FIRST REGULAR SESSION
94TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE MUNZLINGER.
Read 1st time March 28, 2007 and copies ordered printed.
D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To repeal section 640.703, RSMo, and to enact in lieu thereof two new sections relating to agricultural operations.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 640.703, RSMo, is repealed and two new sections enacted in lieu thereof, to be known as sections 640.703 and 640.712, to read as follows:
640.703. For the purposes of sections 640.700 to 640.755, the following terms mean:
(1) "Animal units", shall be defined by rules of the department in effect as of January 30, 1996;
(2) "Animal waste wet handling facility", includes all gravity outfall lines, recycle pump stations, recycle force mains and appurtenances;
(3) "Class IA", any concentrated animal feeding operation with a capacity of seven thousand animal units or more;
(4) "Class IB", any concentrated animal feeding operation with a capacity between three thousand animal units and six thousand nine hundred and ninety-nine animal units inclusive;
(5) "Class IC", any concentrated animal feeding operation with a capacity between one thousand animal units and two thousand nine hundred and ninety-nine animal units inclusive;
(6) "Class II", any concentrated animal feeding operation with a capacity of at least three hundred animal units, but less than one thousand animal units;
(7) "Department", the department of natural resources;
(8) "Facility", any class IA concentrated animal feeding operation which uses a flush system;
(9) "Flush system", a system of moving or removing manure utilizing liquid as the primary agent as opposed to a primarily mechanical or automatic device;
(10) "Sensitive areas", areas in the watershed located within five miles upstream of any stream or river drinking water intake structure, other than those intake structures on the Missouri and Mississippi rivers;
(11) "Voluntarily regulated facility", any animal feeding operation or concentrated animal feeding operation with a capacity of less than one thousand animal units which voluntarily applies with the department to be regulated and which is not otherwise required by law to have a class II permit due to the facility's discharge of pollutants into waters of the state.
640.712. 1. The department shall promulgate rules regulating the establishment, permitting, design, construction, operation, and management of voluntarily regulated facilities.
2. No facility which is eligible to become a voluntarily regulated facility shall be required to obtain a construction or operating permit. At such time that an eligible facility applies with the department to become a voluntarily regulated facility, the department shall have the authority and jurisdiction to regulate the permitting, design, construction, operation, and management of such facility.
3. Such rules shall be designed to afford a prudent degree of environmental protection while accommodating modern agricultural practices.
4. Any permit issued to a facility smaller than class I prior to the effective date of this section shall remain in full force and effect until its expiration or is otherwise disciplined or revoked by the department consistent with this chapter. Such permit shall be considered a permit issued to a voluntarily regulation facility under this section.
5. The terms and conditions of an expired permit issued under this section are continued automatically and remain fully effective and enforceable pending issuance of a new permit if:
(1) The permitee has submitted a timely and sufficient application for a new permit under this section; and
(2) The department is unable, through no fault of the permitee, to issue a new permit before the expiration date of the previous permit.
6. Any permit issued under this section shall not be terminated by the permitee until such time that the permit expires, the ownership of the facility changes, or with leave of the department.
7. The provisions of this section shall not be construed to cause an otherwise eligible voluntarily regulated facility to become ineligible for state revolving loan funds.
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