HF 489 (LSB 2262YH (2) 86)

HOUSE FILE 489

BY  KELLEY

A BILL FOR

An Act providing for the application of manure originating from animal feeding operations, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 459.102, Code 2015, is amended by adding the following new subsections:
   NEW SUBSECTION.  48A.  “Rainfall event” means any period of continuous rainfall.
   NEW SUBSECTION.  50A.  “Saturated ground” means the top two inches of soil that due to precipitation can no longer absorb liquid as determined according to rules adopted by the department.
    Sec. 2.  Section 459.312, subsection 10, paragraph h, Code 2015, is amended by striking the paragraph.
    Sec. 3.  Section 459.313A, Code 2015, is amended by striking the section and inserting in lieu thereof the following:
   459.313A  Application of manure on land —— frozen, snow-covered, and saturated ground —— authorized and prohibited —— exceptions.
   1.  A person may apply manure originating from an animal feeding operation on frozen ground, snow-covered ground, or saturated ground, except to the extent otherwise provided by applicable requirements in this section, this chapter, or the national pollutant discharge elimination system pursuant to the federal Water Pollution Control Act, 33 U.S.C. ch. 26, as amended, and 40 C.F.R. pts. 122 and 412.
   2.  A person shall not apply liquid manure, originating from a manure storage structure that is part of a confinement feeding operation, on land that is any of the following:
   a.  Frozen ground, snow-covered ground, or saturated ground.
   b.  Located in a five-digit zip code area that is subject to a rainfall event as forecast by the national weather service, immediately prior to the beginning of the rainfall event, predicting a fifty percent or greater probability that the area will receive more than one quarter inch of rain during the rainfall event’s first twenty-four hours. In that case, the person shall not apply the liquid manure for twenty-four hours from the beginning of the rainfall event.
   3.  Subsection 2 does not apply to the application of liquid manure that is any of the following:
   a.  Originates from a manure storage structure that is part of a small animal feeding operation.
   b.  Is injected into the soil or incorporated within the soil on the same date as the manure is first applied.
    Sec. 4.  NEW SECTION.  459.313B  Application of liquid manure on sloped land —— prohibited exceptions.
   1.  A person shall not apply liquid manure originating from a manure storage structure, that is part of a confinement feeding operation, on land having a slope with a grade exceeding twenty percent.
   2.  Subsection 1 does not apply to the application of liquid manure that is any of the following:
   a.  Originates from a manure storage structure that is part of a small confinement feeding operation.
   b.  Is injected into the soil or incorporated within the soil on the same date as the manure is first applied. 
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   BILL. This bill allows a person to apply manure originating from an animal feeding operation on saturated ground, unless it is liquid manure originating from a confinement feeding operation. In that case, the bill prohibits the application of such liquid manure on saturated ground as well as on frozen or snow-covered ground regardless of the season. The prohibition also requires a 24-hour delay if the national weather service forecasts rain. The bill also prohibits a person from applying liquid manure originating from a confinement feeding operation on land having a slope with a grade exceeding 20 percent. The prohibitions do not apply: (1) if the manure originates from a small animal feeding operation or (2) the manure is injected or incorporated.
   CURRENT LAW. Generally, a person may apply manure originating from an animal feeding operation on snow-covered or frozen ground, except during a period beginning in winter and ending in early spring. However, an exception allows such application if there is an emergency, the manure originates from a small animal feeding operation, or if the manure is injected or incorporated. The prohibition is enforced by the department of natural resources.
   TERMS. An “animal feeding operation” is a place where animals (cattle, swine, horses, sheep, chickens, turkeys, or fish) are confined for 45 or more days in a 12-month period. A “confinement feeding operation” is an animal feeding operation in which animals are confined in roofed areas (e.g., buildings). A small animal feeding operation uses a formed manure storage that has less than a 500 animal unit capacity (e.g., 1,250 head of hogs weighing more than 55 pounds). Injection is the process of applying manure beneath the soil surface and incorporation is a process that mixes manure into the soil.
   APPLICABLE PENALTIES. A person who applies liquid manure in violation of the bill’s prohibition would be subject to a civil penalty, that may be administratively assessed by the department, in an amount of not more than $10,000 (Code section 455B.109), or judicially assessed for an amount not more than $5,000 per each day of the violation (Code section 455B.191). Collected moneys would be deposited into the watershed improvement fund (Code sections 459.603 and 466A.2).