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House Amendment 1673

Amendment Text

PAG LIN
  1  1    Amend Senate File 472, as amended, passed, and
  1  2 reprinted by the Senate, as follows:
  1  3    #1.  Page 1, by inserting before line 1 the
  1  4 following:
  1  5    "Section 1.  Section 455B.171, Code 1997, is
  1  6 amended by adding the following new subsections:
  1  7    NEW SUBSECTION.  1C.  "Anaerobic lagoon" means the
  1  8 same as defined in section 455B.161.
  1  9    NEW SUBSECTION.  2A.  "Animal feeding operation
  1 10 structure" means the same as defined in section
  1 11 455B.161.
  1 12    NEW SUBSECTION.  7A.  "Earthen manure storage
  1 13 basin" means the same as defined in section 455B.161.
  1 14    Sec. 2.  NEW SECTION.  455B.201A  ANAEROBIC LAGOONS
  1 15 AND EARTHEN MANURE STORAGE BASINS.
  1 16    1.  A person shall not construct or expand an
  1 17 earthen manure storage basin used in conjunction with
  1 18 a confinement feeding operation in which swine are
  1 19 confined, if the earthen manure storage basin as
  1 20 constructed or expanded would have the capacity to
  1 21 store more than three million gallons of waste
  1 22 discharge.
  1 23    2.  As a condition of a permit approved by the
  1 24 department for the construction or expansion of an
  1 25 animal feeding operation structure which is part of a
  1 26 confinement feeding operation as provided in section
  1 27 455B.173, the department shall inspect each anaerobic
  1 28 lagoon or earthen manure storage basin which is part
  1 29 of the confinement feeding operation at least once
  1 30 each eighteen months.  An inspection conducted
  1 31 pursuant to this subsection shall be limited to a
  1 32 visual inspection of the site where the anaerobic
  1 33 lagoon or earthen manure storage basin is located.
  1 34 The department shall inspect the site at a reasonable
  1 35 time after providing twenty-four hours' notice to the
  1 36 person owning or managing the confinement feeding
  1 37 operation.  However, in order to inspect the premises
  1 38 the departmental inspector must comply with standard
  1 39 biosecurity requirements customarily required by the
  1 40 operation.  The visual inspection shall consist of
  1 41 determining whether any of the following exists:
  1 42    a.  An adequate freeboard level.
  1 43    b.  The seepage of manure from the anaerobic lagoon
  1 44 or earthen manure storage basin.
  1 45    c.  Erosion.
  1 46    d.  Inadequate vegetation cover.
  1 47    e.  The presence of an opening allowing manure to
  1 48 drain from the anaerobic lagoon or earthen manure
  1 49 storage basin.
  1 50    Sec. 3.  NEW SECTION.  455B.201B  RESTRICTIONS
  2  1 WITHIN THE RATHBUN WATERSHED.
  2  2    1.  The following shall apply to an anaerobic
  2  3 lagoon or earthen manure storage basin which is part
  2  4 of a confinement feeding operation, if the anaerobic
  2  5 lagoon or earthen manure storage basin is required to
  2  6 receive a construction permit pursuant to section
  2  7 455B.173 and is located within the Rathbun watershed
  2  8 as designated by the United States government:
  2  9    a.  Not later than July 1, 1998, the owner of a
  2 10 confinement feeding operation shall construct a
  2 11 secondary manure containment for an anaerobic lagoon
  2 12 or earthen manure storage basin existing on the
  2 13 effective date of this Act and which is part of the
  2 14 confinement feeding operation located within the
  2 15 watershed.
  2 16    b.  A person shall not construct or expand an
  2 17 anaerobic lagoon or earthen manure storage basin
  2 18 within the watershed, unless the person constructs
  2 19 secondary manure containment for the anaerobic lagoon
  2 20 or earthen manure storage basin.
  2 21    c.  The department must approve a permit for the
  2 22 construction of the secondary manure containment prior
  2 23 to its construction.  The department shall approve the
  2 24 construction of the secondary manure containment as
  2 25 part of the construction permit for an anaerobic
  2 26 lagoon or earthen manure storage basin constructed on
  2 27 and after the effective date of this Act.
  2 28    d.  The secondary manure containment required to be
  2 29 constructed pursuant to this section shall be
  2 30 constructed of materials and according to
  2 31 specifications required by rules which shall be
  2 32 adopted by the department in order to contain an
  2 33 above-grade breach or overflow of a berm of an
  2 34 anaerobic lagoon or earthen manure storage basin.
  2 35    2.  The department shall adopt rules which impose
  2 36 restrictions on the use of spray irrigation equipment
  2 37 within the watershed.
  2 38    3.  A person shall not be prohibited from
  2 39 constructing a secondary manure containment under this
  2 40 section because the person is classified as a habitual
  2 41 violator as provided in section 455B.173."
  2 42    #2.  Title page, line 1, by inserting after the
  2 43 word "Act" the following:  "relating to animal feeding
  2 44 operations, by regulating animal feeding operation
  2 45 structures and".
  2 46    #3.  By renumbering as necessary.  
  2 47 
  2 48 
  2 49                               
  2 50 SUKUP of Franklin 
  3  1 
  3  2 
  3  3                               
  3  4 ARNOLD of Lucas 
  3  5 
  3  6 
  3  7                               
  3  8 TEIG of Hamilton 
  3  9 
  3 10 
  3 11                               
  3 12 EDDIE of Buena Vista 
  3 13 
  3 14 
  3 15                               
  3 16 GREINER of Washington 
  3 17 
  3 18 
  3 19                               
  3 20 MEYER of Sac 
  3 21 
  3 22 
  3 23                               
  3 24 GREIG of Emmet 
  3 25 
  3 26 
  3 27                               
  3 28 GARMAN of Story 
  3 29 
  3 30 
  3 31                               
  3 32 KOENIGS of Mitchell 
  3 33 
  3 34 
  3 35                               
  3 36 MUNDIE of Webster 
  3 37 SF 472.306 77
  3 38 da/cf/28
     

Text: H01672                            Text: H01674
Text: H01600 - H01699                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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