Senate
File
269
-
Introduced
SENATE
FILE
269
BY
SENG
,
JOHNSON
,
SEYMOUR
,
HOUSER
,
KIBBIE
,
RIELLY
,
KAPUCIAN
,
HAHN
,
HANCOCK
,
and
FRAISE
A
BILL
FOR
An
Act
relating
to
wastewater
discharges
by
on-farm
processing
1
operations.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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269
Section
1.
NEW
SECTION
.
455B.198A
Wastewater
discharge
——
1
on-farm
processing.
2
1.
As
used
in
this
section:
3
a.
“Farm”
means
the
land
and
structures
used
in
the
4
production
of
an
agricultural
animal
or
crop
as
defined
in
5
section
717A.1.
6
b.
“Food
commodity”
means
any
commodity
that
is
derived
from
7
a
live
agricultural
animal
or
harvested
crop,
both
as
defined
8
in
section
717A.1,
which
is
intended
for
human
consumption
in
9
its
raw
or
processed
state,
and
which
in
its
raw
state
includes
10
but
is
not
limited
to
milk,
eggs,
vegetables,
fruits,
nuts,
11
syrup,
and
honey.
12
c.
“On-farm
processing
operation”
means
any
place
located
13
on
a
farm
where
the
form
or
condition
of
a
food
commodity
14
originating
from
that
farm
or
another
farm
is
changed
or
15
packaged
for
human
consumption,
including
but
not
limited
to
a
16
dairy,
creamery,
winery,
distillery,
or
cannery.
The
change
to
17
the
food
commodity
may
include
cleaning,
cooling,
pasteurizing,
18
purifying,
or
preserving
the
food
commodity.
19
d.
“Wastewater
disposal
system”
means
an
on-site
wastewater
20
treatment
and
disposal
system,
including
a
septic
system
and
21
soil
absorption
field,
that
discharges
wastewater
on
private
22
property.
23
2.
A
person
engaged
in
an
on-farm
processing
operation
who
24
qualifies
under
this
subsection
is
exempt
from
the
wastewater
25
discharge
regulations
provided
in
this
chapter,
and
rules
26
relating
to
such
regulations
adopted
by
the
department
pursuant
27
to
this
chapter,
for
wastewater
produced
from
the
on-farm
28
processing
operation.
In
order
to
qualify,
the
person
must
29
dispose
of
wastewater
as
follows:
30
a.
The
person
shall
not
dispose
of
the
wastewater
into
31
a
stream,
lake,
pond,
river,
watercourse,
waterway,
well,
32
agricultural
drainage
well,
sinkhole,
spring,
reservoir,
or
33
aquifer.
34
b.
The
person
shall
not
discharge
the
wastewater
using
land
35
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269
application
or
a
wastewater
disposal
system
if
any
one-day
1
biochemical
oxygen
demand
contributed
by
the
wastewater
exceeds
2
five
pounds.
In
addition,
the
following
applies:
3
(1)
The
wastewater
shall
not
be
land
applied
on
the
same
4
spot
on
more
than
one
occasion
within
a
five-day
period.
5
(2)
The
wastewater
shall
not
be
discharged
using
a
6
wastewater
disposal
system
allowed
for
a
single-family
dwelling
7
if
the
one-day
biochemical
oxygen
demand
contributed
by
the
8
wastewater
exceeds
one
pound.
Otherwise,
the
wastewater
9
disposal
system
may
be
used
if
approved
by
a
professional
10
engineer
certifying
that
the
wastewater
disposal
system
meets
11
state
effluent
quality
requirements
for
a
private
sewage
system
12
as
provided
in
567
IAC
ch.
69.
However,
in
all
cases
the
13
wastewater
must
be
compatible
with
the
wastewater
disposal
14
system.
15
c.
For
purposes
of
this
subsection,
the
biochemical
oxygen
16
demand
shall
be
determined
in
the
manner
and
at
the
temperature
17
used
by
the
department
to
determine
biochemical
oxygen
demand
18
for
pretreated
effluent.
19
3.
The
department
shall
adopt
by
rule
guidelines
to
assist
20
a
person
who
owns
or
operates
an
on-farm
processing
operation
21
in
determining
if
the
exemption
provided
in
this
section
is
22
applicable.
The
guidelines
shall
provide,
at
a
minimum,
an
23
estimate
of
the
maximum
number
of
gallons
of
milk
or
wine
that
24
could
be
processed
by
a
creamery
or
winery
utilizing
land
25
application
or
alternatively
a
wastewater
disposal
system.
26
4.
A
person
engaged
in
an
on-farm
processing
operation
who
27
qualifies
as
a
small
animal
feeding
operation
as
defined
in
28
section
459.102
may
dispose
of
wastewater
produced
by
the
small
29
animal
feeding
operation
in
the
same
manner
as
manure,
if
any
30
one-day
demand
for
the
biochemical
oxygen
demand
contributed
by
31
the
wastewater
does
not
exceed
five
pounds.
32
5.
The
department
may
adopt
rules
providing
additional
33
exemptions
from
the
requirements
of
this
chapter
that
would
34
otherwise
apply
to
the
disposal
of
wastewater
generated
by
an
35
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269
on-farm
processing
operation.
1
EXPLANATION
2
This
bill
provides
that
an
on-farm
processing
operation
3
may
be
exempt
from
state
regulations
governing
wastewater
4
discharge,
if
the
waste
produced
by
the
processing
operation
5
meets
certain
standards
measuring
“biochemical
oxygen
demand”,
6
a
chemical
procedure
which
determines
the
amount
of
dissolved
7
oxygen
in
a
volume
of
water
required
to
break
down
the
organic
8
compounds.
The
exemption
provided
in
the
bill
would
apply
to
9
an
operation
that
processes
a
food
commodity
produced
on
that
10
farm
or
another
farm
and
includes
a
dairy,
creamery,
winery,
11
distillery,
or
cannery.
The
standards
apply
to
both
disposal
12
by
land
application
and
on-site
wastewater
treatment
systems
13
including
a
private
septic
system.
The
bill
requires
the
14
department
to
adopt
guidelines
by
rule
that
could
be
used
by
15
creameries
and
wineries
to
determine
if
they
qualify
for
the
16
exemption.
If
a
person
is
a
small
animal
feeding
operation,
17
the
person
may
dispose
of
the
wastewater
in
the
same
manner
as
18
manure.
19
The
bill
also
authorizes
the
department
of
natural
resources
20
to
adopt
rules
providing
further
exemptions
applicable
to
21
on-farm
processing
operations.
22
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