Senate File 2049 - Introduced SENATE FILE 2049 BY D. JOHNSON A BILL FOR An Act requiring a notice of structural failure involving a 1 manure storage structure that is part of a confinement 2 feeding operation, making penalties applicable, and 3 including effective date provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5219XS (11) 87 da/rn

S.F. 2049 Section 1. NEW SECTION . 459.309 Manure storage structures 1 —— notice of structural failure. 2 1. The owner or operator of a confinement feeding operation 3 shall notify the department of the structural failure of a 4 manure storage structure that is part of the confinement 5 feeding operation, regardless of whether it is a failure in 6 design or construction or whether such failure may result in a 7 violation of section 459.311. 8 2. The owner or operator of a confinement feeding operation 9 shall notify the department of a probable immediate structural 10 failure of a manure storage structure that is part of a 11 confinement feeding operation, as described in subsection 1. 12 The determination of a probable immediate structural failure 13 shall be based on factors established by the department which 14 may include any of the following: 15 a. An observation by the owner or operator of the 16 confinement feeding operation that the integrity of the 17 structure has been compromised. 18 b. An observation by the owner or operator of the 19 confinement feeding operation that a discharge from the manure 20 storage structure appears to have occurred. 21 c. A verbal or written report made to the owner or operator 22 of the confinement feeding operation by a professional engineer 23 based on the professional engineer’s inspection of the manure 24 storage structure. 25 3. The department shall adopt rules providing notice 26 procedures, including when and how the owner or operator of 27 the confinement feeding operation is required to contact the 28 department. 29 a. The department may provide for different procedures based 30 on factors established by the department that quantify the 31 level of threat to water quality resulting from a structural 32 failure as described in subsection 1 or a probable immediate 33 structural failure as described in subsection 2. The factors 34 may include but are not limited to any of the following: 35 -1- LSB 5219XS (11) 87 da/rn 1/ 3

S.F. 2049 (1) The type and size of the confinement feeding operation 1 structure. 2 (2) The proximity of any discharge or probable immediate 3 discharge to the groundwater, a major water source, or a 4 high-quality water source. 5 (3) Whether the confinement feeding operation structure is 6 located on karst terrain. 7 b. The department may provide for different procedures 8 based on whether the structural failure has caused or may cause 9 injury or suffering to an animal maintained in a confinement 10 building that is associated with a manure storage structure. 11 Sec. 2. EFFECTIVE DATE. This Act, being deemed of immediate 12 importance, takes effect upon enactment. 13 EXPLANATION 14 The inclusion of this explanation does not constitute agreement with 15 the explanation’s substance by the members of the general assembly. 16 BILL’S PROVISIONS. This bill requires the owner or operator 17 of a confinement feeding operation to notify the department of 18 natural resources (DNR) of any actual or probable immediate 19 structural failure from an associated manure storage structure 20 (structure). The failure may be the result of either the 21 design or construction of the structure. The determination 22 of a probable immediate structural failure must be based on 23 factors established by DNR which may include an observation by 24 the owner or operator or a report submitted to the owner or 25 operator by a professional engineer. DNR is required to adopt 26 rules that provide for notice procedures which may take into 27 account factors that quantify the level of threat to water 28 quality resulting from a discharge or an injury to or death of 29 an animal maintained in an associated confinement building. 30 BACKGROUND. The bill amends provisions in Code chapter 459 31 (“Animal Agriculture Compliance Act”) which in part regulates 32 confinement feeding operations; meaning any area where certain 33 agricultural animals are confined to totally roofed areas 34 (most commonly buildings), if fed and maintained for 45 35 -2- LSB 5219XS (11) 87 da/rn 2/ 3

S.F. 2049 days or more in any 12-month period, and includes associated 1 manure storage structures. Code chapter 459, subchapter III, 2 regulates water quality, and includes requirements for the 3 construction of a number of types of manure storage structures, 4 including those made of durable materials such as concrete 5 and steel (formed) and an impoundment including an anaerobic 6 lagoon, aerobic structure, or earthen manure storage basin 7 (unformed). Generally, a manure storage structure must be 8 constructed pursuant to design standards established by DNR 9 rule (Code sections 459.307 and 459.308, and 567 IAC ch. 65). 10 A confinement feeding operation structure is required to retain 11 all manure produced between periods of manure disposal (Code 12 section 459.311) and is prohibited from discharging manure into 13 waters of the state which includes surface waters or ground 14 water sources. 15 PENALTIES APPLICABLE. A person who violates Code chapter 16 459, subchapter III, regulating water quality, is subject 17 to judicial action brought by the attorney general with 18 a civil penalty not to exceed $5,000 for each day of such 19 violation (Code sections 455B.191 and 459.603). However, 20 DNR is authorized to impose a range of civil penalties 21 administratively based on a number of criteria and in that case 22 the civil penalty cannot exceed $10,000 (Code sections 455B.109 23 and 459.603). 24 EFFECTIVE DATE. The bill, if enacted, would take effect upon 25 enactment. 26 -3- LSB 5219XS (11) 87 da/rn 3/ 3