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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. 103A.7A SWINE 1 5 CONFINEMENT FEEDING OPERATION STRUCTURES – MODEL 1 6 CODE. 1 7 The commissioner shall establish a model building 1 8 code for confinement swine feeding operation 1 9 structures required to obtain a license as provided in 1 10 section 455B.173, for use by counties in amending 1 11 their building codes. 1 12 Sec. 2. Section 137.6, Code 1995, is amended by 1 13 adding the following new subsection: 1 14 NEW SUBSECTION. 6. Monitor drinking water wells 1 15 which exist in close proximity to animal feeding 1 16 operations as provided by the state department 1 17 pursuant to section 455B.201. 1 18 Sec. 3. Section 204.5, unnumbered paragraph 1, 1 19 Code Supplement 1995, is amended to read as follows: 1 20 A county which has acquired real estate containing 1 21 aconfinement feeding operationmanure storage 1 22 structure or egg washwater storage structure, as 1 23 defined in section 455B.161, following the nonpayment 1 24 of taxes pursuant to section 446.19, may clean up the 1 25 site, including removing and disposing of manure at 1 26 any time. The county may seek reimbursement including 1 27 by bringing an action for the costs of the removal and 1 28 disposal from the person abandoning the real estate. 1 29 Sec. 4. Section 331.304, subsection 3, paragraph 1 30 b, Code 1995, is amended to read as follows: 1 31 b.AExcept as otherwise provided in this 1 32 paragraph, a county building code shall not apply to 1 33farmhouses, barns, outbuildings, or otherfarm1 34 buildings or structures which are primarily adapted 1 35 for use for an agriculturalpurposespurpose, while so 1 36 used or under construction for that use. The county 1 37 building code may apply to a confinement swine feeding 1 38 operation structure constructed or expanded on or 1 39 after the effective date of this Act, which is 1 40 required to obtain a construction permit as provided 1 41 in section 455B.173. 1 42 Sec. 5. NEW SECTION. 364.25 CONFINEMENT SWINE 1 43 FEEDING OPERATIONS. 1 44 A city may adopt an ordinance which prohibits the 1 45 construction or expansion of a confinement swine 1 46 feeding operation structure required to obtain a 1 47 construction permit pursuant to section 455B.173 from 1 48 being constructed or expanded after the effective date 1 49 of this Act in an area within two miles beyond the 1 50 limits of the city, regardless of whether a county 2 1 zoning ordinance exists or whether the city has 2 2 adopted an ordinance which extends its powers within 2 3 the area as provided in section 414.23. The ordinance 2 4 adopted by the city shall describe in general terms 2 5 the area in which the city is prohibiting construction 2 6 or expansion of the confinement swine feeding 2 7 operation or a confinement swine feeding operation 2 8 structure. 2 9 Sec. 6. Section 414.23, Code 1995, is amended to 2 10 read as follows: 2 11 414.23 EXTENDING BEYOND CITY LIMITS. 2 12 1. a. The powers granted by this chapter may be 2 13 extended by ordinance byanya city to the 2 14 unincorporated area up to two miles beyond the limits 2 15 ofsuchthe city, except forthose areasany part of 2 16 the area located within a county where a county zoning 2 17 ordinance exists. The ordinance adopted by the city 2 18 shall describe in general terms the area to be 2 19 included in the area subject to the city ordinance. 2 20The exemption from regulation granted by section 335.22 21to property used for agricultural purposes shall apply2 22to such unincorporated area.If the limits ofany2 23suchthe city are at any place less than four miles 2 24 distant from the limits of any other city which has 2 25 extended or thereafter extends its zoning jurisdiction 2 26 under this section, then at such time the powers 2 27hereingranted under this subsection shall extend to a 2 28 line equidistant between the limits ofsaidthe 2 29 cities. 2 30 b. Amunicipalitycity, during the time its zoning 2 31 jurisdiction is extended under thissection2 32 subsection, shall increase the size of its planning 2 33 and zoning commission and its board of adjustment each 2 34 by two members. The additional members shall be 2 35 residents of the area outside the city limits over 2 36 which the zoning jurisdiction is extended.TheyThe 2 37 additional members shall be appointed by the board of 2 38 supervisors of the county in whichsuchthe extended 2 39 area is located and for the same terms of office and 2 40 have the same rights, privileges, and duties as the 2 41 other members ofeach of saidthe respective bodies of 2 42 the additional members. 2 43 c. Property owners affected bysuchzoning 2 44 regulations adopted pursuant to this subsection shall 2 45 have the same rights of hearing, protest, and appeal 2 46 asthoseproperty owners residing within the 2 47municipalitycity exercisingthis powerthose rights. 2 48 d. Except as provided in subsection 2, the 2 49 exemption from regulation granted by section 335.2 to 2 50 property used for agricultural operations shall apply 3 1 to the unincorporated area over which the city is 3 2 exercising its power. 3 3 e.Whenever a county in which this power is being3 4exercised by a municipalityExcept as provided in 3 5 subsection 2, if a county adopts a county zoning 3 6 ordinance, the power exercised by themunicipality3 7 city and the specific regulations and districts 3 8thereunderestablished by the city under this 3 9 subsection shall be terminated within three months of 3 10 the establishment of the administrative authority for 3 11 county zoning, or at such date as mutually agreed upon 3 12 by themunicipalitycity and county. 3 13 2. A city may adopt an ordinance under this 3 14 chapter which prohibits the construction or expansion 3 15 of a confinement swine feeding operation structure 3 16 required to obtain a construction permit as provided 3 17 in section 455B.173, if the confinement swine feeding 3 18 operation structure is to be constructed or expanded 3 19 after the effective date of this Act, or which 3 20 regulates a confinement swine feeding operation 3 21 structure. The ordinance shall apply to the 3 22 unincorporated area where the city may exercise its 3 23 jurisdiction beyond the limits of the city pursuant to 3 24 section 414.23, regardless of whether a county zoning 3 25 ordinance exists, or whether an ordinance extends its 3 26 powers within the area under subsection 1. The 3 27 ordinance adopted by the city under this subsection 3 28 shall describe in general terms the area over which 3 29 the city is exercising its jurisdiction. 3 30 Sec. 7. Section 455B.161, subsection 1, paragraph 3 31 a, Code Supplement 1995, is amended to read as 3 32 follows: 3 33 a.A confinement feeding operation structure.An 3 34 earthen manure storage basin, formed manure storage 3 35 structure, egg washwater storage structure, or 3 36 confinement building. 3 37 Sec. 8. Section 455B.161, subsection 3, Code 3 38 Supplement 1995, is amended to read as follows: 3 39 3. a. "Animal feeding operation" means a lot, 3 40 yard, corral, building, or other area in which animals 3 41 are confined and fed and maintained for forty-five 3 42 days or more in any twelve-month period, and all 3 43 structures used for the storage of manure from animals 3 44 in the operation. 3 45 b. Two or more animal feeding operationsunder3 46common ownership or managementare deemed to be a 3 47 single animal feeding operationif they are adjacent3 48 as follows: 3 49 (1) If the animal feeding operations do not 3 50 include a confinement swine feeding operation, the 4 1 animal feeding operations must be both of the 4 2 following: 4 3 (a) Under common ownership or management. 4 4 (b) Adjacent or utilize a common system for manure 4 5 storage. 4 6 (2) If the animal feeding operations include a 4 7 confinement swine feeding operation, either of the 4 8 following must apply to the animal feeding operations: 4 9 (a) They must utilize a common system for manure 4 10 storage. 4 11 (b) They must be separated by more than two 4 12 thousand five hundred feet, unless the combined animal 4 13 weight capacity of the animal feeding operations is 4 14 two hundred thousand pounds or less. 4 15 c. An animal feeding operation does not include a 4 16 livestock market. 4 17 Sec. 9. Section 455B.161, subsection 4, Code 4 18 Supplement 1995, is amended to read as follows: 4 19 4. "Animal feeding operation structure" means an 4 20 anaerobic lagoon, earthen manure storage basin, formed 4 21 manure storage structure, egg washwater storage 4 22 structure, or confinementfeeding operation structure4 23 building. 4 24 Sec. 10. Section 455B.161, subsection 9, Code 4 25 Supplement 1995, is amended by striking the 4 26 subsection. 4 27 Sec. 11. Section 455B.161, Code Supplement 1995, 4 28 is amended by adding the following new subsections: 4 29 NEW SUBSECTION. 9A. "Confinement swine feeding 4 30 operation" means a confinement feeding operation in 4 31 which swine are confined and fed. 4 32 NEW SUBSECTION. 9B. "Confinement swine feeding 4 33 operation structure" means a confinement building or a 4 34 formed swine manure storage structure. 4 35 Sec. 12. Section 455B.161, subsection 14, Code 4 36 Supplement 1995, is amended to read as follows: 4 37 14. "Formed manure storage structure" means a 4 38 manure storage structure, either covered or uncovered, 4 39 used to store manure from a confinement feeding 4 40 operation, which has walls and a floor constructed of 4 41 poured concrete, concrete block, wood, steel, or 4 42 similar materials. 4 43 Sec. 13. Section 455B.161, Code Supplement 1995, 4 44 is amended by adding the following new subsections: 4 45 NEW SUBSECTION. 14A. "Formed swine manure storage 4 46 structure" means a formed manure storage structure 4 47 used to store swine manure, which has walls and a 4 48 floor constructed of poured concrete. 4 49 NEW SUBSECTION. 16A. "Manure storage structure" 4 50 means any structure used to store manure from an 5 1 animal feeding operation, including an anaerobic 5 2 lagoon, earthen manure storage basin, or formed manure 5 3 storage structure. 5 4 Sec. 14. Section 455B.162, unnumbered paragraph 1, 5 5 Code Supplement 1995, is amended to read as follows: 5 6 1.TheExcept as provided in subsection 1A, the 5 7 following shall apply to animal feeding operation 5 8 structures constructed on or after May 31, 1995; to 5 9 the expansion of structures constructed on or after 5 10 May 31, 1995; or, except as provided in section 5 11 455B.163, to the expansion of structures constructed 5 12 prior to May 31, 1995: 5 13 Sec. 15. Section 455B.162, subsection 1, 5 14 unnumbered paragraph 1, Code Supplement 1995, is 5 15 amended by striking the unnumbered paragraph. 5 16 Sec. 16. Section 455B.162, Code Supplement 1995, 5 17 is amended by adding the following new subsection: 5 18 NEW SUBSECTION. 1A. The following shall apply to 5 19 confinement swine feeding operation structures 5 20 constructed on or after the effective date of this 5 21 Act, if the confinement swine feeding operations are 5 22 established on or after the effective date of this 5 23 Act: 5 24 a. The following table represents the minimum 5 25 separation distance in feet required between a 5 26 confinement swine feeding operation structure and a 5 27 residence not owned by the owner of the confinement 5 28 swine feeding operation, or a commercial enterprise, 5 29 bona fide religious institution, or an educational 5 30 institution: 5 31 Minimum Minimum Minimum 5 32 separation separation separation 5 33 distance distance distance 5 34 in feet in feet in feet 5 35 for for for 5 36 operations operations operations 5 37 having an having an having an 5 38 animal weight animal weight animal weight 5 39 capacity of capacity of capacity of 5 40 less than 625,000 or 1,250,000 or 5 41 625,000 more pounds more pounds 5 42 pounds but less than 5 43 1,250,000 5 44 pounds 5 45 Type of 5 46 structure 5 47 5 48 Uncovered 5 49 formed 5 50 manure 6 1 storage 6 2 structure 2,250 2,750 3,250 6 3 Covered 6 4 formed 6 5 manure 6 6 storage 6 7 structure 1,900 2,250 2,750 6 8 b. The following table represents the minimum 6 9 separation distance in feet required between 6 10 confinement swine feeding operation structures and a 6 11 public use area or a residence not owned by the owner 6 12 of the confinement swine feeding operation, a 6 13 commercial enterprise, a bona fide religious 6 14 institution, or an educational institution located 6 15 within the corporate limits of a city: 6 16 Minimum Minimum Minimum 6 17 separation separation separation 6 18 distance distance distance 6 19 in feet in feet in feet 6 20 for for for 6 21 operations operations operations 6 22 having an having an having an 6 23 animal weight animal weight animal weight 6 24 weight capacity of capacity of 6 25 capacity of 625,000 or 1,250,000 or 6 26 less than more pounds more pounds 6 27 625,000 but less than 6 28 pounds 1,250,000 6 29 pounds 6 30 Type of 6 31 structure 6 32 6 33 Confinement 6 34 swine 6 35 feeding 6 36 operation 6 37 structure 2,500 3,025 3,750 6 38 Sec. 17. Section 455B.165, subsections 1, 2, and 6 39 4, Code Supplement 1995, are amended to read as 6 40 follows: 6 41 1.A confinementAn animal feeding operation 6 42 structure, other than an anaerobic lagoon, which 6 43 provides for the storage of manure exclusively in a 6 44 dry form. 6 45 2.A confinementAn animal feeding operation 6 46 structure, other than an anaerobic lagoon or earthen 6 47 manure storage basin, if the structure is part of a 6 48 confinement feeding operation which qualifies as a 6 49 small animal feeding operation. 6 504. An animal feeding operation which is7 1constructed or expanded within the corporate limits of7 2a city, or the area within a separation distance7 3required pursuant to this part, if the city approves a7 4waiver which shall be memorialized in writing. The7 5written waiver becomes effective only upon recording7 6the waiver in the office of the recorder of deeds of7 7the county in which the benefited land is located.7 8The filed waiver shall preclude enforcement by the7 9state of this part as it relates to the animal feeding7 10operation structure. However, this subsection shall7 11not affect a separation distance required between7 12residences, educational institutions, commercial7 13enterprises, bona fide religious institutions, or7 14public use areas, as provided in this part.7 15 4. A city which adopts an ordinance on or after 7 16 the effective date of this Act which prohibits the 7 17 construction or expansion of a confinement feeding 7 18 operation structure or which provides a different 7 19 separation distance requirement than provided for in 7 20 section 455B.162. The ordinance may apply within the 7 21 corporate limits of the city, or within the area where 7 22 the city may exercise its jurisdiction beyond the 7 23 corporate limits of the city as provided in section 7 24 364.25 or 414.23. 7 25 Sec. 18. Section 455B.171, subsection 2, Code 7 26 Supplement 1995, is amended to read as follows: 7 27 2. a. "Animal feeding operation" means a lot, 7 28 yard, corral, building, or other area in which animals 7 29 are confined and fed and maintained for forty-five 7 30 days or more in any twelve-month period, and all 7 31 structures used for the storage of manure from animals 7 32 in the animal feeding operation. 7 33 b. Two or more animal feeding operationsunder7 34common ownership or managementare deemed to be a 7 35 single animal feeding operationif they are adjacent7 36 as follows: 7 37 (1) If the animal feeding operations do not 7 38 include a confinement swine feeding operation, the 7 39 animal feeding operations must be both of the 7 40 following: 7 41 (a) Under common ownership or management. 7 42 (b) Adjacent or utilize a common area or system 7 43 for manure disposal. 7 44 (2) If the animal feeding operations include a 7 45 confinement swine feeding operation, either of the 7 46 following must apply to the animal feeding operations: 7 47 (a) They must utilize a common system or area for 7 48 manure storage. 7 49 (b) They must be separated by more than two 7 50 thousand five hundred feet, unless the combined animal 8 1 weight capacity of the animal feeding operations is 8 2 two hundred thousand pounds or less. 8 3 c. An animal feeding operation does not include a 8 4 livestock market as defined in section 455B.161. 8 5 Sec. 19. Section 455B.171, Code Supplement 1995, 8 6 is amended by adding the following new subsections: 8 7 NEW SUBSECTION. 4A. "Confinement swine feeding 8 8 operation" means the same as defined in section 8 9 455B.161. 8 10 NEW SUBSECTION. 4B. "Confinement swine feeding 8 11 operation structure" means the same as defined in 8 12 section 455B.161. 8 13 NEW SUBSECTION. 9A. "Formed manure storage 8 14 structure" means the same as defined in section 8 15 455B.161. 8 16 NEW SUBSECTION. 9B. "Formed swine manure storage 8 17 structure" means the same as defined in section 8 18 455B.161. 8 19 NEW SUBSECTION. 12A. "Manure storage structure" 8 20 means the same as defined in section 455B.161. 8 21 Sec. 20. Section 455B.173, subsection 13, Code 8 22 Supplement 1995, is amended to read as follows: 8 23 13. a. Adopt, modify, or repeal rules relating to 8 24 the construction or operation of animal feeding 8 25 operations. The rules shall include, but are not 8 26 limited to, minimum manure control requirements, 8 27 requirements for obtaining permits, and departmental 8 28 evaluations of animal feeding operations. The 8 29 department shall require that a person obtain a permit 8 30 for the construction of a confinement swine feeding 8 31 operation structure. The department shall approve or 8 32 disapprove a permit for a confinement swine feeding 8 33 operation structure based upon the most current 8 34 available standards for the construction of structures 8 35 of a similar size. However, the department shall not 8 36 require that a person obtain a permit for the 8 37 construction of an animal feeding operation structure, 8 38 if the structure is part of a small animal feeding 8 39 operation. 8 40 b. The department shall collect an indemnity fee 8 41 as provided in section 204.3 prior to the issuance of 8 42 a construction permit. The department shall deposit 8 43 moneys collected from indemnity fees in the manure 8 44 storage indemnity fund created in section 204.2. 8 45 c. The department shall not approve a permit for 8 46 the construction of a confinement swine feeding 8 47 operation structure or three or more other animal 8 48 feeding operation structures, unless the applicant 8 49 files a statement approved by a professional engineer 8 50 registered pursuant to chapter 542B certifying that 9 1 the construction of theanimal feeding operation9 2 structure will not impede the drainage through 9 3 established drainage tile lines which cross property 9 4 boundary lines unless measures are taken to 9 5 reestablish the drainage prior to completion of 9 6 construction.The department shall deposit moneys9 7collected in indemnity fees in the manure storage9 8indemnity fund created in section 204.2.The permit 9 9 for a confinement swine feeding operation structure 9 10 shall be conditional upon the removal of any drainage 9 11 tile located within fifty feet of the structure prior 9 12 to its operation, according to rules adopted by the 9 13 department, which shall provide for the removal, 9 14 capping, and rerouting of the drainage tile. 9 15 d. The department shall issue a permit for an 9 16 animal feeding operation, if an application is 9 17 submitted according to procedures required by the 9 18 department, and the application meets standards 9 19 established by the department, regardless of whether 9 20 the animal feeding operation is required to obtain 9 21 such a permit. An applicant for a construction permit 9 22 shall not begin construction at the location of a site 9 23 planned for the construction of an animal feeding 9 24 operation structure, until the person has been granted 9 25 a permit for the construction of the structure by the 9 26 department. The department shall make a determination 9 27 regarding the approval or denial of a permit within 9 28 sixty days from the date that the department receives 9 29 a completed application for a permit. However, the 9 30 sixty-day requirement shall not apply to an 9 31 application, if the applicant is not required to 9 32 obtain a permit in order to construct an animal 9 33 feeding operation structure or to operate an animal 9 34 feeding operation. The department shall deliver a 9 35 copy or require the applicant to deliver a copy of the 9 36 application for a construction permit and the 9 37 applicant's manure management plan as provided in 9 38 section 455B.203, for a confinement swine feeding 9 39 operation, to the county board of supervisors in the 9 40 county where the confinement feeding operation or 9 41confinementrelated animal feeding operation structure 9 42 subject to the permit is to be located. The board may 9 43 file the application and the manure management plan 9 44 for a confinement swine feeding operation with the 9 45 county recorder, and require that the applicant submit 9 46 a filing fee. The department shall not approve the 9 47 application or issue a construction permit for an 9 48 animal feeding operation structure until thirty days 9 49 following delivery of the application to the county 9 50 board of supervisors. If the construction permit is 10 1 for an animal feeding operation structure for which a 10 2 construction permit is required, the county may submit 10 3 comments to the department regarding compliance by the 10 4 applicant with the legal requirements for the 10 5 construction of the animal feeding operation structure 10 6 as provided in this chapter, and rules adopted by the 10 7 department pursuant to this chapter. The department 10 8 shall consider comments from the county board of 10 9 supervisors,regarding compliance by the applicant10 10with the legal requirements for the construction of10 11the confinement feeding operation structure as10 12provided in this chapter, and rules adopted by the10 13department pursuant to this chapter,if the comments 10 14 are delivered to the department within fourteen days 10 15 after receipt of the application by the county board 10 16 of supervisors. However, if the construction permit 10 17 is for a confinement swine feeding operation 10 18 structure, the department shall not issue the permit, 10 19 if the county board of supervisors submits an 10 20 objection to the department within thirty days after 10 21 receipt of the application by the county board of 10 22 supervisors. The objection must be based upon a 10 23 threat to environmental quality or the public health 10 24 that the board determines may be caused by the 10 25 location or design of the confinement swine feeding 10 26 operation structure. 10 27 e. Prior to granting a permit to a person for the 10 28 construction of an animal feeding operation, the 10 29 department may require the installation and operation 10 30 of a hydrological monitoring system for an exclusively 10 31 earthen manure storage structure, if, after an on-site 10 32 inspection, the department determines that the site 10 33 presents an extraordinary potential for groundwater 10 34 pollution. The department shall require the 10 35 installation and operation of a hydrological 10 36 monitoring system for a manure storage structure which 10 37 is part of a confinement feeding operation prior to 10 38 issuing a permit to the confinement feeding operation, 10 39 unless after an on-site inspection, the department 10 40 determines that no potential for groundwater pollution 10 41 exists. 10 42 f. A person shall not obtain a permit for the 10 43 construction of a confinement feeding operation, 10 44 unless the person develops a manure management plan as 10 45 provided in section 455B.203. 10 46 g. During each major stage of construction, the 10 47 department shall conduct an inspection of the 10 48 confinement swine feeding operation structure subject 10 49 to a permit required to be approved by the department, 10 50 in order to ensure that a confinement swine feeding 11 1 operation structure is being constructed according to 11 2 design requirements approved by the department. A 11 3 confinement swine feeding operation structure shall 11 4 not operate unless the department conducts a final 11 5 inspection and certifies that the confinement swine 11 6 feeding operation structure is constructed according 11 7 to requirements approved by the department. 11 8 h. The department shall not issue a permit to a 11 9 person under this subsection if an enforcement action 11 10 by the department, relating to a violation of this 11 11 chapter concerning a confinement feeding operation in 11 12 which the person has an interest, is pending. The 11 13 department shall not issue a permit to a person under 11 14 this subsection for five years after the date of the 11 15 last violation committed by a person or confinement 11 16 feeding operation in which the person holds a 11 17 controlling interest during which the person or 11 18 operation was classified as a habitual violator under 11 19 section 455B.191. The department shall conduct an 11 20 annualreviewinspection of each confinement feeding 11 21 operation which is a habitual violator and each 11 22 confinement feeding operation in which a habitual 11 23 violator holds a controlling interest. The department 11 24 shall notify persons classified as habitual violators 11 25 of their classification, additional restrictions 11 26 imposed upon the persons pursuant to the 11 27 classification, and special civil penalties that may 11 28 be imposed upon the persons. The notice shall be sent 11 29 to the persons by certified mail. 11 30 Sec. 21. Section 455B.191, subsection 7, 11 31 paragraphs a through d, Code Supplement 1995, are 11 32 amended to read as follows: 11 33 a. The construction or operation ofa confinement11 34 an animal feeding operation structureor anaerobic11 35lagoonwhich is part of a confinement feeding 11 36 operation, or the installation or use of a related 11 37 pollution control device or practice, for which the 11 38 person must obtain a permit, in violation of this 11 39 chapter, or rules adopted by the department, including 11 40 the terms or conditions of the permit. 11 41 b. Intentionally making a false statement or 11 42 misrepresenting information to the department as part 11 43 of an application for a construction permit fora11 44confinementan animal feeding operation structureor11 45anaerobic lagoonwhich is part of a confinement 11 46 feeding operation, or the installation of a related 11 47 pollution control device or practice for which the 11 48 person must obtain a construction permit. 11 49 c. Failing to obtain a permit or approval by the 11 50 department in violation of this chapter or 12 1 departmental rule which requires a permit to construct 12 2 or operate a confinement feeding operation or usea12 3confinementan animal feeding operation structure,12 4anaerobic lagoon,or a pollution control device or 12 5 practice which is part of a confinement feeding 12 6 operation. 12 7 d. Operating a confinement feeding operation, 12 8 includinga confinementan animal feeding operation 12 9 structureor anaerobic lagoonwhich is part of a 12 10 confinement feeding operation, or a related pollution 12 11 control device or practice, which causes pollution to 12 12 the waters of the state, if the pollution was caused 12 13 intentionally, or caused by a failure to take measures 12 14 required to abate the pollution which resulted from an 12 15 act of God. 12 16 Sec. 22. Section 455B.191, subsection 7, Code 12 17 Supplement 1995, is amended by adding the following 12 18 new paragraph: 12 19 NEW PARAGRAPH. f. To apply manure subject to a 12 20 manure management plan in violation of the plan, if 12 21 another manure management plan provides for the 12 22 application of manure on the same land. 12 23 Sec. 23. Section 455B.201, subsection 4, Code 12 24 Supplement 1995, is amended to read as follows: 12 25 4. A person shall not apply manure by spray 12 26 irrigation equipment, except as provided by rules12 27which shall be adopted by the department pursuant to12 28chapter 17A. 12 29 Sec. 24. Section 455B.201, Code Supplement 1995, 12 30 is amended by adding the following new subsections: 12 31 NEW SUBSECTION. 5. On and after the effective 12 32 date of this Act, a person shall not construct a 12 33 manure storage structure which is part of a 12 34 confinement swine feeding operation unless the manure 12 35 storage structure is a formed swine manure storage 12 36 structure. 12 37 NEW SUBSECTION. 6. The department shall provide 12 38 for the installation and operation of a hydrological 12 39 monitoring system for a manure storage structure which 12 40 is part of a confinement feeding operation structure, 12 41 unless after an on-site inspection, the department 12 42 determines that the site presents no potential for 12 43 groundwater pollution. 12 44 NEW SUBSECTION. 7. The department shall do all of 12 45 the following: 12 46 a. Cooperate with the Iowa department of public 12 47 health in regularly monitoring drinking water wells 12 48 which are located in close proximity to animal feeding 12 49 operations. The monitoring may be performed by 12 50 employees of a county board of health in the county 13 1 where a drinking water well is located and reported to 13 2 the department of natural resources as provided by the 13 3 Iowa department of public health. 13 4 b. Regularly inspect and evaluate the structural 13 5 integrity of manure storage structures which are part 13 6 of confinement swine feeding operations. The 13 7 department shall annually inspect and evaluate not 13 8 less than ten percent of all anaerobic lagoons and 13 9 earthen manure storage basins which are part of those 13 10 operations and for which a construction permit has 13 11 been issued by the department. 13 12 NEW SUBSECTION. 8. Drainage tile shall not be 13 13 located within fifty feet from a manure storage 13 14 structure which is part of a confinement swine feeding 13 15 operation. The department shall adopt rules for the 13 16 inspection, removal, capping, and rerouting of the 13 17 drainage tile. The owner of a confinement swine 13 18 feeding operation shall comply with this subsection 13 19 not later than July 1, 1998. 13 20 Sec. 25. Section 455B.203, subsection 2, paragraph 13 21 a, Code Supplement 1995, is amended to read as 13 22 follows: 13 23 a. Calculations necessary to determine the land 13 24 area required for the application of manure from a 13 25 confinement feeding operationbased on nitrogen use13 26levelsin order to obtain optimum crop yields 13 27 according to a crop schedule specified in the plan, 13 28 and according to requirements adopted by the 13 29 department, as follows: 13 30 (1) If the manure is produced from a confinement 13 31 feeding operation other than a confinement swine 13 32 feeding operation, the calculations shall be based on 13 33 nitrogen use levels. 13 34 (2) If the manure is produced from a confinement 13 35 swine feeding operation, the calculations shall be 13 36 based on phosphorus use levels. 13 37 The department shall adopt calculations required 13 38 under this paragraph "a" after receiving 13 39 recommendations from the animal agriculture consulting 13 40 organization provided for in 1995 Iowa Acts, chapter 13 41 195, section 37. 13 42 Sec. 26. Section 455B.203, subsection 2, Code 13 43 Supplement 1995, is amended by adding the following 13 44 new paragraph: 13 45 NEW PARAGRAPH. h. A written record describing 13 46 actions taken to determine the existence of drainage 13 47 tile lines, including the findings, and actions taken 13 48 to comply with permit requirements in section 13 49 455B.173, and minimum manure control requirements 13 50 provided in section 455B.201. 14 1 Sec. 27. Section 455B.203, Code Supplement 1995, 14 2 is amended by adding the following new subsection: 14 3 NEW SUBSECTION. 2A. A person required to submit a 14 4 manure management plan shall not apply manure on the 14 5 land other than as provided in the manure management 14 6 plan. 14 7 Sec. 28. Section 455B.204, subsection 1, 14 8 unnumbered paragraph 1, Code Supplement 1995, is 14 9 amended to read as follows: 14 10 An animal feeding operation structure shall not be 14 11located at leastconstructed or expanded less than 14 12 five hundred feet away from the surface intake of an 14 13 agricultural drainage well or known sinkhole, andat14 14leastnot less than two hundred feet away from a lake, 14 15 river, or stream located within the territorial limits 14 16 of the state, any marginal river area adjacent to the 14 17 state, which can support a floating vessel capable of 14 18 carrying one or more persons during a total of a six- 14 19 month period in one out of ten years, excluding 14 20 periods of flooding. However,noa distance 14 21 separation is not required between a location or 14 22 object and a farm pond or privately owned lake, as 14 23 defined in section 462A.2. A confinement swine 14 24 feeding operation structure shall not be constructed 14 25 or expanded less than five hundred feet away from a 14 26 drinking water well. 14 27 Sec. 29. Section 657.1, Code Supplement 1995, is 14 28 amended to read as follows: 14 29 657.1 NUISANCE – WHAT CONSTITUTES – ACTION TO 14 30 ABATE. 14 31 Whatever is injurious to health, indecent, or 14 32unreasonablyoffensive to the senses, or an 14 33 obstruction to the free use of property, so as 14 34 essentially to unreasonably interfere with the 14 35 comfortable enjoyment of life or property, is a 14 36 nuisance, and a civil action by ordinary proceedings 14 37 may be brought to enjoin and abate the same and to 14 38 recover damages sustained on account thereof. 14 39 Sec. 30. Section 657.2, subsection 1, Code 14 40 Supplement 1995, is amended to read as follows: 14 41 1. The erecting, continuing, or using any building 14 42 or other place for the exercise of any trade, 14 43 employment, or manufacture, which, by occasioning 14 44 noxious exhalations,unreasonablyoffensive smells, or 14 45 other annoyances, becomes injurious and dangerous to 14 46 the health, comfort, or property of individuals or the 14 47 public. 14 48 Sec. 31. APPLICABILITY. Notwithstanding contrary 14 49 provisions of this Act, and except as provided in 14 50 section 455B.163, as enacted by 1995 Iowa Acts, 15 1 chapter 195, section 17, with regard to the continued 15 2 operation of animal feeding operations constructed 15 3 prior to May 31, 1995, or the expansion of structures 15 4 constructed prior to May 31, 1995, the provisions of 15 5 section 455B.162, subsection 1, paragraph "a", and 15 6 paragraph "b", Code Supplement 1995, as enacted by 15 7 1995 Iowa Acts, chapter 195, section 16, shall 15 8 continue to apply to animal feeding operation 15 9 structures as defined in section 455B.161, subsection 15 10 4, Code Supplement 1995, as enacted by 1995 Iowa Acts, 15 11 chapter 195, section 15, if constructed or expanded on 15 12 or after May 31, 1995, but prior to the effective date 15 13 of this Act. 15 14 Sec. 32. DEPARTMENT OF NATURAL RESOURCES RULES 15 15 REQUIRED. The department of natural resources shall 15 16 adopt as rules recommended manure application 15 17 practices as provided in 567 IAC 65.2(1), to apply to 15 18 confinement swine feeding operations, unless 15 19 inconsistent with statute or rules required to 15 20 implement this Act. 15 21 Sec. 33. REPEAL OF NUISANCE SUIT RESTRICTION. 15 22 Section 657.11, Code Supplement 1995, is repealed. 15 23 Sec. 34. EFFECTIVE DATE. This Act, being deemed 15 24 of immediate importance, takes effect upon enactment." 15 25 15 26 15 27 15 28 MARY A. LUNDBY 15 29 SF 2037.305 76 15 30 da/cf
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