TITLE 25

ANIMALS

CHAPTER 38

AGRICULTURE ODOR MANAGEMENT ACT

25-3804.  Design and construction. All new or modified liquid waste systems shall be designed by licensed professional engineers, approved by the director of the department of agriculture for compliance with the provisions of this chapter, and constructed in accordance with standards and specifications either approved by the director for management of odors or in accordance with any existing relevant memorandums of understanding with the department of environmental quality. Provided however, that all persons shall submit plans and specifications for new or modified liquid waste systems to the director for approval and shall not begin construction of a liquid waste system prior to approval of plans and specifications by the director. If construction is commenced prior to receiving necessary approval, the director may order construction activities to be ceased. No material deviation shall be made from the approved plans and specifications without the prior written approval of the director. Within thirty (30) days of completion of construction, alteration or modification of any new or modified liquid waste system, complete and accurate plans and specifications depicting the actual construction, alteration or modification performed must be submitted by the operator to the director. If construction does not materially deviate from the plans approved by the director, a statement to that effect shall be filed by the agricultural operation with the director.

History:

[25-3804, added 2001, ch. 383, sec. 1, p. 1342; am. 2002, ch. 261, sec. 3, p. 782.]