98RS HB709


Unofficial WWW Version

HB 709/CI (BR 2253) - J. Arnold Jr., J. Adams, W. Allen, A. Arnold, S. Baugh, Dw. Butler, J. Callahan, P. Clark, R. Damron, W. Gee, J. Gooch, J. Haydon, J. Lee, A. Maricle, T. McKee, D. Newsome, M. Rader, W. Scott, D. Sims, J. Stewart, R. Thomas, M. Treesh, T. Turner, M. Weaver, P. Worthington

     AN ACT relating to swine.
     Create Subchapter 51 of KRS Chapter 224, and various sections of the subchapter, to regulate swine feeding operations and swine waste lagoons; to create definitions; to determine which swine feeding operations fall under the provisions of the Act and to determine what constitutes a related operation; to create factors used in calculating how a swine unit is determined; to establish site restrictions and setback requirements for swine feeding operations, facilities, and land application for swine waste; to establish lagoon specifications; to specify the requirements for a swine waste management permit; to require swine nutrient management plans; to determine how swine waste may be applied to land; to establish guidelines for modification, expansion, and retrofitting of swine facilities and lagoons; to establish procedures for lagoon closure; to establish criteria that permittees must follow in managing a swine feeding operation; to establish procedures to be followed if a swine feeding operation does not comply with the Act; to create an appeals process for an owner or operator of a swine feeding operation found in violation of the Act; to establish venue in the county in which the operation is located; to create penalties for intentionally violating the Act; and to amend KRS 224.10-420, 224.10-470, and 224.99-010 to conform.


     HCS - Retain original provisions of the bill, with the following changes; define "Lagoon" and "Swine waste containment"; amend definition of "Minimum design volume"; allow the use of a finished lagoon with a natural soil structure that meets the permeability requirements of the Act; and make technical corrections to conform.
     HFA (1, C. Geveden) - Allow local governments to enact ordinances or laws affecting swine feeding operations that are more stringent than those contained in the Act.
     HFA (2, F. Nesler) - Create a new section of KRS Chapter 67 relating to county government to permit a county, urban county, or charter county to regulate swine farming operations.
     HFA (3, F. Nesler) - Delete all provisions of the bill and replace by confirming 401 KAR 5:001 and 401 KAR 5:008, as filed with the Legislative Research Commission by the Natural Resources and Environmental Protection Cabinet, on December 15, 1997, and on February 13, 1998, respectively.
     HFA (4, F. Nesler) - Require the owner of swine in swine feeding operations to sign permit applications, if the swine owner is not the owner or operator of the swine feeding operation; require all parties signing a permit application to be liable for complying with the provisions of the permit.
     HFA (5, F. Nesler) - Make title amendment.

     Feb 24-introduced in House
     Feb 25-to Agriculture and Small Business (H); posted in committee; posting waived
     Mar 6-reported favorably, 1st reading, to Calendar with Committee Substitute
     Mar 9-2nd reading, to Rules
     Mar 10-floor amendment (1) filed to Committee Substitute
     Mar 11-recommitted to Appropriations and Revenue (H); floor amendments (2) (3) and (4) filed to Committee Substitute, floor amendment (5-title) filed

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