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PAG LIN 1 1 Amend the amendment, H-5482, to Senate File 2446, 1 2 as amended, passed, and reprinted by the Senate, as 1 3 follows: 1 4 #1. Page 7, line 3, by inserting after the word 1 5 "operations." the following: "The department shall 1 6 allocate at least $100,000 of this amount to counties 1 7 to support county enforcement of animal feeding 1 8 operations as provided in this Act." 1 9 #2. Page 14, by inserting after line 41 the 1 10 following: 1 11 "Sec. . DEPARTMENT OF NATURAL RESOURCES – 1 12 CONSTRUCTION PERMITS. An application for a 1 13 construction permit for a confinement feeding 1 14 operation which is filed with the department of 1 15 natural resources before the effective date of this 1 16 Act shall not be subject to requirements in this Act 1 17 amending provisions in chapter 455B which affect the 1 18 application. However, nothing relieves the 1 19 application from complying with requirements in 1 20 chapter 455B as amended by 1995 Iowa Acts, chapter 1 21 195. 1 22 Sec. . ANIMAL AGRICULTURE CONSULTING 1 23 ORGANIZATION. The animal agriculture consulting 1 24 organization established pursuant to 1995 Iowa Acts, 1 25 chapter 195, section 37, is requested to draft a 1 26 proposal for a model building code applicable to 1 27 formed manure storage structures as defined in section 1 28 455B.161. The animal agriculture consulting 1 29 organization shall submit the draft proposal to the 1 30 general assembly not later than January 10, 1997." 1 31 #3. Page 15, by inserting before line 20 the 1 32 following: 1 33 "Sec. . NEW SECTION. 331.302A CONFINEMENT 1 34 FEEDING OPERATIONS. 1 35 1. If a confinement feeding operation, including a 1 36 related animal feeding operation structure, as 1 37 provided in chapter 455B, is located in a county, that 1 38 county board of supervisors may enforce the provisions 1 39 in chapter 455B applicable to confinement feeding 1 40 operations, including rules adopted by the department 1 41 of natural resources as provided in section 455B.173 1 42 against the owner of the confinement feeding 1 43 operation. 1 44 2. In order to proceed in an enforcement action, 1 45 the board must deliver a notice to the department, 1 46 stating that a confinement feeding operation may be in 1 47 violation of chapter 455B or departmental rules. The 1 48 board shall deliver the notice after approval of the 1 49 board action by resolution. The notice shall be in 1 50 writing and shall state the location of the 2 1 confinement feeding operation, the name and address of 2 2 the owner, the name and address of the complainant, 2 3 and an explanation of the possible violation. The 2 4 board may inform the department that the board 2 5 reserves its right to enforce chapter 455B and related 2 6 rules as provided in this section, if the department 2 7 fails to initiate an enforcement action or continue an 2 8 enforcement action which results in an administrative 2 9 hearing or a settlement of the case. The county may 2 10 begin enforcement proceedings after fourteen calendar 2 11 days following delivery of the notice, unless the 2 12 county receives notice by the department that the 2 13 department has initiated an enforcement action in the 2 14 case as provided in this subsection. The department 2 15 shall proceed in the active enforcement of the case. 2 16 3. Once a county begins an enforcement action as 2 17 provided in this section, it shall be the party in 2 18 interest in the case and shall have sole authority and 2 19 responsibility to carry out the action. The county 2 20 may refer any case to the attorney general. The 2 21 department of natural resources may assume prosecution 2 22 of the enforcement action from the county. However, 2 23 if the department assumes prosecution of the 2 24 enforcement action, the department shall be required 2 25 to resolve the action. 2 26 4. The county shall bring the enforcement action 2 27 according to the same procedures used for a county 2 28 infraction as provided in section 331.307. The 2 29 department shall establish classifications for 2 30 violations and the maximum amount that a county may 2 31 assess as a civil penalty for each classification. 2 32 However, the amount of the civil penalty shall not be 2 33 more than could be assessed by the department for the 2 34 same violation. The department shall reimburse the 2 35 county for fifty percent of the costs incurred by the 2 36 county in enforcing the action. 2 37 Sec. . Section 455B.161, subsection 3, Code 2 38 Supplement 1995, is amended to read as follows: 2 39 3. a. "Animal feeding operation" means a lot, 2 40 yard, corral, building, or other area in which animals 2 41 are confined and fed and maintained for forty-five 2 42 days or more in any twelve-month period, and all 2 43 structures used for the storage of manure from animals 2 44 in the operation. 2 45 b. Two or more animal feeding operationsunder2 46 shall be deemed to be a single animal feeding 2 47 operation if the operations meet both of the following 2 48 criteria: 2 49 (1) Are under common ownership or managementare2 50deemed to be a single animal feeding operation if they3 1are adjacent or utilize. 3 2 (2) Utilize a common system for manure storage or 3 3 are separated at their closest points by two thousand 3 4 five hundred feet or less. 3 5 c. An animal feeding operation does not include a 3 6 livestock market. 3 7 Sec. . Section 455B.171, Code Supplement 1995, 3 8 is amended by adding the following new subsection: 3 9 NEW SUBSECTION. 1A. "Earthen manure storage 3 10 basin" means the same as defined in section 455B.161. 3 11 Sec. . Section 455B.172, Code 1995, is amended 3 12 by adding the following new subsections: 3 13 NEW SUBSECTION. 9. A county board of supervisors 3 14 in the county where a confinement feeding operation is 3 15 located may enforce the provisions of this chapter 3 16 including rules adopted by the department pursuant to 3 17 section 455B.173, against the confinement feeding 3 18 operation, as provided in section 331.302A. 3 19 NEW SUBSECTION. 10. Pursuant to one or more 3 20 chapter 28E agreements entered into by the department 3 21 and the county boards of health for Appanoose, Clarke, 3 22 Decatur, Lucas, Monroe, and Wayne counties, the 3 23 department may delegate its authority to the county 3 24 boards of health in those counties, under the 3 25 authority granted to the county boards of health in 3 26 chapter 137, to inspect water in or originating from 3 27 the Rathbun water impoundment. The inspection may 3 28 include testing, monitoring, and analyzing water in or 3 29 originating from the water impoundment. The county 3 30 board of health shall only inspect water in or 3 31 originating from the water impoundment if all of the 3 32 following apply: 3 33 a. The inspection is within an area where the 3 34 point of pollution could occur between manure from an 3 35 animal feeding operation structure which is part of a 3 36 confinement feeding operation and water in or 3 37 originating from the water impoundment. 3 38 b. The confinement feeding operation confines and 3 39 feeds swine. 3 40 c. The total manure storage capacity of manure 3 41 storage structures connected to the confinement 3 42 feeding operation is four million gallons or more. 3 43 A county may impose a special annual fee on each 3 44 confinement feeding operation which has been assessed 3 45 a civil penalty during the year, in order to reimburse 3 46 the county board of health for administering this 3 47 subsection. The amount of the annual fee shall not 3 48 exceed one thousand dollars. If unpaid when due as 3 49 provided by the county, the amount shall be placed 3 50 upon the tax books and collected, with interest and 4 1 penalties after due, in the same manner as other 4 2 unpaid property taxes. 4 3 Sec. . Section 455B.201, Code Supplement 1995, 4 4 is amended by adding the following new subsection: 4 5 NEW SUBSECTION. 5. A person shall not construct 4 6 or expand an earthen manure storage basin used in 4 7 conjunction with a confinement feeding operation in 4 8 which swine are confined, if all earthen manure 4 9 storage basins serving the confinement feeding 4 10 operation as constructed or expanded would have a 4 11 capacity to store more than four million gallons of 4 12 waste discharge. 4 13 Sec. . Section 455B.204, subsection 1, 4 14 unnumbered paragraph 1, Code Supplement 1995, is 4 15 amended to read as follows: 4 16 An animal feeding operation structure shall be 4 17locatedconstructed at leastfiveone thousand two 4 18 hundred fifty feet away from an unplugged agricultural 4 19 drainage well or the surface intake of an agricultural 4 20 drainage wellor; at least five hundred feet away from 4 21 a known sinkhole,; and at least two hundred feet away 4 22 from a lake, river, or stream located within the 4 23 territorial limits of the state, or any marginal river 4 24 area adjacent to the state, which can support a 4 25 floating vessel capable of carrying one or more 4 26 persons during a total of a six-month period in one 4 27 out of ten years, excluding periods of flooding. 4 28 However, no distance separation is required between a 4 29 location or object and a farm pond or privately owned 4 30 lake, as defined in section 462A.2." 4 31 #4. Page 15, by striking lines 26 through 28. 4 32 #5. By renumbering as necessary. 4 33 4 34 4 35 4 36 SUKUP of Franklin 4 37 SF 2446.724 76 4 38 da/sc
Text: H05662 Text: H05664 Text: H05600 - H05699 Text: H Index Bills and Amendments: General Index Bill History: General Index
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