UNOFFICIAL COPY AS OF 11/17/1800 REG. SESS.00 RS BR 2387

AN ACT relating to animal feeding operations.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

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BR238700.100-2387

UNOFFICIAL COPY AS OF 11/17/1800 REG. SESS.00 RS BR 2387

SECTION 1. A NEW SECTION OF SUBCHAPTER 70 OF KRS CHAPTER 224 IS CREATED TO READ AS FOLLOWS:

As used in Sections 1 to 3 of this Act:

(1)"Animal feeding operation" means a lot or facility where animals have been, are, or will be stabled or confined and fed or maintained for a total of forty-five (45) days or more in any twelve (12) month period; and, where crops, vegetation, forage growth, or post-harvest residues are not sustained over any portion of the lot or facility in the normal growing season;

(2)"Animal unit" means the unit of measurement for determining the size of an animal feeding operation, as described in Section 2 of this Act;

(3)"CAFO" or "Concentrated animal feeding operation" means an animal feeding operation with more than one thousand (1,000) animal units that does not discharge pollutants into waters of the Commonwealth; and

(4)"Integrator" means any person who enters into a contract with an owner or operator of a CAFO, and that person owns the animals, directs the manner in which the animals will be housed or fed, or controls the inputs or other material aspects of the CAFO.

SECTION 2. A NEW SECTION OF SUBCHAPTER 70 OF KRS CHAPTER 224 IS CREATED TO READ AS FOLLOWS:

The following thresholds of animals by animal type are equal to one thousand (1,000) animal units. More than the following numbers of indicated animals are considered CAFOs:

(1)One thousand (1,000) slaughter or feeder cattle;

(2)Seven hundred (700) mature dairy cattle, whether milked or dry cows;

(3)Two thousand five hundred (2,500) swine, each weighing over twenty-five (25) kilograms (approximately fifty-five (55) pounds);

(4)Five hundred (500) horses;

(5)Ten thousand (10,000) sheep or lambs;

(6)Fifty-five thousand (55,000) turkeys;

(7)One hundred thousand (100,000) laying hens or broilers if the facility has a continuous overflow watering system;

(8)Thirty thousand (30,000) laying hens or broilers if the facility has a liquid manure system; or

(9)Five thousand (5,000) ducks.

SECTION 3. A NEW SECTION OF SUBCHAPTER 70 OF KRS CHAPTER 224 IS CREATED TO READ AS FOLLOWS:

An integrator shall not be liable for complying with any of the conditions relating to permitting CAFOs, and shall not be required to be a signatory to any permits. The owner or operator shall be liable for complying with the permitting conditions of a CAFO.

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BR238700.100-2387