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PAG LIN 1 1 Section 1. Section 13.13, subsection 2, Code 1995, is 1 2 amended to read as follows: 1 3 2. The farm assistance program coordinator shall contract 1 4 with a nonprofit organization chartered in this state to 1 5 provide mediation services as provided in chapters 654Aand, 1 6 654B, and 654C.The contract shall be awarded to the1 7organization by July 1, 1990.The contract may be terminated 1 8 by the coordinator upon written notice and for good cause. 1 9 The organization awarded the contract is designated as the 1 10 farm mediation service for the duration of the contract. The 1 11 organization may, upon approval by the coordinator, provide 1 12 mediation services other than as provided by law. The farm 1 13 mediation service is not a state agency for the purposes of 1 14 chapters 19A, 20, and 669. 1 15 Sec. 2. Section 13.15, unnumbered paragraph 1, Code 1995, 1 16 is amended to read as follows: 1 17 The farm mediation service shall recommend rules to the 1 18 farm assistance program coordinator. The coordinator shall 1 19 adopt rules pursuant to chapter 17A to set the compensation of 1 20 mediators and to implement this subchapter and chapters 654A, 1 21and654B, and 654C. 1 22 Sec. 3. NEW SECTION. 159.27 DISPOSAL OF MANURE WITHIN 1 23 DESIGNATED AREAS &endash; ADOPTION OF RULES. 1 24 The department shall adopt rules relating to the disposal 1 25 of manure in close proximity to a designated area. A person 1 26 shall not dispose of manure on cropland within two hundred 1 27 feet from a designated area, unless one of the following 1 28 applies: 1 29 1. The manure is applied by injection or incorporation 1 30 within twenty-four hours following the application. 1 31 2. An area of permanent vegetation cover exists for fifty 1 32 feet surrounding the designated area and that area is not 1 33 subject to manure application. 1 34 As used in this section, "designated area" means a known 1 35 sinkhole, or a cistern, abandoned well, unplugged agricultural 2 1 drainage well, agricultural drainage well surface inlet, 2 2 drinking water well, or lake, or a farm pond or privately 2 3 owned lake as defined in section 462A.2. However, a 2 4 "designated area" does not include a terrace tile inlet. 2 5 Sec. 4. NEW SECTION. 204.1 DEFINITIONS. 2 6 1. "Animal unit" means a unit of measurement used to 2 7 determine the animal capacity of a confinement feeding 2 8 operation, based upon the product of multiplying the number of 2 9 animals of each species by the following: 2 10 a. Slaughter and feeder cattle 1.0 2 11 b. Mature dairy cattle 1.4 2 12 c. Butcher and breeding swine, over fifty-five pounds 0.4 2 13 d. Sheep or lambs 0.1 2 14 e. Horses 2.0 2 15 f. Turkeys 0.018 2 16 g. Broiler or layer chickens 0.01 2 17 2. "Animal weight capacity" means the same as 2 18 defined in section 455B.161. 2 19 3. "Confinement feeding operation" means a confinement 2 20 feeding operation as defined in section 455B.161. 2 21 4. "Department" means the department of agriculture and 2 22 land stewardship. 2 23 5. "Fund" means the manure storage indemnity fund created 2 24 in section 204.2. 2 25 6. "Indemnity fee" means the fee provided in section 2 26 204.3. 2 27 7. "Manure" means animal excreta or other commonly 2 28 associated wastes of animals, including but not limited to 2 29 bedding, litter, or feed losses. 2 30 8. "Manure storage structure" means a structure used to 2 31 store manure as part of a confinement feeding operation 2 32 subject to a construction permit issued by the department of 2 33 natural resources pursuant to section 455B.173. A manure 2 34 storage structure includes, but is not limited to, an 2 35 anaerobic lagoon, formed manure storage structure, or earthen 3 1 manure storage basin, as defined in section 455B.161. 3 2 9. "Permittee" means a person who obtains a permit for the 3 3 construction of a manure storage structure, or a confinement 3 4 feeding operation, if a manure storage structure is connected 3 5 to the confinement feeding operation. 3 6 Sec. 5. NEW SECTION. 204.2 MANURE STORAGE INDEMNITY 3 7 FUND. 3 8 1. A manure storage indemnity fund is created as a 3 9 separate fund in the state treasury under the control of the 3 10 department. The general fund of the state is not liable for 3 11 claims presented against the fund. 3 12 2. The fund consists of moneys from indemnity fees 3 13 remitted by permittees to the department of natural resources 3 14 and transferred to the department of agriculture and land 3 15 stewardship as provided in section 204.3; sums collected on 3 16 behalf of the fund by the department through legal action or 3 17 settlement; moneys required to be repaid to the department by 3 18 a county pursuant to this chapter; civil penalties assessed 3 19 and collected by the department of natural resources pursuant 3 20 to chapter 455B, against permittees; moneys paid as a 3 21 settlement involving an enforcement action for a civil penalty 3 22 subject to assessment and collection against permittees by the 3 23 department of natural resources pursuant to chapter 455B; 3 24 interest, property, and securities acquired through the use of 3 25 moneys in the fund; or moneys contributed to the fund from 3 26 other sources. 3 27 3. The moneys collected under this section and deposited 3 28 in the fund shall be appropriated to the department for the 3 29 exclusive purpose of indemnifying a county for expenses 3 30 related to cleaning up the site of the confinement feeding 3 31 operation, including removing and disposing of manure from a 3 32 manure storage structure, and to pay the department for costs 3 33 related to administering the provisions of this chapter. For 3 34 each fiscal year, the department shall not use more than one 3 35 percent of the total amount which is available in the fund or 4 1 ten thousand dollars, whichever is less, to pay for the costs 4 2 of administration. Moneys in the fund shall not be subject to 4 3 appropriation or expenditure for any other purpose. 4 4 4. The treasurer of state shall act as custodian of the 4 5 fund and disburse amounts contained in the fund as directed by 4 6 the department. The treasurer of state is authorized to 4 7 invest the moneys deposited in the fund. The income from such 4 8 investment shall be credited to and deposited in the fund. 4 9 Notwithstanding section 8.33, moneys in the fund are not 4 10 subject to reversion to the general fund of the state. The 4 11 fund shall be administered by the department which shall make 4 12 expenditures from the fund consistent with the purposes set 4 13 out in this chapter. The moneys in the fund shall be 4 14 disbursed upon warrants drawn by the director of revenue and 4 15 finance pursuant to the order of the department. The fiscal 4 16 year of the fund begins July 1. The finances of the fund 4 17 shall be calculated on an accrual basis in accordance with 4 18 generally accepted accounting principles. The auditor of 4 19 state shall regularly perform audits of the fund. 4 20 5. On August 31 following the close of each fiscal year, 4 21 moneys which are not obligated or encumbered on June 30 of the 4 22 past fiscal year, less the department's estimate of the cost 4 23 to the fund for pending or unsettled claims, and which are in 4 24 excess of one million dollars, shall be deposited in the 4 25 organic nutrient management fund as created in section 161C.5 4 26 for purposes of supporting the organic nutrient management 4 27 program. 4 28 Sec. 6. NEW SECTION. 204.3 FEES. 4 29 An indemnity fee shall be assessed upon permittees which 4 30 shall be paid to and collected by the department of natural 4 31 resources, prior to issuing a permit for the construction of a 4 32 confinement feeding operation as provided in section 455B.173. 4 33 The amount of the fees shall be based on the following: 4 34 1. If the confinement feeding operation has an animal 4 35 weight capacity of less than six hundred twenty-five thousand 5 1 pounds, the following shall apply: 5 2 a. For all animals other than poultry, the amount of the 5 3 fee shall be five cents per animal unit of capacity for 5 4 confinement feeding operations. 5 5 b. For poultry, the amount of the fee shall be two cents 5 6 per animal unit of capacity for confinement feeding 5 7 operations. 5 8 2. If the confinement feeding operation has an animal 5 9 weight capacity of six hundred twenty-five thousand or more 5 10 pounds but less than one million two hundred fifty thousand 5 11 pounds, the following shall apply: 5 12 a. For all animals other than poultry, the amount of the 5 13 fee shall be seven and one-half cents per animal unit of 5 14 capacity for confinement feeding operations. 5 15 b. For poultry, the amount of the fee shall be three cents 5 16 per animal unit of capacity for confinement feeding 5 17 operations. 5 18 3. If the confinement feeding operation has an animal 5 19 weight capacity of one million two hundred fifty thousand or 5 20 more pounds, the following shall apply: 5 21 a. For all animals other than poultry, the amount of the 5 22 fee shall be ten cents per animal unit of capacity for 5 23 confinement feeding operations. 5 24 b. For poultry, the amount of the fee shall be four cents 5 25 per animal unit of capacity for confinement feeding 5 26 operations. 5 27 The department of natural resources shall deposit moneys 5 28 collected from the fees into the fund according to procedures 5 29 adopted by the department of agriculture and land stewardship. 5 30 Sec. 7. NEW SECTION. 204.4 CLAIMS AGAINST THE FUND. 5 31 1. A county that has acquired real estate containing a 5 32 manure storage structure following nonpayment of taxes 5 33 pursuant to section 446.19, may make a claim against the fund 5 34 to pay the costs of cleaning up the site of the confinement 5 35 feeding operation, including the costs of removing and 6 1 disposing of the manure from a manure storage structure. Each 6 2 claim shall include a bid by a qualified person, other than a 6 3 governmental entity, to remove and dispose of the manure for a 6 4 fixed amount specified in the bid. 6 5 2. The department shall determine if a claim is eligible 6 6 to be satisfied under this section, and do one of the 6 7 following: 6 8 a. Pay the amount of the claim required in this section, 6 9 based on the fixed amount specified in the bid submitted by 6 10 the county upon completion of the work. 6 11 b. Obtain a lower fixed amount bid for the work from 6 12 another qualified person, other than a governmental entity, 6 13 and pay the amount of the claim required in this section, 6 14 based on the fixed amount in this bid upon completion of the 6 15 work. The department is not required to comply with section 6 16 18.6 in implementing this section. 6 17 3. Upon a determination that the claim is eligible for 6 18 payment, the department shall provide for payment of one 6 19 hundred percent of the claim, as provided in this section. If 6 20 at any time the department determines that there are 6 21 insufficient moneys to make payment of all claims, the 6 22 department shall pay claims according to the date that the 6 23 claims are received by the department. To the extent that a 6 24 claim cannot be fully satisfied, the department shall order 6 25 that the unpaid portion of the payment be deferred until the 6 26 claim can be satisfied. However, the department shall not 6 27 satisfy claims from moneys dedicated for the administration of 6 28 the fund. 6 29 4. In the event of payment of a claim under this section, 6 30 the fund is subrogated to the extent of the amount of the 6 31 payment to all rights, powers, privileges, and remedies of the 6 32 county regarding the payment amount. The county shall render 6 33 all necessary assistance to the department in securing the 6 34 rights granted in this section. A case or proceeding 6 35 initiated by a county which involves a claim submitted to the 7 1 department shall not be compromised or settled without the 7 2 consent of the department. A county shall not be eligible to 7 3 submit a claim to the department if the county has compromised 7 4 or settled a case or proceeding, without the consent of the 7 5 department. 7 6 5. If upon disposition of the real estate the county 7 7 realizes an amount which exceeds the total amount of the 7 8 delinquent real estate taxes, the county shall forward to the 7 9 fund any excess amount which is not more than the amount 7 10 expended by the fund to pay the claim by the county. 7 11 Sec. 8. NEW SECTION. 204.4A SITE CLEANUP. 7 12 A county which has acquired real estate containing a 7 13 confinement feeding operation structure, as defined in section 7 14 455B.161, following the nonpayment of taxes pursuant to 7 15 section 446.19, may cleanup the site, including removing and 7 16 disposing of manure at any time. The county may seek 7 17 reimbursement including by bringing an action for the costs of 7 18 the removal and disposal from the person abandoning the real 7 19 estate. 7 20 A person cleaning up a site located on real estate acquired 7 21 by a county may dispose of any building or equipment used in 7 22 the confinement feeding operation located on the land 7 23 according to rules adopted by the department of natural 7 24 resources pursuant to chapter 17A, which apply to the disposal 7 25 of farm buildings or equipment by an individual or business 7 26 organization. 7 27 Sec. 9. NEW SECTION. 204.5 NO STATE OBLIGATION. 7 28 This chapter does not imply any guarantee or obligation on 7 29 the part of this state, or any of its agencies, employees, or 7 30 officials, either elective or appointive, with respect to any 7 31 agreement or undertaking to which this chapter relates. 7 32 Sec. 10. NEW SECTION. 204.6 DEPARTMENTAL RULES. 7 33 The department shall adopt administrative rules pursuant to 7 34 chapter 17A necessary to administer this chapter. 7 35 Sec. 11. Section 260E.3, Code 1995, is amended by adding 8 1 the following new subsection: 8 2 NEW SUBSECTION. 6. After August 31, 1995, a community 8 3 college shall not enter into an agreement for a project which 8 4 includes program services for employees of a confinement 8 5 feeding operation as defined in section 455B.161. 8 6 Sec. 12. Section 455B.109, subsection 4, Code 1995, is 8 7 amended to read as follows: 8 8 4. All civil penalties assessed by the department and 8 9 interest on the penalties shall be deposited in the general 8 10 fund of the state. However, civil penalties assessed by the 8 11 department and interest on penalties, arising out of 8 12 violations committed by animal feeding operations under 8 13 division II, part 2, shall be deposited in the manure storage 8 14 indemnity fund as created in section 204.2. Civil penalties 8 15 assessed by the department and interest on the penalties 8 16 arising out of violations committed by animal feeding 8 17 operations under division III, which may be assessed pursuant 8 18 to section 455B.191, shall be deposited in the manure storage 8 19 indemnity fund as created in section 204.2. 8 20 Sec. 13. NEW SECTION. 455B.110 ANIMAL FEEDING OPERATIONS 8 21 &endash; COMMISSION APPROVAL. 8 22 The department shall not initiate an enforcement action in 8 23 response to a violation by an animal feeding operation as 8 24 provided in this chapter or a rule adopted pursuant to this 8 25 chapter, or request the commencement of legal action by the 8 26 attorney general pursuant to section 455B.141, unless the 8 27 commission has approved the intended action. This section 8 28 shall not apply to an enforcement action in which the 8 29 department enforces a civil penalty of three thousand dollars 8 30 or less. This section shall also not apply to an order to 8 31 terminate an emergency issued by the director pursuant to 8 32 section 455B.175. 8 33 Sec. 14. Section 455B.134, subsection 3, paragraph f, 8 34 subparagraph (1), unnumbered paragraph 2, Code 1995, is 8 35 amended to read as follows: 9 1 Anaerobic lagoons, constructed or expanded on or after June 9 2 20, 1979, but prior to the effective date of this Act, or 9 3 earthen waste slurry storage basins, constructed or expanded 9 4 on or after July 1, 1990, but prior to the effective date of 9 5 this Act, which are used in connection with animal feeding 9 6 operations containing less than six hundred twenty-five 9 7 thousand pounds live animal weight capacity of animal species 9 8 other than beef cattle or containing less than one million six 9 9 hundred thousand pounds live animal weight capacity of beef 9 10 cattle, shall be located at least one thousand two hundred 9 11 fifty feet from a residence not owned by the owner of the 9 12 feeding operation or from a public use area other than a 9 13 public road. Anaerobic lagoons or earthen waste slurry 9 14 storage basins, which are used in connection with animal 9 15 feeding operations containing six hundred twenty-five thousand 9 16 pounds or more live animal weight capacity of animal species 9 17 other than beef cattle or containing one million six hundred 9 18 thousand pounds or more live animal weight capacity of beef 9 19 cattle, shall be located at least one thousand eight hundred 9 20 seventy-five feet from a residence not owned by the owner of 9 21 the feeding operation or from a public use area other than a 9 22 public road. For the purpose of this paragraph the 9 23 determination of live animal weight capacity shall be based on 9 24 the average animal weight capacity during a production cycle 9 25 and the maximum animal capacity of the animal feeding 9 26 operation.These separation distances apply to the9 27construction of new facilities and the expansion of existing9 28facilities.9 29 ANIMAL FEEDING OPERATIONS REQUIREMENTS &endash; NEW PART 2 9 30 Sec. 15. NEW SECTION. 455B.161 DEFINITIONS. 9 31 As used in this part, unless the context otherwise 9 32 requires: 9 33 1. "Anaerobic lagoon" means an impoundment used in 9 34 conjunction with an animal feeding operation, if the primary 9 35 function of the impoundment is to store and stabilize organic 10 1 wastes, the impoundment is designed to receive wastes on a 10 2 regular basis, and the impoundment's design waste loading 10 3 rates provide that the predominant biological activity is 10 4 anaerobic. An anaerobic lagoon does not include any of the 10 5 following: 10 6 a. A confinement feeding operation structure. 10 7 b. A runoff control basin which collects and stores only 10 8 precipitation induced runoff from an animal feeding operation 10 9 in which animals are confined to areas which are unroofed or 10 10 partially roofed and in which no crop, vegetation, or forage 10 11 growth or residue cover is maintained during the period in 10 12 which animals are confined in the operation. 10 13 c. An anaerobic treatment system which includes collection 10 14 and treatment facilities for all off gases. 10 15 2. "Animal" means a domesticated animal belonging to the 10 16 bovine, porcine, ovine, caprine, equine, or avian species. 10 17 3. "Animal feeding operation" means a lot, yard, corral, 10 18 building, or other area in which animals are confined and fed 10 19 and maintained for forty-five days or more in any twelve-month 10 20 period, and all structures used for the storage of manure from 10 21 animals in the operation. Two or more animal feeding 10 22 operations under common ownership or management are deemed to 10 23 be a single animal feeding operation if they are adjacent or 10 24 utilize a common system for manure storage. An animal feeding 10 25 operation does not include a livestock market. 10 26 4. "Animal feeding operation structure" means an anaerobic 10 27 lagoon or confinement feeding operation structure. 10 28 5. "Animal weight capacity" means the product of 10 29 multiplying the maximum number of animals which the owner or 10 30 operator confines in an animal feeding operation at any one 10 31 time by the average weight during a production cycle. 10 32 6. "Commercial enterprise" means a building which is used 10 33 as a part of a business that manufactures goods, delivers 10 34 services, or sells goods or services, which is customarily and 10 35 regularly used by the general public during the entire 11 1 calendar year and which is connected to electric, water, and 11 2 sewer systems. A commercial enterprise does not include a 11 3 farm operation. 11 4 7. "Confinement building" means a building used in 11 5 conjunction with a confinement feeding operation to house 11 6 animals. 11 7 8. "Confinement feeding operation" means an animal feeding 11 8 operation in which animals are confined to areas which are 11 9 totally roofed. 11 10 9. "Confinement feeding operation structure" means a 11 11 formed manure storage structure, egg washwater storage 11 12 structure, earthen manure storage basin, or confinement 11 13 building. A confinement feeding operation structure does not 11 14 include an anaerobic lagoon. 11 15 10. "Covered" means organic or inorganic material placed 11 16 upon an animal feeding operation structure used to store 11 17 manure as provided by rules adopted by the department after 11 18 receiving recommendations which shall be submitted to the 11 19 department by the college of agriculture at Iowa state 11 20 university. 11 21 11. "Earthen manure storage basin" means an earthen 11 22 cavity, either covered or uncovered, which, on a regular 11 23 basis, receives waste discharges from a confinement feeding 11 24 operation if accumulated wastes from the basin are completely 11 25 removed at least once each year. 11 26 12. "Educational institution" means a building in which an 11 27 organized course of study or training is offered to students 11 28 enrolled in kindergarten through grade twelve and served by 11 29 local school districts, accredited or approved nonpublic 11 30 schools, area education agencies, community colleges, 11 31 institutions of higher education under the control of the 11 32 state board of regents, and accredited independent colleges 11 33 and universities. 11 34 13. "Egg washwater storage structure" means an aerobic or 11 35 anaerobic structure used to store the wastewater resulting 12 1 from the washing and in-shell packaging of eggs. 12 2 14. "Formed manure storage structure" means a structure, 12 3 either covered or uncovered, used to store manure from a 12 4 confinement feeding operation, which has walls and a floor 12 5 constructed of concrete, concrete block, wood, steel, or 12 6 similar materials. 12 7 15. "Livestock market" means any place where animals are 12 8 assembled from two or more sources for public auction, private 12 9 sale, or on a commission basis, which is under state or 12 10 federal supervision, including a livestock sale barn or 12 11 auction market, if such animals are kept for ten days or less. 12 12 16. "Manure" means animal excreta or other commonly 12 13 associated wastes of animals, including, but not limited to, 12 14 bedding, litter, or feed losses. 12 15 17. "Public use area" means that portion of land owned by 12 16 the United States, the state, or a political subdivision with 12 17 facilities which attract the public to congregate and remain 12 18 in the area for significant periods of time, as provided by 12 19 rules which shall be adopted by the department pursuant to 12 20 chapter 17A. 12 21 18. "Religious institution" means a building in which an 12 22 active congregation is devoted to worship. 12 23 19. "Small animal feeding operation" means an animal 12 24 feeding operation which has an animal weight capacity of two 12 25 hundred thousand pounds or less for animals other than bovine, 12 26 or four hundred thousand pounds or less for bovine. 12 27 20. "Swine farrow-to-finish operation" means a confinement 12 28 feeding operation in which porcine are produced and in which a 12 29 primary portion of the phases of the production cycle are 12 30 conducted at one confinement feeding operation. Phases of the 12 31 production cycle include, but are not limited to, gestation, 12 32 farrowing, growing, and finishing. 12 33 Sec. 16. NEW SECTION. 455B.162 ANIMAL FEEDING OPERATIONS 12 34 &endash; NEW CONSTRUCTION AND EXPANSION. 12 35 The following shall apply to animal feeding operation 13 1 structures constructed on or after the effective date of this 13 2 Act; to the expansion of structures constructed on or after 13 3 the effective date of this Act; or, except as provided in 13 4 section 455B.163, to the expansion of structures constructed 13 5 prior to the effective date of this Act: 13 6 1. Except as provided in subsection 2, the following table 13 7 shall apply to animal feeding operation structures: 13 8 a. The following table represents the minimum separation 13 9 distance in feet required between an animal feeding operation 13 10 structure and a residence not owned by the owner of the animal 13 11 feeding operation, or a commercial enterprise, bona fide 13 12 religious institution or an educational institution: 13 13 Minimum 13 14 separation 13 15 distance 13 16 Minimum in feet Minimum 13 17 separation for opera- separation 13 18 distance tions hav- distance 13 19 in feet ing an in feet 13 20 for opera- animal for opera- 13 21 tions hav- weight ca- tions hav- 13 22 ing an pacity of ing an 13 23 animal 625,000 animal 13 24 weight ca- or more weight ca- 13 25 pacity of pounds but pacity of 13 26 less than less than 1,250,000 13 27 625,000 1,250,000 or more 13 28 pounds pounds pounds 13 29 for for ani- for 13 30 animals mals other ani- 13 31 other than mals 13 32 than bovine, or other 13 33 bovine, 1,600,000 than 13 34 or or more bovine, 13 35 less pounds but or 14 1 than less than 4,000,000 14 2 1,600,000 4,000,000 or more 14 3 pounds pounds pounds 14 4 Type of structure for bovine for bovine for bovine 14 5 Anaerobic lagoon 1,250 1,875 2,500 14 6 Uncovered earthen 14 7 manure storage 14 8 basin 1,250 1,875 2,500 14 9 Uncovered formed 14 10 manure storage 14 11 structure 1,000 1,500 2,000 14 12 Covered earthen 14 13 manure storage 14 14 basin 750 1,000 1,500 14 15 Covered formed 14 16 manure storage 14 17 structure 750 1,000 1,500 14 18 Confinement 14 19 building 750 1,000 1,500 14 20 Egg washwater 14 21 storage structure 750 1,000 1,500 14 22 b. The following table represents the minimum separation 14 23 distance in feet required between animal feeding operation 14 24 structures and a public use area or a residence not owned by 14 25 the owner of the animal feeding operation, a commercial 14 26 enterprise, a bona fide religious institution, or an 14 27 educational institution located within the corporate limits of 14 28 a city: 14 29 Minimum 14 30 separation 14 31 distance 14 32 Minimum in feet Minimum 14 33 separation for opera- separation 14 34 distance tions hav- distance 14 35 in feet ing an in feet 15 1 for opera- animal for opera- 15 2 tions hav- weight ca- tions hav- 15 3 ing an pacity of ing an 15 4 animal 625,000 animal 15 5 weight ca- or more weight ca- 15 6 pacity of pounds but pacity of 15 7 less than less than 1,250,000 15 8 625,000 1,250,000 or more 15 9 pounds pounds pounds 15 10 for for ani- for 15 11 animals mals other ani- 15 12 other than mals 15 13 than bovine, or other 15 14 bovine, 1,600,000 than 15 15 or or more bovine, 15 16 less pounds but or 15 17 than less than 4,000,000 15 18 1,600,000 4,000,000 or more 15 19 pounds pounds pounds 15 20 Type of structure for bovine for bovine for bovine 15 21 Animal feeding 15 22 operation structure 1,250 1,875 2,500 15 23 2. a. As used in this subsection, a "qualified 15 24 confinement feeding operation" means a confinement feeding 15 25 operation having an animal weight capacity of two million or 15 26 more pounds for animals other than animals kept in a swine 15 27 farrow-to-finish operation or bovine kept in a confinement 15 28 feeding operation; a swine farrow-to-finish operation having 15 29 an animal weight capacity of two million five hundred thousand 15 30 or more pounds; or a confinement feeding operation having an 15 31 animal weight capacity of six million or more pounds for 15 32 bovine. 15 33 b. A qualified confinement feeding operation shall only 15 34 use an animal feeding operation structure which employs 15 35 bacterial action which is maintained by the utilization of air 16 1 or oxygen, and which shall include aeration equipment. The 16 2 type and degree of treatment technology required to be 16 3 installed shall be based on the size of the confinement 16 4 feeding operation, according to rules adopted by the 16 5 department. The equipment shall be installed, operated, and 16 6 maintained in accordance with the manufacturer's instructions 16 7 and requirements of rules adopted pursuant to this subsection. 16 8 c. This subsection shall not apply to a confinement 16 9 feeding operation which stores manure as dry matter, or to an 16 10 egg washwater storage structure. This subsection shall not 16 11 apply to a confinement feeding operation, if the operation was 16 12 constructed prior to the effective date of this Act, or the 16 13 department issued a permit prior to the effective date of this 16 14 Act for the construction of an animal feeding operation 16 15 structure connected to a confinement feeding operation and the 16 16 construction began prior to the effective date of this Act. 16 17 Sec. 17. NEW SECTION. 455B.163 DISTANCE SEPARATION 16 18 REQUIREMENTS FOR ANIMAL FEEDING OPERATIONS &endash; EXPANSION OF 16 19 STRUCTURES CONSTRUCTED PRIOR TO THE EFFECTIVE DATE OF THIS 16 20 ACT. 16 21 An animal feeding operation which does not comply with the 16 22 distance requirements of section 455B.162, on the effective 16 23 date of this Act, may continue to operate regardless of those 16 24 separation distances. The animal feeding operation may be 16 25 expanded on or after the effective date of this Act, 16 26 regardless of those separation distances, if either of the 16 27 following applies: 16 28 1. The animal feeding operation structure as constructed 16 29 or expanded complies with the distance requirements of section 16 30 455B.162. 16 31 2. All of the following apply to the expansion of the 16 32 animal feeding operation: 16 33 a. No portion of the animal feeding operation after 16 34 expansion is closer than before expansion to a location or 16 35 object for which separation is required under section 17 1 455B.162. 17 2 b. The animal weight capacity of the animal feeding 17 3 operation as expanded is not more than the lesser of the 17 4 following: 17 5 (1) Double its capacity on the effective date of this Act. 17 6 (2) Either of the following: 17 7 (a) Six hundred twenty-five thousand pounds animal weight 17 8 capacity for animals other than bovine. 17 9 (b) One million six hundred thousand pounds animal weight 17 10 capacity for bovine. 17 11 Sec. 18. NEW SECTION. 455B.164 DISTANCE MEASUREMENTS. 17 12 All distances between locations or objects provided in this 17 13 part shall be measured from their closest points, as provided 17 14 by rules adopted by the department. 17 15 Sec. 19. NEW SECTION. 455B.165 DISTANCE SEPARATION 17 16 REQUIREMENTS &endash; EXEMPTIONS. 17 17 A separation distance requirement provided in this part 17 18 shall not apply to the following: 17 19 1. A confinement feeding operation structure which 17 20 provides for the storage of manure exclusively in a dry form. 17 21 2. A confinement feeding operation structure, other than 17 22 an earthen manure storage basin, if the structure is part of a 17 23 confinement feeding operation which qualifies as a small 17 24 animal feeding operation. 17 25 3. An animal feeding operation structure which is 17 26 constructed or expanded, if the titleholder of the land 17 27 benefiting from the distance separation requirement executes a 17 28 written waiver with the titleholder of the land where the 17 29 structure is located, under such terms and conditions that the 17 30 parties negotiate. The written waiver becomes effective only 17 31 upon the recording of the waiver in the office of the recorder 17 32 of deeds of the county in which the benefited land is located. 17 33 The filed waiver shall preclude enforcement by the state of 17 34 this part as it relates to the animal feeding operation 17 35 structure. 18 1 4. An animal feeding operation which is constructed or 18 2 expanded within the corporate limits of a city, or the area 18 3 within a separation distance required pursuant to this part, 18 4 if the city approves a waiver which shall be memorialized in 18 5 writing. The written waiver becomes effective only upon 18 6 recording the waiver in the office of the recorder of deeds of 18 7 the county in which the benefited land is located. The filed 18 8 waiver shall preclude enforcement by the state of this part as 18 9 it relates to the animal feeding operation structure. 18 10 However, this subsection shall not affect a separation 18 11 distance required between residences, educational 18 12 institutions, commercial enterprises, bona fide religious 18 13 institutions, or public use areas, as provided in this part. 18 14 5. An animal feeding operation structure which is located 18 15 within any distance from a residence, educational institution, 18 16 commercial enterprise bona fide religious institution, city, 18 17 or public use area, if the residence, educational institution, 18 18 commercial enterprise, or bona fide religious institution was 18 19 constructed or expanded, or the boundaries of the city or 18 20 public use area were expanded, after the date that the animal 18 21 feeding operation was established. The date the animal 18 22 feeding operation was established is the date on which the 18 23 animal feeding operation commenced operating. A change in 18 24 ownership or expansion of the animal feeding operation shall 18 25 not change the established date of operation. 18 26 Sec. 20. Section 455B.171, Code 1995, is amended by adding 18 27 the following new subsections: 18 28 NEW SUBSECTION. 1A. "Animal feeding operation" means a 18 29 lot, yard, corral, building, or other area in which animals 18 30 are confined and fed and maintained for forty-five days or 18 31 more in any twelve-month period, and all structures used for 18 32 the storage of manure from animals in the animal feeding 18 33 operation. Two or more animal feeding operations under common 18 34 ownership or management are deemed to be a single animal 18 35 feeding operation if they are adjacent or utilize a common 19 1 area or system for manure disposal. An animal feeding 19 2 operation does not include a livestock market as defined in 19 3 section 455B.161. 19 4 NEW SUBSECTION. 1B. "Animal weight capacity" means the 19 5 same as defined in section 455B.161. 19 6 NEW SUBSECTION. 1C. "Confinement feeding operation" means 19 7 the same as defined in section 455B.161. 19 8 NEW SUBSECTION. 7A. "Manure" means the same as defined in 19 9 section 455B.161. 19 10 NEW SUBSECTION. 7B. "Manure sludge" means the solid or 19 11 semisolid residue produced during the treatment of manure in 19 12 an anaerobic lagoon. 19 13 NEW SUBSECTION. 23A. "Small animal feeding operation" 19 14 means the same as defined in section 455B.161. 19 15 Sec. 21. Section 455B.173, subsection 3, unnumbered 19 16 paragraph 1, Code 1995, is amended to read as follows: 19 17 Establish, modify, or repeal rules relating to the 19 18 location, construction, operation, and maintenance of disposal 19 19 systems and public water supply systems and specifying the 19 20 conditions, including the viability of a system pursuant to 19 21 section 455B.174, under which the director shall issue, 19 22 revoke, suspend, modify, or deny permits for the operation, 19 23 installation, construction, addition to, or modification of 19 24 any disposal system or public water supply system, or for the 19 25 discharge of any pollutantor for the disposal of water wastes19 26resulting from poultry and livestock operations. The rules 19 27 specifying the conditions under which the director shall issue 19 28 permits for the construction of an electric power generating 19 29 facility subject to chapter 476A shall provide for issuing a 19 30 conditional permit upon the submission of engineering 19 31 descriptions, flow diagrams and schematics that qualitatively 19 32 and quantitatively identify effluent streams and alternative 19 33 disposal systems that will provide compliance with effluent 19 34 standards or limitations. 19 35 Sec. 22. Section 455B.173, Code 1995, is amended by adding 20 1 the following new subsection: 20 2 NEW SUBSECTION. 12. Adopt, modify, or repeal rules 20 3 relating to the construction or operation of animal feeding 20 4 operations. The rules shall include, but are not limited to, 20 5 minimum manure control requirements, requirements for 20 6 obtaining permits, and departmental evaluations of animal 20 7 feeding operations. The department shall not require that a 20 8 person obtain a permit for the construction of an animal 20 9 feeding operation structure, if the structure is part of a 20 10 small animal feeding operation. The department shall collect 20 11 an indemnity fee as provided in section 204.3 prior to the 20 12 issuance of a construction permit. The department shall not 20 13 approve a permit for the construction of three or more animal 20 14 feeding operation structures unless the applicant files a 20 15 statement approved by a professional engineer registered 20 16 pursuant to chapter 542B certifying that the construction of 20 17 the animal feeding operation structure will not impede the 20 18 drainage through established drainage tile lines which cross 20 19 property boundary lines unless measures are taken to 20 20 reestablish the drainage prior to completion of construction. 20 21 The department shall deposit moneys collected in indemnity 20 22 fees in the manure storage indemnity fund created in section 20 23 204.2. The department shall issue a permit for an animal 20 24 feeding operation, if an application is submitted according to 20 25 procedures required by the department, and the application 20 26 meets standards established by the department, regardless of 20 27 whether the animal feeding operation is required to obtain 20 28 such a permit. An applicant for a construction permit shall 20 29 not begin construction at the location of a site planned for 20 30 the construction of an animal feeding operation structure, 20 31 until the person has been granted a permit for the 20 32 construction of the structure by the department. The 20 33 department shall make a determination regarding the approval 20 34 or denial of a permit within sixty days from the date that the 20 35 department receives a completed application for a permit. 21 1 However, the sixty-day requirement shall not apply to an 21 2 application, if the applicant is not required to obtain a 21 3 permit in order to construct an animal feeding operation 21 4 structure or to operate an animal feeding operation. The 21 5 department shall deliver a copy or require the applicant to 21 6 deliver a copy of the application for a construction permit to 21 7 the county board of supervisors in the county where the 21 8 confinement feeding operation or confinement feeding operation 21 9 structure subject to the permit is to be located. The 21 10 department shall not approve the application or issue a 21 11 construction permit until thirty days following delivery of 21 12 the application to the county board of supervisors. The 21 13 department shall consider comments from the county board of 21 14 supervisors, regarding compliance by the applicant with the 21 15 legal requirements for the construction of the confinement 21 16 feeding operation structure as provided in this chapter, and 21 17 rules adopted by the department pursuant to this chapter, if 21 18 the comments are delivered to the department within fourteen 21 19 days after receipt of the application by the county board of 21 20 supervisors. Prior to granting a permit to a person for the 21 21 construction of an animal feeding operation, the department 21 22 may require the installation and operation of a hydrological 21 23 monitoring system for an exclusively earthen manure storage 21 24 structure, if, after an on-site inspection, the department 21 25 determines that the site presents an extraordinary potential 21 26 for groundwater pollution. A person shall not obtain a permit 21 27 for the construction of a confinement feeding operation, 21 28 unless the person develops a manure management plan as 21 29 provided in section 455B.203. The department shall not issue 21 30 a permit to a person under this paragraph if an enforcement 21 31 action by the department, relating to a violation of this 21 32 chapter concerning a confinement feeding operation in which 21 33 the person has an interest, is pending. The department shall 21 34 not issue a permit to a person under this paragraph for five 21 35 years after the date of the last violation committed by a 22 1 person or confinement feeding operation in which the person 22 2 holds a controlling interest during which the person or 22 3 operation was classified as a habitual violator under section 22 4 455B.191. The department shall conduct an annual review of 22 5 each confinement feeding operation which is a habitual 22 6 violator and each confinement feeding operation in which a 22 7 habitual violator holds a controlling interest. The 22 8 department shall notify persons classified as habitual 22 9 violators of their classification, additional restrictions 22 10 imposed upon the persons pursuant to the classification, and 22 11 special civil penalties that may be imposed upon the persons. 22 12 The notice shall be sent to the persons by certified mail. 22 13 Sec. 23. Section 455B.191, Code 1995, is amended by adding 22 14 the following new subsections: 22 15 NEW SUBSECTION. 7. The department may impose a civil 22 16 penalty upon a habitual violator which shall not exceed 22 17 twenty-five thousand dollars for each day the violation 22 18 continues. The increased penalty may be assessed for each 22 19 violation committed subsequent to the violation which results 22 20 in classifying the person as a habitual violator. A person 22 21 shall be classified as a habitual violator, if the person has 22 22 committed three or more violations as described in this 22 23 subsection. To be considered a violation that is applicable 22 24 to a habitual violator determination, a violation must have 22 25 been committed on or after January 1, 1995. In addition, each 22 26 violation must have been referred to the attorney general for 22 27 legal action under this chapter, and each violation must be 22 28 subject to the assessment of a civil penalty or a court 22 29 conviction, in the five years prior to the date of the latest 22 30 violation provided in this subsection, counting any violation 22 31 committed by a confinement feeding operation in which the 22 32 person holds a controlling interest. A person shall be 22 33 removed from the classification of habitual violator on the 22 34 date on which the person and all confinement feeding 22 35 operations in which the person holds a controlling interest 23 1 have committed less than three violations described in this 23 2 subsection for the prior five years. For purposes of counting 23 3 violations, a continuing and uninterrupted violation shall be 23 4 considered as one violation. Different types of violations 23 5 shall be counted as separate violations regardless of whether 23 6 the violations were committed during the same period. An 23 7 violation must relate to one of the following: 23 8 a. The construction or operation of a confinement feeding 23 9 operation structure or anaerobic lagoon which is part of a 23 10 confinement feeding operation, or the installation or use of a 23 11 related pollution control device or practice, for which the 23 12 person must obtain a permit, in violation of this chapter, or 23 13 rules adopted by the department, including the terms or 23 14 conditions of the permit. 23 15 b. Intentionally making a false statement or 23 16 misrepresenting information to the department as part of an 23 17 application for a construction permit for a confinement 23 18 feeding operation structure or anaerobic lagoon which is part 23 19 of a confinement feeding operation, or the installation of a 23 20 related pollution control device or practice for which the 23 21 person must obtain a construction permit. 23 22 c. Failing to obtain a permit or approval by the 23 23 department in violation of this chapter or departmental rule 23 24 which requires a permit to construct or operate a confinement 23 25 feeding operation or use a confinement feeding operation 23 26 structure, anaerobic lagoon, or a pollution control device or 23 27 practice which is part of a confinement feeding operation. 23 28 d. Operating a confinement feeding operation, including a 23 29 confinement feeding operation structure or anaerobic lagoon 23 30 which is part of a confinement feeding operation, or a related 23 31 pollution control device or practice, which causes pollution 23 32 to the waters of the state, if the pollution was caused 23 33 intentionally, or caused by a failure to take measures 23 34 required to abate the pollution which resulted from an act of 23 35 God. 24 1 e. Failing to submit a manure management plan as required 24 2 pursuant to section 455B.203, or operating a confinement 24 3 feeding operation without having a manure management plan 24 4 approved by the department. 24 5 This subsection shall not apply, unless the department of 24 6 natural resources has previously notified the person of the 24 7 person's classification as a habitual violator as provided in 24 8 section 455B.173. 24 9 NEW SUBSECTION. 8. Moneys assessed and collected in civil 24 10 penalties and interest earned on civil penalties, arising out 24 11 of a violation involving an animal feeding operation shall be 24 12 deposited in the manure storage indemnity fund as created in 24 13 section 204.2. 24 14 ANIMAL FEEDING OPERATIONS 24 15 Sec. 24. NEW SECTION. 455B.201 MINIMUM MANURE CONTROL. 24 16 1. A confinement feeding operation shall retain all manure 24 17 produced by the operation between periods of manure disposal. 24 18 A confinement feeding operation shall not discharge manure 24 19 directly into water of the state or into a tile line that 24 20 discharges directly into water of the state. 24 21 2. Manure from an animal feeding operation shall be 24 22 disposed of in a manner which will not cause surface water or 24 23 groundwater pollution. Disposal in accordance with the 24 24 provisions of state law, including this chapter, rules adopted 24 25 pursuant to the provisions of state law, including this 24 26 chapter, guidelines adopted pursuant to this chapter, and 24 27 section 159.27, shall be deemed as compliance with this 24 28 requirement. 24 29 3. The owner of the confinement feeding operation which 24 30 discontinues the use of the operation shall remove all manure 24 31 from related confinement feeding operation structures used to 24 32 store manure, by a date specified in an order issued to the 24 33 operation by the department, or six months following the date 24 34 that the confinement feeding operation is discontinued, 24 35 whichever is earlier. 25 1 4. A person shall not apply manure by spray irrigation 25 2 equipment, except as provided by rules which shall be adopted 25 3 by the department pursuant to chapter 17A. 25 4 Sec. 25. NEW SECTION. 455B.203 MANURE MANAGEMENT PLAN &endash; 25 5 REQUIREMENTS. 25 6 1. In order to receive a permit for the construction of a 25 7 confinement feeding operation as provided in section 455B.173, 25 8 a person shall submit a manure management plan to the 25 9 department together with the application for a construction 25 10 permit. 25 11 2. A manure management plan shall include all of the 25 12 following: 25 13 a. Calculations necessary to determine the land area 25 14 required for the application of manure from a confinement 25 15 feeding operation based on nitrogen use levels in order to 25 16 obtain optimum crop yields according to a crop schedule 25 17 specified in the plan, and according to requirements adopted 25 18 by the department after receiving recommendations from the 25 19 animal agriculture consulting organization provided for in 25 20 this Act. 25 21 b. Manure nutrient levels as determined by either manure 25 22 testing or accepted standard manure nutrient values. 25 23 c. Manure application methods, timing of manure 25 24 application, and the location of the manure application. 25 25 d. If the location of the application is on land other 25 26 than land owned by the person applying for the construction 25 27 permit, the plan shall include a copy of each written 25 28 agreement executed between the person and the landowner where 25 29 the manure will be applied. 25 30 e. An estimate of the annual animal production and manure 25 31 volume or weight produced by the confinement feeding 25 32 operation. 25 33 f. Methods, structures, or practices to prevent or 25 34 diminish soil loss and potential surface water pollution. 25 35 g. Methods or practices to minimize potential odors caused 26 1 by the application of manure by the use of spray irrigation 26 2 equipment. 26 3 3. A person classified as a habitual violator or a 26 4 confinement feeding operation in which a habitual violator 26 5 owns a controlling interest, as provided in section 455B.191, 26 6 shall submit a manure management plan to the department on an 26 7 annual basis, which must be approved by the department for the 26 8 following year of operation. 26 9 4. A person receiving a permit for the construction of a 26 10 confinement feeding operation shall maintain a current manure 26 11 management plan and maintain records sufficient to demonstrate 26 12 compliance with the manure management plan. Chapter 22 shall 26 13 not apply to the records which shall be kept confidential by 26 14 the department and its agents and employees. The contents of 26 15 the records are not subject to disclosure except as follows: 26 16 a. Upon waiver by the person receiving the permit. 26 17 b. In an action or administrative proceeding commenced 26 18 under this chapter. Any hearing related to the action or 26 19 proceeding shall be closed. 26 20 c. When required by subpoena or court order. 26 21 5. The department may inspect the confinement feeding 26 22 operation at any time during normal working hours, and may 26 23 inspect records required to be maintained as part of the 26 24 manure management plan. The department shall regularly 26 25 inspect a confinement feeding operation if the operation or a 26 26 person holding a controlling interest in the operation is 26 27 classified as a habitual violator pursuant to section 26 28 455B.191. The department shall assess and the confinement 26 29 feeding operation shall pay the actual costs of the 26 30 inspection. However, in order to access the operation, the 26 31 departmental inspector must comply with standard disease 26 32 control restrictions customarily required by the operation. 26 33 The department shall comply with section 455B.103 in 26 34 conducting an investigation of the premises where the animals 26 35 are kept. 27 1 6. A person submitting a manure management plan who is 27 2 found in violation of the terms and conditions of the plan 27 3 shall not be subject to an enforcement action other than 27 4 assessment of a civil penalty pursuant to section 455B.191. 27 5 Sec. 26. NEW SECTION. 455B.204 DISTANCE REQUIREMENTS. 27 6 1. An animal feeding operation structure shall be located 27 7 at least five hundred feet away from the surface intake of an 27 8 agricultural drainage well or known sinkhole, and at least two 27 9 hundred feet away from a lake, river, or stream located within 27 10 the territorial limits of the state, any marginal river area 27 11 adjacent to the state, which can support a floating vessel 27 12 capable of carrying one or more persons during a total of a 27 13 six-month period in one out of ten years, excluding periods of 27 14 flooding. However, no distance separation is required between 27 15 a location or object and a farm pond or privately owned lake, 27 16 as defined in section 462A.2. 27 17 All distances between locations or objects shall be 27 18 measured from their closest points, as provided by rules 27 19 adopted by the department. 27 20 2. A person shall not dispose of manure closer to a 27 21 designated area than provided in section 159.27. 27 22 Sec. 27. NEW SECTION. 654C.1 DEFINITIONS. 27 23 As used in this chapter, unless otherwise required: 27 24 1. "Animal feeding operation structure" means the same as 27 25 defined in section 455B.161. 27 26 2. "Dispute" means a controversy between an owner and a 27 27 neighbor, which arises from negotiations between the parties 27 28 to establish an animal feeding operation structure within the 27 29 separation distance. 27 30 3. "Farm mediation service" means the organization 27 31 selected pursuant to section 13.13. 27 32 4. "Neighbor" means a person benefiting from a separation 27 33 distance required pursuant to section 455B.162, including a 27 34 person owning a residence other than the owner of the animal 27 35 feeding operation, a commercial enterprise, bona fide 28 1 religious institution, educational institution, or a city, 28 2 authorized to execute a waiver. 28 3 5. "Owner" means the owner of an animal feeding operation, 28 4 as defined in section 455B.161, which utilizes an animal 28 5 feeding operation structure. 28 6 6. "Participate" or "participation" means attending a 28 7 mediation meeting, and having knowledge about and discussing 28 8 issues concerning a subject relating to a dispute. 28 9 7. "Waiver" means a waiver executed between an owner and a 28 10 neighbor as provided in section 455B.165. 28 11 Sec. 28. NEW SECTION. 654C.2 MEDIATION PROCEEDINGS. 28 12 1. A person who is an owner or a neighbor may file a 28 13 request for mediation with the farm mediation service. Upon 28 14 receipt of the request for mediation, the farm mediation 28 15 service shall conduct an initial consultation with each party 28 16 to the dispute privately and without charge. Mediation shall 28 17 be cancelled after the initial consultation, unless both 28 18 parties agree to proceed. 28 19 2. Both parties to the dispute shall file with the farm 28 20 mediation service information required by the service to 28 21 conduct mediation. 28 22 3. Unless mediation is cancelled, within twenty-one days 28 23 after receiving a mediation request, the farm mediation 28 24 service shall send a mediation meeting notice to all parties 28 25 to the dispute setting a time and place for an initial 28 26 mediation meeting between the parties and a mediator directed 28 27 by the farm mediation service to assist in mediation. An 28 28 initial mediation meeting shall be held within twenty-one days 28 29 of the issuance of the mediation meeting notice. 28 30 Sec. 29. NEW SECTION. 654C.3 DUTIES OF THE MEDIATOR. 28 31 At the initial mediation meeting and subsequent meetings, 28 32 the mediator shall: 28 33 1. Listen to all involved parties. 28 34 2. Attempt to mediate between all involved parties. 28 35 3. Encourage compromise and workable solutions. 29 1 4. Advise, counsel, and assist the parties in attempting 29 2 to arrive at an agreement for the future conduct of relations 29 3 among themselves. 29 4 Sec. 30. NEW SECTION. 654C.4 MEDIATION PERIOD. 29 5 The mediator may call mediation meetings during the 29 6 mediation period, which is up to forty-two days after the farm 29 7 mediation service received the mediation request. However, if 29 8 all parties consent, mediation may continue after the end of 29 9 the mediation period. 29 10 Sec. 31. NEW SECTION. 654C.5 MEDIATION AGREEMENT. 29 11 1. If an agreement is reached between all parties, the 29 12 mediator shall draft a written mediation agreement, which 29 13 shall be signed by the parties. The mediation agreement shall 29 14 provide for a waiver which the mediator shall file in the 29 15 office of the recorder of deeds of the county in which the 29 16 benefited land is located, as provided in section 455B.165. 29 17 The mediator shall forward a mediation agreement to the farm 29 18 mediation service. 29 19 2. The parties agreeing to mediation shall participate in 29 20 at least one mediation meeting. A party to a dispute may be 29 21 represented by another person, if the person participates in 29 22 mediation and has authority to discuss the dispute on behalf 29 23 of the party being represented. This section does not require 29 24 a party to reach an agreement. This section does not require 29 25 a person to change a position, alter an activity which is a 29 26 subject of the dispute, alter an application for a permit for 29 27 construction of an animal feeding operation, or restructure a 29 28 contract. 29 29 3. The parties to the mediation agreement may enforce the 29 30 mediation agreement as a legal contract. 29 31 4. If the parties do not agree to proceed with mediation, 29 32 or if a mediation agreement is not reached, the parties may 29 33 sign a statement prepared by the mediator that mediation 29 34 proceedings were not conducted or concluded or that the 29 35 parties did not reach an agreement. 30 1 Sec. 32. NEW SECTION. 654C.6 EXTENSION OF DEADLINES. 30 2 Upon petition by all parties, the farm mediation service 30 3 may, for good cause, extend a deadline imposed by section 30 4 654C.2 or 654C.4 for up to thirty days. 30 5 Sec. 33. NEW SECTION. 654C.7 EFFECT OF MEDIATION. 30 6 An interest in property or rights and obligations under a 30 7 contract are not affected by the failure of a person to obtain 30 8 a mediation agreement. 30 9 Sec. 34. Section 657.1, Code 1995, is amended to read as 30 10 follows: 30 11 657.1 NUISANCE &endash; WHAT CONSTITUTES &endash; ACTION TO ABATE. 30 12 Whatever is injurious to health, indecent, or unreasonably 30 13 offensive to the senses, or an obstruction to the free use of 30 14 property, so as essentially to unreasonably interfere with the 30 15 comfortable enjoyment of life or property, is a nuisance, and 30 16 a civil action by ordinary proceedings may be brought to 30 17 enjoin and abate the same and to recover damages sustained on 30 18 account thereof. 30 19 Sec. 35. Section 657.2, subsection 1, Code 1995, is 30 20 amended to read as follows: 30 21 1. The erecting, continuing, or using any building or 30 22 other place for the exercise of any trade, employment, or 30 23 manufacture, which, by occasioning noxious exhalations, 30 24 unreasonably offensive smells, or other annoyances, becomes 30 25 injurious and dangerous to the health, comfort, or property of 30 26 individuals or the public. 30 27 Sec. 36. NEW SECTION. 657.11 ANIMAL FEEDING OPERATIONS. 30 28 1. The purpose of this section is to protect animal 30 29 agricultural producers who manage their operations according 30 30 to state and federal requirements from the costs of defending 30 31 nuisance suits, which negatively impact upon Iowa's 30 32 competitive economic position and discourage persons from 30 33 entering into animal agricultural production. This section is 30 34 intended to promote the expansion of animal agriculture in 30 35 this state by protecting persons engaged in the care and 31 1 feeding of animals. The general assembly has balanced all 31 2 competing interests and declares its intent to protect and 31 3 preserve animal agricultural production operations. 31 4 2. If a person has received all permits required pursuant 31 5 to chapter 455B for an animal feeding operation, as defined in 31 6 section 455B.161, there shall be a rebuttable presumption that 31 7 an animal feeding operation is not a public or private 31 8 nuisance under this chapter or under principles of common law, 31 9 and that the animal feeding operation does not unreasonably 31 10 and continuously interfere with another person's comfortable 31 11 use and enjoyment of the person's life or property under any 31 12 other cause of action. The rebuttable presumption also 31 13 applies to persons who are not required to obtain a permit 31 14 pursuant to chapter 455B for an animal feeding operation as 31 15 defined in section 455B.161. The rebuttable presumption shall 31 16 not apply if the injury to a person or damage to property is 31 17 proximately caused by a failure to comply with a federal 31 18 statute or regulation or a state statute or rule which applies 31 19 to the animal feeding operation. 31 20 3. The rebuttable presumption may be overcome by clear and 31 21 convincing evidence of both of the following: 31 22 a. The animal feeding operation unreasonably and 31 23 continuously interferes with another person's comfortable use 31 24 and enjoyment of the person's life or property. 31 25 b. The injury or damage is proximately caused by the 31 26 negligent operation of the animal feeding operation. 31 27 4. The rebuttable presumption created by this section 31 28 shall apply regardless of the established date of operation or 31 29 expansion of the animal feeding operation. The rebuttable 31 30 presumption includes, but is not limited to, a defense for 31 31 actions arising out of the care and feeding of animals; the 31 32 handling or transportation of animals; the treatment or 31 33 disposal of manure resulting from animals; the transportation 31 34 and application of animal manure; and the creation of noise, 31 35 odor, dust, or fumes arising from an animal feeding operation. 32 1 5. An animal feeding operation that complies with the 32 2 requirements in chapter 455B for animal feeding operations 32 3 shall be deemed to meet any common law requirements regarding 32 4 the standard of a normal person living in the locality of the 32 5 operation. 32 6 6. A person who brings a losing cause of action against a 32 7 person for whom the rebuttable presumption created under this 32 8 section is not rebutted, shall be liable to the person against 32 9 whom the action was brought for all costs and expenses 32 10 incurred in the defense of the action, if the court determines 32 11 that a claim is frivolous. 32 12 7. The rebuttable presumption created in this section does 32 13 not apply to an injury to a person or damages to property 32 14 caused by the animal feeding operation before the effective 32 15 date of this Act. 32 16 Sec. 37. ANIMAL AGRICULTURE CONSULTING ORGANIZATION. The 32 17 department of natural resources shall request that the Iowa 32 18 pork producers association, the Iowa cattlemen's association, 32 19 the Iowa poultry association, the Iowa dairy products 32 20 association, an organization representing agricultural 32 21 producers generally, Iowa state university, the soil 32 22 conservation division of the department of agriculture and 32 23 land stewardship, and the natural resources conservation 32 24 service of the United States department of agriculture each 32 25 appoint one member to consult with the department regarding 32 26 this Act, rules adopted pursuant to this Act, and the Act's 32 27 implementation. The department shall consult with 32 28 representatives in meetings which shall be conducted by the 32 29 department, upon the call of the director of the department or 32 30 the director's designee, or upon the request to the department 32 31 of any three members. The department shall request that the 32 32 representatives provide the department with recommendations 32 33 regarding the adoption of rules required to administer this 32 34 Act. This section is repealed on March 31, 2005. 32 35 Sec. 38. INDEMNITY FEES &endash; PRIOR PERMITTEES. The 33 1 indemnity fee imposed upon permittees pursuant to section 33 2 204.3, as enacted in this Act, shall be imposed upon all 33 3 persons who have received a permit by the department of 33 4 natural resources for the construction of a confinement 33 5 feeding operation with a manure storage structure as defined 33 6 in section 455B.161, as enacted in this Act, prior to the 33 7 effective date of this Act. However, an indemnity fee shall 33 8 not be imposed upon a person who has received a construction 33 9 permit more than ten years prior to the effective date of this 33 10 Act. To every extent possible, the department shall notify 33 11 all persons required to pay the fee. The notice shall be in 33 12 writing. The department shall establish a date when the fees 33 13 must be paid to the department, which shall be not less than 33 14 three months after the delivery of the notice. If a person is 33 15 delinquent in paying the indemnity fee when due, or if upon 33 16 examination, an underpayment of the fee is found by the 33 17 department, the person is subject to a penalty of ten dollars 33 18 or an amount equal to the amount of deficiency for each day of 33 19 the delinquency, whichever is less. After the date required 33 20 for payment, the department shall transfer all outstanding 33 21 claims to the department of agriculture and land stewardship. 33 22 The department of natural resources shall deliver to the 33 23 department of agriculture and land stewardship the most 33 24 current available information regarding the persons required 33 25 to pay the fee and any delinquency penalty, including the 33 26 names and addresses of the persons, and the capacity of the 33 27 confinement feeding operations subject to the permit. The 33 28 department of agriculture and land stewardship, in cooperation 33 29 with the attorney general, may bring a court action in order 33 30 to collect indemnity fees and delinquency penalties required 33 31 to be paid under this section. 33 32 Sec. 39. NOTICE. The department of natural resources 33 33 shall provide a written notice to persons required to develop 33 34 and comply with a manure management plan as provided in 33 35 section 455B.203, as enacted in this Act, not later than nine 34 1 months after the effective date of this Act. The notice shall 34 2 include information from section 455B.203, as enacted by this 34 3 Act, regarding delayed dates of compliance. 34 4 Sec. 40. DELAYED IMPLEMENTATION OF CERTAIN REQUIREMENTS. 34 5 Notwithstanding this Act, the following shall apply: 34 6 1. The department of natural resources shall adopt all 34 7 rules required to implement section 455B.203, as enacted by 34 8 this Act, not later than six months following the effective 34 9 date of this Act. 34 10 2. A person issued a permit for the construction of a 34 11 confinement feeding operation before the effective date of 34 12 this Act shall submit a manure management plan to the 34 13 department of natural resources not later than one year after 34 14 the adoption of departmental rules necessary to implement the 34 15 manure management plan requirements of section 455B.203, as 34 16 enacted in this Act. However, if a person required to submit 34 17 a delayed plan pursuant to this subsection violates section 34 18 455B.202, the person shall be required to submit the plan to 34 19 the department not later than one hundred twenty days 34 20 following notice by the department. 34 21 Sec. 41. PILOT PROJECT &endash; TESTING OF ANIMAL FEEDING 34 22 OPERATIONS. The department of natural resources shall, to the 34 23 extent moneys are appropriated by the Seventy-sixth General 34 24 Assembly, conduct a study of ten animal feeding operations and 34 25 their structures, including confinement feeding operations and 34 26 confinement feeding operation structures all as defined in 34 27 section 455B.161 as enacted in this Act, and manure management 34 28 and disposal systems used by such operations. The operations 34 29 and their structures or systems must have been constructed or 34 30 installed on or before July 1, 1985. The study shall 34 31 determine the extent to which operations and their structures 34 32 and manure management and disposal systems contribute to point 34 33 and nonpoint contamination of the state's groundwater and 34 34 surface water. A person owning or operating an animal feeding 34 35 operation may cooperate with the department in carrying out 35 1 this section. The ten animal feeding operations subject to 35 2 the study shall be selected by the Leopold center for 35 3 sustainable agriculture as created pursuant to section 266.39. 35 4 The identity of the ten animal feeding operations shall be 35 5 confidential and not subject to chapter 22. The findings of 35 6 the study shall not be used in a case or proceeding brought 35 7 against a person based upon a violation of state law. The 35 8 department shall report its findings and recommendations to 35 9 the general assembly not later than January 1, 1997. 35 10 Sec. 42. INTERIM STUDY COMMITTEE &endash; LIVESTOCK PRODUCTION. 35 11 1. The legislative council is requested to establish an 35 12 interim study committee to examine the practices engaged in by 35 13 packers, processors, and buyers, including persons regulated 35 14 by the grain inspection, packers and stockyards 35 15 administration, United States department of agriculture, under 35 16 the federal Packers and Stockyards Act of 1921, as amended, 21 35 17 U.S.C. } 181, et seq. The interim committee shall study the 35 18 following issues: 35 19 a. The increasing degree of vertical integration of the 35 20 livestock market by packers and processors, including threats 35 21 to economic competition, independent production, and consumer 35 22 protection. 35 23 b. Market practices engaged in by packers, processors, or 35 24 buyers which increasingly threaten open and fair markets, by 35 25 establishing arbitrary and inconsistent pricing without public 35 26 disclosure or price discovery mechanisms, including price 35 27 differences based on the time of delivery, transaction volume, 35 28 and private pricing arrangements under contract. 35 29 2. The interim committee shall hold a public hearing in 35 30 each congressional district. 35 31 3. The interim committee shall report its findings and 35 32 recommendations to the general assembly not later than the 35 33 first day of the 1996 legislative session, unless another date 35 34 is established by the legislative council. 35 35 Sec. 43. SEVERABILITY. If any provision of this Act or 36 1 the application of this Act to any person or circumstance is 36 2 held invalid, the invalidity does not affect other provisions 36 3 or applications of this Act which shall be given effect 36 4 without the invalid provision or application, and to this end 36 5 the provisions of this Act are severable. 36 6 Sec. 44. EFFECTIVE DATE. This Act, being deemed of 36 7 immediate importance, takes effect upon enactment. 36 8 HF 519 36 9 da/pk/25
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