HB 1177 (Truly Agreed) Modifies various provisions related to concentrated animal feeding operations
Current Bill Summary
- Prepared by Senate Research -

SCS/HCS/HB 1177 - This legislation pertains to Confined Animal Feeding Operations (CAFO).

SECTION 640.703 - This act modifies Chapters 640 and 644, RSMo, by providing new definitions and expanding existing ones dealing with confined animal feeding operations (CAFO).

SECTION 640.710 - This act authorizes the Clean Water Commission to regulate and promulgate rules for the establishment, permitting, design, construction, operation and management of any Class I CAFO. This act provides the Department of Natural Resources with the opportunity to designate an AFO as a CAFO upon determining that it is a significant contributor of water pollutants to waters of the state. This act lays out considerations that shall be noted by the Department when making such a designation. No such designation shall be made without an on-site inspection of the operation by the Department. Regulatory or local controls concerning the establishment, permitting, design, construction, operation, and management of a CAFO shall be consistent with and no more restrictive than those provided in Sections 640.703 to 640.758 RSMo, unless such controls are recommended and approved by the board of the respective local soil and water conservation district and are based on empirical peer-reviewed scientific and economic data. Such recommendation must be received within one hundred eighty days.

SECTION 640.715 - This act modifies the application process required by the department for construction of new facilities, new lagoon, or for an increase of the capacity to house or grow animals at an existing facility. Changes have also been made to the "proof of notification" requirement with regards to public notice and comment.

SECTION 640.725 - This act directs any owner or operator of a class IA facility that utilizes a flush system to employ one or more persons who shall visually inspect gravity outfall lines, recycle pump stations, and recycle force mains appurtenant to its animal manure lagoons for discharges and the structural integrity of any lagoon whose water level is below the emergency spillway.

SECTION 640.730 - This act directs any class IA facility that has an unauthorized discharge to report within, twenty-four hours, to the department and all adjoining property owners of the facility onto whose property the unauthorized discharge flowed within one stream mile.

SECTION 640.745 - This act directs owners and operators of class IA CAFO's to pay a fee to the department, the calculation of such a fee is laid out in the act. The fees collected shall be deposited in the CAFO Indemnity Fund; monies utilized by the fund administrators for lagoon closure activities are also detailed in the act.

SECTION 640.750 - This act directs the department to conduct quarterly inspections of each class IA CAFO that utilizes a flush system.

SECTION 644.016 - This act expands definition of "discharge" in Section 644.016, RSMo, by excluding instances of accidental or unintentional release of water contaminants, those accidental or unintentional releases to waters of the state where the water contaminants are entirely confined upon lands controlled by a single person, or by two or more persons jointly, or remediated to the extent that does not exceed any of the standards, regulations, or limitations set forth. This act also expands the definitions of "point source" and "water contaminant source" by excluding agricultural storm water discharges and return flows from irrigated agriculture.

Two substantive changes have been made to the act by the Senate Committee Substitute:

Language has been added to the section dealing with local regulations - if local governments wish to impose more restrictive controls regarding AFO's, they shall seek and receive a recommendation from their respective soil and water conservation district board. The recommendation must be received from the board within one hundred eighty days; the inference is that nothing in such recommendation would prohibit a local government from imposing such restrictions on their own.

Language was left in regarding owners or operators of any class IB CAFO when it comes to neighbor notification prior to acquiring a construction permit.

Adopted amendments:

SA 1 - Technical amendment, because we are repealing Section 640.700, a reference to said section in section 640.755, pertaining to rule making authority, has been changed to reflect the correct sections.

SA 2 - Technical amendment, the department shall require neighbor notification prior to the approving of an application for the construction of a new facility.

SA 3 - All new language pertaining to the establishment and management of any class IA CAFO has been removed here, the clean water commission shall have the authority to promulgate rules for the construction of such facilities.

SA 4 - Technical amendment, the department shall issue a permit or respond with a letter of comment to the owner of a class IA CAFO within forty-five days of receiving a completed application.

SA 5 - Adds language to Section 644.051 that clarifies that no notice of violation shall be issued for an accidental or unintentional release of water contaminants when those contaminants are entirely confined upon lands controlled by a single person or persons who own the land in common, and where the contaminants are cleaned up so as to not exceed the standards set by the federal regulations when the water in question enters other waters of the state.

SA 6 - Prior to filing an application for construction of a new facility, owners of any class IA, IB or IC operations shall notify the department and other property owners owning land close to the operation.

SA 7 - New language explaining what a water contaminant source does not include has been removed here.

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