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[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1323 Introduced in Senate (IS)]

105th CONGRESS
  1st Session
                                S. 1323

 To regulate concentrated animal feeding operations for the protection 
     of the environment and public health, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            October 28, 1997

  Mr. Harkin introduced the following bill; which was read twice and 
   referred to the Committee on Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL

 
 To regulate concentrated animal feeding operations for the protection 
     of the environment and public health, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Animal Agriculture Reform Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) animal agriculture is a critical part of the 
        agricultural economy of the United States and is an important 
        source of food and consumer products;
            (2) the continuation of a strong animal agriculture 
        industry should be supported;
            (3) animal waste has been identified as a significant 
        source of water pollution in many areas of the United States 
        and inadequate management of animal waste continues to pose a 
        significant threat to the environment and public health;
            (4) the adoption of animal waste management plans by 
        concentrated animal feeding operations will help to ensure that 
        the continued success and growth of the animal agriculture 
        industry is compatible with protection of the environment and 
        public health; and
            (5) oversight of animal waste management planning by the 
        Secretary will enhance environmental protection under the 
        Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.).

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Animal owner.--The term ``animal owner'' means the 
        person that has the primary ownership, controlling, or 
        beneficial interest in the animals in a concentrated animal 
        feeding operation, including an employee or agent of the 
        person.
            (2) Animal waste.--The term ``animal waste'' means the 
        excreta or other associated waste of an animal, including 
        litter, bedding, a dead animal, a composted animal carcass, or 
        other residual organic matter from a concentrated animal 
        feeding operation.
            (3) Animal waste management plan.--The term ``animal waste 
        management plan'' means a written statement submitted by the 
        operator of a concentrated animal feeding operation to the 
        Secretary detailing the manner in which the operation will 
        comply with this Act.
            (4) Animal weight capacity.--The term ``animal weight 
        capacity'' means the product obtained by multiplying--
                    (A) the maximum number of animals in a concentrated 
                animal feeding operation at any 1 time during a year; 
                and
                    (B) the average weight of such an animal during a 
                production cycle (as defined by the Secretary).
            (5) Application.--The term ``application'' means laying, 
        spreading on, irrigating, injecting, or otherwise placing 
        animal waste on land by any means.
            (6) Approved plan.--The term ``approved plan'' means an 
        animal waste management plan for which a written notice of 
        approval has been issued by the Secretary, and is effective, 
        under this Act.
            (7) Concentrated animal feeding operation.--
                    (A) In general.--The term ``concentrated animal 
                feeding operation'' means any livestock or poultry 
                feeding operation that--
                            (i)(I) confines animals to areas that are 
                        totally roofed;
                            (II) if the operation does not confine 
                        animals to areas that are totally roofed, 
                        confines animals to areas where the animal 
                        density, measured as the ratio of the number of 
                        animals to the acreage of the areas in which 
                        the animals are confined, exceeds a level 
                        established by the Secretary on the basis of 
                        the potential for surface and ground water 
                        pollution from animal waste; or
                            (III) collects animal excreta for disposal, 
                        storage, or application with a mechanical or 
                        flushing system or by other means;
                            (ii) holds animals for 45 days or more 
                        during any 1-year period; and
                            (iii) has an animal weight capacity of more 
                        than 200,000 pounds for animals other than 
                        cattle or more than 400,000 pounds for cattle.
                    (B) Inclusions.--The term ``concentrated animal 
                feeding operation'' includes--
                            (i) all structures and land used for the 
                        collection, storage, treatment, or application 
                        of animal waste from an operation described in 
                        subparagraph (A); and
                            (ii) each of 2 or more operations described 
                        in subparagraph (A) in which the animals are 
                        under common ownership or control, if the 
                        combined animal weight capacity of the 
                        operations exceeds the amounts described in 
                        subparagraph (A)(iii).
            (8) Containment structure.--The term ``containment 
        structure'' means a lagoon, pit, tank, or other structure used 
        to receive and store animal waste, regardless of the length of 
        time the waste remains in such a structure.
            (9) Containment system.--The term ``containment system'' 
        means all structures or devices used exclusively or partly for 
        the collection, storage, composting, transportation, or 
        application of animal waste from a concentrated animal feeding 
        operation.
            (10) Department.--The term ``Department'' means the 
        Department of Agriculture.
            (11) Dry waste operation.--The term ``dry waste operation'' 
        means a concentrated animal feeding operation in which animal 
        waste is collected and stored exclusively in a dry form.
            (12) Earthen lagoon.--The term ``earthen lagoon'' means an 
        earthen cavity or structure, covered or uncovered, that 
        receives and stores for any period of time animal waste from 
        animals in a concentrated animal feeding operation.
            (13) Formed storage structure.--The term ``formed storage 
        structure'' means a structure, covered or uncovered, that has 
        walls and a floor constructed of concrete, concrete block, 
        wood, steel, or similar material, including plastic, rubber, 
        fiberglass, or other synthetic material.
            (14) Operator.--
                    (A) In general.--The term ``operator'' means a 
                person that owns or controls a concentrated animal 
                feeding operation.
                    (B) Agents.--If the operator of a concentrated 
                animal feeding operation is not the same person as the 
                animal owner, the operator shall be considered to be an 
                agent of the animal owner, notwithstanding any contract 
                or other agreement entered into between the owner and 
                the operator.
            (15) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
            (16) Wet waste operation.--The term ``wet waste operation'' 
        means a concentrated animal feeding operation in which animal 
        waste is collected and stored in a liquid or semiliquid form.

SEC. 4. PLAN APPROVAL.

    (a) In General.--The Secretary shall establish and carry out an 
animal waste management program under which the Secretary shall approve 
an animal waste management plan submitted by an animal owner if the 
plan meets the requirements of this Act.
    (b) Inspection; Notice.--Prior to approving an animal waste 
management plan, the Secretary, acting through the Chief of the Natural 
Resources Conservation Service, shall conduct an on-site inspection of 
the concentrated animal feeding operation to determine whether the 
proposed animal waste management plan adequately takes into account the 
specific circumstances of the operation.
    (c) Compliance.--Approval of an animal waste management plan shall 
be conditioned on the concentrated animal feeding operation remaining 
in compliance with the plan and this Act.
    (d) Operation of Existing Concentrated Animal Feeding Operations.--
Beginning on the date that is 18 months after the date of enactment of 
this Act, a concentrated animal feeding operation in existence on the 
date of enactment of this Act shall not operate unless the animal owner 
of the operation has obtained approval of an animal waste management 
plan for the operation from the Secretary.
    (e) Construction or Expansion of Concentrated Animal Feeding 
Operations.--The construction or expansion of a concentrated animal 
feeding operation, or the expansion of a livestock or poultry feeding 
operation that would make the operation a concentrated animal feeding 
operation, is prohibited unless the animal owner of the operation has 
obtained approval of an animal waste management plan from the 
Secretary.
    (f) Duration.--
            (1) In general.--Approval of an animal waste management 
        plan may be effective for any period not to exceed 5 years.
            (2) Deadline for completion.--Approval of an animal waste 
        management plan for the construction or expansion of a 
        concentrated animal feeding operation shall expire if the 
        construction or expansion is not completed within 1 year after 
        the date on which the approval is provided.
            (3) Renewal.--
                    (A) In general.--An application for renewal of 
                approval of an animal waste management plan shall be 
                submitted to the Secretary at least 180 days before the 
                date on which the approval expires.
                    (B) Terms and conditions.--Renewal of approval of 
                an animal waste management plan shall be subject to the 
                terms and conditions that apply to the approval of an 
                animal waste management plan for a concentrated animal 
                feeding operation at the time of renewal.

SEC. 5. ANIMAL WASTE MANAGEMENT PLANS.

    (a) In General.--In consultation with the Administrator of the 
Environmental Protection Agency, the Secretary shall establish the 
required elements of an animal waste management plan and establish 
technical standards for each element.
    (b) Purpose.--The required elements of an animal waste management 
plan shall be designed to prevent discharge of animal waste into 
surface or ground water.
    (c) Minimum Required Elements.--In addition to any other 
requirements imposed under this Act, the required elements of an animal 
waste management plan for a concentrated animal feeding operation shall 
include--
            (1) the names, addresses, and telephone numbers of the 
        animal owner and operator;
            (2) the location and number of acres of the concentrated 
        animal feeding operation;
            (3) the location of the properties adjoining the 
        concentrated animal feeding operation and the names, addresses, 
        and telephone numbers of the owners of the properties;
            (4) if any animal waste will be applied on land other than 
        land owned by the animal owner or operator, a copy of each 
        written agreement executed between the animal owner and the 
        owner of the land where the waste will be applied that relates 
        to the waste;
            (5) a map indicating the general layout of the concentrated 
        animal feeding operation, including--
                    (A) the location of each building or other 
                structure;
                    (B) the location of all portions of the containment 
                system;
                    (C) the location and flow of any surface water; and
                    (D) the direction and degree of all grades within 
                the property lines of the concentrated animal feeding 
                operation;
            (6) a certification by the animal owner that the animal 
        owner will be responsible for and will ensure compliance with 
        the animal waste management plan and the requirements of this 
        Act;
            (7) information necessary to determine the land area 
        required for the application of animal waste from the 
        concentrated animal feeding operation in accordance with the 
        requirements of this Act and any crop or cover schedule 
        specified in the plan;
            (8) a schedule for periodic testing of soil nutrient 
        levels;
            (9) a schedule for periodic testing of animal waste 
        nutrient levels;
            (10) an estimate of the annual animal production and the 
        annual quantity of each type of animal waste produced by the 
        concentrated animal feeding operation;
            (11) a description of the nutrient management methods, 
        procedures, and practices to be used by the concentrated animal 
        feeding operation to ensure that nutrients from all sources, 
        including animal waste and commercial fertilizer, are applied 
        in accordance with this Act;
            (12) a description of the methods, structures, or practices 
        to be used by the concentrated animal feeding operation to 
        prevent or minimize--
                    (A) soil loss;
                    (B) surface water pollution;
                    (C) ground water pollution; and
                    (D) odors caused by animal waste during collection, 
                storage, and application;
            (13) technical specifications for the design and 
        construction of containment systems to be used by the 
        concentrated animal feeding operation;
            (14) a description of methods, procedures, and practices to 
        be used by the concentrated animal feeding operation for--
                    (A) operation, monitoring, maintenance, and 
                inspection of animal waste storage facilities; and
                    (B) handling, transportation, application, and 
                treatment of animal waste, including storage volume, 
                schedules for emptying storage facilities, and 
                application schedules, rates, and locations;
            (15) a description of contingency measures to be used by 
        the concentrated animal feeding operation to minimize 
        environmental pollution resulting from any unexpected waste 
        leak or discharge;
            (16) a description of practices and procedures to be used 
        by the concentrated animal feeding operation for the keeping of 
        records detailing compliance with the animal waste management 
        plan and this Act; and
            (17) any additional requirements necessary to comply with 
        applicable Federal, State, and local laws (including 
        regulations).

SEC. 6. ANIMAL WASTE CONTROL.

    (a) Maximum Levels for Nitrogen and Phosphorus.--The application of 
animal waste to land by any person is prohibited if (taking into 
account all sources of nutrients, including commercial fertilizer) the 
application of animal waste would result in the application of nitrogen 
or phosphorus in a quantity that--
            (1) exceeds the quantity necessary to meet crop nutrient 
        requirements; and
            (2) significantly increases the risk of increased soil 
        toxicity or the pollution of surface or ground water.
    (b) Maximum Levels for Other Substances.--
            (1) Establishment.--In consultation with the Administrator 
        of the Environmental Protection Agency, the Secretary shall 
        establish maximum permitted levels for other nutrients, 
        minerals, metals, or other substances found in animal waste 
        whose presence in land above the levels would pose a 
        significant threat of environmental pollution or soil toxicity.
            (2) Excess levels.--The application of animal waste to land 
        by any person is prohibited if following the application of the 
        animal waste the level of a substance referred to in paragraph 
        (1) would exceed the maximum level established for the 
        substance by the Secretary.
    (c) Application of Waste to Land.--
            (1) Aerial spraying.--The Secretary shall establish minimum 
        distances from environmentally sensitive locations (including 
        distances from surface water, water supply wells, wetlands not 
        used for water treatment purposes, floodplains, and the 
        drainage areas of drainage wells, drainage ditches, tile 
        drainage lines, and subsurface drainage inlets) within which 
        animal waste shall not be applied by aerial spraying.
            (2) Other restrictions.--The Secretary may establish other 
        restrictions on aerial spraying (including a prohibition on 
        aerial spraying) that minimize the potential of water pollution 
        from animal waste.
            (3) Other applications.--Animal waste shall not be applied 
        on ice, snow, frozen soil, or water saturated soil.
    (d) Containment or Treatment of All Waste.--
            (1) Containment.--Any containment system shall retain all 
        animal waste produced by the operation between applications, 
        including runoff that runs through or into any area or 
        structure in which animal waste is present.
            (2) Treatment of excess waste.--If a wet waste operation 
        produces more animal waste than can be applied to land in 
        accordance with this Act or used for another purpose determined 
        by the Secretary to pose no significant risk of water 
        pollution, the operation shall treat the excess animal waste in 
        accordance with Federal, State, and local laws (including 
        regulations) governing the treatment of human waste.
            (3) Storage of excess waste.--If a dry waste operation 
        produces more animal waste than can be applied to land in 
        accordance with this Act or used for another purpose determined 
        by the Secretary to pose no significant risk of water 
        pollution, animal waste of the operation shall be stored only 
        in a covered, formed storage structure constructed in 
        accordance with technical standards established by the 
        Secretary that ensure that the structure has the structural 
        integrity to withstand expected internal and external load 
        pressures and will not discharge animal waste.
    (e) Construction and Use of Certain Structures.--An owner or 
operator of a concentrated animal feeding operation shall not construct 
or, effective beginning on the date that is 3 years after the date of 
enactment of this Act, use for the storage of animal waste--
            (1) a containment system, if any portion of the system is 
        located below the highest ground water level that occurs during 
        the year; or
            (2) an earthen lagoon that is--
                    (A) located in an area with characteristics 
                (including topology, hydrology, and soil composition) 
                that do not allow (according to technical standards 
                established by the Secretary) the construction of an 
                earthen lagoon without a significant risk of water 
                pollution from animal waste;
                    (B) located within minimum distances established by 
                the Secretary from environmentally sensitive locations, 
                including distances from surface water, water supply 
                wells, wetlands not used for water treatment purposes, 
                floodplains, and the drainage areas of drainage wells, 
                drainage ditches, tile drainage lines, and subsurface 
                drainage inlets; or
                    (C) not lined in accordance with technical 
                standards established by the Secretary that use the 
                best available technology.
    (f) Containment System for Wet Waste Operations.--The containment 
system for a wet waste operation shall include--
            (1) emergency shutoff devices that are designed and placed 
        in a manner that ensures the fastest practicable containment of 
        animal waste in the event of an unexpected leakage or other 
        discharge; and
            (2) failsafe structures that will contain, in the event 
        that a containment structure breaches or overflows, a minimum 
        quantity of animal waste equal to the maximum quantity loaded 
        into the containment structure in any 48-hour period.
    (g) Discontinuation of Use of Animal Waste Storage Structures.--An 
operator that ceases use of an animal waste storage structure shall, 
not later than 180 days after the date on which use of the structure 
ceases, remove and dispose of all animal waste from the structure in 
accordance with this Act.
    (h) Application of Animal Waste on Other Land.--Before applying 
animal waste from a concentrated animal feeding operation on land other 
than land owned by the animal owner or operator, the animal owner and 
the owner of the land where the waste will be applied shall execute a 
written agreement that includes such terms and conditions as are 
necessary to ensure that the waste is applied in accordance with this 
Act.

SEC. 7. RECORDKEEPING.

    (a) In General.--An animal owner shall maintain a current animal 
waste management plan and records that are sufficient to demonstrate 
compliance with the plan and this Act.
    (b) Duration.--The animal owner shall retain the records for not 
less than 3 years.

SEC. 8. ENFORCEMENT; PENALTIES.

    (a) Closure of Concentrated Animal Feeding Operations.--The 
Secretary shall take such actions as are necessary to compel the 
closure of a concentrated animal feeding operation if--
            (1) an animal waste management plan for the operation is 
        not submitted for approval, and approved, in accordance with 
        this Act; or
            (2) the approval of the plan for the operation has been 
        revoked by the Secretary.
    (b) Modification, Suspension, or Revocation of Plans.--
            (1) In general.--The Secretary may modify, suspend, or 
        revoke, in whole or in part, the approval of an approved plan 
        for cause.
            (2) Cause.--Cause for modification, suspension, or 
        revocation of the approval may include--
                    (A) failure to comply with the approved plan;
                    (B) a change in any condition of the concentrated 
                animal feeding operation that requires a change in the 
                containment system to maintain compliance with this 
                Act; and
                    (C) failure to submit to the Secretary, on request, 
                any records and information required to be maintained 
                under this Act.
    (c) Mandatory Review of Management Practices.--If a concentrated 
animal feeding operation is determined in an administrative action or 
proceeding of any Federal or State agency to have caused significant 
water pollution, the Secretary shall review the animal waste management 
practices of the concentrated animal feeding operation to determine 
if--
            (1) the pollution resulted from failure to comply with an 
        approved plan; and
            (2) modifications to the approved plan are required to 
        prevent further pollution.
    (d) Liability for Applications.--For the purposes of this section, 
the application of animal waste in a liquid form by any person in a 
manner that results in significant water pollution (as determined in an 
administrative action or proceeding of any Federal or State agency) 
shall be considered to be a failure by the animal owner of the 
concentrated animal feeding operation that produced the waste to comply 
with the animal waste management plan of the operation.
    (e) Transfer of Responsibility or Liability From Owners to 
Operators.--No provision of a contract or other agreement between an 
animal owner and an operator shall transfer responsibility or liability 
under this Act from the animal owner to the operator.

SEC. 9. NONPREEMPTION.

    Nothing in this Act limits the authority of a State or local 
government to enforce stricter regulation of any aspect of a livestock 
or poultry feeding operation.

SEC. 10. VOLUNTARY COMPLIANCE INCENTIVES UNDER ENVIRONMENTAL QUALITY 
              INCENTIVES PROGRAM.

    (a) High Priority for Assistance and Payments.--Section 1240C of 
the Food Security Act of 1985 (16 U.S.C. 3839aa-3) is amended--
            (1) in paragraph (2), by striking ``or'' at the end;
            (2) in paragraph (3), by striking the period at the end and 
        inserting ``; or''; and
            (3) by adding at the end the following:
            ``(4) are provided for the development and implementation 
        of animal waste management plans that meet standards 
        established under the Animal Agriculture Reform Act by 
        livestock producers for whom animal waste management plans are 
        not required under that Act.''.
    (b) Approved Plan.--Section 1240E(a) of the Food Security Act of 
1985 (16 U.S.C. 3839aa-5(a)) is amended--
            (1) by striking ``To be'' and inserting the following:
            ``(1) Requirement.--To be''; and
            (2) by adding at the end the following:
            ``(2) Animal waste management plan.--An animal waste 
        management plan that meets the requirements of the Animal 
        Agriculture Reform Act, but that is prepared by a livestock 
        operator that is too small to be considered a concentrated 
        feeding operation (as defined in section 3 of that Act), shall 
        be considered to be an approved plan of operations under the 
        environmental quality incentives program.''.
    (c) Funding.--Section 1241(b) of the Food Security Act of 1985 (16 
U.S.C. 3841(b)) is amended--
            (1) by redesignating paragraph (2) as paragraph (3); and
            (2) by inserting after paragraph (1) the following:
            ``(2) Authorization of appropriations.--In addition to any 
        amounts that are made available under paragraph (1), there are 
        authorized to be appropriated to carry out the environmental 
        quality incentives program $600,000,000 for each of fiscal 
        years 1999 through 2002.''.

SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out this Act.
                                 <all>
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