Relating to monitoring the application of manure originating from a confinement feeding operation, and making penalties applicable

BACKGROUND —— GENERAL. Confinement feeding operations are regulated by the department of natural resources (DNR) under the “Animal Agriculture Compliance Act” (Code chapter 459). A confinement feeding operation is a type of animal feeding operation in which agricultural animals are maintained for at least 45 days in any 12-month period.102).311). Regulations governing confinement feeding operations vary based on the size of the operation measured by its animal unit capacity (AUC). AUC refers to a measurement used to determine the maximum number of animal units that may be maintained as part of a confinement feeding operation at any one time. In calculating AUC, a special equivalency factor is assigned for each classification of confined agricultural animal., 1,250 finishing swine) are not subject to the same level of regulation.312. BACKGROUND —— MMP. Code chapter 459, subchapter III, regulates water quality, including the discharge of manure into surface water sources and groundwater sources.312 provides for the submission of an MMP to DNR, including updates, by an owner of a confinement feeding operation or a person who applies manure from a confinement feeding operation that is located in another state, if the manure is applied on land located in this state. Generally, an MMP must include information regarding where and how much manure originating from a manure storage structure is to be applied. DNR must approve the MMP according to procedures established by DNR. BILL’S PROVISIONS. This bill provides that a person required to submit an MMP must monitor the application of manure, and conditions after its application, if the manure is applied in proximity to a surface water source or groundwater source. If there is a risk of a discharge, the person must file a report with DNR detailing where the discharge may have occurred and the level of risk posed by the possible discharge. DNR must publish the information contained in the report on its internet site, and investigate the site of the possible discharge. APPLICABLE PENALTIES.191).