First Regular Session

Sixty-first General Assembly

LLS NO. 97­0153.01 PLC SENATE BILL 97­070

STATE OF COLORADO

BY SENATOR J. Johnson;

also REPRESENTATIVE Entz.

AGRICULTURE, NATURAL

RESOURCES & ENERGY

A BILL FOR AN ACT

CONCERNING WATER QUALITY PROTECTION REQUIREMENTS FOR SWINE CONFINED FEEDING OPERATIONS.

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments which may be subsequently adopted.)

Prohibits a person from operating, constructing, or expanding a swine confined feeding operation of 2,500 or more swine weighing fifty­five pounds or more without a permit from the division of administration in the department of public health and environment.

Requires the water quality control commission to promulgate regulations to implement the permit requirements that:

• The owner of the swine confined feeding operation submit a swine waste management plan to the division;
• The owner submit a surety in an amount to be determined by the division for each swine confined feeding operation of 2,500 or more swine weighing fifty­five pounds or more to cover the cost of cleanup if the facility is abandoned;
• The owner report spills or contamination to the division immediately;
• Each swine confined feeding operation manure or process waste water impoundment be located at least 1,000 feet from any other such manure or process waste water impoundment.

Allows the division to charge a fee for the permit application and to enter into an agreement with the commissioner of agriculture to implement the permit requirements of the swine confined feeding operation.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.  Part 5 of article 8 of title 25, Colorado Revised Statutes, 1989 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW SECTION to read:

25­8­501.3.  Permit required for point source water pollution control ­ definitions ­ swine confined feeding facility. (1)  NO PERSON SHALL OPERATE, CONSTRUCT, OR EXPAND A SWINE CONFINED FEEDING OPERATION WITH A CAPACITY OF TWO THOUSAND FIVE HUNDRED OR MORE SWINE WEIGHING FIFTY­FIVE POUNDS OR MORE WITHOUT FIRST HAVING OBTAINED A PERMIT FROM THE DIVISION OF ADMINISTRATION IN THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT TO PROTECT THE WATERS OF THE STATE FROM POTENTIAL WATER QUALITY IMPACTS; EXCEPT THAT THE OPERATION, CONSTRUCTION, OR EXPANSION OF A SWINE CONFINED FEEDING OPERATION WITH A CAPACITY OF LESS THAN TWO THOUSAND FIVE HUNDRED SWINE WEIGHING FIFTY­FIVE POUNDS OR MORE MAY REQUIRE A PERMIT IF THE DIVISION DETERMINES THAT THE FACILITY HAS SIGNIFICANT POTENTIAL TO IMPACT WATER QUALITY. FOR PURPOSES OF THIS SECTION, "SWINE CONFINED FEEDING OPERATION" MEANS ANY LOT, PEN, STRUCTURE, OR IMPOUNDMENT THAT IS USED FOR THE CONFINED FEEDING OF SWINE FOR FOOD OR PLEASURE.

(2)  IN ADDITION TO THE CONTROL REGULATIONS PROMULGATED PURSUANT TO SECTION 25­8­205 (5), THE COMMISSION SHALL PROMULGATE REGULATIONS AS MAY BE NECESSARY FOR THE EFFECTIVE ADMINISTRATION OF PERMITS UNDER THIS SECTION THAT INCLUDE THE FOLLOWING:

(a)  A REQUIREMENT THAT THE OWNER OF THE SWINE CONFINED FEEDING OPERATION SHALL SUBMIT A SWINE WASTE MANAGEMENT PLAN THAT INCLUDES A CLASSIFICATION OF SOILS, PREPARED BY A PROFESSIONAL ENGINEER OR A QUALIFIED CONSULTANT APPROVED BY THE DIVISION. THE OWNER AND THE PROFESSIONAL ENGINEER OR CONSULTANT SHALL CERTIFY THAT THE PLAN COMPLIES WITH ALL APPLICABLE FEDERAL, STATE, AND LOCAL LAWS AND REGULATIONS AND THAT THE SWINE CONFINED FEEDING OPERATION IS BUILT TO THE SPECIFICATIONS OF THE PLAN.

(b)  THAT ANY SWINE CONFINED FEEDING OPERATION MANURE OR PROCESS WASTE WATER IMPOUNDMENT SHALL NOT BE LOCATED LESS THAT ONE THOUSAND FEET FROM ANOTHER SWINE CONFINED FEEDING OPERATION MANURE OR PROCESS WASTE WATER IMPOUNDMENT;

(c)  THE OWNER OF THE SWINE CONFINED FEEDING OPERATION SHALL BE REQUIRED TO PROVIDE A SURETY BOND OR CASH BOND FOR EACH SWINE CONFINED FEEDING OPERATION IN AN AMOUNT DETERMINED BY THE DIVISION TO PAY THE COSTS OF CLEANUP IN THE EVENT SUCH SWINE CONFINED FEEDING OPERATION IS ABANDONED. SUCH BOND MAY, IN THE DISCRETION OF THE DIVISION, BE USED TO PAY THE COST OF CLEANUP IF THERE IS A SPILL OR CONTAMINATION.

(d)  ANY SPILL OR CONTAMINATION BY A SWINE CONFINED FEEDING OPERATION SHALL BE REPORTED TO THE DIVISION IMMEDIATELY, AND A WRITTEN REPORT SHALL BE FILED WITH THE DIVISION WITHIN THREE DAYS OF THE SPILL OR CONTAMINATION.

(e)  THAT THE OWNER SHALL DRILL AT LEAST ONE MONITORING WELL UP­GRADIENT AND ONE MONITORING WELL DOWN­GRADIENT FOR EACH SWINE CONFINED FEEDING OPERATION. THE DIVISION MAY REQUIRE ADDITIONAL WELLS AS IT DETERMINES ARE NECESSARY.

(3)  THE DIVISION MAY ENTER INTO AN AGREEMENT WITH THE COMMISSIONER OF AGRICULTURE TO ASSIST IN THE IMPLEMENTATION AND ENFORCEMENT OF THIS SECTION.

(4)  THE DIVISION IS AUTHORIZED TO ASSESS A SWINE CONFINED FEEDING OPERATION PERMIT FEE OF TWO HUNDRED DOLLARS. ALL FEES COLLECTED PURSUANT TO THIS SUBSECTION (4) SHALL BE TRANSMITTED TO THE STATE TREASURER WHO SHALL CREDIT THE SAME TO THE WATER QUALITY CONTROL FUND CREATED IN SECTION 25­8­502 (1) (c).

SECTION 2.  Effective date ­ applicability.  This act shall take effect July 1, 1997, and shall apply to all swine confined feeding operations that are constructed or expanded on or after said date.

SECTION 3.  Safety clause.  The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.