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S.F. No. 482 - Nuisance Protection for Agricultural Operations
 
Author: Senator Dan Sparks
 
Prepared By:
 
Date: February 17, 2015



 

Senate File 482 extends nuisance lawsuit protection to agricultural operations, regardless of size, that comply with or that are working to comply with certain state requirements.  The provisions of the bill apply to pending and future nuisance lawsuits. Specifically, the bill provides that an agricultural operation is not a public or private nuisance related to light, noise, or odor, if it:

  1. has no measurable impact on the impacted property;
  2. is in compliance with state noise standards;
  3. is in compliance with state ambient air quality standards for pollutants or air contaminants;
  4. is in compliance with state ambient air quality standards for hydrogen sulfide;
  5. is not in compliance with standards related to hydrogen sulfide when the agricultural operation was exempt from state air quality requirements for hydrogen sulfide; and
  6. is not in compliance with standards related to hydrogen sulfide and it is taking appropriate steps to get into compliance with state ambient air quality standards for hydrogen sulfide.
 
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