Relating to animal feeding operations by providing for certain air and water quality regulations, including when two or more related confinement feeding operations are deemed to be a single operation, making penalties applicable, and including effective date and applicability provisions

BACKGROUND —— ADJACENCY. For purposes of air quality regulation, two or more animal feeding operations under common ownership or management are deemed to be a single animal feeding operation if they are adjacent or utilize a common system for manure storage and are separated within a minimum distance from each other based on the size of the operation. For purposes of water quality regulation, two or more animal feeding operations under common ownership or management are deemed to be a single operation if they are adjacent or utilize a common area or system for manure disposal and are separated by another set of separation distances based on the size of the operation. BACKGROUND —— AUC. AUC refers to a measurement used to determine the maximum number of animal units that may be maintained as part of an animal feeding operation at any one time. In calculating AUC, a special equivalency factor is assigned for each classification of confined animal. BILL’S PROVISIONS —— RELATED CONFINEMENT FEEDING OPERATION. The bill provides that for purposes of administering and enforcing Code chapter 459, subchapter II, providing for air quality regulations and Code chapter 459, subchapter III, providing for water quality regulations, two or more operations are deemed to be a single operation if they are (1) under common ownership or management and are located on adjacent land or utilize a common area or system for manure application or (2) they are related. The operations are related if a structure that is part of one operation is separated by less than 2,500 feet from a structure that is part of the other operation and certain alternative conditions apply. The first condition occurs if the confinement feeding operations utilize some common method of manure storage or common area or system for manure disposal. The second condition occurs when the confinement feeding operations utilize a common item or service such as a private road, private water well, utility connection, or other personal property described by DNR rule. The third condition occurs when the same person holds a legal or equitable interest in the real property where the operations are located. If the person is a business entity, the business entity’s interest is attributable to any person who owns an interest in the entity or who is a partner, limited partner, shareholder, member, settlor, trustee, beneficiary, or other equity holder of the business entity. The business entity’s interest is also attributable to any officer, manager, or employee of the business entity., spouse, child, or sibling). A person’s interest does not include the acquisition of property by a number of devices including by operation of law, an encumbrance taken as a security, or under contract with a government entity. The bill requires a business entity that holds an interest in real property where a confinement feeding operation is located to submit a report to DNR each year that includes a list of names of any persons who have an attributable interest in the real property where the confinement feeding operation is located. The report must include the name of the business entity and the percentage equity interest in that business entity held by each named person. The report must be part of any permit for the construction or expansion of a confinement feeding operation. APPLICABLE CIVIL PENALTIES.602 provides for civil penalties that may be assessed for violations of Code chapter 459, subchapter II (air quality regulations).109, which provides for the administrative assessment of civil penalties of up to $10,000.603 provides for civil penalties that may be assessed for violations of Code chapter 459, subchapter III (water quality regulations).191, which provides for a general civil penalty assessed judicially of up to $5,000. EFFECTIVE DATE. The bill takes effect upon enactment.