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PAG LIN 1 1 Section 1. NEW SECTION. 204.1 DEFINITIONS. 1 2 1. "Animal unit" means a unit of measurement used to 1 3 determine the animal capacity of an animal feeding operation, 1 4 based upon the product of multiplying the number of animals of 1 5 each species by the following: 1 6 a. Slaughter and feeder cattle 1.0 1 7 b. Mature dairy cattle 1.4 1 8 c. Butcher and breeding swine 0.5 1 9 d. Sheep or lambs 0.1 1 10 e. Horses 2.0 1 11 f. Turkeys 0.018 1 12 g. Broiler or layer chickens 0.01 1 13 2. "Annual fee" means the fee provided in section 204.3. 1 14 3. "Confinement feeding operation" means a confinement 1 15 feeding operation as defined in section 455B.160. 1 16 4. "Construction fee" means the fee provided in section 1 17 204.3. 1 18 5. "Fund" means the manure storage indemnity fund created 1 19 in section 204.2. 1 20 6. "Manure storage structure" means a structure used to 1 21 store manure as part of a confinement feeding operation 1 22 required to be constructed pursuant to a permit issued by the 1 23 department of natural resources pursuant to section 455B.173. 1 24 7. "Permittee" means a person required to obtain a permit 1 25 for the construction of a confinement feeding operation, if a 1 26 manure storage structure is connected to the confinement 1 27 feeding operation. 1 28 Sec. 2. NEW SECTION. 204.2 MANURE STORAGE INDEMNITY 1 29 FUND. 1 30 1. A manure storage indemnity fund is created as a 1 31 separate fund in the state treasury under the control of the 1 32 department. The general fund of the state is not liable for 1 33 claims presented against the fund. The fund consists of 1 34 moneys from construction fees and annual fees remitted by 1 35 manure storage permittees as provided in section 204.3; 2 1 delinquency penalties; sums collected by the department by 2 2 legal action in order to collect moneys on behalf of the fund; 2 3 civil penalties assessed and collected by the department of 2 4 natural resources pursuant to section 455B.191; against 2 5 persons required to receive a permit for the construction of a 2 6 confinement feeding operation; and interest, property, 2 7 securities acquired through the use of moneys in the fund; or 2 8 moneys contributed to the fund from other sources. 2 9 2. The moneys collected under this section and deposited 2 10 in the fund shall be used exclusively to indemnify a political 2 11 subdivision for expenses related to removing and disposing of 2 12 manure from a manure storage structure, and to pay the 2 13 administrative costs of this chapter. The moneys in the fund 2 14 are appropriated to and for this purpose. Moneys in the fund 2 15 shall not be subject to appropriation for any other purpose. 2 16 3. The treasurer of state shall act as custodian of the 2 17 fund and disburse amounts contained in the fund as directed by 2 18 the department. The treasurer of state is authorized to 2 19 invest the moneys deposited in the fund. The income from such 2 20 investment shall be credited to and deposited in the fund. 2 21 Notwithstanding section 8.33, moneys in the fund are not 2 22 subject to reversion to the general fund of the state. The 2 23 fund shall be administered by the department which shall make 2 24 expenditures from the fund consistent with the purposes set 2 25 out in this chapter. The moneys in the fund shall be 2 26 disbursed upon warrants drawn by the director of revenue and 2 27 finance pursuant to the order of the department. The fiscal 2 28 year of the fund begins July 1. The finances of the fund 2 29 shall be calculated on an accrual basis in accordance with 2 30 generally accepted accounting principles. The auditor of 2 31 state shall regularly perform audits of the fund. 2 32 Sec. 3. NEW SECTION. 204.3 FEES. 2 33 1. A permittee shall pay a construction fee to the 2 34 department of natural resources before the permittee receives 2 35 a permit by the department of natural resources for the 3 1 construction of a confinement feeding operation, if the manure 3 2 storage structure is constructed on or after the effective 3 3 date of this Act. The amount of the fee shall equal five 3 4 cents for each animal unit of capacity for confinement feeding 3 5 operations housing poultry and twelve and one-half cents per 3 6 animal unit of capacity for confinement feeding operations 3 7 housing other species of animals. The department of natural 3 8 resources shall deposit the moneys into the fund in a manner 3 9 and according to procedures required by the department of 3 10 agriculture and land stewardship. 3 11 2. a. A permittee shall pay an annual fee to the 3 12 department of agriculture and land stewardship which shall be 3 13 remitted by July 1 of each year, unless the annual fee is 3 14 waived pursuant to subsection 3. The department shall provide 3 15 notice in writing to persons required to pay the fee on or 3 16 before June 1 of each year. 3 17 b. The annual fee shall equal five cents per animal unit 3 18 of capacity for confinement feeding operations housing poultry 3 19 and twelve and one-half cents per animal unit of capacity for 3 20 confinement feeding operations housing other species of 3 21 animals. The fee shall not be paid, if the confinement 3 22 feeding operation does not house any animals or manure on July 3 23 1. The permittee shall notify the department that the fee is 3 24 not owing by July 1. 3 25 c. A permittee is delinquent if the permittee fails to 3 26 submit the full fee when due, or if upon examination, an 3 27 underpayment of the fee is found by the department. The 3 28 permittee is subject to a penalty of ten dollars for each day 3 29 the permittee is delinquent or an amount equal to the amount 3 30 of the deficiency, whichever is less. 3 31 3. If, on March 1, the moneys of the fund, less the 3 32 department's estimate of the costs to the fund for pending or 3 33 unsettled claims, exceed five hundred thousand dollars, the 3 34 annual fee pursuant to subsection 2 shall be waived for the 3 35 next fiscal year and shall not be assessable or owing for that 4 1 year. 4 2 4. The department of natural resources shall provide the 4 3 department of agriculture and land stewardship the most 4 4 current available information regarding the names and 4 5 addresses of permittees, including the capacity of the 4 6 confinement feeding operations subject to the permit. The 4 7 information shall be delivered on or before January 1 of each 4 8 year. 4 9 Sec. 4. NEW SECTION. 204.4 COLLECTION. 4 10 The department in cooperation with the attorney general may 4 11 bring an action in court in order to collect moneys required 4 12 to be paid as provided in section 204.3. 4 13 Sec. 5. NEW SECTION. 204.5 CLAIMS AGAINST THE FUND. 4 14 1. A county that has acquired real estate containing a 4 15 manure storage structure following nonpayment of taxes 4 16 pursuant to section 446.19, may make a claim against the fund 4 17 to pay the costs of removing and disposing of the manure 4 18 located in a manure storage structure on the real estate. 4 19 Each claim shall include a bid by a qualified person, other 4 20 than a governmental entity, to remove and dispose of the 4 21 manure for a fixed amount specified in the bid. 4 22 2. The department shall determine if a claim is eligible 4 23 to be satisfied under this section, and do one of the 4 24 following: 4 25 a. Pay the fixed amount specified in the bid submitted by 4 26 the county upon completion of the work. 4 27 b. Obtain a lower fixed amount bid for the work from 4 28 another qualified person, other than a governmental entity, 4 29 and pay the fixed amount in this bid upon completion of the 4 30 work. The department is not required to comply with section 4 31 18.6 in implementing this section. 4 32 3. Upon a determination that the claim is eligible for 4 33 payment, the department shall provide for payment of one 4 34 hundred percent of the claim, as provided in this section, but 4 35 not more than three hundred thousand dollars per claimant. If 5 1 at any time the department determines that there are 5 2 insufficient moneys to make payment of all claims, the 5 3 department may order that payment be deferred on specified 5 4 claims. The department shall hold those claims for payment 5 5 until the department determines that the fund again contains 5 6 sufficient moneys. 5 7 4. In the event of payment of a claim under this section, 5 8 the fund is subrogated to the extent of the amount of the 5 9 payment to all rights, powers, privileges, and remedies of the 5 10 political subdivision regarding the payment amount. The 5 11 political subdivision shall render all necessary assistance to 5 12 assist the department in securing the rights granted in this 5 13 section. No action or claim initiated by a political 5 14 subdivision and pending at the time of payment from the fund 5 15 shall be compromised or settled without the consent of the 5 16 5. If upon disposition of the real estate the county 5 17 realizes an amount which exceeds the total amount due, the 5 18 county shall forward to the fund any excess amount which is 5 19 not more than the amount expended by the fund. 5 20 6. The department of agriculture and land stewardship 5 21 shall adopt administrative rules pursuant to chapter 17A to 5 22 implement this section. 5 23 Sec. 6. NEW SECTION. 204.6 NO STATE OBLIGATION. 5 24 This chapter does not imply any guarantee or obligation on 5 25 the part of the state of Iowa, or any of its agencies, 5 26 employees, or officials, either elective or appointive, with 5 27 respect to any agreement or undertaking to which this chapter 5 28 relates. 5 29 Sec. 7. NEW SECTION. 455A.7A ORGANIC NUTRIENT MANAGEMENT 5 30 ADVISORY COUNCIL. 5 31 1. An organic nutrient management advisory council is 5 32 established. Sections 69.16 and 69.16A apply to the 5 33 composition of the council. Members shall be entitled to 5 34 receive per diem and expenses as provided in section 7E.6. 5 35 The council shall consist of the following: 6 1 a. A designee of the state office of the natural resources 6 2 conservation service of the United States department of 6 3 agriculture, as appointed as a voting member by the head of 6 4 the state office, upon request by the governor. If a person 6 5 is not appointed, the director of the soil conservation 6 6 division of the department of agriculture and land stewardship 6 7 or a designee shall serve as a voting member instead. 6 8 b. Six persons appointed as voting members by the 6 9 governor, after consultation with the secretary of 6 10 agriculture, and subject to confirmation by the senate, as 6 11 provided in section 2.32. The persons shall include all of 6 12 the following: 6 13 (1) Four persons actively engaged in agricultural 6 14 production. Each person must be a member of a commodity 6 15 organization or association which represents agricultural 6 16 producers in this state. 6 17 (2) One person actively engaged in agricultural production 6 18 who is a member of an organization or association which 6 19 represents agricultural producers generally. 6 20 (3) One person who is interested in environmental quality 6 21 issues. The person must be a member of an association or 6 22 organization interested in the protection or preservation of 6 23 the natural environment. 6 24 c. Four members of the general assembly serving as voting 6 25 members who are two state senators, one appointed by the 6 26 president of the senate, after consultation with the majority 6 27 leader of the senate, and one appointed by the minority leader 6 28 of the senate, after consultation with the president of the 6 29 senate, from their respective parties; and two state 6 30 representatives appointed by the speaker, one from the 6 31 majority party after consultation with the majority leader of 6 32 the house and one from the minority party after consultation 6 33 with the minority leader of the house. 6 34 d. The director of the department of natural resources or 6 35 the director's designee and the dean of the college of 7 1 agriculture at Iowa state university, or a designee, who shall 7 2 serve as nonvoting ex officio members. 7 3 2. The department shall furnish the council with a meeting 7 4 place, staff, and all articles, supplies, and services 7 5 necessary to enable the council to perform its duties. 7 6 3. The members appointed by the governor shall serve 7 7 three-year terms beginning and ending as provided in section 7 8 69.19. However, the governor shall appoint some initial 7 9 members to serve for less than three years to ensure members 7 10 serve staggered terms. A member appointed by the governor is 7 11 eligible for reappointment. However, a member shall not serve 7 12 for more than two full consecutive terms. A vacancy on the 7 13 council shall be filled for the unexpired portion of the 7 14 regular term in the same manner as regular appointments are 7 15 made. The council shall elect a chairperson each year and 7 16 meet on a regular basis and at the call of the chairperson or 7 17 upon the written request to the chairperson of three or more 7 18 voting members. Written notice of the time and place of the 7 19 meeting shall be given to each member. Six voting members 7 20 constitute a quorum and the affirmative vote of a majority of 7 21 the voting members present is necessary for any substantive 7 22 action to be taken by the council, except that a lesser number 7 23 may adjourn a meeting. The majority shall not include any 7 24 member who has a conflict of interest and a statement by a 7 25 member that the member has a conflict of interest is 7 26 conclusive for this purpose. A vacancy in the membership does 7 27 not impair the duties of the council. 7 28 4. The council shall do all of the following: 7 29 a. Advise the department and the environmental protection 7 30 commission regarding animal feeding operations. 7 31 b. Study the effects of animal feeding operations and 7 32 recommend to the department and commission solutions and 7 33 policy or regulatory alternatives relating to animal feeding 7 34 operations, including recommendations for rulemaking by the 7 35 department pursuant to chapter 17A or recommendations to the 8 1 general assembly. 8 2 c. Provide advice and recommendations to the department 8 3 regarding all of the following: 8 4 (1) The need to require the installation and operation of 8 5 a hydrological monitoring system for an exclusively earthen 8 6 manure storage structure, as provided in section 455B.173. 8 7 (2) Manure application practices as provided in section 8 8 455B.201. 8 9 (3) The certification of manure plan managers as provided 8 10 in section 455B.201. 8 11 (4) The formulation of standards required for manure 8 12 management plans, as provided in section 455B.202, including 8 13 but not limited to sludge management subplans. 8 14 d. Provide other information or perform other duties which 8 15 may be of assistance to animal feeding operations. 8 16 Sec. 8. NEW SECTION. 455B.110 ANIMAL FEEDING OPERATIONS 8 17 &endash; COMMISSION APPROVAL OF ENFORCEMENT ACTIONS. 8 18 The department shall not initiate an enforcement action in 8 19 response to a violation by an animal feeding operation as 8 20 defined in section 455B.160 as provided in this chapter or in 8 21 a rule adopted by this chapter, or request the commencement of 8 22 legal action by the attorney general pursuant to section 8 23 455B.141, unless the commission has approved the intended 8 24 action. This section shall not apply to an order to terminate 8 25 an emergency issued by the director pursuant to section 8 26 455B.175. 8 27 Sec. 9. Section 455B.131, subsection 5, Code 1995, is 8 28 amended by striking the subsection. 8 29 Sec. 10. Section 455B.134, subsection 3, paragraph f, Code 8 30 1995, is amended by striking the paragraph. 8 31 SITING REQUIREMENTS &endash; NEW PART 8 32 Sec. 11. NEW SECTION. 455B.160 DEFINITIONS. 8 33 As used in this part, unless the context otherwise 8 34 requires: 8 35 1. "Animal feeding operation" means a lot, yard, corral, 9 1 building, or other area in which animals are confined and fed 9 2 and maintained for forty-five days or more in any twelve-month 9 3 period. Two or more animal feeding operations under common 9 4 ownership or management are deemed to be a single animal 9 5 feeding operation if they are adjacent or utilize a common 9 6 area or system for waste disposal. 9 7 2. "Animal weight capacity" means the actual average 9 8 animal weight of animals which can be confined in an animal 9 9 feeding operation at any one time. 9 10 3. "Confinement feeding operation" means a totally roofed 9 11 animal feeding operation in which manure is stored or removed 9 12 as a liquid, semiliquid, or solid. 9 13 4. "Confinement feeding operation structure" means a 9 14 structure used in conjunction with a confinement feeding 9 15 operation which is an open outside formed waste storage tank, 9 16 covered outside formed waste storage tank, egg washwater 9 17 lagoon, or building used to house animals. 9 18 5. "Earthen waste storage basin" means an uncovered 9 19 earthen cavity which, on a regular basis, receives waste 9 20 discharges from a confinement feeding operation if accumulated 9 21 wastes from the basin are completely removed at least twice 9 22 each year. 9 23 6. "Public use area" means an area within a park in which 9 24 the state or a political subdivision holds an interest, if 9 25 facilities are located in the area which attract the public to 9 26 congregate and remain in the area for significant periods of 9 27 time. Such areas include, but are not limited to, picnic 9 28 grounds, campgrounds, lodges, shelter houses, and swimming 9 29 beaches. 9 30 7. "Structure" means an anaerobic lagoon, earthen waste 9 31 storage basin, or confinement feeding operation structure. 9 32 8. "Water of the state" means any lake, river, or stream 9 33 within the territorial limits of this state, and the marginal 9 34 river areas adjacent to this state, which can support a 9 35 floating vessel capable of carrying one or more persons during 10 1 a total of a six-month period in one out of ten years, 10 2 excluding periods of flooding. However, "water of the state" 10 3 does not include a farm pond or privately owned lake, as 10 4 defined in section 462A.2. 10 5 Sec. 12. NEW SECTION. 455B.161 ANAEROBIC LAGOONS &endash; IN- 10 6 DUSTRIAL TREATMENT OF WASTEWATER FACILITIES. 10 7 1. An anaerobic lagoon constructed or expanded on or after 10 8 July 1, 1982, which is connected to an industrial treatment of 10 9 wastewater facility shall be located at least the following 10 10 distances away from a residence not owned by the owner of the 10 11 anaerobic lagoon or from a public use area, other than a 10 12 public road: 10 13 a. One thousand two hundred fifty feet, if the average 10 14 wastewater discharge flow from the anaerobic lagoon is one 10 15 hundred thousand gallons per day or less. 10 16 b. One thousand eight hundred seventy-five feet, if the 10 17 average wastewater discharge flow from the anaerobic lagoon is 10 18 greater than one hundred thousand gallons per day. 10 19 2. As used in this section, the term "public use area" 10 20 does not mean the same as defined in section 455B.160. 10 21 Sec. 13. NEW SECTION. 455B.162 ANIMAL FEEDING OPERATIONS 10 22 &endash; NEW CONSTRUCTION AND EXPANSION. 10 23 The following shall apply to structures constructed on or 10 24 after the effective date of this Act or to the expansion of 10 25 structures constructed on or after the effective date of this 10 26 Act: 10 27 1. An anaerobic lagoon or earthen waste storage basin 10 28 which is related to an animal feeding operation shall be 10 29 located at least the following distances away from a residence 10 30 not owned by the owner of the animal feeding operation: 10 31 a. One thousand two hundred fifty feet, if the animal 10 32 feeding operation contains the following: 10 33 (1) Less than six hundred twenty-five thousand pounds 10 34 animal weight capacity for all animal species other than beef 10 35 cattle. 11 1 (2) Less than one million six hundred thousand pounds 11 2 animal weight capacity for beef cattle. 11 3 b. One thousand eight hundred seventy-five feet, if the 11 4 animal feeding operation contains the following: 11 5 (1) Six hundred twenty-five thousand or more pounds animal 11 6 weight capacity for all animal species other than beef cattle. 11 7 (2) One million six hundred thousand or more pounds animal 11 8 weight capacity for beef cattle. 11 9 2. An open outside formed waste storage tank which is 11 10 related to a confinement feeding operation shall be located at 11 11 least the following distances away from a residence not owned 11 12 by the owner of the confinement feeding operation: 11 13 a. One thousand feet, if the confinement feeding operation 11 14 contains less than six hundred twenty-five thousand pounds 11 15 animal weight capacity of all animal species. 11 16 b. One thousand five hundred feet, if the confinement 11 17 feeding operation contains six hundred twenty-five thousand or 11 18 more pounds animal weight capacity of all animal species. 11 19 3. A building used to house animals which is related to a 11 20 confinement feeding operation shall be located at least the 11 21 following distances away from a residence not owned by the 11 22 owner of the confinement feeding operation: 11 23 a. Seven hundred fifty feet, if the confinement feeding 11 24 operation contains less than six hundred twenty-five thousand 11 25 pounds animal weight capacity of all animal species. 11 26 b. One thousand feet, if the confinement feeding operation 11 27 contains six hundred twenty-five thousand or more pounds 11 28 animal weight capacity of all animal species. 11 29 4. A covered outside formed waste storage tank which is 11 30 related to a confinement feeding operation shall be located at 11 31 least the following distances away from a residence not owned 11 32 by the owner of the confinement feeding operation: 11 33 a. Seven hundred fifty feet, if the confinement feeding 11 34 operation contains less than six hundred twenty-five thousand 11 35 pounds animal weight capacity of all animal species. 12 1 b. One thousand feet, if the confinement feeding operation 12 2 contains six hundred twenty-five thousand or more pounds 12 3 animal weight capacity of all animal species. 12 4 5. An egg washwater lagoon, which is related to a 12 5 confinement feeding operation, shall be located at least the 12 6 following distances away from a residence not owned by the 12 7 owner of the confinement feeding operation: 12 8 a. Seven hundred fifty feet, if the confinement feeding 12 9 operation contains less than six hundred twenty-five thousand 12 10 pounds animal weight capacity of all animal species. 12 11 b. One thousand feet, if the confinement feeding operation 12 12 contains six hundred twenty-five thousand or more pounds 12 13 animal weight capacity of all animal species. 12 14 6. An anaerobic lagoon or earthen waste storage basin 12 15 which is related to an animal feeding operation shall be 12 16 located at least the following distances away from a public 12 17 use area: 12 18 a. One thousand two hundred fifty feet, if the animal 12 19 feeding operation contains the following: 12 20 (1) Less than six hundred twenty-five thousand pounds 12 21 animal weight capacity for all animal species other than beef 12 22 cattle. 12 23 (2) Less than one million six hundred thousand pounds 12 24 animal weight capacity for beef cattle. 12 25 b. One thousand eight hundred seventy-five feet, if the 12 26 animal feeding operation contains the following: 12 27 (1) Six hundred twenty-five thousand or more pounds animal 12 28 weight capacity for all animal species other than beef cattle. 12 29 (2) One million six hundred thousand or more pounds animal 12 30 weight capacity for beef cattle. 12 31 7. A confinement feeding operation structure shall be 12 32 located at least the following distances away from a public 12 33 use area: 12 34 a. One thousand two hundred fifty feet, if the confinement 12 35 feeding operation contains less than six hundred twenty-five 13 1 thousand pounds animal weight capacity of all animal species. 13 2 b. One thousand eight hundred seventy-five feet, if the 13 3 confinement feeding operation contains six hundred twenty-five 13 4 thousand pounds or more animal weight capacity of all species. 13 5 8. An anaerobic lagoon, which is a part of an animal 13 6 feeding operation shall be located at least two hundred feet 13 7 from water of the state or a surface intake of an agricultural 13 8 drainage well. 13 9 9. An earthen waste storage basin which is related to a 13 10 confinement feeding operation shall be located at least two 13 11 hundred feet from water of the state or a surface intake of an 13 12 agricultural drainage well. 13 13 10. A confinement feeding operation structure which is 13 14 related to a confinement feeding operation shall be located at 13 15 least two hundred feet from water of the state or a surface 13 16 intake of an agricultural drainage well. 13 17 11. A structure which is related to a confinement feeding 13 18 operation shall be located at least the following distances 13 19 away from the corporate limits of a city: 13 20 a. One thousand two hundred fifty feet, if the confinement 13 21 feeding operation contains less than six hundred twenty-five 13 22 thousand pounds animal weight capacity of all animal species. 13 23 b. One thousand eight hundred seventy-five feet, if the 13 24 confinement feeding operation contains six hundred twenty-five 13 25 thousand pounds or more animal weight capacity of all animal 13 26 species. 13 27 Sec. 14. NEW SECTION. 455B.163 DISTANCE REQUIREMENTS FOR 13 28 ANIMAL FEEDING OPERATIONS &endash; CONSTRUCTION OR EXPANSION PRIOR 13 29 TO THE EFFECTIVE DATE OF THIS ACT. 13 30 1. An anaerobic lagoon constructed or expanded on or after 13 31 June 20, 1979, but prior to the effective date of this Act, 13 32 and an earthen waste storage basin constructed or expanded on 13 33 or after July 1, 1990, but prior to the effective date of this 13 34 Act, which is used in connection with an animal feeding 13 35 operation shall be located at least the following distances 14 1 away from a residence not owned by the owner of the animal 14 2 feeding operation or from a public use area other than a 14 3 public road: 14 4 a. One thousand two hundred fifty, if the animal feeding 14 5 operation contains the following: 14 6 (1) Less than six hundred twenty-five thousand pounds live 14 7 animal weight capacity of all animal species other than beef 14 8 cattle. 14 9 (2) Less than one million six hundred thousand pounds live 14 10 animal weight capacity of beef cattle. 14 11 b. One thousand eight hundred seventy-five feet, if the 14 12 animal feeding operation contains the following: 14 13 (1) Six hundred twenty-five thousand pounds or more live 14 14 animal weight capacity of all animal species other than beef 14 15 cattle. 14 16 (2) One million six hundred thousand pounds or more live 14 17 animal weight capacity of beef cattle. 14 18 2. For the purpose of this section, the determination of 14 19 live animal weight capacity shall be based on the average 14 20 animal weight during a production cycle and the maximum animal 14 21 capacity of the animal feeding operation. 14 22 3. As used in this section, the term "public use area" 14 23 does not mean the same as defined in section 455B.160. 14 24 Sec. 15. NEW SECTION. 455B.164 DISTANCE REQUIREMENTS FOR 14 25 CONFINEMENT FEEDING OPERATIONS &endash; EXPANSION OF STRUCTURES 14 26 CONSTRUCTED OR EXPANDED PRIOR TO THE EFFECTIVE DATE OF THE 14 27 ACT. 14 28 A confinement feeding operation, utilizing a confinement 14 29 feeding operation structure which is constructed or expanded 14 30 before July 1, 1995, may be expanded notwithstanding that 14 31 section, if all of the following apply: 14 32 1. No structure after expansion is closer to a residence, 14 33 public use area, water of the state, or city, than that 14 34 separation required under this chapter for a structure 14 35 constructed or expanded on or after the effective date of this 15 1 Act. 15 2 2. The animal weight capacity of the confinement feeding 15 3 operation as expanded is not more than double its capacity on 15 4 July 1, 1995, or six hundred twenty-five thousand pounds 15 5 animal weight capacity for all animal species, whichever is 15 6 less. 15 7 Sec. 16. NEW SECTION. 455B.165 DISTANCE MEASUREMENTS. 15 8 All distances between subjects provided in this part shall 15 9 be measured from their closest points. 15 10 Sec. 17. NEW SECTION. 455B.166 DISTANCE REQUIREMENTS FOR 15 11 CONFINEMENT FEEDING OPERATIONS &endash; EXEMPTIONS. 15 12 A separation distance requirement provided in this part 15 13 shall not apply to the following: 15 14 1. A confinement feeding operation structure, if the 15 15 confinement feeding operation has an animal capacity of four 15 16 hundred or fewer animal units, as provided in the federal 15 17 Water Pollution Control Act, 33 U.S.C. ch. 126, under the 15 18 national pollutant discharge elimination system permit 15 19 program. 15 20 2. A confinement feeding operation structure which is 15 21 constructed or expanded, if the titleholder of the land where 15 22 the structure is located executes a written waiver with the 15 23 titleholder of the land benefiting from the distance 15 24 requirement, under such terms and conditions that the parties 15 25 negotiate. The written waiver becomes effective only upon 15 26 recording in the office of the recorder of deeds of the county 15 27 in which the benefited land is located. The filed waiver 15 28 shall preclude enforcement of this part by the state. 15 29 Sec. 18. Section 455B.171, Code 1995, is amended by adding 15 30 the following new subsections: 15 31 NEW SUBSECTION. 1A. "Animal feeding operation" means the 15 32 same as defined in section 455B.160. 15 33 NEW SUBSECTION. 1B. "Confinement feeding operation" means 15 34 the same as defined in section 455B.160. 15 35 NEW SUBSECTION. 7A. "Manure" means excreta and other 16 1 commonly associated wastes of animals. 16 2 Sec. 19. Section 455B.173, subsection 3, unnumbered 16 3 paragraph 1, Code 1995, is amended to read as follows: 16 4 Establish, modify or repeal rules relating to the location, 16 5 construction, operation, and maintenance of disposal systems 16 6 and public water supply systems and specifying the conditions, 16 7 including the viability of a system pursuant to section 16 8 455B.174, under which the director shall issue, revoke, 16 9 suspend, modify, or deny permits for the operation, 16 10 installation, construction, addition to, or modification of 16 11 any disposal system or public water supply system, or for the 16 12 discharge of any pollutantor for the disposal of water wastes16 13resulting from poultry and livestock operations. The rules 16 14 specifying the conditions under which the director shall issue 16 15 permits for the construction of an electric power generating 16 16 facility subject to chapter 476A shall provide for issuing a 16 17 conditional permit upon the submission of engineering 16 18 descriptions, flow diagrams and schematics that qualitatively 16 19 and quantitatively identify effluent streams and alternative 16 20 disposal systems that will provide compliance with effluent 16 21 standards or limitations. 16 22 Sec. 20. Section 455B.173, Code 1995, is amended by adding 16 23 the following new subsection: 16 24 NEW SUBSECTION. 12. Adopt, modify, or repeal rules 16 25 relating to the construction of animal feeding operations. 16 26 The rules shall include, but are not limited to, minimum 16 27 manure control requirements, requirements for obtaining 16 28 permits, and departmental evaluations of animal feeding 16 29 operations. The department shall provide for the issuance of 16 30 a permit for the construction of an animal feeding operation, 16 31 if an application is submitted according to procedures 16 32 required by the department, and the application meets 16 33 standards established by the department, regardless of whether 16 34 the animal feeding operation is required to obtain such a 16 35 permit. Prior to granting a permit to a person for the 17 1 construction of an animal feeding operation, the department 17 2 may require the installation and operation of a hydrological 17 3 monitoring system for an exclusively earthen manure storage 17 4 structure, if, after an on-site inspection, the department 17 5 determines that the site presents an extraordinary potential 17 6 for groundwater pollution. A person shall not obtain a permit 17 7 for the construction of a confinement feeding operation, 17 8 unless the person develops and complies with a manure 17 9 management plan as provided in section 455B.202. The 17 10 department shall consider recommendations by the organic 17 11 nutrient management advisory council regarding the need to 17 12 require the installation and operation of a hydrological 17 13 monitoring system. The department shall not issue a permit, 17 14 if there is an alleged violation of this part of division III 17 15 relating to a confinement feeding operation in which the 17 16 person has an interest, and the department is conducting an 17 17 investigation or initiating or conducting a contested case 17 18 proceeding. 17 19 CONFINEMENT FEEDING OPERATIONS 17 20 Sec. 21. NEW SECTION. 455B.200 MANURE MANAGEMENT PLAN 17 21 CERTIFICATION &endash; TRAINING PROGRAM. 17 22 1. The department shall establish and administer a program 17 23 to certify persons as manure plan managers. Manure plan 17 24 managers shall be trained to carry out the terms and 17 25 conditions of a manure management plan as provided in section 17 26 455B.202. 17 27 2. In order to be certified, a person must complete four 17 28 hours of training in the administration of the terms and 17 29 conditions of the manure management plans. 17 30 3. A certification shall expire five years following the 17 31 date that the person was last certified. In order to be 17 32 recertified, the person must complete four additional hours of 17 33 training as provided in this section. 17 34 4. Iowa state university shall develop and administer the 17 35 training program in cooperation with qualified persons 18 1 approved by the department. The training shall be conducted 18 2 by Iowa state university or a qualified person approved by the 18 3 department. To every extent possible, training courses shall 18 4 be offered in each county. The state is not required to 18 5 compensate persons selected to teach the courses. A 18 6 certification fee of ten dollars shall be paid to the 18 7 department. The department shall collect and use the fees for 18 8 purposes of supporting the training of manure plan managers. 18 9 Sec. 22. NEW SECTION. 455B.201 MANURE MANAGEMENT 18 10 PRACTICES. 18 11 The department shall adopt rules for manure management 18 12 practices by persons required to obtain a permit for the 18 13 construction of a confinement feeding operation which shall 18 14 include the following: 18 15 1. Requirements for the submission and approval of a 18 16 manure management plan as provided in section 455B.202. 18 17 2. Manure application practices, including manure 18 18 application rates on land based on the production of 18 19 designated crops and according to crop rotation schedules. 18 20 The application rates shall be based on nitrogen use levels of 18 21 designated crops, if the land where the manure is applied does 18 22 not exceed soil loss limits. The department shall establish 18 23 manure application rates based on phosphorus use levels of 18 24 designated crops, if the land where the manure is applied 18 25 exceeds soil loss limits. 18 26 3. The testing and management of sludge contained in an 18 27 anaerobic lagoon. 18 28 4. The application of sludge to land based on the 18 29 phosphorus content of the sludge, the phosphorus needs of the 18 30 crops, and the phosphorus levels in the soil. 18 31 5. The department shall adopt rules based on 18 32 recommendations submitted by Iowa state university and the 18 33 division of soil conservation of the department of agriculture 18 34 and land stewardship, and after consideration of 18 35 recommendations submitted by the organic nutrient management 19 1 advisory council. 19 2 Sec. 23. NEW SECTION. 455B.202 CONFINEMENT FEEDING 19 3 OPERATIONS &endash; MANURE MANAGEMENT PLAN REQUIREMENTS. 19 4 1. a. A person shall not receive a permit for the 19 5 construction of a confinement feeding operation as provided in 19 6 section 455B.173, unless the person develops and complies with 19 7 a manure management plan as provided by rules which shall be 19 8 adopted by the department pursuant to chapter 17A. The plan 19 9 shall provide for the application of manure in a manner that 19 10 is consistent with manure management practices provided in 19 11 section 455B.201. The department shall adopt all rules 19 12 required to implement this section not later than six months 19 13 following the effective date of this Act. 19 14 b. A person issued a permit for the construction of a 19 15 confinement feeding operation before January 1, 1994, shall 19 16 submit a manure management plan to the department not later 19 17 than two years and six months after the effective date of this 19 18 Act. A person issued a permit for the construction of a 19 19 confinement feeding operation between January 1, 1994, and six 19 20 months after the effective date of this Act, shall submit a 19 21 manure management plan to the department not later than one 19 22 year after the effective date of this Act. If a person 19 23 required to submit a delayed plan pursuant to this paragraph 19 24 violates section 455B.201, the person shall be required to 19 25 submit the plan to the department not later than one hundred 19 26 twenty days following notice by the department. 19 27 2. The manure plan manager shall be responsible for the 19 28 implementation of and compliance with the plan, including any 19 29 sludge management subplan. 19 30 If a person receives a permit for the construction of a 19 31 confinement feeding operation between January 1, 1994, and six 19 32 months after the effective date of this Act, the manure plan 19 33 manager must be certified by one year following the effective 19 34 date of this Act. If a person receives a permit for the 19 35 construction of a confinement feeding operation before January 20 1 1, 1994, the manure plan manager must be certified not later 20 2 than two years and six months after the effective date of this 20 3 Act. 20 4 3. A manure management plan shall include, but is not 20 5 limited to, all of the following: 20 6 a. Calculations to determine the land area required for 20 7 application of manure from the confinement feeding operation 20 8 for the crop rotation specified in the plan. 20 9 b. The rate of manure application which shall be 20 10 consistent with the requirements of section 455B.201. 20 11 c. A crop rotation schedule for land subject to 20 12 application. 20 13 d. A sludge management subplan, if required pursuant to 20 14 subsection 5. 20 15 4. A person operating a confinement feeding operation 20 16 which utilizes an anaerobic lagoon shall include a sludge 20 17 management subplan in the manure management plan. The sludge 20 18 management subplan shall include, but is not limited to, 20 19 requirements that every five years following approval of the 20 20 plan by the department, the depth of sludge shall be measured, 20 21 the sludge shall be tested for phosphorus content, and the 20 22 results of the test shall be submitted to the department. The 20 23 department shall determine whether the person shall be 20 24 required to remove the sludge and apply it to land, pursuant 20 25 to section 455B.201, based on the information submitted by the 20 26 person and recommendations by Iowa state university, and after 20 27 consideration of recommendations submitted by the organic 20 28 nutrient management advisory council. 20 29 5. A person receiving a permit for the construction of a 20 30 confinement feeding operation shall maintain records 20 31 sufficient to demonstrate compliance with the manure 20 32 management plan. The person shall keep a current manure 20 33 management plan on file, which shall include significant 20 34 modifications to the person's operations. A significant 20 35 modification includes, but is not limited to, an increase in 21 1 the amount of manure generated by the confinement feeding 21 2 operation or a decrease in the land area available for 21 3 application of manure. Chapter 22 shall not apply to the 21 4 records which shall be kept confidential by the department and 21 5 its agents and employees. The contents of the records are not 21 6 subject to disclosure except as follows: 21 7 a. Upon waiver by the person receiving the permit. 21 8 b. In an action or administrative proceeding commenced 21 9 under this chapter. Any hearing shall be closed. 21 10 c. When required by subpoena or court order. 21 11 d. The disclosure to law enforcement agencies in regard to 21 12 the detection and prosecution of public offenses. 21 13 6. The department may inspect the confinement feeding 21 14 operation any time, during normal working hours, and may 21 15 inspect records required to be maintained as part of the 21 16 manure management plan. 21 17 7. A person required to submit a manure management plan 21 18 who is found in violation of the terms and conditions of the 21 19 plan shall not be subject to an enforcement action other than 21 20 assessment of a civil penalty pursuant to this chapter. 21 21 Sec. 24. Section 455B.191, Code 1995, is amended by adding 21 22 the following new subsections: 21 23 NEW SUBSECTION. 7. The department may impose an 21 24 additional civil penalty on a person required to receive a 21 25 permit for the construction of a confinement feeding 21 26 operation, if the person has committed more than one violation 21 27 of a provision of this chapter or a rule adopted by the 21 28 department relating to the confinement feeding operation. The 21 29 total amount of the additional civil penalty shall not exceed 21 30 five thousand dollars for each occasion that a penalty is 21 31 assessed. 21 32 NEW SUBSECTION. 8. Moneys assessed and collected in civil 21 33 penalties imposed pursuant to this section on a person 21 34 required to receive a permit for the construction of a 21 35 confinement feeding operation shall be deposited in the manure 22 1 storage indemnity fund as created in section 204.2. 22 2 Sec. 25. NEW SECTION. 657.11 ANIMAL FEEDING OPERATIONS. 22 3 1. The purpose of this section is to protect animal 22 4 agricultural producers who manage their operations according 22 5 to state and federal requirements from the cost of defending 22 6 potentially expensive and time-consuming nuisance suits which 22 7 negatively impacts upon Iowa's competitive economic position, 22 8 and discourages persons from entering into animal agricultural 22 9 production. This section is intended to promote the expansion 22 10 of animal agriculture in this state by protecting persons 22 11 engaged in the care and feeding of animals. The general 22 12 assembly has balanced all competing interests and declares its 22 13 intent to protect and preserve animal agricultural production 22 14 operations which comply with the requirements of this section. 22 15 2. If a person receives all applicable permits as required 22 16 in chapter 455B for the construction of an animal feeding 22 17 operation as defined in section 455B.160, the animal feeding 22 18 operation shall not be found to be a public or private 22 19 nuisance, regardless of the established date of the operation 22 20 or expansion, or whether the person is required to receive the 22 21 permits or has obtained the permits voluntarily. This 22 22 nuisance suit protection includes, but is not limited to, the 22 23 care or feeding of animals; the handling or transportation of 22 24 animals; the treatment or disposal of wastes resulting from 22 25 animals; the transportation and application of animal wastes; 22 26 and the creation of noise, odor, dust, or fumes arising from 22 27 an animal feeding operation. 22 28 3. The nuisance suit protection provided in this section 22 29 does not apply to an animal feeding operation, if any of the 22 30 following apply: 22 31 a. The animal feeding operation violates a federal statute 22 32 or regulation or state statute or rule. 22 33 b. The animal feeding operation is conducted in a 22 34 negligent manner. 22 35 c. The animal feeding operation causes the pollution or 23 1 change in condition of the waters of a stream, the overflowing 23 2 of the operation's land, or excessive soil erosion onto 23 3 another person's land, unless the injury or damage is caused 23 4 by an act of God. 23 5 d. An injury to a person or damages to property is caused 23 6 by the animal feeding operation before the effective date of 23 7 this Act. If the applicable permits are obtained on or after 23 8 the effective date of this Act, the nuisance protection does 23 9 not apply to injury or damages caused before the date the 23 10 applicable permits are obtained. 23 11 4. A plaintiff in a losing cause of action is liable to 23 12 the defendant for all costs and expenses incurred in the 23 13 defense of the action, if the cause of action is based on a 23 14 claim of a public or private nuisance. The costs shall 23 15 include but are not limited to reasonable attorney fees, court 23 16 costs, travel expenses, and other related incidental expenses. 23 17 Sec. 26. NOTICE. The department of natural resources 23 18 shall provide a written notice to persons required to develop 23 19 and comply with a manure management plan as provided in 23 20 section 455B.202 not later than one year after the effective 23 21 date of this Act. The notice shall include information from 23 22 section 455B.202 regarding delayed dates of compliance. 23 23 EXPLANATION 23 24 This bill provides for the regulation of animal feeding 23 25 operations. 23 26 The bill establishes an organic nutrient management 23 27 advisory council. The council consists of a number of 23 28 persons, including a designee of the state office of the 23 29 natural resources conservation service of the United States 23 30 department of agriculture, or director of the soil 23 31 conservation division of the department of agriculture and 23 32 land stewardship; six persons appointed by the governor, after 23 33 consultation with the secretary of agriculture, and subject to 23 34 confirmation by the senate, as provided in section 2.32. The 23 35 persons include five persons actively engaged in animal 24 1 agricultural production and one person who is interested in 24 2 environmental quality issues. The council is also composed of 24 3 four members of the general assembly. The council is 24 4 responsible for advising the department and the environmental 24 5 protection commission regarding animal feeding operations and 24 6 recommending to the department and commission solutions and 24 7 policy or regulatory alternatives relating to animal feeding 24 8 operations, including recommendations for rulemaking by the 24 9 department and recommendations to the general assembly. 24 10 The bill provides that the department of natural resources 24 11 is prohibited from initiating an enforcement action in 24 12 response to a violation by an animal feeding operation as 24 13 provided in the bill. 24 14 The bill rewrites and reorganizes existing provisions 24 15 relating to distance requirements that must exist between 24 16 anaerobic lagoons or earthen waste basins and residences and 24 17 public use areas. The bill provides a number of new distance 24 18 requirements which are applicable to animal feeding 24 19 operations, anaerobic lagoons, earthen waste storage basins, 24 20 open outside formed waste storage tanks, buildings, covered 24 21 outside formed waste storage tanks, and egg washwater lagoons. 24 22 The bill limits the expansion of a confinement feeding 24 23 operation, if the operation was constructed or expanded prior 24 24 to the effective date of the bill. The bill provides 24 25 exceptions when a distance requirement is not applicable, 24 26 including when a structure has an animal capacity of 400 or 24 27 fewer animal units, and in cases in which the structure is 24 28 constructed or expanded pursuant to a waiver by the parties 24 29 affected. 24 30 The bill provides that the department may adopt rules 24 31 relating to the construction of animal feeding operations. 24 32 The rules must include, but are not limited to, minimum manure 24 33 control requirements, requirements for obtaining permits, and 24 34 departmental evaluations of animal feeding operations. The 24 35 department is required to provide for the issuance of permits 25 1 for the construction of an animal feeding operation, if an 25 2 application is submitted according to procedures required by 25 3 the department, and the application meets standards 25 4 established by the department, regardless of whether the 25 5 animal feeding operation is required to obtain such a permit. 25 6 The bill requires that a person cannot obtain a permit for the 25 7 construction of a confinement feeding operation, unless the 25 8 person develops a manure management plan. 25 9 The bill provides that the department is required to 25 10 establish and administer a program to certify that persons are 25 11 manure plan managers qualified to apply manure as required 25 12 under the plan. In order to become certified, the person must 25 13 receive four hours of training. A certification expires five 25 14 years following the date that the person was last certified. 25 15 In order to be recertified, the person must complete four 25 16 additional hours of training. The bill requires Iowa state 25 17 university to develop and administer the training program. 25 18 The university may act in cooperation with qualified persons 25 19 approved by the department. 25 20 The bill requires the department to adopt rules relating to 25 21 manure application practices by persons required to obtain a 25 22 permit for the construction of confinement feeding operations. 25 23 The department must adopt rules based on recommendations 25 24 submitted by Iowa state university and the department of 25 25 agriculture and land stewardship, and consider recommendations 25 26 by the organic nutrient advisory council. 25 27 The bill provides for manure management plans. A person 25 28 cannot receive a permit for the construction of a confinement 25 29 feeding operation unless the person develops and complies with 25 30 a manure management plan as provided by rules which shall be 25 31 adopted by the department. The plan shall provide for the 25 32 application of manure in a manner that is consistent with 25 33 manure management practices required in the bill. The 25 34 department must adopt all rules required to implement this 25 35 provision not later than six months following the effective 26 1 date of the bill. 26 2 The bill provides for the delay in meeting these 26 3 requirements by persons required to obtain construction 26 4 permits. The bill provides that a person operating a 26 5 confinement feeding operation which utilizes an anaerobic 26 6 lagoon must include a sludge management subplan as part of the 26 7 manure management plan. The bill provides that a person 26 8 required to maintain the plan must keep records sufficient to 26 9 demonstrate compliance with the manure management plan. The 26 10 public records law does not apply to the records. 26 11 The bill provides that the department may impose an 26 12 additional civil penalty on a person required to receive a 26 13 permit for the construction of a confinement feeding 26 14 operation, if the person has committed more than one violation 26 15 of a provision of chapter 455B. 26 16 The bill provides that if a person receives all applicable 26 17 permits as required in chapter 455B for the construction of a 26 18 confinement feeding operation, the confinement feeding 26 19 operation shall not be found to be a public or private 26 20 nuisance, regardless of the established date of the operation, 26 21 or whether the person is required to receive the permits or 26 22 has obtained the permits voluntarily. The nuisance suit 26 23 protection does not apply to an animal feeding operation, if 26 24 the operation violates a federal statute or regulation or 26 25 state statute or rule, the operation is conducted in a 26 26 negligent manner, the operation causes the pollution or change 26 27 in condition of the waters of a stream, the overflowing of the 26 28 operation's land, or excessive soil erosion onto another 26 29 person's land, unless the injury or damage is caused by an act 26 30 of God. The protection also does not apply to an injury to a 26 31 person or damages to property caused by the operation before 26 32 the effective date of the bill. A plaintiff in a losing cause 26 33 of action is liable to the defendant for all costs and 26 34 expenses incurred in the defense of the action. 26 35 The bill establishes a manure storage indemnity fund. 27 1 Moneys in the fund are appropriated to and for the purposes of 27 2 indemnifying a political subdivision for expenses related to 27 3 removing and disposing of manure from a manure storage 27 4 structure, and to pay the administrative costs of the 27 5 department. The department of agriculture and land 27 6 stewardship controls the fund and administers the program. 27 7 The fund is composed of a construction fee paid before a 27 8 construction permit is issued by the department of natural 27 9 resources. An annual fee is then paid to the department of 27 10 agriculture and land stewardship. The amount of the fees 27 11 equals 5 cents for each animal unit of capacity for facilities 27 12 housing poultry and 12 1/2 cents per animal unit of capacity 27 13 for facilities housing other species of animals. If, on March 27 14 1, the moneys of the fund less the department's estimate of 27 15 the costs to the fund for pending or unsettled claims exceeds 27 16 $500,000, then the annual fee is waived for the next fiscal 27 17 year. The bill provides for the collection of the fees. The 27 18 bill provides that a county that has acquired real estate 27 19 containing a manure storage structure following nonpayment of 27 20 taxes may make a claim against the fund to pay the costs of 27 21 removing and disposing of the manure located in a manure 27 22 storage structure on the real estate. The department must 27 23 determine if a claim is eligible, and either pay the fixed 27 24 amount specified in the bid submitted by the county upon 27 25 completion of the work or obtain a lower fixed amount bid for 27 26 the work from another qualified person, other than a 27 27 governmental entity, and pay the fixed amount in this bid upon 27 28 completion of the work. The department is not required to 27 29 comply with certain established bidding procedures. Upon a 27 30 determination that the claim is eligible for payment, the 27 31 department must provide for payment of 100 percent of the 27 32 claim, but not more than $300,000 per claimant. If at any 27 33 time the department determines that there are insufficient 27 34 moneys to make payment of all claims, the department may order 27 35 that payment be deferred on specified claims. 28 1 LSB 1763YC 76 28 2 da/jw/5
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