Minnesota Session Laws - 2001, Regular Session

                            CHAPTER 128-S.F.No. 1659 
                  An act relating to agriculture; modifying provisions 
                  relating to feedlots; providing for a level 1 feedlot 
                  inventory; clarifying certain terms; providing for 
                  alternative methods of disposal of milkhouse process 
                  wastewaters; amending Minnesota Statutes 2000, 
                  sections 116.07, by adding a subdivision; 561.19, 
                  subdivision 1; proposing coding for new law in 
                  Minnesota Statutes, chapter 116. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2000, section 116.07, is 
        amended by adding a subdivision to read: 
           Subd. 7d.  [EXEMPTION.] Notwithstanding subdivision 7 or 
        Minnesota Rules, chapter 7020, to the contrary, and 
        notwithstanding the proximity to public or private waters, an 
        owner or resident of agricultural land on which livestock have 
        been allowed to pasture as defined by Minnesota Rules, chapter 
        7020, at any time during the ten-year period beginning January 
        1, 1990, is permanently exempt from requirements related to 
        feedlot or manure management on that land for so long as the 
        property remains in pasture. 
           Sec. 2.  [116.0711] [FEEDLOT PERMIT CONDITIONS.] 
           (a) The agency shall not require feedlot permittees to 
        maintain records as to rainfall or snowfall as a condition of a 
        general feedlot permit if the owner directs the commissioner or 
        agent of the commissioner to appropriate data on precipitation 
        maintained by a government agency or educational institution. 
           (b) A feedlot permittee shall give notice to the agency 
        when the permittee proposes to transfer ownership or control of 
        the feedlot to a new party.  The commissioner shall not 
        unreasonably withhold or unreasonably delay approval of any 
        transfer request.  This request shall be handled in accordance 
        with sections 116.07 and 15.992. 
           (c) The environmental quality board shall review and 
        recommend modifications to environmental review rules related to 
        phased actions and animal agriculture facilities.  The 
        environmental quality board shall report recommendations to the 
        chairs of the committees of the senate and house of 
        representatives with jurisdiction over agriculture and the 
        environment by January 15, 2002. 
           (d) If the owner of an animal feedlot requests an extension 
        for an application for a National Pollutant Discharge 
        Elimination permit or state disposal system permit by June 1, 
        2001, then the agency shall grant an extension for the 
        application to September 1, 2001. 
           (e) An animal feedlot in shoreland that has been unused may 
        resume operation after obtaining a permit from the agency or 
        county, regardless of the number of years that the feedlot was 
        unused. 
           Sec. 3.  [116.0712] [MODIFIED LEVEL ONE FEEDLOT 
        INVENTORY.] 
           (a) Except as provided in paragraph (b), a delegated county 
        that has completed a modified level 1 inventory that includes 
        facility location, approximate number of animal units, and 
        whether the facility is an open lot or confinement operation, 
        may report that information to the agency in aggregate.  A 
        feedlot that is included in an inventory meeting these criteria 
        has satisfied registration requirements under agency rule. 
           (b) A county must submit to the agency the complete 
        registration information for a feedlot having 1,000 animal units 
        or greater or a feedlot meeting the definition of a concentrated 
        animal feeding operation as defined in Code of Federal 
        Regulations, title 40, section 122.23. 
           Sec. 4.  Minnesota Statutes 2000, section 561.19, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [DEFINITIONS.] For the purposes of this 
        section, the following terms have the meanings given them:  
           (a) "Agricultural operation" means a facility and its 
        appurtenances for the production of crops, livestock, poultry, 
        dairy products or poultry products, but not a facility primarily 
        engaged in processing agricultural products.  
           (b) "Established date of operation" means the date on which 
        the agricultural operation commenced.  If the agricultural 
        operation is subsequently expanded or significantly altered, the 
        established date of operation for each expansion or alteration 
        is deemed to be the date of commencement of the expanded or 
        altered operation.  As used in this paragraph, "expanded or 
        significantly altered" means:  
           (1) an expansion by at least 25 percent in the amount of a 
        particular crop grown or the number of a particular kind of 
        animal or livestock located on an agricultural operation; or. 
           (2) a distinct change in the kind of agricultural 
        operation, as in changing from one kind of crop, livestock, 
        animal, or product to another, but not merely a change from one 
        generally accepted agricultural practice to another in producing 
        the same crop or product. "Significantly altered" does not mean: 
           (1) a transfer of an ownership interest to and held by 
        persons or the spouses of persons related to each other within 
        the third degree of kindred according to the rules of civil law 
        to the person making the transfer so long as at least one of the 
        related persons is actively operating the farm, or to a family 
        farm trust under section 500.24; 
           (2) temporary cessation or interruption of cropping 
        activities; 
           (3) adoption of new technologies; or 
           (4) a change in the crop product produced. 
           Sec. 5.  [REQUIRED RULE CHANGE; WASTEWATER FROM MILKHOUSES 
        ON SMALL DAIRIES.] 
           Not later than August 1, 2001, the commissioner of the 
        pollution control agency shall allow alternative methods for 
        disposal of milkhouse process wastewaters by a dairy operation 
        having 300 animal units or fewer.  The intent of this section is 
        to provide reasonable alternative means for small dairy 
        producers to dispose of milkhouse process wastewaters.  
        Allowable alternatives must include, among others, surface 
        discharge of process wastewaters onto agricultural land as 
        defined in Minnesota Statutes, section 103G.005, subdivision 2a, 
        except discharge into type 4, 5, 6, or 7 wetlands as defined in 
        Minnesota Statutes, section 103G.005, subdivision 17b. 
           Sec. 6.  [EFFECTIVE DATE.] 
           Sections 1 to 5 are effective the day following final 
        enactment. 
           Presented to the governor May 16, 2001 
           Signed by the governor May 18, 2001, 12:18 p.m.