIMAL UNIT.] For the purposes of sections 
  1.22  17.1351 to 17.1355, "animal unit" means a unit of measure used 
  1.23  to compare differences in the production of animal manure that 
  1.24  employs as a standard the amount of manure produced on a regular 
  1.25  basis by a slaughter steer or heifer for an animal feedlot or 
  1.26  manure storage area calculated by multiplying the number of 
  1.27  animals of each type in clauses (1) to (9) by the respective 
  1.28  multiplication factor and summing the resulting values for the 
  1.29  total number of animal units.  For purposes of this chapter, the 
  2.1   following multiplication factors apply: 
  2.2      (1) one mature dairy cow, whether milked or dry: 
  2.3      (i) over 1,000 pounds, 1.4 animal units; or 
  2.4      (ii) under 1,000 pounds, 1.0 animal unit; 
  2.5      (2) one cow and calf pair, 1.2 units; 
  2.6      (3) one calf, 0.2 unit; 
  2.7      (4) one slaughter steer, 1.0 animal unit; 
  2.8      (5) head of feeder cattle or heifer, 0.7 unit; 
  2.9      (6) one head of swine: 
  2.10     (i) over 300 pounds, 0.4 animal unit; 
  2.11     (ii) between 55 pounds and 300 pounds, 0.3 animal unit; and 
  2.12     (iii) under 55 pounds, 0.05 animal unit; 
  2.13     (7) one horse, 1.0 animal unit; 
  2.14     (8) one sheep or lamb, 0.1 animal unit; 
  2.15     (9) one chicken: 
  2.16     (i) one laying hen or broiler, if the facility has a liquid 
  2.17  manure system, 0.033 animal unit; or 
  2.18     (ii) one chicken if the facility has a dry manure system: 
  2.19     (A) over five pounds, 0.005 animal unit; or 
  2.20     (B) under five pounds, 0.003 animal unit; 
  2.21     (10) one turkey: 
  2.22     (i) over five pounds, 0.018 animal unit; or 
  2.23     (ii) under five pounds, 0.005 animal unit; 
  2.24     (11) one duck, 0.01 animal unit; and 
  2.25     (12) for animals not listed in clauses (1) to (8), the 
  2.26  number of animal units is the average weight of the animal in 
  2.27  pounds divided by 1,000 pounds. 
  2.28     Sec. 2.  [17.1352] [PERMITTEE QUALIFICATIONS.] 
  2.29     (a) The commissioner of agriculture may refuse to issue or 
  2.30  authorize the transfer of an animal feedlot facility permit 
  2.31  under section 17.1353 to construct or operate an animal feedlot 
  2.32  facility if the commissioner determines that the permit 
  2.33  applicant does not possess sufficient expertise and competence 
  2.34  to operate the feedlot facility in conformance with the 
  2.35  requirements of this chapter or if other circumstances exist 
  2.36  that demonstrate that the permit applicant may not operate the 
  3.1   feedlot facility in conformance with the requirements of this 
  3.2   chapter.  
  3.3      (b) In making a determination under paragraph (a), the 
  3.4   commissioner may consider: 
  3.5      (1) the experience of the permit applicant in constructing 
  3.6   or operating animal feedlot facilities; 
  3.7      (2) the expertise of the permit applicant; 
  3.8      (3) the past record of the permit applicant in operating 
  3.9   animal feedlot facilities in Minnesota and other states; 
  3.10     (4) any criminal convictions of the permit applicant in 
  3.11  state or federal court during the past five years that bear on 
  3.12  the likelihood that the permit applicant will operate the 
  3.13  facility in conformance with the applicable requirements of this 
  3.14  chapter; and 
  3.15     (5) in the case of a corporation or business entity, any 
  3.16  criminal convictions in state or federal court during the past 
  3.17  five years of any of the permit applicant's officers, partners, 
  3.18  or facility managers that bear on the likelihood that the 
  3.19  facility will be operated in conformance with the applicable 
  3.20  requirements of this chapter. 
  3.21     Sec. 3.  [17.1353] [COUNTIES; PROCESSING OF APPLICATIONS 
  3.22  FOR ANIMAL LOT PERMITS.] 
  3.23     Subdivision 1.  [DEFINITIONS.] (a) For the purposes of this 
  3.24  section, the term "processing" includes: 
  3.25     (1) the distribution to applicants of forms provided by the 
  3.26  commissioner; 
  3.27     (2) the receipt and examination of completed application 
  3.28  forms, and the certification, in writing, to the commissioner 
  3.29  either that the animal lot facility for which a permit is sought 
  3.30  by an applicant will comply with applicable rules and standards, 
  3.31  or, if the facility will not comply, the respects in which a 
  3.32  variance would be required for the issuance of a permit; and 
  3.33     (3) rendering to applicants, upon request, assistance 
  3.34  necessary for the proper completion of an application. 
  3.35     (b) For the purposes of this section, the term "processing" 
  3.36  may include, at the option of the county board, issuing, 
  4.1   denying, modifying, imposing conditions upon, or revoking 
  4.2   permits pursuant to the provisions of this section or rules 
  4.3   adopted under it, subject to review, suspension, and reversal by 
  4.4   the commissioner.  The commissioner shall, after written 
  4.5   notification, have 15 days to review, suspend, modify, or 
  4.6   reverse the issuance of the permit.  After this period, the 
  4.7   action of the county board is final, subject to appeal as 
  4.8   provided in chapter 14.  For permit applications filed after 
  4.9   October 1, 2001, section 15.99 applies to feedlot permits issued 
  4.10  by the commissioner or a county pursuant to this section. 
  4.11     Subd. 2.  [COUNTY RESPONSIBILITY.] A Minnesota county board 
  4.12  may, by resolution, with approval of the commissioner of 
  4.13  agriculture, assume responsibility for processing applications 
  4.14  for permits required by the commissioner under this section for 
  4.15  livestock feedlots, poultry lots, or other animal lots.  The 
  4.16  responsibility for permit application processing, if assumed by 
  4.17  a county, may be delegated by the county board to any 
  4.18  appropriate county officer or employee.  
  4.19     The commissioner shall exercise supervising authority with 
  4.20  respect to the processing of animal lot permit applications by a 
  4.21  county. 
  4.22     Subd. 3.  [EXCEPTIONS.] For the purpose of administration 
  4.23  of rules adopted under this section, the commissioner may 
  4.24  provide exceptions for cases where the owner of a feedlot has 
  4.25  specific written plans to close the feedlot within five years.  
  4.26  These exceptions include waiving requirements for major capital 
  4.27  improvements. 
  4.28     Subd. 4.  [DISCHARGES.] (a) For purposes of this section, a 
  4.29  discharge caused by an extraordinary natural event such as a 
  4.30  precipitation event of greater magnitude than the 25-year, 
  4.31  24-hour event, tornado, or flood in excess of the 100-year flood 
  4.32  is not a "direct discharge of pollutants." 
  4.33     (b) For the purposes of feedlot permitting, a discharge 
  4.34  from land-applied manure or a manure stockpile that is managed 
  4.35  according to department rule must not be subject to a fine for a 
  4.36  discharge violation.  
  5.1      (c) For the purposes of feedlot permitting, manure that is 
  5.2   land applied, or a manure stockpile that is managed according to 
  5.3   agency rule, must not be considered a discharge into waters of 
  5.4   the state, unless the discharge is to waters of the state, as 
  5.5   defined in section 103G.005, subdivision 17, except type 1 or 
  5.6   type 2 wetlands, as defined in section 103G.005, subdivision 
  5.7   17b, and does not meet discharge standards established for 
  5.8   feedlots under department rule. 
  5.9      Subd. 5.  [COOPERATION.] The commissioner shall work with 
  5.10  the Minnesota extension service, the pollution control agency, 
  5.11  the board of water and soil resources, producer groups, local 
  5.12  units of government, as well as with appropriate federal 
  5.13  agencies such as the Natural Resources Conservation Service and 
  5.14  the Farm Service Agency, to notify and educate producers of 
  5.15  rules under this section at the time the rules are being 
  5.16  developed and adopted and at least every two years thereafter. 
  5.17     Subd. 6.  [RULES.] (a) The commissioner shall adopt rules 
  5.18  governing the issuance and denial of permits for livestock 
  5.19  feedlots, poultry lots, or other animal lots pursuant to this 
  5.20  section.  A feedlot permit is not required for livestock 
  5.21  feedlots with more than ten but less than 50 animal units; 
  5.22  provided they are not in shoreland areas.  A livestock feedlot 
  5.23  permit does not become required solely because of a change in 
  5.24  the ownership of the buildings, grounds, or feedlot.  These 
  5.25  rules apply both to permits issued by counties and to permits 
  5.26  issued by the commissioner.  
  5.27     (b) In adopting and enforcing rules under this section, the 
  5.28  commissioner shall cooperate closely with other governmental 
  5.29  agencies. 
  5.30     (c) Any new rules or amendments to existing rules proposed 
  5.31  under the authority granted in this section, or to implement new 
  5.32  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      (d) After the proposed rules published in the State 
  6.2   Register, volume 24, number 25, are finally adopted, the 
  6.3   commissioner may not impose additional conditions as a part of a 
  6.4   feedlot permit, unless specifically required by law or agreed to 
  6.5   by the feedlot operator. 
  6.6      Subd. 7.  [COUNTY ORDINANCES.] (a) A county may adopt by 
  6.7   ordinance standards for animal feedlots that are more stringent 
  6.8   than standards in department of agriculture rules. 
  6.9      (b) 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     Subd. 8.  [UPGRADES.] Unless the upgrade is needed to 
  6.16  correct an immediate public health threat under section 145A.04, 
  6.17  subdivision 8, the commissioner may not require a feedlot 
  6.18  operator: 
  6.19     (1) to spend more than $3,000 to upgrade an existing 
  6.20  feedlot with less than 300 animal units unless cost-share money 
  6.21  is available to the feedlot operator for 75 percent of the cost 
  6.22  of the upgrade; or 
  6.23     (2) to spend more than $10,000 to upgrade an existing 
  6.24  feedlot with between 300 and 500 animal units, unless cost-share 
  6.25  money is available to the feedlot operator for 75 percent of the 
  6.26  cost of the upgrade or $50,000, whichever is less. 
  6.27     Sec. 4.  [17.1354] [NOTICE OF APPLICATION FOR LIVESTOCK 
  6.28  FEEDLOT PERMIT.] 
  6.29     A person who applies to the commissioner of agriculture or 
  6.30  a county board for a permit to construct or expand a feedlot 
  6.31  with a capacity of 500 animal units or more shall, not later 
  6.32  than ten business days after the application is submitted, 
  6.33  provide notice to each resident and each owner of real property 
  6.34  within 5,000 feet of the perimeter of the proposed feedlot.  The 
  6.35  notice may be delivered by first class mail, in person, or by 
  6.36  publication in a newspaper of general circulation within the 
  7.1   affected area and must include information on the type of 
  7.2   livestock and the proposed capacity of the feedlot.  
  7.3   Notification under this section is satisfied under an equal or 
  7.4   greater notification requirement of a county conditional use 
  7.5   permit.  
  7.6      Sec. 5.  [17.1355] [LIVESTOCK ODOR.] 
  7.7      (a) The commissioner of agriculture must: 
  7.8      (1) monitor and identify potential livestock facility 
  7.9   violations of the state ambient air quality standards for 
  7.10  hydrogen sulfide, using a protocol for responding to citizen 
  7.11  complaints regarding feedlot odor and its hydrogen sulfide 
  7.12  component, including the appropriate use of portable monitoring 
  7.13  equipment that enables monitoring staff to follow plumes; 
  7.14     (2) when livestock production facilities are found to be in 
  7.15  violation of ambient hydrogen sulfide standards, take 
  7.16  appropriate actions necessary to ensure compliance, utilizing 
  7.17  appropriate technical assistance and enforcement and penalty 
  7.18  authorities provided to the commissioner by statute and rule. 
  7.19     (b) Livestock production facilities are exempt from state 
  7.20  ambient air quality standards while manure is being removed and 
  7.21  for seven days after manure is removed from barns or manure 
  7.22  storage facilities. 
  7.23     (c) For a livestock production facility having greater than 
  7.24  300 animal units, the maximum cumulative exemption in a calendar 
  7.25  year under paragraph (b) is 21 days for the removal process. 
  7.26     (d) The operator of a livestock production facility that 
  7.27  claims exemption from state ambient air quality standards under 
  7.28  paragraph (b) must provide notice of that claim to either the 
  7.29  commissioner or the county feedlot officer delegated under 
  7.30  section 17.1353. 
  7.31     (e) State ambient air quality standards are applicable at 
  7.32  the property boundary of a farm or a parcel of agricultural land 
  7.33  on which a livestock production facility is located, except that 
  7.34  if the owner or operator of the farm or parcel obtains an air 
  7.35  quality easement from the owner of land adjoining the farm or 
  7.36  parcel, the air quality standards must be applicable at the 
  8.1   property boundary of the adjoining land to which the easement 
  8.2   pertains.  The air quality easement must be for no more than 
  8.3   five years, must be in writing, and must be available upon 
  8.4   request by the commissioner or the county feedlot officer.  
  8.5   Notwithstanding the provisions of this paragraph, state ambient 
  8.6   air quality standards are applicable at locations to which the 
  8.7   general public has access.  The "general public" does not 
  8.8   include employees or other categories of people who have been 
  8.9   directly authorized by the property owner to enter or remain on 
  8.10  the property for a limited period of time and for a specific 
  8.11  purpose, or trespassers. 
  8.12     (f) The commissioner may not require air emission modeling 
  8.13  for a type of livestock system that has not had a hydrogen 
  8.14  sulfide emission violation. 
  8.15     Sec. 6.  Minnesota Statutes 2000, section 17.138, 
  8.16  subdivision 3, is amended to read: 
  8.17     Subd. 3.  [BEST MANAGEMENT PRACTICES.] The commissioner of 
  8.18  the pollution control agency, in consultation with the 
  8.19  commissioner pollution control agency and the feedlot and manure 
  8.20  management advisory committee, shall develop voluntary best 
  8.21  management practices for odor control at feedlots. 
  8.22     Sec. 7.  Minnesota Statutes 2000, section 35.82, 
  8.23  subdivision 2, is amended to read: 
  8.24     Subd. 2.  [DISPOSITION OF CARCASSES.] (a) Except as 
  8.25  provided in subdivision 1b and paragraph (d), every person 
  8.26  owning or controlling any domestic animal that has died or been 
  8.27  killed otherwise than by being slaughtered for human or animal 
  8.28  consumption, shall as soon as reasonably possible bury the 
  8.29  carcass at a depth adequate to prevent scavenging by other 
  8.30  animals in the ground or thoroughly burn it or dispose of it by 
  8.31  another method approved by the board as being effective for the 
  8.32  protection of public health and the control of livestock 
  8.33  diseases.  The board, through its executive director, may issue 
  8.34  permits to owners of rendering plants located in Minnesota which 
  8.35  are operated and conducted as required by law, to transport 
  8.36  carcasses of domestic animals and fowl that have died, or have 
  9.1   been killed otherwise than by being slaughtered for human or 
  9.2   animal consumption, over the public highways to their plants for 
  9.3   rendering purposes in accordance with the rules adopted by the 
  9.4   board relative to transportation, rendering, and other 
  9.5   provisions the board considers necessary to prevent the spread 
  9.6   of disease.  The board may issue permits to owners of rendering 
  9.7   plants located in an adjacent state with which a reciprocal 
  9.8   agreement is in effect under subdivision 3. 
  9.9      (b) Carcasses collected by rendering plants under permit 
  9.10  may be used for pet food or mink food if the owner or operator 
  9.11  meets the requirements of subdivision 1b. 
  9.12     (c) An authorized employee or agent of the board may enter 
  9.13  private or public property and inspect the carcass of any 
  9.14  domestic animal that has died or has been killed other than by 
  9.15  being slaughtered for human or animal consumption.  Failure to 
  9.16  dispose of the carcass of any domestic animal within the period 
  9.17  specified by this subdivision is a public nuisance.  The board 
  9.18  may petition the district court of the county in which a carcass 
  9.19  is located for a writ requiring the abatement of the public 
  9.20  nuisance.  A civil action commenced under this paragraph does 
  9.21  not preclude a criminal prosecution under this section.  No 
  9.22  person may sell, offer to sell, give away, or convey along a 
  9.23  public road or on land the person does not own, the carcass of a 
  9.24  domestic animal when the animal died or was killed other than by 
  9.25  being slaughtered for human or animal consumption unless it is 
  9.26  done with a special permit pursuant to this section.  The 
  9.27  carcass or parts of a domestic animal that has died or has been 
  9.28  killed other than by being slaughtered for human or animal 
  9.29  consumption may be transported along a public road for a medical 
  9.30  or scientific purpose if the carcass is enclosed in a leakproof 
  9.31  container to prevent spillage or the dripping of liquid waste.  
  9.32  The board may adopt rules relative to the transportation of the 
  9.33  carcass of any domestic animal for a medical or scientific 
  9.34  purpose.  A carcass on a public thoroughfare may be transported 
  9.35  for burial or other disposition in accordance with this section. 
  9.36     No person who owns or controls diseased animals shall 
 10.1   negligently or willfully permit them to escape from that control 
 10.2   or to run at large. 
 10.3      (d) A sheep producer may compost sheep carcasses owned by 
 10.4   the producer on the producer's land without a permit and is 
 10.5   exempt from compost facility specifications contained in rules 
 10.6   of the board. 
 10.7      (e) The board shall develop best management practices for 
 10.8   dead animal disposal and the pollution control agency department 
 10.9   of agriculture feedlot program shall distribute them to 
 10.10  livestock producers in the state. 
 10.11     Sec. 8.  Minnesota Statutes 2000, section 114C.21, 
 10.12  subdivision 8, is amended to read: 
 10.13     Subd. 8.  [MAJOR FACILITY.] "Major facility" means an 
 10.14  industrial or municipal wastewater discharge major facility as 
 10.15  defined in rules of the agency; a feedlot that is permitted for 
 10.16  1,000 or more animal units; a large quantity hazardous waste 
 10.17  generator as defined in rules of the agency; a hazardous waste 
 10.18  treatment, storage, or disposal facility that is required to 
 10.19  have a permit under the federal Resource Conservation and 
 10.20  Recovery Act, United States Code, title 42, section 6925; a 
 10.21  major stationary air emission source as defined in rules of the 
 10.22  agency; an air emission source that emits 50 or more tons per 
 10.23  year of any air pollutant regulated under rules of the agency; 
 10.24  or an air emission source that emits 75 tons or more per year of 
 10.25  all air pollutants regulated under rules of the agency. 
 10.26     Sec. 9.  Minnesota Statutes 2000, section 115.076, 
 10.27  subdivision 1, is amended to read: 
 10.28     Subdivision 1.  [AUTHORITY OF COMMISSIONER.] (a) The agency 
 10.29  may refuse to issue or to authorize the transfer of: 
 10.30     (1) a hazardous waste facility permit or a solid waste 
 10.31  facility permit to construct or operate a commercial waste 
 10.32  facility as defined in section 115A.03, subdivision 6, if the 
 10.33  agency determines that the permit applicant does not possess 
 10.34  sufficient expertise and competence to operate the facility in 
 10.35  conformance with the requirements of this chapter and chapters 
 10.36  114C and 116, or if other circumstances exist that demonstrate 
 11.1   that the permit applicant may not operate the facility in 
 11.2   conformance with the requirements of this chapter and chapters 
 11.3   114C and 116; or. 
 11.4      (2) an animal feedlot facility permit, under section 
 11.5   116.07, subdivision 7, to construct or operate an animal feedlot 
 11.6   facility, if the agency determines that the permit applicant 
 11.7   does not possess sufficient expertise and competence to operate 
 11.8   the feedlot facility in conformance with the requirements of 
 11.9   this chapter and chapter 116 or if other circumstances exist 
 11.10  that demonstrate that the permit applicant may not operate the 
 11.11  feedlot facility in conformance with the requirements of this 
 11.12  chapter and chapter 116.  
 11.13     (b) In making a determination under paragraph (a), the 
 11.14  agency may consider: 
 11.15     (1) the experience of the permit applicant in constructing 
 11.16  or operating commercial waste facilities or animal feedlot 
 11.17  facilities; 
 11.18     (2) the expertise of the permit applicant; 
 11.19     (3) the past record of the permit applicant in operating 
 11.20  commercial waste facilities or animal feedlot facilities in 
 11.21  Minnesota and other states; 
 11.22     (4) any criminal convictions of the permit applicant in 
 11.23  state or federal court during the past five years that bear on 
 11.24  the likelihood that the permit applicant will operate the 
 11.25  facility in conformance with the applicable requirements of this 
 11.26  chapter and chapters 114C and 116; and 
 11.27     (5) in the case of a corporation or business entity, any 
 11.28  criminal convictions in state or federal court during the past 
 11.29  five years of any of the permit applicant's officers, partners, 
 11.30  or facility managers that bear on the likelihood that the 
 11.31  facility will be operated in conformance with the applicable 
 11.32  requirements of this chapter and chapters 114C and 116. 
 11.33     Sec. 10.  Minnesota Statutes 2000, section 394.25, 
 11.34  subdivision 3c, is amended to read: 
 11.35     Subd. 3c.  [FEEDLOT ZONING ORDINANCES.] (a) A county 
 11.36  proposing to adopt a new feedlot ordinance or amend an existing 
 12.1   feedlot ordinance must notify the pollution control agency and 
 12.2   commissioner of agriculture at the beginning of the process. 
 12.3      (b) Prior to final approval of a feedlot ordinance, a 
 12.4   county board may submit a copy of the proposed ordinance to the 
 12.5   pollution control agency and to the commissioner of agriculture 
 12.6   and request review, comment, and preparation of a report on the 
 12.7   environmental and agricultural effects from specific provisions 
 12.8   in the ordinance.  
 12.9      (c) The report may include: 
 12.10     (1) any recommendations for improvements in the ordinance; 
 12.11  and 
 12.12     (2) the legal, social, economic, or scientific 
 12.13  justification for each recommendation under clause (1). 
 12.14     (d) A local ordinance that contains a setback for new 
 12.15  feedlots from existing residences must also provide for a new 
 12.16  residence setback from existing feedlots located in areas zoned 
 12.17  agricultural at the same distances and conditions specified in 
 12.18  the setback for new feedlots, unless the new residence is built 
 12.19  to replace an existing residence.  A county may grant a variance 
 12.20  from this requirement under section 394.27, subdivision 7. 
 12.21     Sec. 11.  Minnesota Statutes 2000, section 561.19, 
 12.22  subdivision 2, is amended to read: 
 12.23     Subd. 2.  [AGRICULTURAL OPERATION NOT A NUISANCE.] (a) An 
 12.24  agricultural operation is not and shall not become a private or 
 12.25  public nuisance after two years from its established date of 
 12.26  operation if the operation was not a nuisance at its established 
 12.27  date of operation.  
 12.28     (b) An agricultural operation is operating according to 
 12.29  generally accepted agricultural practices if it is located in an 
 12.30  agriculturally zoned area and complies with the provisions of 
 12.31  all applicable federal and state statutes and rules or any 
 12.32  issued permits for the operation. 
 12.33     (c) The provisions of this subdivision do not apply:  
 12.34     (1) to a condition or injury which results from the 
 12.35  negligent or improper operation of an agricultural operation or 
 12.36  from operations contrary to commonly accepted agricultural 
 13.1   practices or to applicable state or local laws, ordinances, 
 13.2   rules, or permits; 
 13.3      (2) when an agricultural operation causes injury or direct 
 13.4   threat of injury to the health or safety of any person; 
 13.5      (3) to the pollution of, or change in the condition of, the 
 13.6   waters of the state or the overflow of waters on the lands of 
 13.7   any person; 
 13.8      (4) to an animal feedlot facility with a swine capacity of 
 13.9   1,000 or more animal units as defined in the rules of the 
 13.10  pollution control agency department of agriculture for control 
 13.11  of pollution from animal feedlots, or a cattle capacity of 2,500 
 13.12  animals or more; or 
 13.13     (5) to any prosecution for the crime of public nuisance as 
 13.14  provided in section 609.74 or to an action by a public authority 
 13.15  to abate a particular condition which is a public nuisance. 
 13.16     Sec. 12.  [REPEALER.] 
 13.17     Minnesota Statutes 2000, sections 116.06, subdivision 4a; 
 13.18  116.07, subdivisions 7 and 7a; 116.0713; and 116.072, 
 13.19  subdivision 13, are repealed.