SCS/HS/HCS/HB 1207, 1288, 1408 & 1409 - This act provides for regulation of concentrated animal feeding operations.

DEMONSTRATION AWARDS - The Department of Agriculture's demonstration awards to the Center for Sustainable Agricultural Systems of the University of Missouri are extended from the current expiration date of December 31, 1996 to December 31, 2001.

SENSITIVE WATERSHEDS - Class IA concentrated animal feeding operations are prohibited from the watersheds of the Current, Jacks Fork and Eleven Point Rivers. Class IA concentrated animal feeding operations in drinking water intake areas, defined by Department of Natural Resource (Department) regulations, must apply animal waste at rates consistent with the Department's regulations. Class IA concentrated animal feeding operations in drinking water intake areas must submit a spill prevention plan.

DNR REGULATORY AUTHORITY - The Department is given the authority to promulgate rules regulating the establishment, permitting, design, construction, operation, and management of Class I concentrated animal feeding operations. Such rules may require monitoring wells on a site specific basis when concentrated animal feeding operation lagoons are located in hydrologically sensitive areas.

SETBACK DISTANCES - The Department shall require concentrated animal feeding operations to adopt the following buffer distances between a facility and any public building or occupied residence, except a residence owned by the operation:

(1) One thousand feet for operations with at least 1,000 animal units;

(2) Two thousand feet for operations with between 4,000 and 7,000 animal units; and

(3) Three thousand feet for operations with more than 7,000 animal units.

Current operations shall be exempt from the buffer distances, as shall operations which have received a written agreement signed by all residents within the buffer distance.

The Department may, depending on local environmental factors including prevailing winds and topography, recommend a buffer distance which is less than the distance. The Department's recommendation shall become effective unless rejected by the governing body of the county in which the operation is proposed.

NOTICE - Class IA operations shall continue to give the same notice as required pursuant to Department rules in effect as of January 1, 1996. Class IB operations must give notice of application to all adjoining property owners within one and a half times the maximum buffer distance for the size of the proposed operation. The Department shall issue a permit or respond with a letter of comment within 45 days of receipt of a completed application.

ELIGIBILITY FOR FINANCIAL ASSISTANCE - Any corporation or cooperative engaged in farming will not be eligible for any state tax credits, deductions, state grants, loans, or other financial or economic assistance, unless a family farm or a family farm corporation receives the same assistance.

INSPECTIONS - The owner or operator of any Class IA concentrated animal feeding operation with a flush-type waste system is required to have the system visually inspected at least every 12 hours. The facility is to keep records of the inspections on forms provided by the Department for three years. All flush-type waste systems are to have, at a minimum, an electronic or mechanical shutoff system in the event of pipe stoppage or backflow.

DISCHARGE CONTAINMENT - The owner or operator of any Class IA concentrated animal feeding operation with a lagoon which poses a risk to public drinking water or aquatic life or which lies within a drainage basin and is within 300 feet of any adjacent landowner is required to construct a failsafe containment structure or earthen dam that will contain, in the event of an unauthorized discharge, a minimum volume equal to the maximum flushing volume of such facility in any 24 hour period.

DISCHARGE REPORTING - Within 24 hours, any unauthorized discharge by a wet animal waste handling facility required to be reported to the department is also to be reported to all adjoining land owners listed on the site-specific permit.

LAGOON CLOSURE - The Concentrated Animal Feeding Operation Indemnity Fund is hereby created. The moneys in the fund are to be expended for the closure of certain lagoons which have been placed under government control due to bankruptcy, failure to pay property taxes, or abandonment. The owner of each Class IA concentrated animal feeding operation is to annually remit to the fund 10 cents per animal unit permitted per year, for a period of 10 years. The fund is to be administered by the Department and may be expended on the closure of Class IA, Class IB, or Class II concentrated animal feeding operation waste water lagoons. A maximum of $100,000 per lagoon may be spent for animal waste lagoon closure activities. In the event the Department determines that the concentrated animal feeding operation has been successfully closed by the owner, all moneys paid by such operation into the fund are to be returned to the owner.

QUARTERLY CAFO INSPECTIONS - The Department is to conduct at least one on-site inspection of each Class IA concentrated animal feeding operation quarterly.
TOM CRAWFORD