Regulating the application of manure originating from an animal feeding operation, and making penalties applicable

BACKGROUND. An animal feeding operation (AFO) is regulated by the department of natural resources (DNR) under several Code chapters, including Code chapter 459 governing all AFOs, which includes provisions regulating confinement feeding operations, and Code chapter 459A, which includes selected provisions regulating open feedlot operations. An AFO is an area in which agricultural animals are confined for 45 days or more in any 12-month period, and all associated structures used for the storage of manure. 102).102)., stockpiled). Open feedlot effluent refers to a combination of manure, precipitation-induced runoff, or other runoff from an open feedlot before its settleable solids have been removed. Both Code chapters regulate the application of manure, often pursuant to a plan required to be filed with DNR.208). BACKGROUND —— SNOW COVERED GROUND AND FROZEN GROUND.313A, a person may apply manure originating from an AFO on snow covered ground or frozen ground, except to the extent otherwise provided by applicable requirements in the Code section or federal law. The Code section’s prohibition is limited to the application of liquid manure originating from a manure storage structure that is part of a confinement feeding operation. Specifically, the Code section prohibits the application of liquid manure on snow covered ground during the period beginning December 21 and ending April 1 and on frozen ground during the period beginning February 1 and ending April 1. There are several exceptions. The first exception allows a person to apply the liquid manure during the cold weather months if there is an emergency due to unforeseen circumstances affecting the storage of the liquid manure that are beyond the control of the owner of the confinement feeding operation. In those circumstances, the owner or a person authorized to apply the liquid manure must contact DNR, apply the liquid manure on land identified in the owner’s MMP, apply the liquid manure on a field with a phosphorus index rating of two or less, and ensure that surface water drain tile intakes are blocked. An emergency cannot be used as an exception due to the improper design or management of a manure storage structure or if the manure originates from a manure storage structure constructed on or after July 1, 2009, with a capacity to store manure for less than 180 days. The second exception applies to small animal feeding operations. The third exception applies to the application of liquid manure that is injected in the soil or incorporated within the soil on the same day. BILL’S PROVISIONS —— APPLICATION REQUIREMENTS APPLIED TO AFOS.313). A requirement that restricts the use of certain spray irrigation equipment dispersing manure originating from a confinement feeding operation would apply to manure, including effluent, originating from an open feedlot operation. The bill provides that a person who applies manure, including effluent, originating from an AFO to the surface of land must inject or incorporate the manure into the soil within 24 hours. The bill prohibits the application of manure originating from an AFO on saturated ground, snow covered ground, or frozen ground regardless of the calendar. The bill retains exceptions for the application of manure under emergency circumstances. The bill provides that the emergency protocols must be specified in an MMP or NMP. The bill strikes a provision that prohibits a person from applying liquid manure under emergency circumstances if the manure originated from a manure storage structure having a capacity to store manure for less than 180 days and its date of construction was on or after July 1, 2009. The bill also strikes a provision that allows a person to apply liquid manure under any circumstances if the person injects the liquid manure on the same date as application. APPLICABLE PENALTIES.191).