House File 2359 HOUSE FILE BY KUHN Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act providing standards for the construction of structures 2 associated with confinement feeding operation structures, 3 making penalties applicable, and providing an effective date. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 6093YH 80 6 da/gg/14 PAG LIN 1 1 Section 1. Section 459.307, subsection 4, Code Supplement 1 2 2003, is amended to read as follows: 1 3 4. A person shall only construct a formed manure storage 1 4 structure on karst terrain or an area which drains into a 1 5 known sinkhole pursuant to upgraded construction design 1 6 standards, which must at least include upgraded standards for 1 7 concrete, necessary to ensure that the structure does not 1 8 pollute groundwater sources. Until the department adopts 1 9 rules providing upgraded construction design standards, the 1 10 person must install and operate a water pollution monitoring 1 11 system as part of the formed manure storage structure. 1 12 Sec. 2. Section 459.308, subsection 3, Code Supplement 1 13 2003, is amended to read as follows: 1 14 3. A person shall not construct an unformed manure storage 1 15 structure on karst terrain or on an area that drains into a 1 16 known sinkhole.However, a person may construct an unformed 1 17 manure storage structure, if there is a twenty=five=foot 1 18 vertical separation distance between the bottom of the 1 19 unformed manure storage structure and underlying limestone, 1 20 dolomite, or other soluble rock.1 21 Sec. 3. EFFECTIVE DATE. This Act, being deemed of 1 22 immediate importance, takes effect upon enactment. 1 23 EXPLANATION 1 24 This bill amends provisions established under the Animal 1 25 Agriculture Compliance Act (Code chapter 459), which provides 1 26 for the regulation of animal feeding operations by the 1 27 department of natural resources. That chapter generally 1 28 includes provisions regulating where confinement feeding 1 29 operation structures may be constructed. 1 30 Code section 459.307 establishes construction design 1 31 standards for formed manure storage structures. A provision 1 32 of that section provides that a person may only construct a 1 33 formed manure storage structure on karst terrain or an area 1 34 which drains into a known sinkhole pursuant to upgraded 1 35 construction design standards. The bill provides that the 2 1 standards must include upgraded standards for concrete. It 2 2 also provides that until the department adopt rules for those 2 3 upgraded standards, a person constructing a structure within 2 4 the area must install monitoring wells. 2 5 Code section 459.308 prohibits the construction of an 2 6 unformed manure storage structure on karst terrain. The 2 7 section contains one exemption which provides that a person 2 8 may construct a structure on karst terrain if there is a 25= 2 9 foot separation distance between the bottom of the structure 2 10 and soluble rock. The bill eliminates the exception. 2 11 Under Code section 459.603, a person who violates 2 12 construction standards regulating water quality is subject to 2 13 a civil penalty of up to $5,000 for each day of the violation. 2 14 LSB 6093YH 80 2 15 da/gg/14.1