1st Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to agriculture; clarifying the definition of 1.3 pastures for the purpose of animal feedlot regulation; 1.4 amending Minnesota Statutes 2000, section 116.07, 1.5 subdivision 7. 1.6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.7 Section 1. Minnesota Statutes 2000, section 116.07, 1.8 subdivision 7, is amended to read: 1.9 Subd. 7. [COUNTIES; PROCESSING OF APPLICATIONS FOR ANIMAL 1.10 LOT PERMITS.] Any Minnesota county board may, by resolution, 1.11 with approval of the pollution control agency, assume 1.12 responsibility for processing applications for permits required 1.13 by the pollution control agency under this section for livestock 1.14 feedlots, poultry lots, or other animal lots. The 1.15 responsibility for permit application processing, if assumed by 1.16 a county, may be delegated by the county board to any 1.17 appropriate county officer or employee. 1.18 (a) For the purposes of this subdivision, the term 1.19 "processing" includes: 1.20 (1) the distribution to applicants of forms provided by the 1.21 pollution control agency; 1.22 (2) the receipt and examination of completed application 1.23 forms, and the certification, in writing, to the pollution 1.24 control agency either that the animal lot facility for which a 1.25 permit is sought by an applicant will comply with applicable 2.1 rules and standards, or, if the facility will not comply, the 2.2 respects in which a variance would be required for the issuance 2.3 of a permit; and 2.4 (3) rendering to applicants, upon request, assistance 2.5 necessary for the proper completion of an application. 2.6 (b) For the purposes of this subdivision, the term 2.7 "processing" may include, at the option of the county board, 2.8 issuing, denying, modifying, imposing conditions upon, or 2.9 revoking permits pursuant to the provisions of this section or 2.10 rules promulgated pursuant to it, subject to review, suspension, 2.11 and reversal by the pollution control agency. The pollution 2.12 control agency shall, after written notification, have 15 days 2.13 to review, suspend, modify, or reverse the issuance of the 2.14 permit. After this period, the action of the county board is 2.15 final, subject to appeal as provided in chapter 14. For permit 2.16 applications filed after October 1, 2001, section 15.99 applies 2.17 to feedlot permits issued by the agency or a county pursuant to 2.18 this subdivision. 2.19 (c) For the purpose of administration of rules adopted 2.20 under this subdivision, the commissioner and the agency may 2.21 provide exceptions for cases where the owner of a feedlot has 2.22 specific written plans to close the feedlot within five years. 2.23 These exceptions include waiving requirements for major capital 2.24 improvements. 2.25 (d) For purposes of this subdivision, a discharge caused by 2.26 an extraordinary natural event such as a precipitation event of 2.27 greater magnitude than the 25-year, 24-hour event, tornado, or 2.28 flood in excess of the 100-year flood is not a "direct discharge 2.29 of pollutants." 2.30 (e) In adopting and enforcing rules under this subdivision, 2.31 the commissioner shall cooperate closely with other governmental 2.32 agencies. 2.33 (f) The pollution control agency shall work with the 2.34 Minnesota extension service, the department of agriculture, the 2.35 board of water and soil resources, producer groups, local units 2.36 of government, as well as with appropriate federal agencies such 3.1 as the Natural Resources Conservation Service and the Farm 3.2 Service Agency, to notify and educate producers of rules under 3.3 this subdivision at the time the rules are being developed and 3.4 adopted and at least every two years thereafter. 3.5 (g) The pollution control agency shall adopt rules 3.6 governing the issuance and denial of permits for livestock 3.7 feedlots, poultry lots, or other animal lots pursuant to this 3.8 section. Pastures are exempt from the rules authorized under 3.9 this paragraph. A feedlot permit is not required for livestock 3.10 feedlots with more than ten but less than 50 animal units; 3.11 provided they are not in shoreland areas. A livestock feedlot 3.12 permit does not become required solely because of a change in 3.13 the ownership of the buildings, grounds, or feedlot. These 3.14 rules apply both to permits issued by counties and to permits 3.15 issued by the pollution control agency directly. 3.16 (h) The pollution control agency shall exercise supervising 3.17 authority with respect to the processing of animal lot permit 3.18 applications by a county. 3.19 (i) Any new rules or amendments to existing rules proposed 3.20 under the authority granted in this subdivision, or to implement 3.21 new fees on animal feedlots, must be submitted to the members of 3.22 legislative policy and finance committees with jurisdiction over 3.23 agriculture and the environment prior to final adoption. The 3.24 rules must not become effective until 90 days after the proposed 3.25 rules are submitted to the members. 3.26 (j) Until new rules are adopted that provide for plans for 3.27 manure storage structures, any plans for a liquid manure storage 3.28 structure must be prepared or approved by a registered 3.29 professional engineer or a United States Department of 3.30 Agriculture, Natural Resources Conservation Service employee. 3.31 (k) A county may adopt by ordinance standards for animal 3.32 feedlots that are more stringent than standards in pollution 3.33 control agency rules. 3.34 (l) After January 1, 2001, a county that has not accepted 3.35 delegation of the feedlot permit program must hold a public 3.36 meeting prior to the agency issuing a feedlot permit for a 4.1 feedlot facility with 300 or more animal units, unless another 4.2 public meeting has been held with regard to the feedlot facility 4.3 to be permitted. 4.4 (m) After the proposed rules published in the State 4.5 Register, volume 24, number 25, are finally adopted, the agency 4.6 may not impose additional conditions as a part of a feedlot 4.7 permit, unless specifically required by law or agreed to by the 4.8 feedlot operator. 4.9 (n) For the purposes of feedlot permitting, a discharge 4.10 from land-applied manure or a manure stockpile that is managed 4.11 according to agency rule must not be subject to a fine for a 4.12 discharge violation. 4.13 (o) For the purposes of feedlot permitting, manure that is 4.14 land applied, or a manure stockpile that is managed according to 4.15 agency rule, must not be considered a discharge into waters of 4.16 the state, unless the discharge is to waters of the state, as 4.17 defined by section 103G.005, subdivision 17, except type 1 or 4.18 type 2 wetlands, as defined in section 103G.005, subdivision 4.19 17b, and does not meet discharge standards established for 4.20 feedlots under agency rule. 4.21 (p) Unless the upgrade is needed to correct an immediate 4.22 public health threat under section 145A.04, subdivision 8, or 4.23 the facility is designated as a concentrated animal feeding 4.24 operation under the Code of Federal Regulations, title 40, 4.25 section 122.23, in effect on January 1, 2002, the agency may not 4.26 require a feedlot operator: 4.27 (1) to spend more than $3,000 to upgrade an existing 4.28 feedlot with less than 300 animal units unless cost-share money 4.29 is available to the feedlot operator for 75 percent of the cost 4.30 of the upgrade; or 4.31 (2) to spend more than $10,000 to upgrade an existing 4.32 feedlot with between 300 and 500 animal units, unless cost-share 4.33 money is available to the feedlot operator for 75 percent of the 4.34 cost of the upgrade or $50,000, whichever is less. 4.35 (q) For the purposes of this section, "pastures" means 4.36 areas where grass or other growing plants are used for grazing 5.1 and where the concentration of animals is such that a vegetation 5.2 cover is maintained during the growing season, except that 5.3 vegetation cover is not required: 5.4 (1) in the immediate vicinity of supplemental feeding or 5.5 watering devices; 5.6 (2) in associated corrals and chutes where livestock are 5.7 gathered for the purpose of sorting, veterinary services, 5.8 loading and unloading trucks and trailers, and other necessary 5.9 activities related to good animal husbandry practices; and 5.10 (3) in associated livestock access lanes used to convey 5.11 livestock to and from areas of the pasture. 5.12 Sec. 2. [PASTURE CLARIFICATION REPORT.] 5.13 By January 15, 2003, the commissioner of the pollution 5.14 control agency shall report to the senate and house of 5.15 representatives committees with jurisdiction over agriculture 5.16 and environment policy on options and recommendations for 5.17 clarifying the pasture exemption to the feedlot permit program 5.18 under Minnesota Statutes, section 116.07, subdivision 7. The 5.19 commissioner shall work with interested individuals and 5.20 organizations in developing the options and recommendations. 5.21 The report must include, but is not limited to: 5.22 (1) specific criteria for winter feeding areas that are 5.23 considered pasture under Laws 2000, chapter 435, section 10, 5.24 paragraph (b), clause (1); and 5.25 (2) criteria to better define "immediate vicinity" for the 5.26 purpose of the pasture definition in section 1.