Sec. 104. Integrator responsibilities and liabilities
488 words·~2 min read·
/bill/116/hr/6718/ih/section-104A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
An integrator that exercises substantial operational control of an AFO, as described in subsection (b), shall be responsible and liable for, with respect to the operation of the AFO— the disposal of dead animals; the disposal of manure, excrement, and other waste; the discharge or release of any air pollutant, including greenhouse gases, from any source located on or activity occurring at the AFO, including enteric processes, manure, and animal feed; the discharge of any pollutant to groundwater or any surface water body, including the production area, manure storage, manure land application area (crop field), tile drain, and agricultural stormwater runoff of the AFO; any harm suffered by the contract grower of the AFO or a third party from any activity described in subparagraphs
(A)through (D), or from any other on-property or off-property contamination, including following an extreme weather event; and any adverse health impacts, property value diminution, and loss of use and enjoyment of property suffered by neighboring residents of the AFO due to the operation of the AFO. The responsibilities and liabilities of an integrator under this subsection shall be nondelegable and nontransferable to any third party, including any contract grower. An integrator exercises substantial operational control of an AFO if the integrator— holds an ownership interest in the livestock or poultry, land, or other capital of the AFO; through a growout contract, marketing arrangement, or other arrangement, or through direct supervision of, or on-site participation in, activities at the AFO, controls— the activity of persons working at the AFO; the operation, management, or waste management practices of the AFO; or the manner in which livestock or poultry at the AFO are grown, fed, watered, ventilated, heated, cooled, or medicated; supplies feed, pharmaceuticals, or other inputs to the AFO; or requires a capital investment from the contract grower of the AFO for erecting or expanding facilities at the AFO. Any person may— bring a civil action against an integrator in an appropriate court to redress any violation of this section or any other law relating to the activities described in this section; and obtain appropriate relief in a civil action under subparagraph (A). The court shall award a reasonable attorney’s fee as part of the costs to a prevailing plaintiff in a civil action under this subsection. Nothing in this subsection preempts, alters, displaces, abridges, or supplants any claim or remedy available under any State or Federal law, including common law, that provides a remedy for civil relief. Section 402 of the Federal Water Pollution Control Act ( 33 U.S.C. 1342 ) is amended by adding at the end the following: The Administrator shall require that all persons exercising substantial operational control (as described in section 104(b) of the Farm System Reform Act of 2020 ) over an animal feeding operation (as defined in section 101 of that Act) jointly obtain a permit under this section for a discharge from the animal feeding operation. .
Connectionstraces to 1
Traces to 1 document
Citation graph
cites case law
Sec. 104
Integrator responsibilities and liabilities
Cites 1Cited by 0 across 0 sources