Text: S05167 Text: S05169 Text: S05100 - S05199 Text: S Index Bills and Amendments: General Index Bill History: General Index
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PAG LIN 1 1 Amend Senate File 2037 as follows: 1 2 #1. By striking everything after the enacting 1 3 clause and inserting the following: 1 4 "Section 1. NEW SECTION. 331.309 AGRICULTURAL 1 5 DRAINAGE WELLS – PENALTY. 1 6 1. The owner of land shall do all of the following 1 7 by July 1, 1998: 1 8 a. If the land contains a surface water intake 1 9 emptying into an agricultural drainage well, including 1 10 a surface water intake located in a road ditch, the 1 11 owner shall remove the surface water intake by July 1, 1 12 1998. This surface-water-intake removal requirement 1 13 does not require a person to remove or prohibit a 1 14 person from installing a tile line that empties into 1 15 an agricultural drainage well, if the tile line does 1 16 not have a surface water intake. 1 17 b. If the land contains a cistern connecting to an 1 18 agricultural drainage well, the owner shall construct 1 19 and maintain sidewalls surrounding the cistern in 1 20 order to prevent surface water runoff directly 1 21 emptying into the agricultural drainage well. 1 22 c. If the land contains an agricultural drainage 1 23 well, the owner shall install a vented cover over the 1 24 agricultural drainage well in order to prevent surface 1 25 water runoff directly emptying into the agricultural 1 26 drainage well. 1 27 2. A county may adopt minimum standards to 1 28 administer the requirements of this section. The 1 29 department of natural resources shall provide 1 30 information relating to owners registering 1 31 agricultural drainage wells pursuant to section 159.29 1 32 to each county board of supervisors and each drainage 1 33 district organized pursuant to chapter 468, where an 1 34 agricultural drainage well is registered. 1 35 3. Landowners of land where an agricultural 1 36 drainage well is located shall be notified of the 1 37 deadline for complying with this section by print, 1 38 electronic media, or other notification process, as 1 39 follows: 1 40 a. If the agricultural drainage well is not 1 41 located on land within a drainage district as provided 1 42 in chapter 468, the county shall provide the notice. 1 43 b. If the agricultural drainage well is located on 1 44 land within a drainage district as provided in chapter 1 45 468, the board of the drainage district shall provide 1 46 the notice, unless the county and the district 1 47 determine that notice will be provided by the county. 1 48 4. A surface tile emptying into an agricultural 1 49 drainage well shall be inspected to ensure compliance 1 50 with this section, as follows: 2 1 a. If the agricultural drainage well is not within 2 2 a drainage district as provided in chapter 468, the 2 3 inspection shall be made as required by the county 2 4 board of supervisors. 2 5 b. If the agricultural drainage well is located on 2 6 land which is within a drainage district as provided 2 7 in chapter 468, the inspection shall be made as 2 8 required by the board of the drainage district, unless 2 9 the county and the district determine that inspection 2 10 will be made by the county. 2 11 The expenses incurred by the board of supervisors 2 12 for notification, inspection, and recordation shall be 2 13 paid equally by landowners in the county who own land 2 14 where there is located an agricultural drainage well. 2 15 The amount shall be placed upon the tax books, and 2 16 collected with interest and penalties after due, in 2 17 the same manner as other unpaid property taxes. 2 18 However, if expenses are incurred by the board of the 2 19 drainage district, the amount shall be charged to the 2 20 landowners in the district. 2 21 5. A person who does not comply with this section 2 22 is guilty of a simple misdemeanor. However, if a 2 23 person was guilty of violating this section and again 2 24 violates this section by not taking action necessary 2 25 to correct a previous violation within sixty days 2 26 after judgment is entered, the person is guilty of a 2 27 serious misdemeanor. If a person was guilty of 2 28 violating this section two or more times and again 2 29 violates this section by not taking action necessary 2 30 to correct a previous violation within sixty days 2 31 after the last judgment is entered, the person is 2 32 guilty of an aggravated misdemeanor. 2 33 Sec. 2. Section 455B.173, subsection 13, Code 2 34 Supplement 1995, is amended to read as follows: 2 35 13. a. Adopt, modify, or repeal rules relating to 2 36 the construction or operation of animal feeding 2 37 operations. The rules shall include, but are not 2 38 limited to, minimum manure control requirements, 2 39 requirements for obtaining permits, and departmental 2 40 evaluations of animal feeding operations. The 2 41 department shall not require that a person obtain a 2 42 permit for the construction of an animal feeding 2 43 operation structure, if the structure is part of a 2 44 small animal feeding operation. 2 45 b. The department shall collect an indemnity fee 2 46 as provided in section 204.3 prior to the issuance of 2 47 a construction permit. The department shall deposit 2 48 moneys collected in indemnity fees in the manure 2 49 storage indemnity fund created in section 204.2. 2 50 c. The department shall not approve a permit for 3 1 the construction of three or more animal feeding 3 2 operation structures unless the applicant files a 3 3 statement approved by a professional engineer 3 4 registered pursuant to chapter 542B certifying that 3 5 the construction of the animal feeding operation 3 6 structure will not impede the drainage through 3 7 established drainage tile lines which cross property 3 8 boundary lines unless measures are taken to 3 9 reestablish the drainage prior to completion of 3 10 construction.The department shall deposit moneys3 11collected in indemnity fees in the manure storage3 12indemnity fund created in section 204.2.3 13 d. The department shall issue a permit for an 3 14 animal feeding operation, if an application is 3 15 submitted according to procedures required by the 3 16 department according to this section, and the 3 17 application meets standards established by the 3 18 department, regardless of whether the animal feeding 3 19 operation is required to obtain such a permit. An 3 20 applicant for a construction permit shall not begin 3 21 construction at the location of a site planned for the 3 22 construction of an animal feeding operation structure, 3 23 until the person has been granted a permit for the 3 24 construction of the structure by the department. 3 25 e. The department shall make a determination 3 26 regarding the approval or denial of a permit within 3 27 sixty days from the date that the department receives 3 28 a completed application forathe approval of the 3 29 permit, as provided in this paragraph. However, the 3 30 sixty-day requirement shall not apply to an 3 31 application, if the applicant is not required to 3 32 obtain a permit in order to construct an animal 3 33 feeding operation structure or to operate an animal 3 34 feeding operation. The department shall deliver a 3 35 copy or require the applicant to deliver a copy of the 3 36 application for a construction permit to the county 3 37 board of supervisors in the county where the 3 38 confinement feeding operation orconfinementanimal 3 39 feeding operation structure subject to the permit is 3 40 to be located. Upon receipt of an application for 3 41 departmental approval under this section, the 3 42 department shall determine if the application complies 3 43 with all permit requirements. The process of 3 44 approving or disapproving a permit shall be as 3 45 follows: 3 46 (1) If the total animal weight capacity of all 3 47 permitted confinement feeding operations in the county 3 48 is less than fifty million pounds, the department 3 49 shall not approve the application or issue a 3 50 construction permit until thirty days following 4 1 delivery of the application to the county board of 4 2 supervisors. The department shall consider comments 4 3 from the county board of supervisors, regarding 4 4 compliance by the applicant with the legal 4 5 requirements for the construction of the confinement 4 6 feeding operation structure as provided in this 4 7 chapter, and rules adopted by the department pursuant 4 8 to this chapter, if the comments are delivered to the 4 9 department within fourteen days after receipt of the 4 10 application by the county board of supervisors. 4 11 (2) If the total animal weight capacity of all 4 12 permitted confinement feeding operations in the county 4 13 is fifty million pounds or more, the department shall 4 14 not approve the application or issue a construction 4 15 permit until the county has approved the application. 4 16 The county shall receive the application from the 4 17 applicant or the department as required by the 4 18 department. Within sixty days after receipt of the 4 19 application by the county board of supervisors, the 4 20 board shall either approve or disapprove the 4 21 application; endorse its approval or disapproval on 4 22 the application; and forward the application to the 4 23 department as required by the department. An 4 24 application which is not received by the department in 4 25 a timely manner shall be deemed to be approved by the 4 26 department. 4 27 f. Prior to granting a permit to a person for the 4 28 construction of an animal feeding operation, the 4 29 department may require the installation and operation 4 30 of a hydrological monitoring system for an exclusively 4 31 earthen manure storage structure, if, after an on-site 4 32 inspection, the department determines that the site 4 33 presents an extraordinary potential for groundwater 4 34 pollution. 4 35 g. A person shall not obtain a permit for the 4 36 construction of a confinement feeding operation, 4 37 unless the person develops a manure management plan as 4 38 provided in section 455B.203. 4 39 h. The department shall not issue a permit to a 4 40 person under this subsection if an enforcement action 4 41 by the department, relating to a violation of this 4 42 chapter concerning a confinement feeding operation in 4 43 which the person has an interest, is pending. The 4 44 department shall not issue a permit to a person under 4 45 this subsection for five years after the date of the 4 46 last violation committed by a person or confinement 4 47 feeding operation in which the person holds a 4 48 controlling interest during which the person or 4 49 operation was classified as a habitual violator under 4 50 section 455B.191. The department shall conduct an 5 1 annual review of each confinement feeding operation 5 2 which is a habitual violator and each confinement 5 3 feeding operation in which a habitual violator holds a 5 4 controlling interest. The department shall notify 5 5 persons classified as habitual violators of their 5 6 classification, additional restrictions imposed upon 5 7 the persons pursuant to the classification, and 5 8 special civil penalties that may be imposed upon the 5 9 persons. The notice shall be sent to the persons by 5 10 certified mail. 5 11 Sec. 3. Section 455B.201, subsection 4, Code 5 12 Supplement 1995, is amended by adding the following 5 13 new subsection: 5 14 4. A person shall not use spray irrigation 5 15 equipment to apply manure on land from which water 5 16 drains into an agricultural drainage well. A person 5 17 shall not otherwise apply manure by spray irrigation 5 18 equipment, except as provided by rules which shall be 5 19 adopted by the department pursuant to chapter 17A. 5 20 Sec. 4. Section 455B.203, subsection 1, Code 5 21 Supplement 1995, is amended to read as follows: 5 22 1.In order to receive a permit for the5 23construction of aA person constructing an animal 5 24 feeding operation structure which is part of a 5 25 confinement feeding operation,as provided in section5 26455B.173other than a small animal feeding operation, 5 27a personshall submit a manure management plan to the 5 28 department. If the person is required to obtain a 5 29 construction permit for a confinement feeding 5 30 operation as provided in section 455B.173, the person 5 31 shall submit the manure management plan together with 5 32 the application for a construction permit. If the 5 33 person is not required to obtain a construction 5 34 permit, the person shall submit the manure management 5 35 plan prior to construction." 5 36 #2. Title page, by striking lines 2 and 3 and 5 37 inserting the following: "drainage, construction 5 38 permits, and manure management plans". 5 39 #3. By renumbering as necessary. 5 40 5 41 5 42 5 43 STEWART IVERSON, Jr. 5 44 SF 2037.304 76 5 45 da/cf
Text: S05167 Text: S05169 Text: S05100 - S05199 Text: S Index Bills and Amendments: General Index Bill History: General Index
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