SCS HCS HB 1177 -- CONCENTRATED ANIMAL FEEDING OPERATIONS

(VETOED BY THE GOVERNOR)

This bill modifies the statutes on concentrated animal feeding
operations (CAFO) making Missouri's regulations consistent with
federal regulations.  The bill:

(1)  Requires the Missouri Clean Water Commission to promulgate
rules regulating the establishment, permitting, design,
construction, operation, and management of CAFOs;

(2)  Requires that regulatory or local controls imposed by any
form of local government concerning the establishment,
permitting, design, construction, operation, and management of an
animal feeding operation must be consistent with the provisions
of the bill.  Local governing bodies, however, may impose
controls if prior to imposing the controls, a recommendation
based on peer-reviewed scientific and economic data clearly
documenting the geological, environmental, and economic impact of
the controls is requested from the respective soil and water
district board.  If no recommendation is received within 180 days
of the request, the local governing body may impose the more
restrictive controls;

(3)  Allows the Department of Natural Resources to designate an
animal feeding operation as a CAFO if it is determined to be a
significant contributor of pollutants to the waters of the state
and has an animal feeding capacity of Class II CAFO or greater;

(4)  Clarifies that the term "point source" as defined for the
purposes of the Missouri Clean Water Law is not to include
agricultural storm water discharges and return flows from
irrigated agriculture; and

(5)  Requires that no notice of violation be issued for the
accidental or unintentional release of water contaminants, where
the contaminants are entirely contained and removed to the extent
that any flow of water that leaves the property and enters the
water of the state is in compliance with the Missouri Clean Water
Law.

Missouri House of Representatives
92nd General Assembly, 2nd Regular Session
Last Updated September 23, 2004 at 11:14 am