CAFOs: Buffers MO Stat Chapter 640.700.758


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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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CAFOs Categories(MO Statutes Chapter 640.703

• Class IA 7000 or more units (capacity)
• Class IB 3000-6999 units (capacity)
• Class IC 1000-2999 units (capacity)
• Class II 300-999 units (capacity)
• One Animal Unit as defined by DNR
• 2.5 hogs --30 laying hens
• 1 beef cow --100 broiler chickens
• 0.7 dairy cow -- 55 turkeys
• 0.5 horse --10 sheep

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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

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CAFOs Buffers

• Buffer Distances at least but not more than
• Class 1A 3000 feet
• Class 1B 2000 feet
• Class 1C 1000 feet
• Class II No buffer requirement
• Example No buffer is required for a hog CAFO
  with fewer than 2500 hogs (1000 animal units)

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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 7000
  animal units or 17500 hogs)

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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.

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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

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Value of Hogs and Pigs as a Percent of
Agriculture Products Sold 2002