640.710. Department to regulate facilities--rules--setback--exemption.

MISSOURI STATUTES AND CODES

640.710. Department to regulate facilities--rules--setback--exemption.

Department to regulate facilities--rules--setback--exemption.

640.710. 1. The department shall promulgate rules regulating theestablishment, permitting, design, construction, operation and managementof class I facilities. The department shall have the authority andjurisdiction to regulate the establishment, permitting, design,construction, operation and management of any class I facility. Such rulesmay require monitoring wells on a site-specific basis when, in thedetermination of the division of geology and land survey, class IAconcentrated animal feeding operation lagoons are located in hydrologicallysensitive areas where the quality of groundwater may be compromised. Suchrules and regulations shall be designed to afford a prudent degree ofenvironmental protection while accommodating modern agricultural practices.

2. Except as provided in subsections 3 and 4 of this section, thedepartment shall require at least but not more than the following bufferdistances between the nearest confinement building or lagoon and any publicbuilding or occupied residence, except a residence which is owned by theconcentrated animal feeding operation or a residence from which a writtenagreement for operation is obtained:

(1) For concentrated animal feeding operations with at least onethousand animal units, one thousand feet;

(2) For concentrated animal feeding operations with between threethousand and six thousand nine hundred ninety-nine animal units inclusive,two thousand feet; and

(3) For concentrated animal feeding operations of seven thousand ormore animal units, three thousand feet.

3. All concentrated animal feeding operations in existence as of June25, 1996, shall be exempt from the buffer distances prescribed insubsection 2 of this section. Such distances shall not apply toconcentrated animal feeding operations which have received a writtenagreement which has been signed by all affected property owners within thebuffer distance.

4. The department may, upon review of the information contained inthe site plan including, but not limited to, the prevailing winds,topography and other local environmental factors, authorize a distancewhich is less than the distance prescribed in subsection 2 of this section.The department's recommendation shall be sent to the governing body of thecounty in which such site is proposed. The department's authorized bufferdistance shall become effective unless the county governing body rejectsthe department's recommendation by a majority vote at the next meeting ofthe governing body after the recommendation is received.

5. Nothing in this section shall be construed as restricting localcontrols.