SF 4581

as introduced - 93rd Legislature (2023 - 2024) Posted on 04/29/2024 12:18pm

A bill for an act
relating to pollution control; modifying manure management plan requirements
for feedlots; establishing minimum setbacks and inspection frequencies; specifying
penalties for manure management plan violations; authorizing rulemaking;
appropriating money; amending Minnesota Statutes 2022, section 116.07, by
adding subdivisions.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2022, section 116.07, is amended by adding a subdivision
to read:

new text begin Subd. 7f. new text end

new text begin Manure management plans. new text end

new text begin (a) A manure management plan that satisfies
the requirements of this chapter and rules adopted by the commissioner under this chapter
is required for any feedlot capable of holding 500 or more animal units.
new text end

new text begin (b) Before approving a manure management plan, the commissioner must ensure that
all wells and application fields identified in or affected by the manure management plan
are tested for baseline nutrient load levels. Subsequent feedlot inspections must include
nutrient load testing of at least 50 percent of the wells and fields initially subjected to baseline
testing.
new text end

new text begin (c) The commissioner must make available in a digital and searchable format on the
agency's website a tool that allows the user to view the location of all land identified as
available for manure and process wastewater application in a manure management plan
approved by the commissioner or a delegated county. In addition to the location of all land
available for application, the tool must identify the size in animal units of the feedlot
associated with each plan, the type of animal raised at the feedlot, and the unit of government
with authority over the permitting and inspection of the feedlot and its manure management
plan.
new text end

new text begin (d) The owner of a feedlot capable of holding more than 500 animal units must pay to
the commissioner a fine of at least $5,000 for each violation of the feedlot's manure
management plan. In determining the fine amount, the commissioner must consider the
feedlot's size and the severity of the violation. Money collected by the commissioner under
this paragraph must be deposited in a dedicated account in the environmental fund and is
appropriated to the commissioner for projects that improve water quality in the feedlot's
watershed.
new text end

Sec. 2.

Minnesota Statutes 2022, section 116.07, is amended by adding a subdivision to
read:

new text begin Subd. 7g. new text end

new text begin Minimum setbacks. new text end

new text begin (a) A feedlot capable of holding more than 500 animal
units or a liquid manure storage area capable of storing manure produced by more than 500
animal units must be located at least 1,000 feet from a sinkhole.
new text end

new text begin (b) A liquid manure storage area capable of holding manure produced by more than 500
animal units must be located at least 2,000 feet from a municipal well or hospital.
new text end

new text begin (c) It is unlawful to spread liquid manure within 500 feet of a:
new text end

new text begin (1) sinkhole;
new text end

new text begin (2) residential well;
new text end

new text begin (3) stream, river, or creek or the floodplain boundary of any stream, river, or creek;
new text end

new text begin (4) lake, pond, or flowage over 25 acres in size; or
new text end

new text begin (5) a type 3, 4, or 5 wetland, as defined in section 103G.005, subdivision 17b, if
designated as shoreland by a county or the commissioner of natural resources.
new text end

Sec. 3.

Minnesota Statutes 2022, section 116.07, is amended by adding a subdivision to
read:

new text begin Subd. 7h. new text end

new text begin Feedlot inspection rates. new text end

new text begin (a) At a minimum, a delegated county must inspect
at least 20 percent of the feedlots under its jurisdiction each year.
new text end

new text begin (b) Feedlots under the jurisdiction of the commissioner must be inspected every year.
new text end

Sec. 4. new text begin RULEMAKING AUTHORIZED.
new text end

new text begin The commissioner of the Pollution Control Agency may amend Minnesota Rules, chapter
7020, to conform with section 1. The commissioner may use the good cause exemption
under Minnesota Statutes, section 14.388, subdivision 1, clause (3), and Minnesota Statutes,
section 14.386, does not apply except as provided under Minnesota Statutes, section 14.388.
new text end