SB 591 Modifies the law relating to concentrated animal feeding operations (CAFOs) and the penalties for offenses perpetrated by these operations
Sponsor: Nodler
LR Number: 3541S.03I Fiscal Note:
Committee: Agriculture, Conservation, Parks & Natural Resources
Last Action: 1/9/2006 - Second Read and Referred S Agriculture, Conservation, Parks & Natural Resources Committee Journal Page: S57
Title: Calendar Position:
Effective Date: August 28, 2006

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Current Bill Summary


SB 591 - The act directs the Department of Natural Resources to establish and publish a time line within which any application concerning a concentrated animal feeding operation (CAFO) must be decided upon if the initial decision is not made within ninety days of the receipt of the completed application. Publication requirements are laid out in the act.

The act defines persistent violator to mean any operation that has been found by the Air Conservation Commission or the department to have violated the regulations governing air and water pollution at least six times during any twelve month period. For any operation that is designated as such, any permit(s) they have obtained to do business in the state shall be forfeited until such time as the operation successfully reapplies for a new permit.

The act adds a surcharge to the civil penalties assessed to any operation that is found by the commission or the director to have violated the regulations governing air and water pollution more than once during any thirty six month period of time. The surcharge shall be equal to the sum of the penalty assessed and the cumulative number of fines assessed for each prior citation during that time frame. The funds from the surcharge shall be deposited into funds created and utilized for public education and the enforcement of air and water pollution laws of the state.

MEGAN WORD