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PAG LIN 1 1 Section 1. NEW SECTION. 103A.7A SWINE CONFINEMENT 1 2 FEEDING OPERATION STRUCTURES – MODEL CODE. 1 3 The commissioner shall establish a model building code for 1 4 confinement swine feeding operation structures required to 1 5 obtain a license as provided in section 455B.173, for use by 1 6 counties in amending their building codes. 1 7 Sec. 2. Section 137.6, Code 1995, is amended by adding the 1 8 following new subsection: 1 9 NEW SUBSECTION. 6. Monitor drinking water wells which 1 10 exist in close proximity to animal feeding operations as 1 11 provided by the state department pursuant to section 455B.201. 1 12 Sec. 3. Section 204.5, unnumbered paragraph 1, Code 1 13 Supplement 1995, is amended to read as follows: 1 14 A county which has acquired real estate containing a 1 15confinement feeding operationmanure storage structure or egg 1 16 washwater storage structure, as defined in section 455B.161, 1 17 following the nonpayment of taxes pursuant to section 446.19, 1 18 may clean up the site, including removing and disposing of 1 19 manure at any time. The county may seek reimbursement 1 20 including by bringing an action for the costs of the removal 1 21 and disposal from the person abandoning the real estate. 1 22 Sec. 4. Section 331.304, subsection 3, paragraph b, Code 1 23 1995, is amended to read as follows: 1 24 b.AExcept as otherwise provided in this paragraph, a 1 25 county building code shall not apply tofarmhouses, barns, 1 26 outbuildings, or otherfarmbuildings or structures which are 1 27 primarily adapted for use for an agriculturalpurposes1 28 purpose, while so used or under construction for that use. 1 29 The county building code may apply to a confinement swine 1 30 feeding operation structure constructed or expanded on or 1 31 after the effective date of this Act, which is required to 1 32 obtain a construction permit as provided in section 455B.173. 1 33 Sec. 5. NEW SECTION. 364.25 CONFINEMENT SWINE FEEDING 1 34 OPERATIONS. 1 35 A city may adopt an ordinance which prohibits the 2 1 construction or expansion of a confinement swine feeding 2 2 operation structure required to obtain a construction permit 2 3 pursuant to section 455B.173 from being constructed or 2 4 expanded after the effective date of this Act in an area 2 5 within two miles beyond the limits of the city, regardless of 2 6 whether a county zoning ordinance exists or whether the city 2 7 has adopted an ordinance which extends its powers within the 2 8 area as provided in section 414.23. The ordinance adopted by 2 9 the city shall describe in general terms the area in which the 2 10 city is prohibiting construction or expansion of the 2 11 confinement swine feeding operation or a confinement swine 2 12 feeding operation structure. 2 13 Sec. 6. Section 414.23, Code 1995, is amended to read as 2 14 follows: 2 15 414.23 EXTENDING BEYOND CITY LIMITS. 2 16 1. a. The powers granted by this chapter may be extended 2 17 by ordinance byanya city to the unincorporated area up to 2 18 two miles beyond the limits ofsuchthe city, except forthose2 19areasany part of the area located within a county where a 2 20 county zoning ordinance exists. The ordinance adopted by the 2 21 city shall describe in general terms the area to be included 2 22 in the area subject to the city ordinance.The exemption from2 23regulation granted by section 335.2 to property used for2 24agricultural purposes shall apply to such unincorporated area.2 25 If the limits ofany suchthe city are at any place less than 2 26 four miles distant from the limits of any other city which has 2 27 extended or thereafter extends its zoning jurisdiction under 2 28 this section, then at such time the powershereingranted 2 29 under this subsection shall extend to a line equidistant 2 30 between the limits ofsaidthe cities. 2 31 b. Amunicipalitycity, during the time its zoning 2 32 jurisdiction is extended under thissectionsubsection, shall 2 33 increase the size of its planning and zoning commission and 2 34 its board of adjustment each by two members. The additional 2 35 members shall be residents of the area outside the city limits 3 1 over which the zoning jurisdiction is extended.TheyThe 3 2 additional members shall be appointed by the board of 3 3 supervisors of the county in whichsuchthe extended area is 3 4 located and for the same terms of office and have the same 3 5 rights, privileges, and duties as the other members ofeach of3 6saidthe respective bodies of the additional members. 3 7 c. Property owners affected bysuchzoning regulations 3 8 adopted pursuant to this subsection shall have the same rights 3 9 of hearing, protest, and appeal asthoseproperty owners 3 10 residing within themunicipalitycity exercisingthis power3 11 those rights. 3 12 d. Except as provided in subsection 2, the exemption from 3 13 regulation granted by section 335.2 to property used for 3 14 agricultural operations shall apply to the unincorporated area 3 15 over which the city is exercising its power. 3 16 e.Whenever a county in which this power is being3 17exercised by a municipalityExcept as provided in subsection 3 18 2, if a county adopts a county zoning ordinance, the power 3 19 exercised by themunicipalitycity and the specific 3 20 regulations and districtsthereunderestablished by the city 3 21 under this subsection shall be terminated within three months 3 22 of the establishment of the administrative authority for 3 23 county zoning, or at such date as mutually agreed upon by the 3 24municipalitycity and county. 3 25 2. A city may adopt an ordinance under this chapter which 3 26 prohibits the construction or expansion of a confinement swine 3 27 feeding operation structure required to obtain a construction 3 28 permit as provided in section 455B.173, if the confinement 3 29 swine feeding operation structure is to be constructed or 3 30 expanded after the effective date of this Act, or which 3 31 regulates a confinement swine feeding operation structure. 3 32 The ordinance shall apply to the unincorporated area where the 3 33 city may exercise its jurisdiction beyond the limits of the 3 34 city pursuant to section 414.23, regardless of whether a 3 35 county zoning ordinance exists, or whether an ordinance 4 1 extends its powers within the area under subsection 1. The 4 2 ordinance adopted by the city under this subsection shall 4 3 describe in general terms the area over which the city is 4 4 exercising its jurisdiction. 4 5 Sec. 7. Section 455B.161, subsection 1, paragraph a, Code 4 6 Supplement 1995, is amended to read as follows: 4 7 a.A confinement feeding operation structure.An earthen 4 8 manure storage basin, formed manure storage structure, egg 4 9 washwater storage structure, or confinement building. 4 10 Sec. 8. Section 455B.161, subsection 3, Code Supplement 4 11 1995, is amended to read as follows: 4 12 3. a. "Animal feeding operation" means a lot, yard, 4 13 corral, building, or other area in which animals are confined 4 14 and fed and maintained for forty-five days or more in any 4 15 twelve-month period, and all structures used for the storage 4 16 of manure from animals in the operation. 4 17 b. Two or more animal feeding operationsunder common4 18ownership or managementare deemed to be a single animal 4 19 feeding operationif they are adjacentas follows: 4 20 (1) If the animal feeding operations do not include a 4 21 confinement swine feeding operation, the animal feeding 4 22 operations must be both of the following: 4 23 (a) Under common ownership or management. 4 24 (b) Adjacent or utilize a common system for manure 4 25 storage. 4 26 (2) If the animal feeding operations include a confinement 4 27 swine feeding operation, either of the following must apply to 4 28 the animal feeding operations: 4 29 (a) They must utilize a common system for manure storage. 4 30 (b) They must be separated by more than two thousand five 4 31 hundred feet, unless the combined animal weight capacity of 4 32 the animal feeding operations is two hundred thousand pounds 4 33 or less. 4 34 c. An animal feeding operation does not include a 4 35 livestock market. 5 1 Sec. 9. Section 455B.161, subsection 4, Code Supplement 5 2 1995, is amended to read as follows: 5 3 4. "Animal feeding operation structure" means an anaerobic 5 4 lagoon, earthen manure storage basin, formed manure storage 5 5 structure, egg washwater storage structure, or confinement 5 6feeding operation structurebuilding. 5 7 Sec. 10. Section 455B.161, subsection 9, Code Supplement 5 8 1995, is amended by striking the subsection. 5 9 Sec. 11. Section 455B.161, Code Supplement 1995, is 5 10 amended by adding the following new subsections: 5 11 NEW SUBSECTION. 9A. "Confinement swine feeding operation" 5 12 means a confinement feeding operation in which swine are 5 13 confined and fed. 5 14 NEW SUBSECTION. 9B. "Confinement swine feeding operation 5 15 structure" means a confinement building or a formed swine 5 16 manure storage structure. 5 17 Sec. 12. Section 455B.161, subsection 14, Code Supplement 5 18 1995, is amended to read as follows: 5 19 14. "Formed manure storage structure" means a manure 5 20 storage structure, either covered or uncovered, used to store 5 21 manure from a confinement feeding operation, which has walls 5 22 and a floor constructed of poured concrete, concrete block, 5 23 wood, steel, or similar materials. 5 24 Sec. 13. Section 455B.161, Code Supplement 1995, is 5 25 amended by adding the following new subsections: 5 26 NEW SUBSECTION. 14A. "Formed swine manure storage 5 27 structure" means a formed manure storage structure used to 5 28 store swine manure, which has walls and a floor constructed of 5 29 poured concrete. 5 30 NEW SUBSECTION. 16A. "Manure storage structure" means any 5 31 structure used to store manure from an animal feeding 5 32 operation, including an anaerobic lagoon, earthen manure 5 33 storage basin, or formed manure storage structure. 5 34 Sec. 14. Section 455B.162, unnumbered paragraph 1, Code 5 35 Supplement 1995, is amended to read as follows: 6 1 1.TheExcept as provided in subsection 1A, the following 6 2 shall apply to animal feeding operation structures constructed 6 3 on or after May 31, 1995; to the expansion of structures 6 4 constructed on or after May 31, 1995; or, except as provided 6 5 in section 455B.163, to the expansion of structures 6 6 constructed prior to May 31, 1995: 6 7 Sec. 15. Section 455B.162, subsection 1, unnumbered 6 8 paragraph 1, Code Supplement 1995, is amended by striking the 6 9 unnumbered paragraph. 6 10 Sec. 16. Section 455B.162, Code Supplement 1995, is 6 11 amended by adding the following new subsection: 6 12 NEW SUBSECTION. 1A. The following shall apply to 6 13 confinement swine feeding operation structures constructed on 6 14 or after the effective date of this Act, if the confinement 6 15 swine feeding operations are established on or after the 6 16 effective date of this Act: 6 17 a. The following table represents the minimum separation 6 18 distance in feet required between a confinement swine feeding 6 19 operation structure and a residence not owned by the owner of 6 20 the confinement swine feeding operation, or a commercial 6 21 enterprise, bona fide religious institution, or an educational 6 22 institution: 6 23 Minimum Minimum Minimum 6 24 separation separation separation 6 25 distance distance distance 6 26 in feet in feet in feet 6 27 for for for 6 28 operations operations operations 6 29 having an having an having an 6 30 animal weight animal weight animal weight 6 31 capacity of capacity of capacity of 6 32 less than 625,000 or 1,250,000 or 6 33 625,000 more pounds more pounds 6 34 pounds but less than 6 35 1,250,000 7 1 pounds 7 2 Type of 7 3 structure 7 4 7 5 Uncovered 7 6 formed 7 7 manure 7 8 storage 7 9 structure 2,250 2,750 3,250 7 10 Covered 7 11 formed 7 12 manure 7 13 storage 7 14 structure 1,900 2,250 2,750 7 15 b. The following table represents the minimum separation 7 16 distance in feet required between confinement swine feeding 7 17 operation structures and a public use area or a residence not 7 18 owned by the owner of the confinement swine feeding operation, 7 19 a commercial enterprise, a bona fide religious institution, or 7 20 an educational institution located within the corporate limits 7 21 of a city: 7 22 Minimum Minimum Minimum 7 23 separation separation separation 7 24 distance distance distance 7 25 in feet in feet in feet 7 26 for for for 7 27 operations operations operations 7 28 having an having an having an 7 29 animal weight animal weight animal weight 7 30 weight capacity of capacity of 7 31 capacity of 625,000 or 1,250,000 or 7 32 less than more pounds more pounds 7 33 625,000 but less than 7 34 pounds 1,250,000 7 35 pounds 8 1 Type of 8 2 structure 8 3 8 4 Confinement 8 5 swine 8 6 feeding 8 7 operation 8 8 structure 2,500 3,025 3,750 8 9 Sec. 17. Section 455B.165, subsections 1, 2, and 4, Code 8 10 Supplement 1995, are amended to read as follows: 8 11 1.A confinementAn animal feeding operation structure, 8 12 other than an anaerobic lagoon, which provides for the storage 8 13 of manure exclusively in a dry form. 8 14 2.A confinementAn animal feeding operation structure, 8 15 other than an anaerobic lagoon or earthen manure storage 8 16 basin, if the structure is part of a confinement feeding 8 17 operation which qualifies as a small animal feeding operation. 8 184. An animal feeding operation which is constructed or8 19expanded within the corporate limits of a city, or the area8 20within a separation distance required pursuant to this part,8 21if the city approves a waiver which shall be memorialized in8 22writing. The written waiver becomes effective only upon8 23recording the waiver in the office of the recorder of deeds of8 24the county in which the benefited land is located. The filed8 25waiver shall preclude enforcement by the state of this part as8 26it relates to the animal feeding operation structure.8 27However, this subsection shall not affect a separation8 28distance required between residences, educational8 29institutions, commercial enterprises, bona fide religious8 30institutions, or public use areas, as provided in this part.8 31 4. A city which adopts an ordinance on or after the 8 32 effective date of this Act which prohibits the construction or 8 33 expansion of a confinement feeding operation structure or 8 34 which provides a different separation distance requirement 8 35 than provided for in section 455B.162. The ordinance may 9 1 apply within the corporate limits of the city, or within the 9 2 area where the city may exercise its jurisdiction beyond the 9 3 corporate limits of the city as provided in section 364.25 or 9 4 414.23. 9 5 Sec. 18. Section 455B.171, subsection 2, Code Supplement 9 6 1995, is amended to read as follows: 9 7 2. a. "Animal feeding operation" means a lot, yard, 9 8 corral, building, or other area in which animals are confined 9 9 and fed and maintained for forty-five days or more in any 9 10 twelve-month period, and all structures used for the storage 9 11 of manure from animals in the animal feeding operation. 9 12 b. Two or more animal feeding operationsunder common9 13ownership or managementare deemed to be a single animal 9 14 feeding operationif they are adjacentas follows: 9 15 (1) If the animal feeding operations do not include a 9 16 confinement swine feeding operation, the animal feeding 9 17 operations must be both of the following: 9 18 (a) Under common ownership or management. 9 19 (b) Adjacent or utilize a common area or system for manure 9 20 disposal. 9 21 (2) If the animal feeding operations include a confinement 9 22 swine feeding operation, either of the following must apply to 9 23 the animal feeding operations: 9 24 (a) They must utilize a common system or area for manure 9 25 storage. 9 26 (b) They must be separated by more than two thousand five 9 27 hundred feet, unless the combined animal weight capacity of 9 28 the animal feeding operations is two hundred thousand pounds 9 29 or less. 9 30 c. An animal feeding operation does not include a 9 31 livestock market as defined in section 455B.161. 9 32 Sec. 19. Section 455B.171, Code Supplement 1995, is 9 33 amended by adding the following new subsections: 9 34 NEW SUBSECTION. 4A. "Confinement swine feeding operation" 9 35 means the same as defined in section 455B.161. 10 1 NEW SUBSECTION. 4B. "Confinement swine feeding operation 10 2 structure" means the same as defined in section 455B.161. 10 3 NEW SUBSECTION. 9A. "Formed manure storage structure" 10 4 means the same as defined in section 455B.161. 10 5 NEW SUBSECTION. 9B. "Formed swine manure storage 10 6 structure" means the same as defined in section 455B.161. 10 7 NEW SUBSECTION. 12A. "Manure storage structure" means the 10 8 same as defined in section 455B.161. 10 9 Sec. 20. Section 455B.173, subsection 13, Code Supplement 10 10 1995, is amended to read as follows: 10 11 13. a. Adopt, modify, or repeal rules relating to the 10 12 construction or operation of animal feeding operations. The 10 13 rules shall include, but are not limited to, minimum manure 10 14 control requirements, requirements for obtaining permits, and 10 15 departmental evaluations of animal feeding operations. The 10 16 department shall require that a person obtain a permit for the 10 17 construction of a confinement swine feeding operation 10 18 structure. The department shall approve or disapprove a 10 19 permit for a confinement swine feeding operation structure 10 20 based upon the most current available standards for the 10 21 construction of structures of a similar size. However, the 10 22 department shall not require that a person obtain a permit for 10 23 the construction of an animal feeding operation structure, if 10 24 the structure is part of a small animal feeding operation. 10 25 b. The department shall collect an indemnity fee as 10 26 provided in section 204.3 prior to the issuance of a 10 27 construction permit. The department shall deposit moneys 10 28 collected from indemnity fees in the manure storage indemnity 10 29 fund created in section 204.2. 10 30 c. The department shall not approve a permit for the 10 31 construction of a confinement swine feeding operation 10 32 structure or three or more other animal feeding operation 10 33 structures, unless the applicant files a statement approved by 10 34 a professional engineer registered pursuant to chapter 542B 10 35 certifying that the construction of theanimal feeding11 1operationstructure will not impede the drainage through 11 2 established drainage tile lines which cross property boundary 11 3 lines unless measures are taken to reestablish the drainage 11 4 prior to completion of construction.The department shall11 5deposit moneys collected in indemnity fees in the manure11 6storage indemnity fund created in section 204.2.The permit 11 7 for a confinement swine feeding operation structure shall be 11 8 conditional upon the removal of any drainage tile located 11 9 within fifty feet of the structure prior to its operation, 11 10 according to rules adopted by the department, which shall 11 11 provide for the removal, capping, and rerouting of the 11 12 drainage tile. 11 13 d. The department shall issue a permit for an animal 11 14 feeding operation, if an application is submitted according to 11 15 procedures required by the department, and the application 11 16 meets standards established by the department, regardless of 11 17 whether the animal feeding operation is required to obtain 11 18 such a permit. An applicant for a construction permit shall 11 19 not begin construction at the location of a site planned for 11 20 the construction of an animal feeding operation structure, 11 21 until the person has been granted a permit for the 11 22 construction of the structure by the department. The 11 23 department shall make a determination regarding the approval 11 24 or denial of a permit within sixty days from the date that the 11 25 department receives a completed application for a permit. 11 26 However, the sixty-day requirement shall not apply to an 11 27 application, if the applicant is not required to obtain a 11 28 permit in order to construct an animal feeding operation 11 29 structure or to operate an animal feeding operation. The 11 30 department shall deliver a copy or require the applicant to 11 31 deliver a copy of the application for a construction permit 11 32 and the applicant's manure management plan as provided in 11 33 section 455B.203, for a confinement swine feeding operation, 11 34 to the county board of supervisors in the county where the 11 35 confinement feeding operation orconfinementrelated animal 12 1 feeding operation structure subject to the permit is to be 12 2 located. The board may file the application and the manure 12 3 management plan for a confinement swine feeding operation with 12 4 the county recorder, and require that the applicant submit a 12 5 filing fee. The department shall not approve the application 12 6 or issue a construction permit for an animal feeding operation 12 7 structure until thirty days following delivery of the 12 8 application to the county board of supervisors. If the 12 9 construction permit is for an animal feeding operation 12 10 structure for which a construction permit is required, the 12 11 county may submit comments to the department regarding 12 12 compliance by the applicant with the legal requirements for 12 13 the construction of the animal feeding operation structure as 12 14 provided in this chapter, and rules adopted by the department 12 15 pursuant to this chapter. The department shall consider 12 16 comments from the county board of supervisors,regarding12 17compliance by the applicant with the legal requirements for12 18the construction of the confinement feeding operation12 19structure as provided in this chapter, and rules adopted by12 20the department pursuant to this chapter,if the comments are 12 21 delivered to the department within fourteen days after receipt 12 22 of the application by the county board of supervisors. 12 23 However, if the construction permit is for a confinement swine 12 24 feeding operation structure, the department shall not issue 12 25 the permit, if the county board of supervisors submits an 12 26 objection to the department within thirty days after receipt 12 27 of the application by the county board of supervisors. The 12 28 objection must be based upon a threat to environmental quality 12 29 or the public health that the board determines may be caused 12 30 by the location or design of the confinement swine feeding 12 31 operation structure. 12 32 e. Prior to granting a permit to a person for the 12 33 construction of an animal feeding operation, the department 12 34 may require the installation and operation of a hydrological 12 35 monitoring system for an exclusively earthen manure storage 13 1 structure, if, after an on-site inspection, the department 13 2 determines that the site presents an extraordinary potential 13 3 for groundwater pollution. The department shall require the 13 4 installation and operation of a hydrological monitoring system 13 5 for a manure storage structure which is part of a confinement 13 6 feeding operation prior to issuing a permit to the confinement 13 7 feeding operation, unless after an on-site inspection, the 13 8 department determines that no potential for groundwater 13 9 pollution exists. 13 10 f. A person shall not obtain a permit for the construction 13 11 of a confinement feeding operation, unless the person develops 13 12 a manure management plan as provided in section 455B.203. 13 13 g. During each major stage of construction, the department 13 14 shall conduct an inspection of the confinement swine feeding 13 15 operation structure subject to a permit required to be 13 16 approved by the department, in order to ensure that a 13 17 confinement swine feeding operation structure is being 13 18 constructed according to design requirements approved by the 13 19 department. A confinement swine feeding operation structure 13 20 shall not operate unless the department conducts a final 13 21 inspection and certifies that the confinement swine feeding 13 22 operation structure is constructed according to requirements 13 23 approved by the department. 13 24 h. The department shall not issue a permit to a person 13 25 under this subsection if an enforcement action by the 13 26 department, relating to a violation of this chapter concerning 13 27 a confinement feeding operation in which the person has an 13 28 interest, is pending. The department shall not issue a permit 13 29 to a person under this subsection for five years after the 13 30 date of the last violation committed by a person or 13 31 confinement feeding operation in which the person holds a 13 32 controlling interest during which the person or operation was 13 33 classified as a habitual violator under section 455B.191. The 13 34 department shall conduct an annualreviewinspection of each 13 35 confinement feeding operation which is a habitual violator and 14 1 each confinement feeding operation in which a habitual 14 2 violator holds a controlling interest. The department shall 14 3 notify persons classified as habitual violators of their 14 4 classification, additional restrictions imposed upon the 14 5 persons pursuant to the classification, and special civil 14 6 penalties that may be imposed upon the persons. The notice 14 7 shall be sent to the persons by certified mail. 14 8 Sec. 21. Section 455B.191, subsection 7, paragraphs a 14 9 through d, Code Supplement 1995, are amended to read as 14 10 follows: 14 11 a. The construction or operation ofa confinementan 14 12 animal feeding operation structureor anaerobic lagoonwhich 14 13 is part of a confinement feeding operation, or the 14 14 installation or use of a related pollution control device or 14 15 practice, for which the person must obtain a permit, in 14 16 violation of this chapter, or rules adopted by the department, 14 17 including the terms or conditions of the permit. 14 18 b. Intentionally making a false statement or 14 19 misrepresenting information to the department as part of an 14 20 application for a construction permit fora confinementan 14 21 animal feeding operation structureor anaerobic lagoonwhich 14 22 is part of a confinement feeding operation, or the 14 23 installation of a related pollution control device or practice 14 24 for which the person must obtain a construction permit. 14 25 c. Failing to obtain a permit or approval by the 14 26 department in violation of this chapter or departmental rule 14 27 which requires a permit to construct or operate a confinement 14 28 feeding operation or usea confinementan animal feeding 14 29 operation structure, anaerobic lagoon,or a pollution control 14 30 device or practice which is part of a confinement feeding 14 31 operation. 14 32 d. Operating a confinement feeding operation, includinga14 33confinementan animal feeding operation structureor anaerobic14 34lagoonwhich is part of a confinement feeding operation, or a 14 35 related pollution control device or practice, which causes 15 1 pollution to the waters of the state, if the pollution was 15 2 caused intentionally, or caused by a failure to take measures 15 3 required to abate the pollution which resulted from an act of 15 4 God. 15 5 Sec. 22. Section 455B.191, subsection 7, Code Supplement 15 6 1995, is amended by adding the following new paragraph: 15 7 NEW PARAGRAPH. f. To apply manure subject to a manure 15 8 management plan in violation of the plan, if another manure 15 9 management plan provides for the application of manure on the 15 10 same land. 15 11 Sec. 23. Section 455B.201, subsection 4, Code Supplement 15 12 1995, is amended to read as follows: 15 13 4. A person shall not apply manure by spray irrigation 15 14 equipment, except as provided by rules which shall be adopted15 15by the department pursuant to chapter 17A. 15 16 Sec. 24. Section 455B.201, Code Supplement 1995, is 15 17 amended by adding the following new subsections: 15 18 NEW SUBSECTION. 5. On and after the effective date of 15 19 this Act, a person shall not construct a manure storage 15 20 structure which is part of a confinement swine feeding 15 21 operation unless the manure storage structure is a formed 15 22 swine manure storage structure. 15 23 NEW SUBSECTION. 6. The department shall provide for the 15 24 installation and operation of a hydrological monitoring system 15 25 for a manure storage structure which is part of a confinement 15 26 feeding operation structure, unless after an on-site 15 27 inspection, the department determines that the site presents 15 28 no potential for groundwater pollution. 15 29 NEW SUBSECTION. 7. The department shall do all of the 15 30 following: 15 31 a. Cooperate with the Iowa department of public health in 15 32 regularly monitoring drinking water wells which are located in 15 33 close proximity to animal feeding operations. The monitoring 15 34 may be performed by employees of a county board of health in 15 35 the county where a drinking water well is located and reported 16 1 to the department of natural resources as provided by the Iowa 16 2 department of public health. 16 3 b. Regularly inspect and evaluate the structural integrity 16 4 of manure storage structures which are part of confinement 16 5 swine feeding operations. The department shall annually 16 6 inspect and evaluate not less than ten percent of all 16 7 anaerobic lagoons and earthen manure storage basins which are 16 8 part of those operations and for which a construction permit 16 9 has been issued by the department. 16 10 NEW SUBSECTION. 8. Drainage tile shall not be located 16 11 within fifty feet from a manure storage structure which is 16 12 part of a confinement swine feeding operation. The department 16 13 shall adopt rules for the inspection, removal, capping, and 16 14 rerouting of the drainage tile. The owner of a confinement 16 15 swine feeding operation shall comply with this subsection not 16 16 later than July 1, 1998. 16 17 Sec. 25. Section 455B.203, subsection 2, paragraph a, Code 16 18 Supplement 1995, is amended to read as follows: 16 19 a. Calculations necessary to determine the land area 16 20 required for the application of manure from a confinement 16 21 feeding operationbased on nitrogen use levelsin order to 16 22 obtain optimum crop yields according to a crop schedule 16 23 specified in the plan, and according to requirements adopted 16 24 by the department, as follows: 16 25 (1) If the manure is produced from a confinement feeding 16 26 operation other than a confinement swine feeding operation, 16 27 the calculations shall be based on nitrogen use levels. 16 28 (2) If the manure is produced from a confinement swine 16 29 feeding operation, the calculations shall be based on 16 30 phosphorus use levels. 16 31 The department shall adopt calculations required under this 16 32 paragraph "a" after receiving recommendations from the animal 16 33 agriculture consulting organization provided for in 1995 Iowa 16 34 Acts, chapter 195, section 37. 16 35 Sec. 26. Section 455B.203, subsection 2, Code Supplement 17 1 1995, is amended by adding the following new paragraph: 17 2 NEW PARAGRAPH. h. A written record describing actions 17 3 taken to determine the existence of drainage tile lines, 17 4 including the findings, and actions taken to comply with 17 5 permit requirements in section 455B.173, and minimum manure 17 6 control requirements provided in section 455B.201. 17 7 Sec. 27. Section 455B.203, Code Supplement 1995, is 17 8 amended by adding the following new subsection: 17 9 NEW SUBSECTION. 2A. A person required to submit a manure 17 10 management plan shall not apply manure on the land other than 17 11 as provided in the manure management plan. 17 12 Sec. 28. Section 455B.204, subsection 1, unnumbered 17 13 paragraph 1, Code Supplement 1995, is amended to read as 17 14 follows: 17 15 An animal feeding operation structure shall not belocated17 16at leastconstructed or expanded less than five hundred feet 17 17 away from the surface intake of an agricultural drainage well 17 18 or known sinkhole, andat leastnot less than two hundred feet 17 19 away from a lake, river, or stream located within the 17 20 territorial limits of the state, any marginal river area 17 21 adjacent to the state, which can support a floating vessel 17 22 capable of carrying one or more persons during a total of a 17 23 six-month period in one out of ten years, excluding periods of 17 24 flooding. However,noa distance separation is not required 17 25 between a location or object and a farm pond or privately 17 26 owned lake, as defined in section 462A.2. A confinement swine 17 27 feeding operation structure shall not be constructed or 17 28 expanded less than five hundred feet away from a drinking 17 29 water well. 17 30 Sec. 29. Section 657.1, Code Supplement 1995, is amended 17 31 to read as follows: 17 32 657.1 NUISANCE – WHAT CONSTITUTES – ACTION TO ABATE. 17 33 Whatever is injurious to health, indecent, orunreasonably17 34 offensive to the senses, or an obstruction to the free use of 17 35 property, so as essentially to unreasonably interfere with the 18 1 comfortable enjoyment of life or property, is a nuisance, and 18 2 a civil action by ordinary proceedings may be brought to 18 3 enjoin and abate the same and to recover damages sustained on 18 4 account thereof. 18 5 Sec. 30. Section 657.2, subsection 1, Code Supplement 18 6 1995, is amended to read as follows: 18 7 1. The erecting, continuing, or using any building or 18 8 other place for the exercise of any trade, employment, or 18 9 manufacture, which, by occasioning noxious exhalations, 18 10unreasonablyoffensive smells, or other annoyances, becomes 18 11 injurious and dangerous to the health, comfort, or property of 18 12 individuals or the public. 18 13 Sec. 31. APPLICABILITY. Notwithstanding contrary 18 14 provisions of this Act, and except as provided in section 18 15 455B.163, as enacted by 1995 Iowa Acts, chapter 195, section 18 16 17, with regard to the continued operation of animal feeding 18 17 operations constructed prior to May 31, 1995, or the expansion 18 18 of structures constructed prior to May 31, 1995, the 18 19 provisions of section 455B.162, subsection 1, paragraph "a", 18 20 and paragraph "b", Code Supplement 1995, as enacted by 1995 18 21 Iowa Acts, chapter 195, section 16, shall continue to apply to 18 22 animal feeding operation structures as defined in section 18 23 455B.161, subsection 4, Code Supplement 1995, as enacted by 18 24 1995 Iowa Acts, chapter 195, section 15, if constructed or 18 25 expanded on or after May 31, 1995, but prior to the effective 18 26 date of this Act. 18 27 Sec. 32. DEPARTMENT OF NATURAL RESOURCES RULES REQUIRED. 18 28 The department of natural resources shall adopt as rules 18 29 recommended manure application practices as provided in 567 18 30 IAC 65.2(1), to apply to confinement swine feeding operations, 18 31 unless inconsistent with statute or rules required to 18 32 implement this Act. 18 33 Sec. 33. REPEAL OF NUISANCE SUIT RESTRICTION. Section 18 34 657.11, Code Supplement 1995, is repealed. 18 35 Sec. 34. EFFECTIVE DATE. This Act, being deemed of 19 1 immediate importance, takes effect upon enactment. 19 2 EXPLANATION 19 3 This bill relates to environmental protection and public 19 4 health by providing for the regulation of animal feeding 19 5 operations, including confinement feeding operations, and the 19 6 application of manure on land. A confinement swine feeding 19 7 operation is an area in which swine are confined to buildings 19 8 and fed and maintained for 45 days or more in any 12-month 19 9 period, including all structures used for the storage of 19 10 manure from animals in the operation. 19 11 The bill requires the state building code commissioner to 19 12 establish a model building code for confinement swine feeding 19 13 operation structures. The bill provides that a county 19 14 building code may apply to a confinement feeding operation 19 15 structure. 19 16 The bill authorizes a local board of health to monitor 19 17 drinking water wells which exist in close proximity to animal 19 18 feeding operations. The bill amends a provision which allows 19 19 a county to be reimbursed for acquiring real estate where an 19 20 animal feeding operation is located, by allowing reimbursement 19 21 for cleaning up an anaerobic lagoon. 19 22 The bill provides that for purposes of their regulation 19 23 under chapter 455B, two or more animal feeding operations are 19 24 deemed to be a single animal feeding operation if they include 19 25 a confinement swine feeding operation and are separated by 19 26 more than 2,500 feet, unless the combined animal weight 19 27 capacity of the animal feeding operations is 200,000 pounds or 19 28 less. 19 29 The bill provides greater separation distances for 19 30 confinement swine feeding operation structures constructed on 19 31 or after the effective date of the bill. The separation 19 32 distances apply between a confinement swine feeding operation 19 33 structure and a residence, commercial enterprise, bona fide 19 34 religious institution, or educational institution. Other 19 35 separation distances apply between a confinement swine feeding 20 1 operation structure and a public use area or a residence, 20 2 commercial enterprise, bona fide religious institution, or 20 3 educational institution located within the corporate limits of 20 4 a city. 20 5 The bill provides that a city may adopt an ordinance which 20 6 prohibits the construction or expansion of a confinement 20 7 feeding operation structure or which provides a different 20 8 separation distance requirement, applicable within the 20 9 corporate limits of a city or the two-mile area beyond the 20 10 corporate limits of the city. 20 11 The bill provides that the department of natural resources 20 12 must approve or disapprove a permit for the construction of a 20 13 confinement swine feeding operation structure based upon 20 14 current available standards for the construction of structures 20 15 of a similar size, unless the operation is part of a small 20 16 animal feeding operation, with an animal weight capacity of 20 17 200,000 pounds or less. 20 18 The bill provides for the removal of any drainage tile 20 19 located within 50 feet of a confinement swine feeding 20 20 operation structure. 20 21 The bill requires that a person applying to the department 20 22 for a permit to construct a confinement swine feeding 20 23 operation structure must submit a manure management plan with 20 24 the county as well as the application. The bill provides that 20 25 the department is prohibited from approving a permit, if the 20 26 county board of supervisors submits an objection to the 20 27 department. The bill requires the department to install and 20 28 operate a hydrological monitoring system for a manure storage 20 29 structure which is part of a confinement feeding operation 20 30 prior to issuing a permit. The bill requires that during each 20 31 major stage of construction, the department must conduct an 20 32 inspection of the confinement swine feeding operation 20 33 structure which is subject to a permit. 20 34 The bill provides that on and after the effective date of 20 35 the bill, a person is prohibited from constructing a manure 21 1 storage structure which is part of a confinement swine feeding 21 2 operation unless the manure storage structure is a formed 21 3 swine manure storage structure. The bill requires 21 4 hydrological monitoring of manure storage structures which are 21 5 part of confinement swine feeding operation structures. The 21 6 bill requires the department to cooperate with the Iowa 21 7 department of public health in regularly monitoring drinking 21 8 water wells which are located in close proximity to animal 21 9 feeding operations. The bill requires the department to 21 10 regularly inspect and evaluate the structural integrity of 21 11 manure storage structures which are part of confinement swine 21 12 feeding operations. The bill requires that drainage tile 21 13 cannot be located within 50 feet from a manure storage 21 14 structure which is part of a confinement swine feeding 21 15 operation. 21 16 The bill amends provisions relating to manure management 21 17 plans. The bill provides that if manure is produced from a 21 18 confinement swine feeding operation, the plan must include 21 19 calculations to determine the land area required for the 21 20 application of manure from a confinement feeding operation 21 21 based on phosphorus use levels required to obtain optimum crop 21 22 yields. 21 23 The bill prohibits a person required to submit a manure 21 24 management plan from applying manure on the land other than as 21 25 provided in the plan. It adds as criteria for the 21 26 classification of habitual violator a person who applies 21 27 manure subject to a manure management plan and in violation of 21 28 the plan, if another manure management plan provides for the 21 29 application of manure on the same land. 21 30 The bill requires that a confinement feeding operation 21 31 structure be constructed at least 500 feet away from a 21 32 drinking water well. 21 33 The bill requires the department of natural resources to 21 34 adopt as rules recommended manure application practices as 21 35 provided in 567 IAC 65.2(1) to apply to confinement swine 22 1 feeding operations. 22 2 The bill repeals section 657.11, which applies to nuisance 22 3 suit restrictions against animal feeding operations. 22 4 The bill provides for the prospective applicability of its 22 5 provisions as applied to separation distance requirements. 22 6 Chapter 455B includes provisions imposing penalties upon 22 7 violators which are applicable to the provisions of this bill. 22 8 A person violating provisions of the bill is generally subject 22 9 to a civil penalty of $10,000, pursuant to section 455B.109. 22 10 A person who violates water quality provisions is subject to a 22 11 civil penalty of not more than $5,000 unless the person is 22 12 classified as a habitual violator, pursuant to section 22 13 455B.191. A habitual violator may be subject to a civil 22 14 penalty of not more than $25,000. 22 15 The bill takes effect upon enactment. 22 16 LSB 3817XS 76 22 17 da/sc/14.1
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