Iowa General Assembly Banner


Text: S05203                            Text: S05205
Text: S05200 - S05299                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

Get Version To Print

Senate Amendment 5204

Amendment Text

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 a confinement feeding operation manure 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.  A Except as otherwise provided in this
  1 32 paragraph, a county building code shall not apply to
  1 33 farm houses, barns, outbuildings, or other farm
  1 34 buildings or structures which are primarily adapted
  1 35 for use for an agricultural purposes purpose, 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 by any a city to the
  2 14 unincorporated area up to two miles beyond the limits
  2 15 of such the city, except for those areas any 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 20 The exemption from regulation granted by section 335.2
  2 21 to property used for agricultural purposes shall apply
  2 22 to such unincorporated area.  If the limits of any
  2 23 such the 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 27 herein granted under this subsection shall extend to a
  2 28 line equidistant between the limits of said the
  2 29 cities.
  2 30    b.  A municipality city, during the time its zoning
  2 31 jurisdiction is extended under this section
  2 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.  They The
  2 37 additional members shall be appointed by the board of
  2 38 supervisors of the county in which such the 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 of each of said the respective bodies of
  2 42 the additional members.
  2 43    c.  Property owners affected by such zoning
  2 44 regulations adopted pursuant to this subsection shall
  2 45 have the same rights of hearing, protest, and appeal
  2 46 as those property owners residing within the
  2 47 municipality city exercising this power those 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 being
  3  4 exercised by a municipality Except as provided in
  3  5 subsection 2, if a county adopts a county zoning
  3  6 ordinance, the power exercised by the municipality
  3  7 city and the specific regulations and districts
  3  8 thereunder established 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 the municipality city 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 operations under
  3 46 common ownership or management are deemed to be a
  3 47 single animal feeding operation if they are adjacent
  3 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 confinement feeding operation structure
  4 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.  The Except 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 confinement An 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 confinement An 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 50    4.  An animal feeding operation which is
  7  1 constructed or expanded within the corporate limits of
  7  2 a city, or the area within a separation distance
  7  3 required pursuant to this part, if the city approves a
  7  4 waiver which shall be memorialized in writing.  The
  7  5 written waiver becomes effective only upon recording
  7  6 the waiver in the office of the recorder of deeds of
  7  7 the county in which the benefited land is located.
  7  8 The filed waiver shall preclude enforcement by the
  7  9 state of this part as it relates to the animal feeding
  7 10 operation structure.  However, this subsection shall
  7 11 not affect a separation distance required between
  7 12 residences, educational institutions, commercial
  7 13 enterprises, bona fide religious institutions, or
  7 14 public 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 operations under
  7 34 common ownership or management are deemed to be a
  7 35 single animal feeding operation if they are adjacent
  7 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 the animal feeding operation
  9  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 moneys
  9  7 collected in indemnity fees in the manure storage
  9  8 indemnity 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 41 confinement related 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 applicant
 10 10 with the legal requirements for the construction of
 10 11 the confinement feeding operation structure as
 10 12 provided in this chapter, and rules adopted by the
 10 13 department 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 annual review inspection 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 of a confinement
 11 34 an animal feeding operation structure or anaerobic
 11 35 lagoon which 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 for a
 11 44 confinement an animal feeding operation structure or
 11 45 anaerobic lagoon which 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 use a
 12  3 confinement an animal feeding operation structure,
 12  4 anaerobic 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 including a confinement an animal feeding operation
 12  9 structure or anaerobic lagoon which 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 rules
 12 27 which shall be adopted by the department pursuant to
 12 28 chapter 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 operation based on nitrogen use
 13 26 levels in 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 11 located at least constructed or expanded less than
 14 12 five hundred feet away from the surface intake of an
 14 13 agricultural drainage well or known sinkhole, and at
 14 14 least not 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, no a 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 32 unreasonably offensive 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, unreasonably offensive 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
     

Text: S05203                            Text: S05205
Text: S05200 - S05299                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

Return To Home Iowa General Assembly

index Search: Senate Bills and Amendments (76th General Assembly)

© 1996 Cornell College and League of Women Voters of Iowa


Comments? webmaster@legis.iowa.gov.

Last update: Wed Mar 6 03:20:06 CST 1996
URL: /DOCS/GA/76GA/Legislation/S/05200/S05204/960305.html
jhf