Text: H01697 Text: H01699 Text: H01600 - H01699 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend Senate File 473, as amended, passed, and 1 2 reprinted by the Senate, as follows: 1 3 #1. Page 3, by inserting after line 5 the 1 4 following: 1 5 "Sec. . Section 204.1, is amended by adding the 1 6 following new subsection: 1 7 NEW SUBSECTION. 2A. "Bond" means a bond issued by 1 8 a surety company or an irrevocable letter of credit 1 9 issued by a financial institution as defined in 1 10 section 12.61. 1 11 Sec. . Section 204.1, subsection 8, Code 1997, 1 12 is amended to read as follows: 1 13 8. "Manure storage structure" means a structure 1 14 used to store manure as part of a confinement feeding 1 15 operationsubject to a construction permit issued by1 16the department of natural resources pursuant to1 17section 455B.173. A manure storage structure 1 18 includes, but is not limited to, an anaerobic lagoon, 1 19 formed manure storage structure, or earthen manure 1 20 storage basin, as defined in section 455B.161. 1 21 Sec. . Section 204.4, subsections 1 and 3, Code 1 22 1997, are amended to read as follows: 1 23 1. A county that has acquired real estate 1 24 containing a manure storage structure following 1 25 nonpayment of taxes pursuant to section 446.19, may 1 26 make a claim against the fund to pay the costs of 1 27 cleaning upthea contaminated siteof the confinement1 28feeding operation, including the costs of removing and1 29disposing of the manure from a manure storage1 30structureas provided in section 204.5. Each claim 1 31 shall include a bid by a qualified person, other than 1 32 a governmental entity, to remove and dispose of the 1 33 manure for a fixed amount specified in the bid. 1 34 3. Upon a determination that the claim is eligible 1 35 for payment, the department shall provide for payment 1 36 of one hundred percent of the claim, as provided in 1 37 this section. However, the amount of the claim shall 1 38 be reduced by any amount received by the county from a 1 39 bond or cash deposit required to be paid to the county 1 40 as provided in section 204.4A. If at any time the 1 41 department determines that there are insufficient 1 42 moneys to make payment of all claims, the department 1 43 shall pay claims according to the date that the claims 1 44 are received by the department. To the extent that a 1 45 claim cannot be fully satisfied, the department shall 1 46 order that the unpaid portion of the payment be 1 47 deferred until the claim can be satisfied. However, 1 48 the department shall not satisfy claims from moneys 1 49 dedicated for the administration of the fund. 1 50 Sec. . NEW SECTION. 204.4A SECURITY EVIDENCE 2 1 OF FINANCIAL RESPONSIBILITY – REQUIRED FOR CERTAIN 2 2 CONFINEMENT FEEDING OPERATIONS. 2 3 1. A county board of supervisors may adopt an 2 4 ordinance pursuant to section 331.302 requiring a 2 5 person to submit security evidence of financial 2 6 responsibility with the county prior to constructing a 2 7 manure storage structure in the county. The security 2 8 evidence of financial responsibility may be in the 2 9 form of a bond, cash deposit, or statement of net 2 10 worth as required by the board. The security evidence 2 11 of financial responsibility shall be used for the 2 12 exclusive purpose of ensuring the clean up of a 2 13 contaminated site as provided in section 204.5. The 2 14 board may require security evidence of financial 2 15 responsibility regardless of whether a manure storage 2 16 structure is constructed pursuant to a permit approved 2 17 by the department of natural resources under section 2 18 455B.173. 2 19 2. The security evidence of financial 2 20 responsibility shall be for an amount determined 2 21 reasonable by the board of supervisors. The ordinance 2 22 may provide a bond or cash deposit be reduced or 2 23 eliminated if a confinement feeding operation has a 2 24 net worth in an amount required by the board. The 2 25 ordinance may require that the confinement feeding 2 26 operation submit a financial statement that is 2 27 accompanied by an unqualified opinion based upon an 2 28 audit performed by a certified public accountant 2 29 licensed in this state, as required by the ordinance. 2 30 The amount of the security evidence of financial 2 31 responsibility shall be based on factors relating to 2 32 the cost of cleaning up a contaminated site, which may 2 33 include, but is not limited to, the size of the 2 34 confinement feeding operation, the type of manure 2 35 storage structure used, or the history of compliance 2 36 with requirements of chapter 455B by the confinement 2 37 feeding operation or a person who holds an interest in 2 38 the confinement feeding operation. 2 39 3. The county shall forward proof of the security 2 40 evidence of financial responsibility to the department 2 41 and the department of natural resources as required by 2 42 the departments. The board must certify to the 2 43 department of natural resources that an applicant for 2 44 a construction permit under section 455B.173 has 2 45 provided the county with any required security 2 46 evidence of financial responsibility as provided in 2 47 this section. 2 48 4. The terms and conditions of security evidence 2 49 of financial responsibility shall comply with 2 50 requirements of the county ordinance, which shall 3 1 provide for notifying the department of agriculture 3 2 and land stewardship and the department of natural 3 3 resources of the termination of a person's security 3 4 evidence of financial responsibility and any 3 5 replacement form of security evidence of financial 3 6 responsibility approved by the board. 3 7 5. If the department of natural resources receives 3 8 notice from the county that the security evidence of 3 9 financial responsibility has been terminated and has 3 10 not been replaced, the department of natural resources 3 11 shall immediately inspect the confinement feeding 3 12 operation, and the confinement feeding operation shall 3 13 depopulate animals maintained in the confinement 3 14 feeding operation as provided in section 455B.202. 3 15 6. This section shall not apply if on August 31 3 16 following the close of a fiscal year, moneys in the 3 17 fund which are not obligated or encumbered on June 30 3 18 of the past fiscal year, less the department's 3 19 estimate of the cost to the fund for pending or 3 20 unsettled claims, equal or exceed one million dollars. 3 21 After the fiscal year in which this section does not 3 22 apply, this section shall apply again if on August 31 3 23 following the close of a fiscal year, moneys in the 3 24 fund which are not obligated or encumbered on June 30 3 25 of the past fiscal year, less the department's 3 26 estimate of the cost to the fund for pending or 3 27 unsettled claims, is less than seven hundred fifty 3 28 thousand dollars. 3 29 Sec. . Section 204.5, unnumbered paragraph 1, 3 30 Code 1997, is amended to read as follows: 3 31 A county which has acquired real estate containing 3 32 aconfinement feeding operationmanure storage 3 33 structure, as defined in section 455B.161,following 3 34 the nonpayment of taxes pursuant to section 446.19, 3 35 may clean upthea site contaminated by manure 3 36 originating from the confinement feeding operation, 3 37 including by removing and disposing of manureat any3 38time, and restoring the quality of surface or 3 39 subsurface water contaminated by manure. The county 3 40 may seek reimbursement including by bringing an action 3 41 for the costs of the removal and disposal from the 3 42 person abandoning the real estate. 3 43 Sec. . Section 455B.171, Code 1997, is amended 3 44 by adding the following new subsection: 3 45 NEW SUBSECTION. 2A. "Animal feeding operation 3 46 structure" means the same as defined in section 3 47 455B.161. 3 48 Sec. . Section 455B.173, subsection 13, Code 3 49 1997, is amended to read as follows: 3 50 13. a. Adopt, modify, or repeal rules relating to 4 1 the construction, including new construction or 4 2 expansion, or operation of animal feeding operations. 4 3 The rules shall include, but are not limited to, 4 4 minimum manure control requirements, requirements for 4 5 obtaining permits, and departmental evaluations of 4 6 animal feeding operations. The department shall not 4 7 require that a person obtain a permit for the 4 8 construction of an animal feeding operation structure, 4 9 if the structure is part of a small animal feeding 4 10 operation. 4 11 b. The department shall collect an indemnity fee 4 12 as provided in section 204.3 prior to theissuance4 13 approval of a construction permit. The department 4 14 shall deposit moneys collected in indemnity fees in 4 15 the manure storage indemnity fund created in section 4 16 204.2. In addition, a permit for the construction of 4 17 an animal feeding operation structure which is part of 4 18 a confinement feeding operation shall not be approved, 4 19 unless the applicant submits a form certified by the 4 20 county board of supervisors stating that the applicant 4 21 satisfies the security evidence of financial 4 22 responsibility requirements of section 204.4A. 4 23 c. The department shall not approve a permit for 4 24 the construction of three or more animal feeding 4 25 operation structures unless the applicant files a 4 26 statement approved by a professional engineer 4 27 registered pursuant to chapter 542B certifying that 4 28 the construction of the animal feeding operation 4 29 structure will not impede the drainage through 4 30 established drainage tile lines which cross property 4 31 boundary lines unless measures are taken to 4 32 reestablish the drainage prior to completion of 4 33 construction.The department shall deposit moneys4 34collected in indemnity fees in the manure storage4 35indemnity fund created in section 204.2.4 36 d. The department shall issue a permit for an 4 37 animal feeding operation, if an application is 4 38 submitted according to procedures required by the 4 39 department, and the application meets standards 4 40 established by the department, regardless of whether 4 41 the animal feeding operation is required to obtain 4 42 such a permit. 4 43 e. An applicant for a construction permit shall 4 44 not begin construction at the location of a site 4 45 planned for the construction of an animal feeding 4 46 operation structure, until the person has been granted 4 47 a permit for the construction of the structure by the 4 48 department. The department shall make a determination 4 49 regarding the approval or denial of a permit within 4 50 sixty days from the date that the department receives 5 1 a completed application for a permit. However, the 5 2 sixty-day requirement shall not apply to an 5 3 application, if the applicant is not required to 5 4 obtain a permit in order to construct an animal 5 5 feeding operation structure or to operate an animal 5 6 feeding operation. 5 7 f. The department shall deliver a copy or require 5 8 the applicant to deliver a copy of the application for 5 9 a construction permit to the county board of 5 10 supervisors in the county where the confinement 5 11 feeding operation or confinement feeding operation 5 12 structure subject to the permit is to be located. The 5 13 department shall not approve the application or issue 5 14 a construction permit until thirty days following 5 15 delivery of the application to the county board of 5 16 supervisors. The department shall consider comments 5 17 from the county board of supervisors, regarding 5 18 compliance by the applicant with the legal 5 19 requirements for the construction of the confinement 5 20 feeding operation structure as provided in this 5 21 chapter, and rules adopted by the department pursuant 5 22 to this chapter, if the comments are delivered to the 5 23 department within fourteen days after receipt of the 5 24 application by the county board of supervisors. 5 25 g. Prior to granting a permit to a person for the 5 26 construction of an animal feeding operation, the 5 27 department may require the installation and operation 5 28 of a hydrological monitoring system for an exclusively 5 29 earthen manure storage structure, if, after an on-site 5 30 inspection, the department determines that the site 5 31 presents an extraordinary potential for groundwater 5 32 pollution. 5 33 h. A person shall not obtain a permit for the 5 34 construction of a confinement feeding operation, 5 35 unless the person develops a manure management plan as 5 36 provided in section 455B.203. 5 37 i. The department shall not issue a permit to a 5 38 person under this subsection if an enforcement action 5 39 by the department, relating to a violation of this 5 40 chapter concerning a confinement feeding operation in 5 41 which the person has an interest, is pending. The 5 42 department shall not issue a permit to a person under 5 43 this subsection for five years after the date of the 5 44 last violation committed by a person or confinement 5 45 feeding operation in which the person holds a 5 46 controlling interest during which the person or 5 47 operation was classified as a habitual violator under 5 48 section 455B.191. The department shall conduct an 5 49 annual review of each confinement feeding operation 5 50 which is a habitual violator and each confinement 6 1 feeding operation in which a habitual violator holds a 6 2 controlling interest. The department shall notify 6 3 persons classified as habitual violators of their 6 4 classification, additional restrictions imposed upon 6 5 the persons pursuant to the classification, and 6 6 special civil penalties that may be imposed upon the 6 7 persons. The notice shall be sent to the persons by 6 8 certified mail. 6 9 Sec. . NEW SECTION. 455B.202 SECURITY 6 10 EVIDENCE OF FINANCIAL RESPONSIBILITY. 6 11 If the department receives notice that security 6 12 evidence of financial responsibility has been 6 13 terminated and has not been replaced as provided in 6 14 section 204.4A, the department shall immediately 6 15 inspect the confinement feeding operation required to 6 16 maintain the security evidence of financial 6 17 responsibility. The confinement feeding operation 6 18 shall depopulate animals maintained in the confinement 6 19 feeding operation within thirty days from the date of 6 20 the termination, unless the security evidence of 6 21 financial responsibility has been replaced as provided 6 22 in section 204.4A. The confinement feeding operation 6 23 may be repopulated after the security evidence of 6 24 financial responsibility is replaced." 6 25 #2. Title page, line 1, by inserting after the 6 26 word "Act" the following: "relating to agriculture, 6 27 by providing for animal feeding operations,". 6 28 6 29 6 30 6 31 FREVERT of Palo Alto 6 32 SF 473.302 77 6 33 da/cf/28
Text: H01697 Text: H01699 Text: H01600 - H01699 Text: H Index Bills and Amendments: General Index Bill History: General Index
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