SSB 3152

BACKGROUND.102). An open feedlot operation (operation) is an unroofed or partially roofed area.112).312. An NMP refers to the original, complete document or the next complete version of the document subject to DNR approval. It may also refer to an annual update to the complete document as required by DNR. An NMP and update must be kept on site as part of the owner’s records. An NMP estimates effluent volume or weight produced from the operation and addresses agronomic rates of application in part based on nitrogen use and a phosphorus index. 208). An NMP is required for an operation having an animal unit capacity of at least 1,000 animal units (AUC).102).205) or a permit issued by DNR under the national pollutant discharge elimination system (NPDES) pursuant to the federal Water Pollution Control Act.201A).112). BILL’S PROVISIONS. The bill provides that an NMP (original or next complete version) or update subject to DNR approval is valid pending further action. Further action is limited to three circumstances. The first circumstance is when DNR has not notified the owner of its decision to approve or disapprove an NMP or update. In that case, the NMP remains valid until DNR notifies the owner of its decision. The second circumstance is when DNR notifies the owner of its approval of an NMP or update but the notice is in error. _____ remains valid until DNR notifies the owner of the error. The third circumstance is when DNR has notified the owner that it has decided to disapprove the NMP or update, and the owner objects to the DNR’s decision. In that case, the NMP remains valid until the owner has exhausted administrative remedies and judicial review. Finally, the bill provides that it is not to be construed to interfere with a continuance granted by DNR, a presiding officer in an administrative hearing, or a judge in a judicial proceeding. EFFECTIVE DATE. The bill takes effect upon enactment.