Text: HF02194 Text: HF02196 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 455B.171, Code Supplement 1995, is
1 2 amended by adding the following new subsection:
1 3 NEW SUBSECTION. 12A. "Manure storage structure" means an
1 4 aerobic structure, anaerobic lagoon, earthen manure storage
1 5 basin, or formed manure storage structure. "Manure storage
1 6 structure" does not include an egg washwater storage
1 7 structure.
1 8 Sec. 2. NEW SECTION. 455B.173A REMOVAL AND CAPPING OF
1 9 DRAINAGE TILE LINES.
1 10 1. Prior to constructing a manure storage structure that
1 11 is part of a confinement feeding operation, other than a
1 12 structure used for the storage of manure in an exclusively dry
1 13 form, for which the department requires a construction permit
1 14 pursuant to section 455B.173, an applicant for a construction
1 15 permit shall inspect the site of the confinement feeding
1 16 operation for drainage tile lines and examine all applicable
1 17 records of known drainage tiles.
1 18 a. Prior to the excavation for the berm of an aerobic
1 19 structure, anaerobic lagoon, or earthen manure storage basin,
1 20 an applicant for the construction permit shall do one of the
1 21 following:
1 22 (1) Dig an inspection trench at least ten inches wide
1 23 around the structure to a depth of at least six feet from the
1 24 original grade and at least fifty feet from the projected
1 25 outside edge of the berm.
1 26 (2) Dig a core trench to a depth of at least six feet from
1 27 grade at the projected center of the berm. After inspection
1 28 for tile lines and after any discovered tile lines are
1 29 removed, an additional containment barrier shall be
1 30 constructed underneath the center of the berm. The additional
1 31 containment barrier shall meet the same percolation standards
1 32 established by the department for an anaerobic lagoon or
1 33 earthen manure storage basin with the lateral flow potential
1 34 restricted to one-sixteenth of an inch per day.
1 35 b. A drainage tile line discovered near an aerobic
2 1 structure, anaerobic lagoon, or earthen manure storage basin
2 2 shall be removed within fifty feet of the projected outside
2 3 edge of the berm and within the projected site of the
2 4 structure including under the berm. A drainage tile line
2 5 discovered upgrade from the structure shall be rerouted
2 6 outside the perimeters of fifty feet from the berm to continue
2 7 the flow of drainage. A drain tile line installed at the time
2 8 of construction to lower a perched groundwater layer may
2 9 remain where it is located. All other drainage tile lines
2 10 discovered shall be rerouted, capped, plugged with concrete,
2 11 bentonite, or similar materials, or reconnected to upgrade
2 12 tile lines.
2 13 c. The applicant for a construction permit for a formed
2 14 manure storage structure must inspect the site for tile lines
2 15 during excavation for the structure. A drainage tile line
2 16 discovered upgrade from the structure must be rerouted around
2 17 the formed manure storage structure to continue the flow of
2 18 drainage. Any other drainage tile line discovered shall be
2 19 rerouted, capped, plugged with concrete, bentonite, or similar
2 20 materials, or reconnected to an upgrade tile line. A drainage
2 21 tile line installed at the time of construction to lower a
2 22 perched groundwater layer may remain where located.
2 23 d. An applicant may utilize other proven methods approved
2 24 by the department to discover drainage tile lines.
2 25 e. The department may grant a variance to a requirement of
2 26 this subsection, if the applicant provides an alternative
2 27 method that is substantially equivalent to the requirements of
2 28 this subsection or provides improved effectiveness or
2 29 protection than that required by this subsection. A request
2 30 for a variance shall be made according to rules adopted by the
2 31 department. The denial of a variance may be appealed to the
2 32 commission.
2 33 f. The department may grant a waiver from a requirement of
2 34 this subsection if sufficient information is provided that the
2 35 area where the confinement feeding operation is located does
3 1 not have a history of drainage tile lines.
3 2 2. The owner of an aerobic structure, anaerobic lagoon, or
3 3 earthen manure storage basin, other than an egg washwater
3 4 storage structure, that is part of a confinement feeding
3 5 operation with a construction permit granted before the
3 6 effective date of this Act, shall inspect the anaerobic
3 7 structure, anaerobic lagoon, or earthen manure storage basin
3 8 not later than July 1, 1997.
3 9 a. The inspection shall include an examination of all
3 10 applicable records of known drainage tiles. The inspection
3 11 shall be performed by digging an inspection trench at least
3 12 ten inches wide around the structure to a depth of at least
3 13 six feet from the original grade and at least fifty feet from
3 14 the outside edge of the berm. The owner first shall inspect
3 15 the area where trenching is to occur and manure management
3 16 records to determine if there is any evidence of leakage and,
3 17 if so, shall contact the department for further instructions
3 18 regarding proper inspection procedures. The confinement
3 19 feeding operation shall either obtain permission from an
3 20 adjoining property owner or trench up to the boundary line of
3 21 the property if the distance of fifty feet would require the
3 22 inspection trench to go onto the adjoining property.
3 23 b. The owner of the confinement feeding operation may
3 24 utilize other proven methods approved by the department to
3 25 discover drainage tile lines.
3 26 c. A drainage tile line discovered near an aerobic
3 27 structure, anaerobic lagoon, or earthen manure storage basin,
3 28 other than an egg washwater storage structure, shall be
3 29 removed within fifty feet of the outside edge of the berm. A
3 30 drainage tile line discovered upgrade from the aerobic
3 31 structure, anaerobic lagoon, or earthen manure storage basin
3 32 shall be rerouted outside the perimeter of fifty feet from the
3 33 berm to continue the flow of drainage. All other drainage
3 34 tile lines discovered shall be rerouted, capped, plugged with
3 35 concrete, bentonite, or similar materials, or reconnected to
4 1 upgrade tile lines. A drainage tile line installed at the
4 2 time of construction to lower a perched groundwater layer may
4 3 either be avoided if the location is known or may remain at
4 4 the location if discovered.
4 5 d. If the owner of a confinement feeding operation
4 6 discovers a drainage tile that projects underneath the berm,
4 7 the owner shall do one of the following:
4 8 (1) Contact the department to obtain permission to remove
4 9 the drainage tile under the berm. The manure in the structure
4 10 must be lowered to a point below the depth of the tile prior
4 11 to removing the drainage tile from under the berm. Prior to
4 12 using the structure, the department must approve a new
4 13 percolation test submitted from the owner.
4 14 (2) Grout the length of the tile under the berm to the
4 15 extent possible. The material used to grout shall include
4 16 concrete, bentonite, or similar materials.
4 17 e. The department may grant a variance to a requirement of
4 18 this subsection, if the applicant provides an alternative
4 19 method that is substantially equivalent to this subsection's
4 20 requirements or provides improved effectiveness or protection
4 21 than is required by this subsection. A request for a variance
4 22 shall be made in writing as provided by the department. A
4 23 denial of a variance may be appealed to the commission.
4 24 f. The department may grant a waiver of a requirement of
4 25 this subsection if sufficient information is provided that the
4 26 location does not have a history of drainage tile lines.
4 27 g. A written record describing the actions taken to
4 28 determine the existence of drainage tile lines, the findings,
4 29 and actions taken to comply with this subsection shall be
4 30 prepared and maintained as part of the owner's manure
4 31 management plan records, as provided in section 455B.203.
4 32 EXPLANATION
4 33 This bill amends chapter 455B, which in part provides for
4 34 the regulation of animal feeding operations. This bill
4 35 codifies provisions adopted as proposed rules by the
5 1 environmental protection commission relating to the removal,
5 2 rerouting, and capping of drainage tiles around confinement
5 3 feeding operations. However, the bill provides that
5 4 provisions in the rules applicable to existing operations
5 5 required to obtain construction permits after December 31,
5 6 1992, but before the effective date of the rules, apply to all
5 7 confinement feeding operations required to obtain a
5 8 construction permit prior to the effective date of the bill.
5 9 The bill provides that prior to constructing a manure
5 10 storage structure, other than a structure used for the storage
5 11 of manure in an exclusively dry form, for which the department
5 12 requires a construction permit, an applicant for a
5 13 construction permit must make an inspection of the site and
5 14 examination of related records to determine the existence of
5 15 drainage tile lines.
5 16 The bill provides for excavation of land around an aerobic
5 17 structure, anaerobic lagoon, or earthen manure storage basin
5 18 confinement feeding operation structure, and for the removal,
5 19 rerouting, or plugging of drainage tile lines. If a drainage
5 20 tile line is found near a formed manure storage structure,
5 21 similar requirements for removal, rerouting, or plugging the
5 22 line are established.
5 23 The bill provides that the department may grant a variance
5 24 to a requirement of the bill. The bill also provides for a
5 25 grant of waivers to a confinement feeding operation located in
5 26 an area which does not have a history of drainage tile lines.
5 27 The bill imposes similar requirements upon the owner of an
5 28 existing aerobic structure, anaerobic lagoon, or earthen
5 29 manure storage basin, other than an egg washwater storage
5 30 structure, that is part of a confinement feeding operation
5 31 with a construction permit granted before the effective date
5 32 of the bill. The bill requires the owner to conduct an
5 33 inspection not later than July 1, 1997. The bill provides
5 34 that a written record describing the owner's actions to comply
5 35 with the requirements must be prepared and maintained as part
6 1 of the owner's manure management plan records.
6 2 According to section 455B.191, a person violating the
6 3 bill's provisions is subject to a civil penalty of not more
6 4 than $5,000.
6 5 LSB 3588YH 76
6 6 da/cf/24
Text: HF02194 Text: HF02196 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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