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108th CONGRESS
1st Session
S. 1407
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
July 15, 2003
Mr. Edwards 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 ``Concentrated Livestock Existing
Alongside Nature Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Animal owner.--
(A) In general.--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.
(B) Inclusions.--The term ``animal owner'' includes
an employee or agent of a person described in
subparagraph (A).
(3) Animal waste.--
(A) In general.--The term ``animal waste'' means
the excreta or other associated waste of an animal.
(B) Inclusions.--The term ``animal waste'' includes
litter, bedding, a dead animal, a composted animal
carcass, or other residual organic matter from a
concentrated animal feeding operation.
(4) 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
Administrator detailing the manner in which the operation will
comply with this Act.
(5) 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 Administrator).
(6) Application.--The term ``application'' means laying,
spreading on, irrigating, injecting, or otherwise placing
animal waste on land by any means.
(7) Approved plan.--The term ``approved plan'' means an
animal waste management plan for which a written notice of
approval has been issued by the Administrator, and is
effective, under this Act.
(8) 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 in which 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 Administrator 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 a capacity of at least 1,000
animals.
(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).
(9) 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.
(10) 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.
(11) Department.--The term ``Department'' means the
Department of Agriculture.
(12) 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.
(13) 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.
(14) 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.
(15) 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.
(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. 3. WATER AND SOIL POLLUTION.
(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 significantly increases the risk of
increased soil toxicity or the pollution of surface or ground water.
(b) Maximum Levels for Other Substances.--
(1) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Administrator, in consultation with
the Secretary of Agriculture, 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 soil toxicity or
environmental pollution.
(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 Administrator.
(c) Application of Waste to Land.--
(1) Aerial spraying.--The Administrator, in consultation
with the Secretary of Agriculture, shall establish--
(A) minimum distances from environmentally
sensitive locations and locations with high population
density or sensitive populations (including distances
from neighboring residences, schools, day care centers,
hospitals, medical facilities, 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; and
(B) limits and prohibitions on aerial spraying on
compromised soil during severe inclement weather.
(2) Other applications.--Animal waste shall not be
applied--
(A) on ice, snow, frozen soil, or water-saturated
soil; or
(B) in other conditions designated by the
Administrator.
(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 Administrator 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 Administrator 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
Administrator that ensure that the structure--
(A) has the structural integrity to withstand
expected internal and external load pressures; and
(B) 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 Administrator) the construction of
an earthen lagoon without a significant risk of water
pollution from animal waste;
(B) located within minimum distances established by
the Administrator from environmentally sensitive
locations and locations with high population density or
sensitive populations (including distances from
neighboring residences, schools, day care centers,
hospitals, medical facilities, 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 Administrator 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.--
(1) In general.--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.
(2) Permit.--An operator shall maintain for a storage
structure all applicable permits required under the Federal
Water Pollution Control Act (33 U.S.C. 1251 et seq.) until such
time as all animal waste is removed from the storage structure.
(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.
(i) No Authorization of Discharges.--Nothing in this section
authorizes the direct discharge of animal waste into surface water.
SEC. 4. AIR POLLUTION.
Section 109 of the Clean Air Act (42 U.S.C. 7409) is amended by
adding at the end the following:
``(e) Hydrogen Sulfide and Ammonia.--
``(1) Definition of cafo.--The term `CAFO' has the meaning
given the term `concentrated animal feeding operation' in
section 2 of the Concentrated Livestock Existing Alongside
Nature Act.
``(2) Limits on emissions.--
``(A) In general.--Not later than 1 year after the
date of enactment of this subsection, the Administrator
shall promulgate national primary ambient air quality
standards for hydrogen sulfide and ammonia as measured
at any point on the property line of a CAFO.
``(B) Permitted exceedances.--A CAFO may exceed a
standard under subparagraph (A) on not more than 7 days
in any calendar year if, for each day on which the
standard is to be exceeded, the owner or operator of
the CAFO provides to a State or local official
designated by the Administrator, at least 48 hours
before the day on which the standard will be exceeded,
notice of the upcoming exceedance.
``(3) No effect on other law; applicability.--Nothing in
paragraph (2)--
``(A) preempts any State or local law that imposes
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