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state regulation of cafos: missouri chapter 640.700 et seq.

CAFOs: Categories (MO Statutes Chapter 640.703. Class IA: 7,000 or more units (capacity)Class IB: 3,000-6,999 units (capacity)Class IC: 1,000-2,999 units (capacity)Class II: 300-999 units (capacity)One Animal Unit, as defined by DNR: 2.5 hogs--30 laying hens1 beef cow --100 broiler chickens0.7 dairy cow -- 55 turkeys0.5 horse --10 sheep.

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state regulation of cafos: missouri chapter 640.700 et seq.

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    1. 1 State Regulation of CAFOs: Missouri (Chapter 640.700 et seq.) Statute enacted in 1996 Sunset after 5 years (original enactment) Legislature removed the sunset in 2001 Setback Distances for Lagoons and other CAFO structures like buildings: From existing occupied residences & any public buildings Not from the boundary line nor from wells Nothing in this section shall be construed as restricting local controls DNR may, upon review of the information contained in the site plan including, but not limited to, the prevailing winds, topography and other local environmental factors, authorize a distance which is less than the buffer distance set out in the statute But NOT more than those stated buffer distances This would prevent DNR from requiring larger buffers Would require the Legislature to change the statute setting out the buffer distances

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    3. 3 One Animal Unit, as defined by DNR One Animal Unit, as defined by DNR: 2.5 hogs over 55 lbs 30 laying hens 100 broiler chickens 55 turkeys 1 beef cow/steer 0.7 dairy cow 0.5 horse 10 sheep

    4. 4 CAFOs: Buffers Buffer Distances: "at least but not more than" Class 1A: 3,000 feet Class 1B: 2,000 feet Class 1C: 1,000 feet Class II: No buffer requirement Example: No buffer is required for a hog CAFO with fewer than 2,500 hogs (1,000 animal units)

    5. CAFO: Class IA Costs Inspections by DNR: Min. 1 per quarter Hire Inspection Employee Recordkeeping: Inspect flush system every 12 hours Self-Report Violations to DNR & Neighbors Within Buffer Zone: Within 24 hours Fee to Indemnity Fund: 10-cents per animal unit annually for 10 years (eg., $700/year for 7,000 animal units or 17,500 hogs) 5

    6. 6 Notice to Neighbors Prior to filing an application to acquire a construction permit from DNR, the owner or operator of any class IA, class IB, or class IC CAFO shall provide the following information to the DNR, to the county governing body, and to all adjoining property owners of property located within one and one- half times the buffer distance as specified for the size of the proposed facility: (1) The number of animals anticipated at such facility; (2) The waste handling plan and general layout of the facility; (3) The location and number of acres of such facility; (4) Name, address, telephone number and registered agent for further information as it relates to subdivisions (1) to (3) of this subsection; (5) Notice that DNR will accept written comments from the public for a period of thirty days; and (6) The address of the regional or state office of DNR.

    7. CAFOs: Grandfathered, Sunset, Exemption Grandfather Clause: 640.710.3: All concentrated animal feeding operations in existence as of June 25, 1996, shall be exempt from the buffer distances Sunset: 640.755.3: The provisions of this section shall terminate five years after June 25, 1996 Exemption: 640.758: The provisions of this act shall not be construed to apply to any livestock market 7

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