Office of the Revisor of Statutes
Minnesota Session Laws - 2000, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 435-H.F.No. 3692
An act relating to agriculture; amending feedlot
permit provisions; providing for training and
certification; defining terms; providing a moratorium;
providing specific requirements for feedlot permit
rules; adding requirements for administrative penalty
orders; requiring a report, a study, and a plan;
amending Minnesota Statutes 1998, sections 116.06, by
adding a subdivision; 116.07, subdivision 7c; and
116.0713; Minnesota Statutes 1999 Supplement, sections
116.07, subdivision 7; and 116.072, subdivision 13;
Laws 1998, chapter 40, section 52; proposing coding
for new law in Minnesota Statutes, chapter 18C.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. [18C.432] [MANURE APPLICATOR EDUCATION AND
TRAINING.]
Subdivision 1. [EDUCATION AND TRAINING.] (a) The
commissioner shall develop, in conjunction with the University
of Minnesota extension service, innovative educational and
training programs addressing manure applicator concerns,
including water quality protection and the development of manure
management plans.
(b) The commissioner shall appoint educational planning
committees which must include representatives of industry.
(c) Specific current regulatory concerns must be discussed
and, if appropriate, incorporated into each training session.
(d) The commissioner may approve programs from private
industry and nonprofit organizations that meet minimum
requirements for education, training, and certification.
(e) The commissioner shall report to the house and senate
agriculture policy and funding committees by January 30, 2001,
with recommendations for training, examination, certification,
and costs of a private applicator manure certification program.
Subd. 2. [TRAINING MANUAL AND EXAMINATION
DEVELOPMENT.] The commissioner, in conjunction with the
University of Minnesota extension service, shall continually
revise and update manure applicator training manuals and
examinations. Questions in the examinations must be determined
by the commissioner. Manuals and examinations must include
manure management practices that discuss prevention of manure
occurrence in waters of the state.
Sec. 2. [18C.433] [PRIVATE MANURE APPLICATOR
CERTIFICATION.]
Subdivision 1. [REQUIREMENT.] Beginning January 1, 2005,
except for a commercial animal waste technician, only a
certified private manure applicator may apply animal waste from
a feedlot that:
(1) has a capacity of 300 animal units or more; and
(2) does not have an updated manure management plan that
meets the requirements of pollution control agency rules.
Subd. 2. [CERTIFICATION.] (a) The commissioner shall
prescribe certification requirements and provide training. The
training may be done in cooperation with other government
agencies and must be at least three hours in duration.
(b) A person must apply to the commissioner for
certification as a private manure applicator. The certification
expires March 1 of the third calendar year after the initial
year of certification.
(c) The commissioner shall issue a private manure
applicator card to a certified private manure applicator.
Subd. 3. [FEES.] (a) A person applying to be certified as
a private manure applicator must pay a nonrefundable $10
application fee.
(b) A $5 fee must be paid for the issuance of a duplicate
private manure applicator card.
Sec. 3. Minnesota Statutes 1998, section 116.06, is
amended by adding a subdivision to read:
Subd. 4a. [ANIMAL UNIT.] "Animal unit" means a unit of
measure used to compare differences in the production of animal
manure that employs as a standard the amount of manure produced
on a regular basis by a slaughter steer or heifer for an animal
feedlot or manure storage area calculated by multiplying the
number of animals of each type in clauses (1) to (9) by the
respective multiplication factor and summing the resulting
values for the total number of animal units. For purposes of
this chapter, the following multiplication factors apply:
(1) one mature dairy cow, whether milked or dry:
(i) over 1,000 pounds, 1.4 animal units; or
(ii) under 1,000 pounds, 1.0 animal unit;
(2) one cow and calf pair, 1.2 units;
(3) one calf, 0.2 unit;
(4) one slaughter steer, 1.0 animal unit;
(5) head of feeder cattle or heifer, 0.7 unit;
(6) one head of swine:
(i) over 300 pounds, 0.4 animal unit;
(ii) between 55 pounds and 300 pounds, 0.3 animal unit; and
(iii) under 55 pounds, 0.05 animal unit;
(7) one horse, 1.0 animal unit;
(8) one sheep or lamb, 0.1 animal unit;
(9) one chicken:
(i) one laying hen or broiler, if the facility has a liquid
manure system, 0.033 animal unit; or
(ii) one chicken if the facility has a dry manure system:
(A) over five pounds, 0.005 animal unit; or
(B) under five pounds, 0.003 animal unit;
(10) one turkey:
(i) over five pounds, 0.018 animal unit; or
(ii) under five pounds, 0.005 animal unit;
(11) one duck, 0.01 animal unit; and
(12) for animals not listed in clauses (1) to (8), the
number of animal units is the average weight of the animal in
pounds divided by 1,000 pounds.
Sec. 4. Minnesota Statutes 1999 Supplement, section
116.07, subdivision 7, is amended to read:
Subd. 7. [COUNTIES; PROCESSING OF APPLICATIONS FOR ANIMAL
LOT PERMITS.] Any Minnesota county board may, by resolution,
with approval of the pollution control agency, assume
responsibility for processing applications for permits required
by the pollution control agency under this section for livestock
feedlots, poultry lots or other animal lots. The responsibility
for permit application processing, if assumed by a county, may
be delegated by the county board to any appropriate county
officer or employee.
(a) For the purposes of this subdivision, the term
"processing" includes:
(1) the distribution to applicants of forms provided by the
pollution control agency;
(2) the receipt and examination of completed application
forms, and the certification, in writing, to the pollution
control agency either that the animal lot facility for which a
permit is sought by an applicant will comply with applicable
rules and standards, or, if the facility will not comply, the
respects in which a variance would be required for the issuance
of a permit; and
(3) rendering to applicants, upon request, assistance
necessary for the proper completion of an application.
(b) For the purposes of this subdivision, the term
"processing" may include, at the option of the county board,
issuing, denying, modifying, imposing conditions upon, or
revoking permits pursuant to the provisions of this section or
rules promulgated pursuant to it, subject to review, suspension,
and reversal by the pollution control agency. The pollution
control agency shall, after written notification, have 15 days
to review, suspend, modify, or reverse the issuance of the
permit. After this period, the action of the county board is
final, subject to appeal as provided in chapter 14. For permit
applications filed after October 1, 2001, section 15.99 applies
to feedlot permits issued by the agency or a county pursuant to
this subdivision.
(c) For the purpose of administration of rules adopted
under this subdivision, the commissioner and the agency may
provide exceptions for cases where the owner of a feedlot has
specific written plans to close the feedlot within five years.
These exceptions include waiving requirements for major capital
improvements.
(d) For purposes of this subdivision, a discharge caused by
an extraordinary natural event such as a precipitation event of
greater magnitude than the 25-year, 24-hour event, tornado, or
flood in excess of the 100-year flood is not a "direct discharge
of pollutants."
(e) In adopting and enforcing rules under this subdivision,
the commissioner shall cooperate closely with other governmental
agencies.
(f) The pollution control agency shall work with the
Minnesota extension service, the department of agriculture, the
board of water and soil resources, producer groups, local units
of government, as well as with appropriate federal agencies such
as the Natural Resources Conservation Service and the Farm
Service Agency, to notify and educate producers of rules under
this subdivision at the time the rules are being developed and
adopted and at least every two years thereafter.
(g) The pollution control agency shall adopt rules
governing the issuance and denial of permits for livestock
feedlots, poultry lots or other animal lots pursuant to this
section. A feedlot permit is not required for livestock
feedlots with more than ten but less than 50 animal units;
provided they are not in shoreland areas. A livestock feedlot
permit does not become required solely because of a change in
the ownership of the buildings, grounds, or feedlot. These
rules apply both to permits issued by counties and to permits
issued by the pollution control agency directly.
(h) The pollution control agency shall exercise supervising
authority with respect to the processing of animal lot permit
applications by a county.
(i) Any new rules or amendments to existing rules proposed
under the authority granted in this subdivision, or to implement
new fees on animal feedlots, must be submitted to the members of
legislative policy and finance committees with jurisdiction over
agriculture and the environment prior to final adoption. The
rules must not become effective until 90 days after the proposed
rules are submitted to the members.
(j) Until new rules are adopted that provide for plans for
manure storage structures, any plans for a liquid manure storage
structure must be prepared or approved by a registered
professional engineer or a United States Department of
Agriculture, Natural Resources Conservation Service employee.
(k) A county may adopt by ordinance standards for animal
feedlots that are more stringent than standards in pollution
control agency rules.
(l) After January 1, 2001, a county that has not accepted
delegation of the feedlot permit program must hold a public
meeting prior to the agency issuing a feedlot permit for a
feedlot facility with 300 or more animal units, unless another
public meeting has been held with regard to the feedlot facility
to be permitted.
(m) After the proposed rules published in the State
Register, volume 24, number 25, are finally adopted, the agency
may not impose additional conditions as a part of a feedlot
permit, unless specifically required by law or agreed to by the
feedlot operator.
(n) For the purposes of feedlot permitting, a discharge
from land-applied manure or a manure stockpile that is managed
according to agency rule must not be subject to a fine for a
discharge violation.
(o) For the purposes of feedlot permitting, manure that is
land applied, or a manure stockpile that is managed according to
agency rule, must not be considered a discharge into waters of
the state, unless the discharge is to waters of the state, as
defined by section 103G.005, subdivision 17, except type 1 or
type 2 wetlands, as defined in section 103G.005, subdivision
17b, and does not meet discharge standards established for
feedlots under agency rule.
(p) Unless the upgrade is needed to correct an immediate
public health threat under section 145A.04, subdivision 8, the
agency may not require a feedlot operator:
(1) to spend more than $3,000 to upgrade an existing
feedlot with less than 300 animal units unless cost-share money
is available to the feedlot operator for 75 percent of the cost
of the upgrade; or
(2) to spend more than $10,000 to upgrade an existing
feedlot with between 300 and 500 animal units, unless cost-share
money is available to the feedlot operator for 75 percent of the
cost of the upgrade or $50,000, whichever is less.
Sec. 5. Minnesota Statutes 1998, section 116.07,
subdivision 7c, is amended to read:
Subd. 7c. [NPDES PERMITTING REQUIREMENTS.] (a) The agency
must issue National Pollutant Discharge Elimination System
permits for feedlots with 1,000 animal units or more and that
meet the definition of a "concentrated animal feeding operation"
in Code of Federal Regulations, title 40, section 122.23, based
on the following schedule:
(1) for applications received after April 22, 1998, a
permit for a newly constructed or expanded animal feedlot with
2,000 or more animal units must be issued as an individual
permit;
(2) for applications received after January 1, 1999, a
permit for a newly constructed or expanded animal feedlot with
between 1,000 and 2,000 animal units that is identified as a
priority by the commissioner, using criteria established under
paragraph (e) (d), must be issued as an individual permit; and
(3) (2) after January 1, 2001, all an existing feedlots
with 1,000 or more animal units feedlot that is identified as a
priority by the commissioner, using criteria established under
paragraph (e) must be issued as an individual or general
National Pollutant Discharge Elimination System permit.; and
(b) By October 1, 1999, (3) the agency must issue a general
National Pollutant Discharge Elimination System permit for
animal feedlots with between 1,000 and 2,000 animal units that
are not identified under paragraph (a), clause (1) or (2).
(c) (b) Prior to the issuance of a general National
Pollutant Discharge Elimination System permit for a category of
animal feedlot facility permittees, the agency must hold at
least one public hearing on the permit issuance.
(d) (c) To the extent practicable, the agency must include
a public notice and comment period for an individual National
Pollutant Discharge Elimination System permit concurrent with
any public notice and comment for:
(1) the purpose of environmental review of the same
facility under chapter 116D; or
(2) the purpose of obtaining a conditional use permit from
a local unit of government where the local government unit is
the responsible governmental unit for purposes of environmental
review under chapter 116D.
(e) By January 1, 1999, (d) The commissioner, in
consultation with the feedlot and manure management advisory
committee, created under section 17.136, and other interested
parties must develop criteria for determining whether an
individual National Pollutant Discharge Elimination System
permit is required under paragraph (a), clause (2), for an
animal feedlot with between 1,000 and 2,000 animal units (1).
The criteria must be based on proximity to waters of the state,
facility design, and other site-specific environmental factors.
(f) By January 1, 2000, (e) The commissioner, in
consultation with the feedlot and manure management advisory
committee, created under section 17.136, and other interested
parties must develop criteria for determining whether an
individual National Pollutant Discharge Elimination System
permit is required for an existing animal feedlot, under
paragraph (a), clause (3) (2). The criteria must be based on
violations and other compliance problems at the facility.
(f) The commissioner, in consultation with the feedlot and
manure management advisory committee, created under section
17.136, and other interested parties must develop criteria for
determining when an individual National Pollutant Discharge
Elimination System permit is transferred from individual to
general permit status.
(g) Notwithstanding the provisions in paragraph (a), until
January 1, 2001, the commissioner may issue an individual
National Pollutant Discharge Elimination System permit for an
animal feedlot. After the general permit is issued and the
criteria under paragraphs (d) and (e) are developed, individual
permits issued pursuant to this paragraph that do not fit the
criteria for an individual permit under the applicable
provisions of paragraph (d) or (e) must be transferred to
general permit status.
(h) The commissioner, in consultation with the feedlot and
manure management advisory committee, created under section
17.136, and other interested parties must develop criteria for
determining which feedlots are required to apply for and obtain
a National Pollutant Discharge Elimination System permit and
which feedlots are required to apply for and obtain a state
disposal system permit based upon the actual or potential to
discharge.
Sec. 6. Minnesota Statutes 1998, section 116.0713, is
amended to read:
116.0713 [LIVESTOCK ODOR.]
(a) The pollution control agency must:
(1) monitor and identify potential livestock facility
violations of the state ambient air quality standards for
hydrogen sulfide, using a protocol for responding to citizen
complaints regarding feedlot odor and its hydrogen sulfide
component, including the appropriate use of portable monitoring
equipment that enables monitoring staff to follow plumes;
(2) when livestock production facilities are found to be in
violation of ambient hydrogen sulfide standards, take
appropriate actions necessary to ensure compliance, utilizing
appropriate technical assistance and enforcement and penalty
authorities provided to the agency by statute and rule.
(b) Livestock production facilities are exempt from state
ambient air quality standards while manure is being removed and
for seven days after manure is removed from barns or manure
storage facilities.
(c) For a livestock production facility having greater than
300 animal units, the maximum cumulative exemption in a calendar
year under paragraph (b) is 21 days for the removal process.
(d) The operator of a livestock production facility that
claims exemption from state ambient air quality standards under
paragraph (b) must provide notice of that claim to either the
pollution control agency or the county feedlot officer delegated
under section 116.07.
(e) State ambient air quality standards are applicable at
the property boundary of a farm or a parcel of agricultural land
on which a livestock production facility is located, except that
if the owner or operator of the farm or parcel obtains an air
quality easement from the owner of land adjoining the farm or
parcel, the air quality standards must be applicable at the
property boundary of the adjoining land to which the easement
pertains. The air quality easement must be for no more than
five years, must be in writing, and must be available upon
request by the agency or the county feedlot officer.
Notwithstanding the provisions of this paragraph, state ambient
air quality standards are applicable at locations to which the
general public has access. The "general public" does not
include employees or other categories of people who have been
directly authorized by the property owner to enter or remain on
the property for a limited period of time and for a specific
purpose, or trespassers.
(f) The agency may not require air emission modeling for a
type of livestock system that has not had a hydrogen sulfide
emission violation.
Sec. 7. Minnesota Statutes 1999 Supplement, section
116.072, subdivision 13, is amended to read:
Subd. 13. [FEEDLOT ADMINISTRATIVE PENALTY ORDERS.] (a)
Prior to the commissioner proposing an administrative penalty
order to a feedlot operator for a violation of feedlot laws or
rules, the agency staff who will determine if a penalty is
appropriate and who will determine the size of the penalty shall
offer to meet with the feedlot operator to discuss the
violation, and to allow the feedlot operator to present any
information that may affect any agency decisions on the
administrative penalty order.
(b) Notwithstanding subdivision 5, for serious feedlot law
or rule violations for which an administrative penalty order is
issued under this section, not less than 75 percent of the
penalty may must be forgiven if:
(1) the abated penalty is used for approved measures to
mitigate the violation for which the administrative penalty
order was issued or for environmental improvements to the farm;
and
(2) the commissioner determines that the violation has been
corrected or that appropriate steps are being taken to correct
the action.
Sec. 8. Laws 1998, chapter 401, section 52, is amended to
read:
Sec. 52. [PERMIT REQUIREMENTS.]
Until June 30, 2000 six months after preparation and final
approval by the environmental quality board of the generic
environmental impact statement required under Laws 1998, chapter
366, section 86, subdivision 2, or June 1 following approval of
the statement, whichever date is later, neither the pollution
control agency nor a county board may issue a permit for the
construction of an open-air clay, earthen, or flexible membrane
lined swine waste lagoon. This section does not apply to repair
or modification related to an environmental improvement of an
existing lagoon.
Sec. 9. [TIMELY RESPONSE TO PERMIT APPLICATIONS; REPORT ON
NEEDS.]
If the agency determines that it is unable to accomplish
timely response to animal feedlot permit applications under
Minnesota Statutes, section 15.99, using existing resources, the
commissioner shall, not later than October 15, 2000, report to
the commissioner of finance and the environment and agriculture
policy and finance committees of the senate and house of
representatives on the additional resources needed to accomplish
timely response.
Sec. 10. [RULES FOR ANIMAL FEEDLOTS AND STORAGE,
TRANSPORTATION, AND UTILIZATION OF MANURE.]
(a) The pollution control agency shall amend the proposed
permanent rules relating to animal feedlots and storage,
transportation, and utilization of manure, published in the
State Register, volume 24, number 25, pages 848 to 884, December
20, 1999, according to this section and pursuant to Minnesota
Statutes, section 14.388.
(b) The agency shall remove the following provisions of the
proposed rules:
(1) restrictions on the pasturing of animals, including
winter feeding areas that comply with Minnesota Statutes,
section 116.07, subdivision 7, paragraph (o);
(2) the requirement for a manure management plan, except in
the case of a feedlot requiring a feedlot permit;
(3) the inclusion in the animal unit definition of manure
that is produced by animals that are not owned or managed by the
person who accepts manure from another party; and
(4) the requirement that a feedlot must include a pollution
prevention plan as part of their feedlot permit application.
(c) In the rules, the agency shall not require:
(1) a feedlot operator to remove manure packs and mounding,
except as necessary to prevent pollution;
(2) information on the permit application that is not
specifically required in the rules, unless the feedlot operator
will be using a new technology;
(3) more than the following information on the newspaper
notification of proposed construction or expansion:
(i) name of the owner or owners;
(ii) name of the facility;
(iii) location of the facility by county, township,
section, or quarter-section;
(iv) species of livestock and total animal units; and
(v) type of building and manure storage system;
(4) the regulation of process-generated wastewater, unless
it contains manure;
(5) that a feedlot must be issued an individual state
disposal system permit, unless the feedlot meets the criteria
established for individual permits under Minnesota Statutes,
section 116.07, subdivision 7c; and
(6) registration or a permit for a livestock facility
located on county fairgrounds.
(d) In the rules, the agency shall:
(1) include a registration notice provision requiring the
permitting authority to notify feedlot operators at least 90
days prior to the reregistration deadline;
(2) include a provision requiring that a receipt of
registration be sent back to the feedlot operator within 30 days
of receipt of the registration by the agency or the delegated
county;
(3) provide that feedlot permits remain in effect until a
new permit is issued by the agency or a county;
(4) provide that location restrictions for schools and
child care centers apply only to licensed child care centers,
the public schools defined in Minnesota Statutes, section
120A.05, and private schools, excluding home school sites;
(5) allow for compliance with interim corrective measures
for eligible open lots by October 1, 2005, and final compliance
by October 1, 2010;
(6) allow direct notification of a feedlot permit
application in lieu of the newspaper notification as provided in
Minnesota Statutes, section 116.07, subdivision 7a;
(7) allow a short-term stockpile site for 365 days;
(8) include only a general reference that the rules do not
preempt the adoption or enforcement of zoning ordinances or
plans by counties, townships, or cities;
(9) allow manure storage facility specifications that are
proposed by a registered professional engineer or a United
States Department of Agriculture, Natural Resources Conservation
Service employee and that meet federal and state discharge and
water quality restrictions;
(10) include an exemption from the prohibition on reuse of
a short-term stockpiling site in the preceding or following
calendar years for a site where manure is stockpiled for less
than ten days and the site is not used as a stockpile site for
more than six times in a calendar year; and
(11) provide that the management of nutrients from manure
can be consistent with guidelines, definitions, or
recommendations published by the University of Minnesota or
another land grant college in a contiguous state.
Sec. 11. [FEEDLOT UPGRADES; REPORT, FINANCIAL ASSISTANCE.]
(a) The commissioner of agriculture, in close collaboration
with the commissioner of the pollution control agency and in
consultation with the commissioner of finance and a
representative of the board of water and soil resources, shall
study the need for state financial assistance by operators of
feedlots with a capacity of less than 1,000 animal units
required to upgrade facilities under proposed livestock feedlot
rules published in the State Register, volume 24, number 25.
(b) The study must identify the specific financial needs of
operators of feedlots with capacities:
(1) less than 100 animal units;
(2) more than 100 but less than 300 animal units; and
(3) more than 300 but less than 500 animal units.
(c) Not later than February 1, 2001, the commissioner of
agriculture shall report the findings of the study to the
standing committees of the senate and house of representatives
with jurisdiction over agriculture and environment policy issues
and budgeting. The report must include recommendations to the
legislature on anticipated state costs to provide matching funds
for feedlot upgrades under Minnesota Statutes, section 116.07,
subdivision 7, paragraph (p).
Sec. 12. [MORATORIUM ON UPGRADE REQUIREMENTS FOR SMALL
FEEDLOTS.]
Until the funding proposal for feedlots with a capacity
less than 100 animal units required by section 11 has been
enacted and funding under the proposal has been made available,
the pollution control agency may not require the operator of an
existing feedlot with less than 100 animal units to upgrade the
feedlot, unless cost-share money is available to the feedlot
operator for 75 percent of the cost of the upgrade or the
upgrade is needed to correct an immediate public health threat
under Minnesota Statutes, section 145A.04, subdivision 8.
Sec. 13. [WORKGROUP; REPORT.]
The commissioner of the pollution control agency shall
convene a workgroup consisting of representatives from Natural
Resources Conservation Services and private sector licensed
professional engineers, including individuals with expertise in
hydraulics, structural systems, and geology, to review and
propose design standards for liquid manure storage facilities in
areas susceptible to soil collapse and sinkhole formation. This
review shall include an evaluation of whether such standards
should be volume based or animal unit based. The commissioner
shall submit the findings and recommendations of the workgroup
to the senate and house agriculture and rural development
committees by October 31, 2000.
Sec. 14. [PRIVATE MANURE APPLICATOR EDUCATION AND TRAINING
PLAN.]
(a) The commissioner of agriculture shall study and develop
a plan, in conjunction with the University of Minnesota
extension service, for innovative educational and training
programs addressing manure applicator concerns, including water
quality protection and the development of manure management
plans.
(b) The commissioner shall appoint educational planning
committees, which must include representatives of industry.
(c) Specific current regulatory concerns must be discussed
and, if appropriate, incorporated into the plan.
(d) The commissioner may consider programs from private
industry and nonprofit organizations that meet minimum
requirements for education, training, and certification.
Sec. 15. [EFFECTIVE DATE.]
Sections 1 to 14 are effective the day following final
enactment.
Presented to the governor April 20, 2000
Signed by the governor April 24, 2000, 1:40 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes