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PAG LIN
1 1 Section 1. Section 455B.171, Code 1995, is amended by
1 2 adding the following new subsections:
1 3 NEW SUBSECTION. 1A. "Anaerobic lagoon" means an
1 4 impoundment used in conjunction with a confinement feeding
1 5 operation, if the primary function of the impoundment is to
1 6 store and stabilize manure wastes, the impoundment is designed
1 7 to receive manure on a regular basis, and the impoundment's
1 8 design manure loading rates provide that the predominant
1 9 biological activity is anaerobic. An anaerobic lagoon does
1 10 not include any of the following:
1 11 a. A confinement feeding operation structure.
1 12 b. A runoff control basin which collects and stores only
1 13 precipitation induced runoff from an operation in which
1 14 animals are confined to areas which are unroofed or partially
1 15 roofed and in which no crop, vegetation, or forage growth or
1 16 residue cover is maintained during the period in which animals
1 17 are confined in the operation.
1 18 c. An anaerobic treatment system which includes collection
1 19 and treatment facilities for all off gases.
1 20 NEW SUBSECTION. 1B. "Confinement building" means a
1 21 building used in conjunction with a confinement feeding
1 22 operation to house animals.
1 23 NEW SUBSECTION. 1C. "Confinement feeding operation" means
1 24 a totally roofed area in which animals are confined and fed
1 25 and maintained for forty-five days or more in any twelve-month
1 26 period, and all structures used for storage of manure from
1 27 animals in the operation. Two or more operations under common
1 28 ownership or management are deemed to be a single confinement
1 29 feeding operation if they are adjacent or utilize a common
1 30 area or system for manure disposal.
1 31 NEW SUBSECTION. 1D. "Confinement feeding operation
1 32 structure" means a formed manure storage structure, egg
1 33 washwater storage structure, earthen manure storage basin, or
1 34 confinement building. A confinement feeding operation
1 35 structure does not include an anaerobic lagoon.
2 1 NEW SUBSECTION. 4A. "Earthen manure storage basin" means
2 2 an earthen cavity, either covered or uncovered, which, on a
2 3 regular basis, receives waste discharges from a confinement
2 4 feeding operation if accumulated wastes from the basin are
2 5 completely removed at least twice each year.
2 6 NEW SUBSECTION. 4B. "Egg washwater storage structure"
2 7 means an aerobic or anaerobic structure used to store the
2 8 wastewater resulting from the washing and in-shell packaging
2 9 of eggs.
2 10 NEW SUBSECTION. 6A. "Formed manure storage structure"
2 11 means a structure, either covered or uncovered, used to store
2 12 manure, which has walls and a floor constructed of concrete,
2 13 concrete block, wood, steel, or similar materials.
2 14 NEW SUBSECTION. 7A. "Manure" means animal excreta or
2 15 other commonly associated wastes of animals, including, but
2 16 not limited to, bedding, litter, or feed losses.
2 17 NEW SUBSECTION. 7B. "Manure sludge" means the solid or
2 18 semisolid residue produced during the treatment of manure in
2 19 an anaerobic lagoon.
2 20 Sec. 2. NEW SECTION. 455B.201 MANURE MANAGEMENT
2 21 PRACTICES.
2 22 1. The department shall adopt rules for manure management
2 23 practices by persons required to obtain a permit for the
2 24 construction of a confinement feeding operation.
2 25 2. The rules for manure management practices shall include
2 26 the following:
2 27 a. Requirements for the submission and approval of a
2 28 manure management plan as provided in section 455B.202.
2 29 b. Manure application practices, including manure
2 30 application rates on land based on the production of
2 31 designated crops and according to crop schedules. The
2 32 application rates shall be based on nitrogen use levels of
2 33 designated crops, if the land where the manure is applied does
2 34 not exceed soil loss limits. The department shall establish
2 35 manure application rates based on phosphorus use levels of
3 1 designated crops, and phosporus levels in the soil if the land
3 2 where the manure is applied exceeds soil loss limits.
3 3 c. The testing and management of manure sludge contained
3 4 in an anaerobic lagoon.
3 5 d. The application of manure sludge to land based on the
3 6 phosphorus content of the sludge, the phosphorus needs of the
3 7 crops, and the phosphorus levels in the soil.
3 8 3. The department shall consider adopting requirements
3 9 which distinguish between practices based on different types
3 10 of manures.
3 11 4. The department shall adopt rules based on
3 12 recommendations submitted by Iowa state university and the
3 13 division of soil conservation of the department of agriculture
3 14 and land stewardship.
3 15 Sec. 3. NEW SECTION. 455B.202 MANURE MANAGEMENT PLAN
3 16 REQUIREMENTS.
3 17 1. a. A person shall not receive a permit for the
3 18 construction of a confinement feeding operation as provided in
3 19 section 455B.173, unless the person submits and complies with
3 20 a manure management plan in accordance with rules which shall
3 21 be adopted by the department pursuant to chapter 17A. The
3 22 plan shall provide for the application of manure in a manner
3 23 that is consistent with manure management practices provided
3 24 in section 455B.201. The department shall adopt all rules
3 25 required to implement this section not later than six months
3 26 following the effective date of this Act.
3 27 b. A person issued a permit for the construction of a
3 28 confinement feeding operation before January 1, 1994, shall
3 29 submit a manure management plan to the department not later
3 30 than two years and six months after the effective date of this
3 31 Act. A person issued a permit for the construction of a
3 32 confinement feeding operation between January 1, 1994, and six
3 33 months after the effective date of this Act, shall submit a
3 34 manure management plan to the department not later than one
3 35 year after the effective date of this Act. If a person
4 1 required to submit a delayed plan pursuant to this paragraph
4 2 violates section 455B.201, the person shall be required to
4 3 submit the plan to the department not later than one hundred
4 4 twenty days following notice by the department.
4 5 2. The manure plan manager shall administer the
4 6 implementation of and compliance with the plan, including
4 7 manure sludge management. The manure plan manager shall be
4 8 certified within six months after the department issues a
4 9 permit for the confinement feeding operation. However, a
4 10 person is not required to obtain a certification until two
4 11 years and six months following the effective date of this Act.
4 12 3. A manure management plan shall include, but is not
4 13 limited to, the following:
4 14 a. Calculations to determine the land area required for
4 15 application of manure from the confinement feeding operation
4 16 for the crop schedule specified in the plan.
4 17 b. The rate of manure application which shall be
4 18 consistent with the requirements of section 455B.201.
4 19 c. A crop schedule for land subject to application.
4 20 d. Manure sludge practices as required pursuant to
4 21 subsection 4.
4 22 4. A person operating a confinement feeding operation
4 23 which utilizes an anaerobic lagoon shall include a provision
4 24 for manure sludge management. The department shall adopt
4 25 rules for manure sludge management. The rules may include a
4 26 requirement that following approval of the plan by the
4 27 department, the depth of sludge be periodically determined,
4 28 the manure sludge tested for phosphorus content, and the
4 29 results of the test submitted to the department. The
4 30 department shall determine whether the person shall be
4 31 required to remove the manure sludge. If applied to land, the
4 32 department shall determine sludge application practices
4 33 pursuant to section 455B.201, based on the information
4 34 submitted by the person and standards recommended by Iowa
4 35 state university.
5 1 5. A person receiving a permit for the construction of a
5 2 confinement feeding operation shall maintain a current manure
5 3 management plan and maintain records sufficient to demonstrate
5 4 compliance with the manure management plan. Chapter 22 shall
5 5 not apply to the records which shall be kept confidential by
5 6 the department and its agents and employees. The contents of
5 7 the records are not subject to disclosure except as follows:
5 8 a. Upon waiver by the person receiving the permit.
5 9 b. In an action or administrative proceeding commenced
5 10 under this chapter. Any hearing related to the action or
5 11 proceeding shall be closed.
5 12 c. When required by subpoena or court order.
5 13 6. The department may inspect the confinement feeding
5 14 operation at any time during normal working hours, and may
5 15 inspect records required to be maintained as part of the
5 16 manure management plan.
5 17 7. A person required to submit a manure management plan
5 18 who is found in violation of the terms and conditions of the
5 19 plan shall not be subject to an enforcement action other than
5 20 assessment of a civil penalty pursuant to section 455B.191.
5 21 EXPLANATION
5 22 This bill provides for the regulation of confinement
5 23 feeding operations by the department of natural resources.
5 24 The bill requires the department to adopt rules relating to
5 25 manure application practices by persons required to obtain a
5 26 permit for the construction of confinement feeding operations.
5 27 Generally a confinement feeding operation is an area which is
5 28 totally roofed in which animals are confined and fed and
5 29 maintained for 45 days in any 12-month period. The department
5 30 must adopt rules based on recommendations submitted by Iowa
5 31 state university and the department of agriculture and land
5 32 stewardship.
5 33 The bill provides for manure management plans. A person
5 34 cannot receive a permit for the construction of a confinement
5 35 feeding operation unless the person develops and complies with
6 1 a manure management plan as provided by rules which shall be
6 2 adopted by the department. The plan shall provide for the
6 3 application of manure in a manner that is consistent with
6 4 manure management practices required in the bill. The bill
6 5 provides for delayed implementation of the requirement.
6 6 The bill provides that a person operating a confinement
6 7 feeding operation which utilizes an anaerobic lagoon must
6 8 provide for manure sludge management as part of the plan. The
6 9 bill provides that a person required to maintain the plan must
6 10 keep records sufficient to demonstrate compliance with the
6 11 manure management plan. The public records law does not apply
6 12 to the records.
6 13 LSB 2428SS 76
6 14 da/jw/5
Text: SF00326 Text: SF00328 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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