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Minnesota Administrative Rules

7020.2005 LOCATION RESTRICTIONS AND EXPANSION LIMITATIONS.

Subpart 1.

Location restrictions.

Except as provided in items A and B, a new animal feedlot or a manure storage area must not be constructed within shoreland, a floodplain, 300 feet of a sinkhole, 100 feet of a private well, or 1,000 feet of a community water supply well or other wells serving a public school as defined under Minnesota Statutes, section 120A.05, a private school excluding home school sites, or a licensed child care center where the well is vulnerable according to part 4720.5550, subpart 2.

A.

An animal feedlot or a manure storage area located in shoreland meeting the requirements of part 7020.0300, subpart 15, item B:

(1)

that has been unused for less than ten years is a pollution hazard and may resume operation after applying for and obtaining an interim permit under part 7020.0405, subpart 1, item C; or

(2)

that has been unused for ten years or more must not resume operation.

B.

A new animal feedlot or manure storage area may be constructed within 1,000 feet of a community water supply well or other well serving a public school as defined under Minnesota Statutes, section 120A.05, a private school excluding home school sites, or a licensed child care center if the following three conditions are met:

(1)

the Minnesota Department of Health has approved a drinking water supply management area for the well under part 4720.5360;

(2)

the animal feedlot or manure storage area is not within the drinking water supply management area; and

(3)

the animal feedlot or manure storage area is not within 200 feet of the well.

Subp. 2.

Shoreland expansion limitations.

An existing animal feedlot or manure storage area located in shoreland may not expand to a capacity of 1,000 animal units or more or the manure produced by 1,000 animal units or more. An existing animal feedlot or a manure storage area expanding in shoreland shall not locate any portion of the expanded animal feedlot or the manure storage area closer to the ordinary high water mark than any existing portion of the animal feedlot or the manure storage area.

Subp. 3.

Floodplain expansion limitations.

An existing animal feedlot or a manure storage area located in a floodplain may not expand.

Statutory Authority:

MS s 115.03; 116.07; 122.23

History:

25 SR 834

Published Electronically:

October 27, 2003

700 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155 ♦ Phone: (651) 296-2868 ♦ TTY: 1-800-627-3529 ♦ Fax: (651) 296-0569