Section 459.203. Separation distance requirements for confinement feeding operations — expansion of prior constructed operations.

  A confinement feeding operation constructed or expanded prior to the date that a distance requirement became effective under section 459.202 and which does not comply with the section’s distance requirement may continue to operate regardless of the distance requirement. The confinement feeding operation may be expanded if any of the following applies:

  1.  a.  For a confinement feeding operation constructed prior to January 1, 1999, any construction or expansion of a confinement feeding operation structure complies with the distance requirements applying to that structure as provided in section 459.202, subsections 1 and 3.

  b.  For a confinement feeding operation constructed on or after January 1, 1999, but prior to March 1, 2003, any construction or expansion of a confinement feeding operation structure complies with the distance requirements applying to that structure as provided in section 459.202, subsections 2 and 3.

  c.  For a confinement feeding operation constructed on or after March 1, 2003, any construction or expansion of a confinement feeding operation structure complies with the distance requirements applying to that structure as provided in section 459.202, subsections 4 and 5.

  2.  All of the following apply to the expansion of the confinement feeding operation:

  a.  No portion of the confinement feeding operation after expansion is closer than before expansion to a location or object for which separation is required under section 459.202.

  b.  For a confinement feeding operation that includes a confinement feeding operation structure constructed prior to March 1, 2003, the animal weight capacity of the confinement feeding operation as expanded is not more than the lesser of the following:

  (1)  Double its animal weight capacity on the following dates:

  (a)  May 31, 1995, for a confinement feeding operation that includes a confinement feeding operation structure constructed prior to January 1, 1999.

  (b)  January 1, 1999, for a confinement feeding operation that only includes a confinement feeding operation structure constructed on or after January 1, 1999, but does include a confinement feeding operation structure constructed prior to March 1, 2003.

  (2)  Either of the following:

  (a)  Six hundred twenty-five thousand pounds animal weight capacity for animals other than cattle.

  (b)  One million six hundred thousand pounds animal weight capacity for cattle.

  c.  For a confinement feeding operation that does not include a confinement feeding operation structure constructed prior to March 1, 2003, the animal unit capacity of the confinement feeding operation as expanded is not more than the lesser of the following:

  (1)  Double its animal unit capacity on March 1, 2003.

  (2)  One thousand animal units.

  3.  The confinement feeding operation includes a confinement feeding operation structure that is constructed prior to March 1, 2003, and is expanded by replacing one or more unformed manure storage structures with one or more formed manure storage structures, if all of the following apply:

  a.  The animal weight capacity or animal unit capacity, whichever is applicable, is not increased for that portion of the confinement feeding operation that utilizes all replacement formed manure storage structures.

  b.  Use of each replaced unformed manure storage structure is discontinued within one year after the construction of the replacement formed manure storage structure.

  c.  The capacity of all replacement formed manure storage structures does not exceed the amount required to store manure produced by that portion of the confinement feeding operation utilizing the formed manure storage structures during any fourteen-month period.

  d.  No portion of the replacement formed manure storage structure is closer to an object or location for which separation is required under section 459.202 than any other confinement feeding operation structure which is part of the operation.

95 Acts, ch 195, §17

CS95, §455B.163

98 Acts, ch 1209, §18, 53

;

99 Acts, ch 114, §58, 59

;

2002 Acts, ch 1137, §18 – 20, 67, 68, 71

;

2002 Acts, 2nd Ex, ch 1003, §260, 262

C2003, §459.203