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PAG LIN 1 1 Amend House File 2494, as amended, passed, and 1 2 reprinted by the House, as follows: 1 3 #1. By striking everything after the enacting 1 4 clause and inserting the following: 1 5 "Section 1. NEW SECTION. 7D.10A ALLOCATION TO 1 6 MANURE STORAGE INDEMNITY FUND. 1 7 If moneys are not sufficient to support the manure 1 8 storage indemnity fund as provided in chapter 204, the 1 9 executive council may allocate from moneys in the 1 10 general fund of the state, which are not otherwise 1 11 obligated or encumbered, an amount to the manure 1 12 storage indemnity fund as provided under section 1 13 204.2. However, not more than a total of one million 1 14 dollars shall be allocated to the manure storage 1 15 indemnity fund at any time. 1 16 Sec. 2. Section 204.1, subsections 4, 8, and 9, 1 17 Code 1997, are amended to read as follows: 1 18 4. "Department" means the department of 1 19agriculture and land stewardshipnatural resources. 1 20 8. "Manure storage structure" meansa structure1 21used to store manure as part of a confinement feeding1 22operation subject to a construction permit issued by1 23the department of natural resources pursuant to1 24section 455B.173. A manure storage structure1 25includes, but is not limited to, an anaerobic lagoon,1 26formed manure storage structure, or earthen manure1 27storage basin,the same as defined in section455B.1611 28 455B.171. 1 29 9. "Permittee" means a person who, pursuant to 1 30 section 455B.200A, obtains a permit for the 1 31 construction of a manure storage structure, or a 1 32 confinement feeding operation, if a manure storage 1 33 structure is connected to the confinement feeding 1 34 operation. 1 35 Sec. 3. Section 204.2, subsections 2, 3, and 5, 1 36 Code 1997, are amended to read as follows: 1 37 2. The fund consists of moneys from indemnity fees 1 38 remitted by permittees to the departmentof natural1 39resources and transferred to the department of1 40agriculture and land stewardshipas provided in 1 41 section 204.3; moneys from indemnity fees remitted by 1 42 persons required to submit manure management plans to 1 43 the department pursuant to section 204.3A; sums 1 44 collected on behalf of the fund by the department 1 45 through legal action or settlement; moneys required to 1 46 be repaid to the department by a county pursuant to 1 47 this chapter; civil penalties assessed and collected 1 48 by the departmentof natural resourcesor the attorney 1 49 general pursuant to chapter 455B, againstpermittees1 50 animal feeding operations; moneys paid as a settlement 2 1 involving an enforcement action for a civil penalty 2 2 subject to assessment and collection against 2 3 permittees by the departmentof natural resourcesor 2 4 the attorney general pursuant to chapter 455B; 2 5 interest, property, and securities acquired through 2 6 the use of moneys in the fund; or moneys contributed 2 7 to the fund from other sources. 2 8 3. The moneys collected under this sectionand2 9 shall be deposited in the fund and shall be 2 10 appropriated to the department for the exclusive 2 11 purpose ofindemnifying a county for expenses related2 12to cleaning up the site of the confinement feeding2 13operation, including removing and disposing of manure2 14from a manure storage structureproviding moneys for 2 15 cleanup of abandoned facilities as provided in section 2 16 204.4, and to pay the department for costs related to 2 17 administering the provisions of this chapter. For 2 18 each fiscal year, the department shall not use more 2 19 than one percent of the total amount which is 2 20 available in the fund or ten thousand dollars, 2 21 whichever is less, to pay for the costs of 2 22 administration. Moneys in the fund shall not be 2 23 subject to appropriation or expenditure for any other 2 24 purpose than provided in this section. 2 25 5. The following shall apply to moneys in the 2 26 fund: 2 27 a. On August 31 following the close of each fiscal 2 28 year, moneys in the fund which are not obligated or 2 29 encumbered on June 30 of the past fiscal year,less2 30 not counting the department's estimate of the cost to 2 31 the fund for pending or unsettled claims and any 2 32 amount required to be credited to the general fund of 2 33 the state under this subsection,and which arein 2 34 excess ofonethree million dollars,shall be 2 35 deposited in the organic nutrient management fund as 2 36 created in section 161C.5 for purposes of supporting 2 37 the organic nutrient management program. 2 38 b. The executive council may allocate moneys from 2 39 the general fund of the state as provided in section 2 40 7D.10A in an amount necessary to support the fund, 2 41 including payment of claims as provided in section 2 42 204.4. However, an allocation of moneys from the 2 43 general fund of the state shall be made only if the 2 44 amount of moneys in the fund, which are not obligated 2 45 or encumbered, and not counting the department's 2 46 estimate of the cost to the fund for pending or 2 47 unsettled claims and any amount required to be 2 48 credited to the general fund of the state under this 2 49 subsection, is less than one million dollars. 2 50 c. The department shall credit an amount to the 3 1 general fund of the state which is equal to an amount 3 2 allocated to the fund by the executive council under 3 3 paragraph "b". The department shall credit the moneys 3 4 to the general fund of the state, if the moneys in the 3 5 fund which are not obligated or encumbered, and not 3 6 counting the department's estimate of the cost to the 3 7 fund for pending or unsettled claims and any amount 3 8 required to be transferred to the general fund under 3 9 this paragraph, are in excess of two million five 3 10 hundred thousand dollars. The department is not 3 11 required to credit the total amount to the general 3 12 fund of the state during any one fiscal year. 3 13 Sec. 4. Section 204.3, Code 1997, is amended to 3 14 read as follows: 3 15 204.3 FEES. 3 16 An indemnity fee shall be assessed upon permittees 3 17 which shall be paid to and collected by the department 3 18of natural resources, prior to issuing a permit for 3 19 the construction of a confinement feeding operation as 3 20 provided in section455B.173455B.200A. The amount of 3 21 the fees shall be based on the following: 3 22 1. If the confinement feeding operation has an 3 23 animal weight capacity of less than six hundred 3 24 twenty-five thousand pounds, the following shall 3 25 apply: 3 26 a. For all animals other than poultry, the amount 3 27 of the fee shall befiveten cents per animal unit of 3 28 capacity for confinement feeding operations. 3 29 b. For poultry, the amount of the fee shall betwo3 30 four cents per animal unit of capacity for confinement 3 31 feeding operations. 3 32 2. If the confinement feeding operation has an 3 33 animal weight capacity of six hundred twenty-five 3 34 thousand or more pounds but less than one million two 3 35 hundred fifty thousand pounds, the following shall 3 36 apply: 3 37 a. For all animals other than poultry, the amount 3 38 of the fee shall beseven and one-halffifteen cents 3 39 per animal unit of capacity for confinement feeding 3 40 operations. 3 41 b. For poultry, the amount of the fee shall be 3 42threesix cents per animal unit of capacity for 3 43 confinement feeding operations. 3 44 3. If the confinement feeding operation has an 3 45 animal weight capacity of one million two hundred 3 46 fifty thousand or more pounds, the following shall 3 47 apply: 3 48 a. For all animals other than poultry, the amount 3 49 of the fee shall betentwenty cents per animal unit 3 50 of capacity for confinement feeding operations. 4 1 b. For poultry, the amount of the fee shall be 4 2foureight cents per animal unit of capacity for 4 3 confinement feeding operations. 4 4 The departmentof natural resourcesshall deposit 4 5 moneys collected from the fees into the fund according 4 6 to procedures adopted by the departmentof agriculture4 7and land stewardship. 4 8 Sec. 5. NEW SECTION. 204.3A MANURE MANAGEMENT 4 9 PLAN INDEMNITY FEE REQUIRED. 4 10 An indemnity fee shall be assessed upon persons 4 11 required to submit a manure management plan as 4 12 provided in section 455B.203, but not required to 4 13 obtain a construction permit pursuant to section 4 14 455B.200A. The amount of the fees shall be ten cents 4 15 per animal unit of capacity for confinement feeding 4 16 operations. 4 17 Sec. 6. Section 204.4, subsections 1 and 2, Code 4 18 1997, is amended to read as follows: 4 19 1. A county that has acquired real estate 4 20 containing a manure storage structure following 4 21 nonpayment of taxes pursuant to section 446.19, may 4 22 make a claim against the fund to paythe costs of4 23cleaning up the site of the confinement feeding4 24operation, including the costs of removing and4 25disposing of the manure from a manure storage4 26structurecleanup costs incurred by the county as 4 27 provided in section 204.5. Each claim shall include a 4 28 bid by a qualified person, other than a governmental 4 29 entity, to remove and dispose of the manure for a 4 30 fixed amount specified in the bid. 4 31 2.TheIf a county provides cleanup under section 4 32 204.5 after acquiring real estate following nonpayment 4 33 of taxes, the department shall determine if a claim is 4 34 eligible to be satisfied under thissection4 35 subsection, and do one of the following: 4 36 a. Pay the amount of the claim required in this 4 37 section, based on the fixed amount specified in the 4 38 bid submitted by the county upon completion of the 4 39 work. 4 40 b. Obtain a lower fixed amount bid for the work 4 41 from another qualified person, other than a 4 42 governmental entity, and pay the amount of the claim 4 43 required in this section, based on the fixed amount in 4 44 this bid upon completion of the work. The department 4 45 is not required to comply with section 18.6 in 4 46 implementing this section. 4 47 2A. If a county provides cleanup of a condition 4 48 causing a clear, present, and impending danger to the 4 49 public health or environment, as provided in section 4 50 204.5, the county may make a claim against the fund to 5 1 pay cleanup costs incurred by the county, according to 5 2 procedures and requirements established by rules 5 3 adopted by the department. The department shall 5 4 determine if a claim is eligible to be satisfied under 5 5 this subsection, and pay the amount of the claim 5 6 required in this section. 5 7 Sec. 7. NEW SECTION. 204.4A USE OF FUND FOR 5 8 EMERGENCY CLEANUP. 5 9 If the department provides cleanup of a condition 5 10 caused by a confinement feeding operation as provided 5 11 in section 204.5, the department may use moneys in the 5 12 fund for purposes of supporting the cleanup. The 5 13 department shall reimburse the fund from moneys 5 14 recovered by the department as reimbursement for the 5 15 cleanup as provided in section 204.5. 5 16 Sec. 8. Section 204.5, Code 1997, is amended to 5 17 read as follows: 5 18 204.5SITECLEANUP. 5 19 1. a. A countywhichthat has acquired real 5 20 estatecontainingon which there is located a 5 21 confinement feeding operationstructure, as defined in5 22section 455B.161, following the nonpayment of taxes 5 23 pursuant to section 446.19, mayclean up the site5 24 provide for cleanup, including removing and disposing 5 25 of manure at any time, remediating contamination which 5 26 originates from the confinement feeding operation, or 5 27 demolishing and disposing of structures relating to 5 28 the confinement feeding operation. The county may 5 29 seek reimbursement including by bringing an action for 5 30 the costs of theremoval and disposalcleanup from the 5 31 person abandoning the real estate. 5 32 b. If the confinement feeding operation has caused 5 33 a clear, present, and impending danger to the public 5 34 health or the environment, the department may clean up 5 35 the confinement feeding operation and remediate 5 36 contamination which originates from the confinement 5 37 feeding operation, pursuant to sections 455B.381 5 38 through 455B.399. If the department fails to commence 5 39 cleanup within twenty-four hours after being notified 5 40 of a condition requiring cleanup, the county may 5 41 provide for the cleanup as provided in this paragraph. 5 42 The department or county may seek reimbursement 5 43 including by bringing an action for the costs of the 5 44 cleanup from a person liable for causing the 5 45 condition. 5 46 2. A person cleaning up asiteconfinement feeding 5 47 operation located on real estate acquired by a county 5 48 may demolish or dispose of any building or equipment 5 49used inof the confinement feeding operation located 5 50 on the land according to rules adopted by the 6 1 departmentof natural resourcespursuant to chapter 6 2 17A, which apply to the disposal of farm buildings or 6 3 equipment by an individual or business organization. 6 4 Sec. 9. NEW SECTION. 331.304A LIMITATIONS ON 6 5 COUNTY LEGISLATION. 6 6 1. As used in this section: 6 7 a. "Aerobic structure", "animal", "animal feeding 6 8 operation", "animal feeding operation structure", and 6 9 "manure" mean the same as defined in section 455B.161. 6 10 b. "County legislation" means any ordinance, 6 11 motion, resolution, or amendment adopted by a county 6 12 pursuant to section 331.302. 6 13 2. A county shall not adopt or enforce county 6 14 legislation regulating a condition or activity 6 15 occurring on land used for the production, care, 6 16 feeding, or housing of animals unless the regulation 6 17 of the production, care, feeding, or housing of 6 18 animals is expressly authorized by state law. County 6 19 legislation adopted in violation of this section is 6 20 void and unenforceable and any enforcement activity 6 21 conducted in violation of this section is void. A 6 22 condition or activity occurring on land used for the 6 23 production, care, feeding, or housing of animals 6 24 includes but is not limited to the construction, 6 25 operation, or management of an animal feeding 6 26 operation, an animal feeding operation structure, or 6 27 aerobic structure, and to the storage, handling, or 6 28 application of manure or egg washwater. 6 29 Sec. 10. Section 455B.104, Code 1997, is amended 6 30 to read as follows: 6 31 455B.104 DEPARTMENTAL DUTIES PERMITS 6 32 REQUIREMENTS AND ASSISTANCE. 6 33 1. The department shall either approve or deny a 6 34 permit to a person applying for a permit under this 6 35 chapter, within six months from the date that the 6 36 department receives a completed application for the 6 37 permit. An application which is not approved or 6 38 denied within the six-month period shall be approved 6 39 by default. The department shall issue a permit to 6 40 the applicant within ten days following the date of 6 41 default approval. However, thissectionsubsection 6 42 shall not apply to applications for permits which are 6 43 issued under division II,or division IV, parts 2 6 44 through 7. 6 45 2. For five years after the date of the last 6 46 violation of this chapter committed by a person or by 6 47 a confinement feeding operation in which the person 6 48 holds a controlling interest during which the person 6 49 or confinement feeding operation was classified as a 6 50 habitual violator under section 455B.191, all of the 7 1 following shall apply: 7 2 a. The department may not issue a new permit under 7 3 this chapter to the person or confinement feeding 7 4 operation. 7 5 b. The department may revoke or refuse to renew an 7 6 existing permit issued under this chapter, to the 7 7 person or confinement feeding operation, if the permit 7 8 relates to a confinement feeding operation, and the 7 9 department determines that the continued operation of 7 10 the confinement feeding operation under the existing 7 11 permit constitutes a clear, present, and impending 7 12 danger to the public health or environment. 7 13 3. The department shall assist persons applying 7 14 for assistance to establish and operate renewable fuel 7 15 production facilities pursuant to the value-added 7 16 agricultural products and processes financial 7 17 assistance program established in section 15E.111. 7 18 Sec. 11. Section 455B.110, Code 1997, is amended 7 19 to read as follows: 7 20 455B.110 ANIMAL FEEDING OPERATIONSCOMMISSION7 21APPROVAL OFINVESTIGATIONS AND ENFORCEMENT ACTIONS. 7 22 1. A person may file a complaint alleging that an 7 23 animal feeding operation is in violation of this 7 24 chapter, including rules adopted by the department, or 7 25 environmental standards or regulations subject to 7 26 federal law and enforced by the department. 7 27 a. The complaint may be filed with the department 7 28 according to procedures required by the department or 7 29 with the county board of supervisors in the county 7 30 where the violation is alleged to have occurred, 7 31 according to procedures required by the board. The 7 32 county auditor may accept the complaint on behalf of 7 33 the board. 7 34 b. If the county board of supervisors receives a 7 35 complaint, it shall conduct a review to determine if 7 36 the allegation contained in the complaint constitutes 7 37 a violation, without investigating whether the facts 7 38 supporting the allegation are true or untrue. 7 39 (1) If the county board of supervisors determines 7 40 that the allegation does not constitute a violation, 7 41 it shall notify the complainant, the animal feeding 7 42 operation which is the subject of the complaint, and 7 43 the department, according to rules adopted by the 7 44 department. 7 45 (2) If the county board of supervisors determines 7 46 that the allegation constitutes a violation, it shall 7 47 forward the complaint to the department which shall 7 48 investigate the complaint as provided in this section. 7 49 c. If the department receives a complaint from a 7 50 complainant or a county forwarding a complaint, the 8 1 department shall conduct an investigation of the 8 2 complaint, if the department determines that the 8 3 complaint is legally sufficient and an investigation 8 4 is justified. The department shall receive a 8 5 complaint filed by a complainant, regardless of 8 6 whether the complainant has filed a complaint with a 8 7 county board of supervisors. 8 8 (1) The department in its discretion shall 8 9 determine the urgency of the investigation, and the 8 10 time and resources required to complete the 8 11 investigation, based upon the circumstances of the 8 12 case, including the severity of a threat to the 8 13 quality of surface or subsurface water. 8 14 (2) The department shall notify the county board 8 15 of supervisors in the county where the violation is 8 16 alleged to occur prior to investigating the premises 8 17 of the alleged violation. However, the department is 8 18 not required to provide notice if the department 8 19 determines that a clear, present, and impending danger 8 20 to the public health or environment requires immediate 8 21 action. 8 22 (3) The county board of supervisors may designate 8 23 a county employee to accompany a departmental official 8 24 during the investigation of the premises of a 8 25 confinement feeding operation. The county designee 8 26 shall have the same right of access to the real estate 8 27 of the premises as the departmental official 8 28 conducting the inspection during the period that the 8 29 county accompanies the departmental official. 8 30 (4) Upon the completion of an investigation, the 8 31 department shall notify the complainant of the results 8 32 of the investigation, including any anticipated, 8 33 pending, or completed enforcement action arising from 8 34 the investigation. The department shall deliver a 8 35 copy of the notice to the animal feeding operation 8 36 that is the subject of the complaint and the board of 8 37 supervisors of the county where the violation is 8 38 alleged to have occurred. 8 39 d. A county board of supervisors or the department 8 40 is not required to divulge information regarding the 8 41 identity of the complainant. 8 42 2. When entering the premises of an animal feeding 8 43 operation, a person who is a departmental official, an 8 44 agent of the department, or a person accompanying the 8 45 departmental official or agent shall comply with 8 46 section 455B.103. The person shall also comply with 8 47 standard biosecurity requirements customarily required 8 48 by the animal feeding operation which are necessary in 8 49 order to control the spread of disease among an animal 8 50 population. 9 1 3. The department shall not initiate an 9 2 enforcement action in response to a violation by an 9 3 animal feeding operation as provided in this chapter 9 4 or a rule adopted pursuant to this chapter, or request 9 5 the commencement of legal action by the attorney 9 6 general pursuant to section 455B.141, unless the 9 7 commission has approved the intended action. This 9 8sectionsubsection shall not apply to an enforcement 9 9 action in which the department enforces a civil 9 10 penalty of three thousand dollars or less. This 9 11sectionsubsection shall also not apply to an order to 9 12 terminate an emergency issued by the director pursuant 9 13 to section 455B.175. 9 14 Sec. 12. Section 455B.161, Code 1997, is amended 9 15 by adding the following new subsections: 9 16 NEW SUBSECTION. 0A. "Aerobic structure" means an 9 17 animal feeding operation structure other than an egg 9 18 washwater storage structure which employs bacterial 9 19 action which is maintained by the utilization of air 9 20 or oxygen and which includes aeration equipment. 9 21 NEW SUBSECTION. 5A. "Cemetery" means a space held 9 22 for the purpose of permanent burial, entombment, or 9 23 interment of human remains that is owned or managed by 9 24 a political subdivision or private entity, or a 9 25 cemetery regulated pursuant to chapter 523I or 566A. 9 26 However, "cemetery" does not include a pioneer 9 27 cemetery as defined in section 331.325. 9 28 NEW SUBSECTION. 19A. "Spray irrigation equipment" 9 29 means the same as defined in section 455B.171. 9 30 NEW SUBSECTION. 21. "Unformed manure storage 9 31 structure" means a covered or uncovered animal feeding 9 32 operation structure in which manure is stored, other 9 33 than a formed manure storage structure, which is an 9 34 anaerobic lagoon, aerobic structure, or earthen manure 9 35 storage basin. 9 36 Sec. 13. Section 455B.161, subsection 17, Code 9 37 1997, is amended to read as follows: 9 38 17. "Public use area" meansthatany of the 9 39 following: 9 40 a. A portion of land owned by the United States, 9 41 the state, or a political subdivision with facilities 9 42 which attract the public to congregate and remain in 9 43 the area for significant periods of time, as provided 9 44 by rules which shall be adopted by the department 9 45 pursuant to chapter 17A. 9 46 b. A cemetery. 9 47 Sec. 14. NEW SECTION. 455B.161A CONFINEMENT 9 48 FEEDING OPERATIONS SPECIAL TERMS. 9 49 For purposes of this part, all of the following 9 50 shall apply: 10 1 1. Two or more confinement feeding operations are 10 2 adjacent if all of the following apply: 10 3 a. An animal feeding operation structure which is 10 4 part of one confinement feeding operation is located 10 5 within the following distance from an animal feeding 10 6 operation structure which is part of the other 10 7 confinement feeding operation: 10 8 (1) One thousand two hundred fifty feet for all of 10 9 the following: 10 10 (a) Confinement feeding operations having an 10 11 animal weight capacity of less than one million two 10 12 hundred fifty thousand pounds for animals other than 10 13 bovine. 10 14 (b) Confinement feeding operations having an 10 15 animal weight capacity of less than four million 10 16 pounds for bovine. 10 17 (2) One thousand five hundred feet for all of the 10 18 following: 10 19 (a) Confinement feeding operations having an 10 20 animal weight capacity of one million two hundred 10 21 fifty thousand pounds or more but less than two 10 22 million pounds for animals other than swine kept in a 10 23 farrow-to-finish operation or bovine. 10 24 (b) Confinement feeding operations having an 10 25 animal weight capacity of one million two hundred 10 26 fifty thousand pounds or more but less than two 10 27 million five hundred thousand pounds for swine kept in 10 28 a farrow-to-finish operation. 10 29 (c) Confinement feeding operations having an 10 30 animal weight capacity of four million or more pounds 10 31 but less than six million pounds for bovine. 10 32 (3) Two thousand five hundred feet for all of the 10 33 following: 10 34 (a) Confinement feeding operations having an 10 35 animal weight capacity of two million pounds or more 10 36 for animals other than swine kept in a farrow-to- 10 37 finish operation or bovine. 10 38 (b) Confinement feeding operations having an 10 39 animal weight capacity of two million five hundred 10 40 thousand pounds for swine kept in a farrow-to-finish 10 41 operation. 10 42 (c) Confinement feeding operations having an 10 43 animal weight capacity of six million or more pounds 10 44 for bovine. 10 45 b. An animal feeding operation structure subject 10 46 to the distance requirements of this subsection is 10 47 constructed after March 20, 1996. 10 48 2. An animal feeding operation structure is 10 49 "constructed" when any of the following occurs: 10 50 a. Excavation for a proposed animal feeding 11 1 operation structure or proposed expansion of an 11 2 existing animal feeding operation structure, including 11 3 excavation for the footings of the animal feeding 11 4 operation structure. 11 5 b. Forms for concrete are installed for a proposed 11 6 animal feeding operation structure or the proposed 11 7 expansion of an existing animal feeding operation 11 8 structure. 11 9 c. Piping for the movement of manure is installed 11 10 within or between animal feeding operation structures 11 11 as proposed or proposed to be expanded. 11 12 Sec. 15. Section 455B.162, unnumbered paragraph 1, 11 13 Code 1997, is amended to read as follows: 11 14 The following shall apply to animal feeding 11 15 operation structures: 11 16 1. Except as provided in subsection 2, and 11 17 sections 455B.163 and 455B.165, this subsection 11 18 applies to animal feeding operation structures 11 19 constructed on or after May 31, 1995, but prior to the 11 20 effective date of this section; and to the expansion 11 21 of structures constructedon or after May 31, 1995;11 22or, except as provided in section 455B.163, to the11 23expansion of structures constructedprior toMay 31,11 241995:the effective date of this section. 11 25 Sec. 16. Section 455B.162, subsection 1, Code 11 26 1997, is amended to read as follows: 11 271. Except as provided in subsection 2, the11 28following table shall apply to animal feeding11 29operation structures:11 30a.The following table represents the minimum 11 31 separation distance in feet required between an animal 11 32 feeding operation structure and a residence not owned 11 33 by the owner of the animal feeding operation, or a 11 34 commercial enterprise, bona fide religious 11 35 institution, or an educational institution: 11 36 Minimum 11 37 separation 11 38 distance in 11 39 feet for 11 40 operations 11 41 Minimum having an 11 42 separation animal Minimum 11 43 distance in weight separation 11 44 feet for capacity of distance in 11 45 operations 625,000 or feet for 11 46 having an more pounds operations 11 47 animal but less than having an 11 48 weight 1,250,000 animal 11 49 capacity of pounds for weight 11 50 less than animals other capacity of 12 1 625,000 than bovine, 1,250,000 or 12 2 pounds for or 1,600,000 more pounds 12 3 animals other or more for animals 12 4 than bovine, pounds but other than 12 5 or less than less than bovine, or 12 6 1,600,000 4,000,000 4,000,000 or 12 7 pounds for pounds for more pounds 12 8 Type of structure bovine bovine for bovine 12 9 Anaerobic 12 10 lagoon 1,250 1,875 2,500 12 11 Uncovered earthen 12 12 manure storage 12 13 basin 1,250 1,875 2,500 12 14 Uncovered formed 12 15 manure storage 12 16 structure 1,000 1,500 2,000 12 17 Covered earthen 12 18 manure storage 12 19 basin 750 1,000 1,500 12 20 Covered formed 12 21 manure storage 12 22 structure 750 1,000 1,500 12 23 Confinement 12 24 building 750 1,000 1,500 12 25 Egg washwater 12 26 storage structure 750 1,000 1,500 12 27 1A. Except as provided in subsection 2, and 12 28 sections 455B.163 and 455B.165, this subsection 12 29 applies to animal feeding operation structures 12 30 constructed on or after the effective date of this 12 31 section and to the expansion of structures constructed 12 32 on or after the effective date of this section. The 12 33 following table represents the minimum separation 12 34 distance in feet required between an animal feeding 12 35 operation structure and a residence not owned by the 12 36 owner of the animal feeding operation, or a commercial 12 37 enterprise, bona fide religious institution, or an 12 38 educational institution: 12 39 Minimum 12 40 separation 12 41 distance in 12 42 feet for 12 43 operations 12 44 Minimum having an 12 45 separation animal Minimum 12 46 distance in weight separation 12 47 feet for capacity of distance in 12 48 operations 625,000 or feet for 12 49 having an more pounds operations 12 50 animal but less than having an 13 1 weight 1,250,000 animal 13 2 capacity of pounds for weight 13 3 less than animals other capacity of 13 4 625,000 than bovine, 1,250,000 or 13 5 pounds for or 1,600,000 more pounds 13 6 animals other or more for animals 13 7 than bovine, pounds but other than 13 8 or less than less than bovine, or 13 9 1,600,000 4,000,000 4,000,000 or 13 10 pounds for pounds for more pounds 13 11 Type of structure bovine bovine for bovine 13 12 Anaerobic 13 13 lagoon 1,250 1,875 2,500 13 14 Uncovered earthen 13 15 manure storage 13 16 basin 1,250 1,875 2,500 13 17 Uncovered formed 13 18 manure storage 13 19 structure 1,250 1,500 2,000 13 20 Covered earthen 13 21 manure storage 13 22 basin 1,000 1,250 1,875 13 23 Covered formed 13 24 manure storage 13 25 structure 1,000 1,250 1,875 13 26 Confinement 13 27 building 1,000 1,250 1,875 13 28 Egg washwater 13 29 storage 13 30 structure 750 1,000 1,500 13 31b.1B. Except as provided in subsection 2, and 13 32 sections 455B.163 and 455B.165, this subsection 13 33 applies to animal feeding operation structures 13 34 constructed on or after May 31, 1995; to the expansion 13 35 of structures constructed on or after May 31, 1995; 13 36 and to the expansion of structures constructed prior 13 37 to May 31, 1995. The following table represents the 13 38 minimum separation distance in feet required between 13 39 animal feeding operation structures and a public use 13 40 area or a residence not owned by the owner of the 13 41 animal feeding operation, a commercial enterprise, a 13 42 bona fide religious institution, or an educational 13 43 institution located within the corporate limits of a 13 44 city: 13 45 Minimum 13 46 separation 13 47 distance in 13 48 feet for 13 49 operations 13 50 Minimum having an 14 1 separation animal Minimum 14 2 distance in weight separation 14 3 feet for capacity of distance in 14 4 operations 625,000 or feet for 14 5 having an more pounds operations 14 6 animal but less than having an 14 7 weight 1,250,000 animal 14 8 capacity of pounds for weight 14 9 less than animals other capacity of 14 10 625,000 than bovine, 1,250,000 or 14 11 pounds for or 1,600,000 more pounds 14 12 animals other or more for animals 14 13 than bovine, pounds but other than 14 14 or less than less than bovine, or 14 15 1,600,000 4,000,000 4,000,000 or 14 16 pounds for pounds for more pounds 14 17 Type of structure bovine bovine for bovine 14 18 Animal feeding 14 19 operation 14 20 structure 1,250 1,875 2,500 14 21 1C. Except as provided in section 455B.165, on and 14 22 after the effective date of this section an animal 14 23 feeding operation structure shall not be constructed 14 24 or expanded within one hundred feet from a 14 25 thoroughfare, including a road, street, or bridge 14 26 which is constructed or maintained by the state or a 14 27 political subdivision. 14 28 1D. Except as provided in section 455B.165, a 14 29 person shall not apply liquid manure from a 14 30 confinement feeding operation on land located within 14 31 seven hundred fifty feet from a residence not owned by 14 32 the titleholder of the land, a commercial enterprise, 14 33 a bona fide religious institution, an educational 14 34 institution, or a public use area. 14 35 Sec. 17. Section 455B.162, subsection 2, paragraph 14 36 a, Code 1997, is amended to read as follows: 14 37 a. As used in this subsection, a "qualified 14 38 confinement feeding operation" means a confinement 14 39 feeding operation having an animal weight capacity of 14 40 two million or more pounds for animals other than 14 41 animals kept in a swine farrow-to-finish operation or 14 42 bovine kept in a confinement feeding operation; a 14 43 swine farrow-to-finish operation having an animal 14 44 weight capacity of two million five hundred thousand 14 45 or more pounds; or a confinement feeding operation 14 46 having an animal weight capacity ofsixeight million 14 47 or more pounds for bovine. 14 48 Sec. 18. Section 455B.163, Code 1997, is amended 14 49 to read as follows: 14 50 455B.163 SEPARATION DISTANCE REQUIREMENTS FOR 15 1 ANIMAL FEEDING OPERATIONS EXPANSION OFSTRUCTURES15 2CONSTRUCTED PRIOR TO MAY 31, 1995PRIOR CONSTRUCTED 15 3 OPERATIONS. 15 4 An animal feeding operation constructed or expanded 15 5 prior to the date that a distance requirement became 15 6 effective under section 455B.162 and which does not 15 7 comply with the section's distancerequirements of15 8section 455B.162 on May 31, 1995,requirement may 15 9 continue to operate regardless ofthose separation15 10distancesthe distance requirement. The animal 15 11 feeding operation may be expandedon or after May 31,15 121995, regardless of those separation distances,if 15 13eitherany of the following applies: 15 14 1. a.TheAn animal feeding operation structure 15 15 as constructed or expanded prior to the effective date 15 16 of this section, complies with the distance 15 17 requirementsofapplying to that structure as provided 15 18 in section 455B.162. 15 19 b. An animal feeding operation structure as 15 20 constructed or expanded on or after the effective date 15 21 of this section complies with the distance 15 22 requirements applying to that structure as provided in 15 23 section 455B.162. 15 24 2. All of the following apply to the expansion of 15 25 the animal feeding operation: 15 26 a. No portion of the animal feeding operation 15 27 after expansion is closer than before expansion to a 15 28 location or object for which separation is required 15 29 under section 455B.162. 15 30 b. The animal weight capacity of the animal 15 31 feeding operation as expanded is not more than the 15 32 lesser of the following: 15 33 (1) Double its capacity on May 31, 1995, for an 15 34 animal feeding operation structure constructed prior 15 35 to the effective date of this section, or on the 15 36 effective date of this section, for an animal feeding 15 37 operation structure constructed on or after the 15 38 effective date of this section. 15 39 (2) Either of the following: 15 40 (a) Six hundred twenty-five thousand pounds animal 15 41 weight capacity for animals other than bovine. 15 42 (b) One million six hundred thousand pounds animal 15 43 weight capacity for bovine. 15 44 3. The animal feeding operation was constructed 15 45 prior to the effective date of this section and is 15 46 expanded by replacing one or more unformed manure 15 47 storage structures with one or more formed manure 15 48 storage structures, if all of the following apply: 15 49 a. The animal weight capacity is not increased for 15 50 that portion of the animal feeding operation that 16 1 utilizes all replacement formed manure storage 16 2 structures. 16 3 b. Use of each replaced unformed manure storage 16 4 structure is discontinued within one year after the 16 5 construction of the replacement formed manure storage 16 6 structure. 16 7 c. The capacity of all replacement formed manure 16 8 storage structures does not exceed the amount required 16 9 to store manure produced by that portion of the animal 16 10 feeding operation utilizing the formed manure storage 16 11 structures during any fourteen-month period. 16 12 d. No portion of the replacement formed manure 16 13 storage structure is closer to an object or location 16 14 for which separation is required under section 16 15 455B.162 than any other animal feeding operation 16 16 structure which is part of the operation. 16 17 Sec. 19. Section 455B.164, Code 1997, is amended 16 18 to read as follows: 16 19 455B.164 DISTANCE MEASUREMENTS. 16 20 All distances between locations or objects provided 16 21 in this part shall be measured from their closest 16 22 points, as provided by rules adopted by the 16 23 department. However, a distance between a 16 24 thoroughfare and an animal feeding operation structure 16 25 shall be measured from the portion of the right-of-way 16 26 which is closest to the animal feeding operation 16 27 structure. 16 28 Sec. 20. Section 455B.165, subsections 2, 3, and 16 29 5, Code 1997, are amended to read as follows: 16 30 2. A confinement feeding operation structure, 16 31other than an earthen manure storage basin,if the 16 32 structure is part of a confinement feeding operation 16 33 which qualifies as a small animal feeding operation. 16 34 However, this subsection shall not apply if the 16 35 confinement feeding operation structure is an unformed 16 36 manure storage structure. 16 37 3. a. An animal feeding operation structure which 16 38 is constructed or expanded, if the titleholder of the 16 39 land benefiting from the distance separation 16 40 requirement executes a written waiver with the 16 41 titleholder of the land where the structure is 16 42 located,. If an animal feeding operation structure is 16 43 constructed or expanded within the separation distance 16 44 required between an animal feeding operation structure 16 45 and a thoroughfare as required pursuant to section 16 46 455B.162, the state or a political subdivision 16 47 constructing or maintaining the thoroughfare 16 48 benefiting from the distance separation requirement 16 49 may execute a written waiver with the titleholder of 16 50 the land where the structure is located. The animal 17 1 feeding operation structure shall be constructed or 17 2 expanded under such terms and conditions that the 17 3 parties negotiate. 17 4 b.TheA written waiver under this subsection 17 5 becomes effective only upon the recording of the 17 6 waiver in the office of the recorder of deeds of the 17 7 county in which the benefited land is located. The 17 8 filed waiver shall preclude enforcement by the state 17 9 ofthis partsection 455B.162 as it relates to a 17 10 distance requirement between the animal feeding 17 11 operation structure and the location or object 17 12 benefiting from the separation distance requirement. 17 13 5. An animal feeding operation structure which is 17 14locatedconstructed or expanded within any distance 17 15 from a residence, educational institution, commercial 17 16 enterprise, bona fide religious institution, city, or 17 17 public use area, if the residence, educational 17 18 institution, commercial enterprise, or bona fide 17 19 religious institution was constructed or expanded, or 17 20 the boundaries of the city or public use area were 17 21 expanded, after the date that the animal feeding 17 22 operation was established. The date the animal 17 23 feeding operation was established is the date on which 17 24 the animal feeding operation commenced operating. A 17 25 change in ownership or expansion of the animal feeding 17 26 operation shall not change the established date of 17 27 operation. 17 28 Sec. 21. Section 455B.165, Code 1997, is amended 17 29 by adding the following new subsections: 17 30 NEW SUBSECTION. 3A. An animal feeding operation 17 31 structure which is constructed or expanded within a 17 32 separation distance required between an animal feeding 17 33 operation structure and a thoroughfare as required 17 34 pursuant to section 455B.162, if permanent vegetation 17 35 stands between the animal feeding operation structure 17 36 and that part of the right-of-way from which the 17 37 separation distance is measured as provided in section 17 38 455B.164. The permanent vegetation must stand along 17 39 the full length of the animal feeding operation 17 40 structure. The permanent vegetation must be at least 17 41 seedlings and have a mature predicted height of at 17 42 least twenty feet. The department shall adopt rules 17 43 to carry out this subsection. 17 44 NEW SUBSECTION. 6. The application of liquid 17 45 manure on land within a separation distance required 17 46 between the applied manure and an object or location 17 47 for which separation is required under section 17 48 455B.162, if any of the following apply: 17 49 a. The liquid manure is injected into the soil or 17 50 incorporated within the soil not later than twenty- 18 1 four hours from the original application, as provided 18 2 by rules adopted by the commission. 18 3 b. The titleholder of the land benefiting from the 18 4 separation distance requirement executes a written 18 5 waiver with the titleholder of the land where the 18 6 manure is applied. 18 7 c. The liquid manure originates from a small 18 8 animal feeding operation. 18 9 d. The liquid manure is applied by spray 18 10 irrigation equipment using a center pivot mechanism as 18 11 provided by rules adopted by the department, if all of 18 12 the following apply: 18 13 (1) The spray irrigation equipment uses hoses 18 14 which discharge the liquid manure in a downward 18 15 direction at a height of not more than nine feet above 18 16 the soil. 18 17 (2) The spray irrigation equipment disperses 18 18 manure through an orifice at a rate of not more than 18 19 twenty-five pounds per square inch. 18 20 (3) The liquid manure is not applied within two 18 21 hundred fifty feet from a residence not owned by the 18 22 titleholder of the land, a commercial enterprise, a 18 23 bona fide religious institution, an educational 18 24 institution, or a public use area. 18 25 NEW SUBSECTION. 7. The distance between an animal 18 26 feeding operation structure and a cemetery, if any of 18 27 the following applies: 18 28 a. The animal feeding operation structure was 18 29 constructed or expanded prior to the effective date of 18 30 this section of this Act. 18 31 b. The construction or expansion of the animal 18 32 feeding operation structure began prior to the 18 33 effective date of this section of this Act. 18 34 Sec. 22. Section 455B.171, Code Supplement 1997, 18 35 is amended by adding the following new subsections: 18 36 NEW SUBSECTION. 0A. "Aerobic structure" means the 18 37 same as defined in section 455B.161. 18 38 NEW SUBSECTION. 1A. "Anaerobic lagoon" means the 18 39 same as defined in section 455B.161. 18 40 NEW SUBSECTION. 2A. "Animal feeding operation 18 41 structure" means the same as defined in section 18 42 455B.161. 18 43 NEW SUBSECTION. 3A. "Commercial manure 18 44 applicator" means a person who engages in the business 18 45 of and charges a fee for applying manure on the land 18 46 of another person. 18 47 NEW SUBSECTION. 7A. "Earthen manure storage 18 48 basin" means the same as defined in section 455B.161. 18 49 NEW SUBSECTION. 12A. "Manure storage structure" 18 50 means an animal feeding operation structure used to 19 1 store manure as part of a confinement feeding 19 2 operation, including but not limited to a formed or 19 3 unformed manure storage structure. 19 4 NEW SUBSECTION. 23A. "Restricted spray irrigation 19 5 equipment" means spray irrigation equipment which 19 6 disperses manure through an orifice at a rate of 19 7 eighty pounds per square inch or more. 19 8 NEW SUBSECTION. 31A. "Spray irrigation equipment" 19 9 means mechanical equipment used for the aerial 19 10 application of manure, if the equipment receives 19 11 manure from a manure storage structure during 19 12 application via a pipe or hose connected to the 19 13 structure, and includes a type of equipment 19 14 customarily used for the aerial application of water 19 15 to aid the growing of general farm crops. 19 16 NEW SUBSECTION. 32A. "Unformed manure storage 19 17 structure" means the same as defined in section 19 18 455B.161. 19 19 Sec. 23. Section 455B.173, subsection 13, Code 19 20 1997, is amended by striking the subsection and 19 21 inserting in lieu thereof the following: 19 22 13. Adopt, modify, or repeal rules relating to the 19 23 construction or operation of animal feeding 19 24 operations, as provided in sections relating to animal 19 25 feeding operations provided in this part. 19 26 Sec. 24. Section 455B.191, subsection 7, 19 27 unnumbered paragraph 2, Code 1997, is amended to read 19 28 as follows: 19 29 This subsection shall not apply unless the 19 30 department of natural resources has previously 19 31 notified the person of the person's classification as 19 32 a habitual violatoras provided in section 455B.173. 19 33 The department shall notify persons classified as 19 34 habitual violators of their classification, additional 19 35 restrictions imposed upon the persons pursuant to 19 36 their classification, and special civil penalties that 19 37 may be imposed upon the persons. The notice shall be 19 38 sent to the persons by certified mail. 19 39 Sec. 25. NEW SECTION. 455B.200 GENERAL. 19 40 The commission shall establish by rule adopted 19 41 pursuant to chapter 17A, requirements relating to the 19 42 construction, including expansion, or operation of 19 43 animal feeding operations, including related animal 19 44 feeding operation structures. The requirements shall 19 45 include but are not limited to minimum manure control, 19 46 the issuance of permits, and departmental 19 47 investigations, inspections, and testing. 19 48 Sec. 26. NEW SECTION. 455B.200A PERMIT 19 49 REQUIREMENTS. 19 50 1. The department shall issue permits for the 20 1 construction, including the expansion, of animal 20 2 feeding operation structures, including structures 20 3 which are part of confinement feeding operations, as 20 4 provided by rules adopted pursuant to section 20 5 455B.200. The department shall issue a permit to an 20 6 animal feeding operation if an application is 20 7 submitted according to procedures required by the 20 8 department and the application meets standards 20 9 established by the department, regardless of whether 20 10 the animal feeding operation is required to obtain 20 11 such a permit. The department shall not require that 20 12 a person obtain a permit for the construction of an 20 13 animal feeding operation structure if the structure is 20 14 part of a small animal feeding operation. For 20 15 purposes of this section, an animal feeding operation 20 16 structure includes a manure storage structure. 20 17 2. The department shall not issue a permit for the 20 18 construction of an animal feeding operation structure 20 19 which is part of a confinement feeding operation 20 20 unless the person submits all of the following: 20 21 a. An indemnity fee as provided in section 204.3 20 22 which the department shall deposit into the manure 20 23 storage indemnity fund created in section 204.2. 20 24 b. A manure management plan as provided in section 20 25 455B.203. 20 26 3. The department shall not issue a permit for the 20 27 construction of three or more animal feeding operation 20 28 structures unless the applicant files a statement 20 29 approved by a professional engineer registered 20 30 pursuant to chapter 542B certifying that the 20 31 construction of the animal feeding operation 20 32 structures will not impede the drainage through 20 33 established drainage tile lines which cross property 20 34 boundary lines unless measures are taken to 20 35 reestablish the drainage prior to completion of 20 36 construction. 20 37 4. Prior to issuing a permit to a person for the 20 38 construction of an animal feeding operation, the 20 39 department may require the installation and operation 20 40 of a hydrological monitoring system for an exclusively 20 41 earthen manure storage structure according to rules 20 42 which shall be adopted by the department. 20 43 5. An applicant for a construction permit shall 20 44 not begin construction at the location of a site 20 45 planned for the construction of an animal feeding 20 46 operation structure until the person has been granted 20 47 a permit for the construction of the animal feeding 20 48 operation structure by the department. 20 49 6. The department shall make a determination 20 50 regarding the approval or denial of a permit within 21 1 sixty days from the date that the department receives 21 2 a completed application for a permit. 21 3 7. The department shall deliver a copy or require 21 4 the applicant to deliver a copy of the application for 21 5 a construction permit for the construction of a 21 6 confinement feeding operation or related animal 21 7 feeding operation structure, including supporting 21 8 documents, to the county board of supervisors in the 21 9 county where the confinement feeding operation or 21 10 related animal feeding operation structure subject to 21 11 the permit is proposed to be constructed. 21 12 The county auditor may accept the application on 21 13 behalf of the board. If the department requires the 21 14 applicant to deliver a copy of the application to the 21 15 county board of supervisors, the county shall notify 21 16 the department that it has received the application 21 17 according to procedures required by the department. 21 18 a. The county board of supervisors shall provide 21 19 for comment as follows: 21 20 (1) The board shall publish a notice that it has 21 21 received the application in a newspaper having a 21 22 general circulation in the county. The notice shall 21 23 include all of the following: 21 24 (a) The name of the person applying to receive the 21 25 construction permit. 21 26 (b) The name of the township where the confinement 21 27 feeding operation or animal feeding operation is to be 21 28 constructed or expanded. 21 29 (c) Each type of animal feeding operation proposed 21 30 to be constructed or expanded. 21 31 (d) The animal weight capacity of the confinement 21 32 feeding operation if the construction permit is 21 33 approved. 21 34 (e) The time when and the place where the 21 35 application may be examined as provided in section 21 36 22.2. 21 37 (f) Procedures for providing public comments to 21 38 the board of supervisors, as provided by the board. 21 39 (2) The board may hold a public hearing to receive 21 40 public comments regarding the application for the 21 41 construction permit. The county board of supervisors 21 42 may submit comments by the board and the public to the 21 43 department as provided in this section, including but 21 44 not limited to all of the following: 21 45 (a) The existence of an object or location not 21 46 included in the construction permit application which 21 47 benefits from a separation distance requirement as 21 48 provided in section 455B.162 or 455B.204. 21 49 (b) The suitability of soils and the hydrology of 21 50 the site where construction or expansion of a 22 1 confinement feeding operation or related animal 22 2 feeding operation structure is proposed. 22 3 (c) The availability of land for the application 22 4 of manure originating from the confinement feeding 22 5 operation. 22 6 (d) Whether the construction or expansion of a 22 7 proposed animal feeding operation structure will 22 8 impede drainage through established tile lines, 22 9 laterals, or other improvements which are constructed 22 10 to facilitate the drainage of land not owned by the 22 11 person applying for the construction permit. 22 12 b. The department shall notify the county board of 22 13 supervisors at least three days prior to conducting an 22 14 inspection of the site that the construction is 22 15 proposed in the permit application. The county board 22 16 of supervisors may designate a county employee to 22 17 accompany a departmental official during the site 22 18 inspection. The county designee shall have the same 22 19 right to access to the site's real estate as the 22 20 departmental official conducting the inspection during 22 21 the period that the county designee accompanies the 22 22 departmental official. 22 23 c. The department shall not approve the 22 24 application until thirty days following delivery of 22 25 the application to the county board of supervisors. 22 26 d. The department shall consider and respond to 22 27 comments submitted by the county board of supervisors 22 28 regarding compliance by the applicant with the legal 22 29 requirements for approving the construction permit as 22 30 provided in this chapter, including rules adopted by 22 31 the department pursuant to section 455B.200, if the 22 32 comments are delivered to the department within thirty 22 33 days after receipt of the application by the county 22 34 board of supervisors. Upon written request by a 22 35 county resident, the county board of supervisors shall 22 36 forward a copy of the board's comments and the 22 37 department's responses to the county resident as 22 38 provided in chapter 22. 22 39 8. The department shall notify the county board of 22 40 supervisors of the county where a confinement feeding 22 41 operation or related animal feeding operation 22 42 structure subject to a construction permit is proposed 22 43 to be constructed. The notice shall state the 22 44 department's decision to approve or disapprove an 22 45 application for the construction permit. The notice 22 46 shall be delivered to the county within three days 22 47 following the department's decision. The county board 22 48 of supervisors may contest the decision by filing a 22 49 demand for a hearing before the commission as provided 22 50 by rules adopted by the department in conformance with 23 1 chapter 17A. In contesting the decision, the county 23 2 shall submit a statement to the department, providing 23 3 all reasons why the application should be approved or 23 4 disapproved according to legal requirements provided 23 5 in this chapter. 23 6 a. The county board of supervisors must contest 23 7 the decision within fourteen days following receipt of 23 8 the department's notice to approve or disapprove the 23 9 application. 23 10 b. The contested decision shall be heard by the 23 11 commission according to procedures adopted by the 23 12 commission. The commission may hear the case as a 23 13 contested case proceeding under chapter 17A. The 23 14 commission shall render a decision within thirty-five 23 15 days from the date that the county board of 23 16 supervisors files a demand for a hearing. The 23 17 decision of the commission shall be final agency 23 18 action under chapter 17A. 23 19 9. a. The department shall not issue a permit to 23 20 a person under this section if an enforcement action 23 21 by the department, relating to a violation of this 23 22 chapter concerning a confinement feeding operation in 23 23 which the person has an interest, is pending, as 23 24 provided in section 455B.202. 23 25 b. The department shall not issue a permit to a 23 26 person under this section for five years after the 23 27 date of the last violation committed by a person or 23 28 confinement feeding operation in which the person 23 29 holds a controlling interest during which the person 23 30 or operation was classified as a habitual violator 23 31 under section 455B.191. 23 32 Sec. 27. NEW SECTION. 455B.200B CONFINEMENT 23 33 FEEDING OPERATIONS SPECIAL TERMS. 23 34 For purposes of this part, all of the following 23 35 shall apply: 23 36 1. Two or more confinement feeding operations are 23 37 adjacent if any of the following apply: 23 38 a. All of the following apply: 23 39 (1) An animal feeding operation structure which is 23 40 part of one confinement feeding operation is located 23 41 within one thousand two hundred fifty feet from an 23 42 animal feeding operation structure which is part of 23 43 the other confinement feeding operation. 23 44 (2) The confinement feeding operations have a 23 45 combined animal weight capacity of the following: 23 46 (a) For animals other than bovine, less than six 23 47 hundred twenty-five thousand pounds. 23 48 (b) For bovine, less than one million six hundred 23 49 thousand pounds. 23 50 (3) An animal feeding operation structure subject 24 1 to the distance requirements of this paragraph must be 24 2 constructed or expanded on or after the effective date 24 3 of this section. 24 4 b. All of the following apply: 24 5 (1) An animal feeding operation structure which is 24 6 part of one confinement feeding operation is located 24 7 within two thousand five hundred feet from an animal 24 8 feeding operation structure which is part of the other 24 9 confinement feeding operation. 24 10 (2) The confinement feeding operations have a 24 11 combined animal weight capacity of the following: 24 12 (a) For animals other than bovine, six hundred 24 13 twenty-five thousand pounds or more. 24 14 (b) For bovine, one million six hundred thousand 24 15 pounds or more. 24 16 (3) An animal feeding operation structure subject 24 17 to the distance requirements of this paragraph must be 24 18 constructed on or after the effective date of this 24 19 section. 24 20 2. An animal feeding operation structure is 24 21 "constructed" in the same manner as provided in 24 22 section 455B.161A. 24 23 Sec. 28. Section 445B.201, subsection 4, Code 24 24 1997, is amended by striking the subsection. 24 25 Sec. 29. Section 455B.202, Code Supplement 1997, 24 26 is amended to read as follows: 24 27 455B.202 CONFINEMENT FEEDING OPERATIONS PENDING 24 28 ACTIONS AND HABITUAL VIOLATORS. 24 29 1. As used in this section,"construction" means24 30the same as defined by rules adopted by the department24 31applicable to the construction of animal feeding24 32operation structures as provided in this partunless 24 33 the context otherwise requires:.24 34 a. "Habitual violator" means a person classified 24 35 as a habitual violator pursuant to section 455B.191. 24 36 b. "Operation of law" means a transfer by 24 37 inheritance, devise or bequest, court order, 24 38 dissolution decree, order in bankruptcy, insolvency, 24 39 replevin, foreclosure, execution sale, the execution 24 40 of a judgment, the foreclosure of a real estate 24 41 mortgage, the forfeiture of a real estate contract, or 24 42 a transfer resulting from a decree for specific 24 43 performance. 24 44 c. "Suspect site" means a confinement feeding 24 45 operation or land where a confinement feeding 24 46 operation could be constructed, if the site is subject 24 47 to a suspect transaction. 24 48 d. "Suspect transaction" means a transaction in 24 49 which a habitual violator does any of the following: 24 50 (1) Transfers a controlling interest in a suspect 25 1 site to any of the following: 25 2 (a) An employee of the habitual violator or 25 3 business in which the person holds a controlling 25 4 interest. 25 5 (b) A person who holds an interest in a business, 25 6 including a confinement feeding operation, in which 25 7 the habitual violator holds a controlling interest. 25 8 (c) A person related to the habitual violator as 25 9 spouse, parent, grandparent, lineal ascendant of a 25 10 grandparent or spouse and any other lineal descendant 25 11 of the grandparent or spouse, or a person acting in a 25 12 fiduciary capacity for a related person. This 25 13 paragraph does not apply to a transaction completed by 25 14 an operation of law. 25 15 (2) Provides financing for the construction or 25 16 operation of a confinement feeding operation to any 25 17 person, by providing a contribution or loan to the 25 18 person, or providing cash or other tangible collateral 25 19 for a contribution or loan made by a third person. 25 20 e. "Transaction" includes a transfer in any manner 25 21 or by any means, including any of the following: 25 22 (1) Delivery and acceptance between two parties, 25 23 including by contract or agreement with or without 25 24 consideration, including by sale, exchange, barter, or 25 25 gift. 25 26 (2) An operation of law. 25 27 2. a. A person shall not construct or expand an 25 28 animal feeding operation structure which is part of a 25 29 confinement feeding operation, if the person isaany 25 30 of the following: 25 31 (1) A party to a pending action for a violation of 25 32 this chapter concerning a confinement feeding 25 33 operation in which the person has a controlling 25 34 interest and the action is commenced in district court 25 35 by the attorney general. 25 36 (2) A habitual violator. 25 37 b. A person shall not construct or expand an 25 38 animal feeding operation structure which is part of a 25 39 confinement feeding operation for five years after the 25 40 date of the last violation committed by a person or 25 41 confinement feeding operation in which the person 25 42 holds a controlling interest during which the person 25 43 or operation was classified as a habitual violator 25 44under section 455B.191. 25 453.c. Thissectionsubsection shall not prohibit a 25 46 person from completing the construction or expansion 25 47 of an animal feeding operation structure, if any of 25 48 the following apply: 25 49a.(1) The person has an unexpired permit for the 25 50 construction or expansion of the animal feeding 26 1 operation structure. 26 2b.(2) The person is not required to obtain a 26 3 permit for the construction or expansion of the animal 26 4 feeding operation structure. 26 5 d. For purposes of this subsection, "construct" or 26 6 "expand" includes financing and contracting to build 26 7 an animal feeding operation structure regardless of 26 8 whether the person subsequently leases, owns, or 26 9 operates the animal feeding operation structure. 26 10 3. A person who receives a controlling interest in 26 11 a suspect site pursuant to a suspect transaction must 26 12 submit a notice of the transaction to the department 26 13 within thirty days. If, after notice and opportunity 26 14 to be heard, pursuant to the contested case provisions 26 15 of chapter 17A, the department finds that one purpose 26 16 of the transaction was to avoid the conditions and 26 17 enhanced penalties imposed upon a habitual violator, 26 18 the person shall be subject to the same conditions and 26 19 enhanced penalties as applied to the habitual violator 26 20 at the time of the transaction. 26 21 4. The department shall conduct an annual review 26 22 of each confinement feeding operation which is a 26 23 habitual violator and each confinement feeding 26 24 operation in which a habitual violator holds a 26 25 controlling interest. 26 26 Sec. 30. Section 455B.203, subsection 1, Code 26 27 1997, is amended to read as follows: 26 28 1.In order to receiveThe following persons shall 26 29 submit a manure management plan to the department: 26 30 a. The owner of a confinement feeding operation, 26 31 other than a small animal feeding operation, if the 26 32 animal feeding operation was constructed after May 31, 26 33 1985, regardless of whether the confinement feeding 26 34 operation was required to be constructed pursuant to a 26 35 construction permit approved by rules adopted by the 26 36 department. 26 37 b. The owner of a confinement feeding operation, 26 38 if the confinement feeding operation is required to be 26 39 constructed pursuant to a permit issued by the 26 40 department pursuant to section 455B.200A. 26 41 c. A person who applies manure from a confinement 26 42 feeding operation, other than a small animal feeding 26 43 operation, which is located in another state, if the 26 44 manure is applied on land located in this state. 26 45 1A. A person shall not remove manure from a manure 26 46 storage structure which is part of a confinement 26 47 feeding operation for which a manure management plan 26 48 is required under this section, unless the department 26 49 approves a manure management plan submitted by the 26 50 owner of the confinement feeding operation as provided 27 1 by the department on forms prescribed by the 27 2 department. The department may adopt rules allowing a 27 3 person to remove manure from a manure storage 27 4 structure until the manure management plan is approved 27 5 or disapproved by the department according to terms 27 6 and conditions required by rules adopted by the 27 7 department. The department shall approve or 27 8 disapprove a manure management plan within sixty days 27 9 of the date that the department receives a completed 27 10 plan. The department shall not issue a permit for the 27 11 construction of a confinement feeding operation or a 27 12 related animal feeding operation structure unless the 27 13 applicant submits a manure management plan together 27 14 with an application as provided in section455B.173, a27 15person shall submit a manure management plan to the27 16department together with the application for a27 17construction permit455B.200A. 27 18 Sec. 31. Section 455B.203, subsection 4, 27 19 unnumbered paragraph 1, Code 1997, is amended to read 27 20 as follows: 27 21 A personreceiving a permit for the construction of27 22a confinement feeding operationrequired to submit a 27 23 manure management plan to the department shall 27 24 maintain a current manure management plan and maintain 27 25 records sufficient to demonstrate compliance with the 27 26 manure management plan. Chapter 22 shall not apply to 27 27 the records which shall be kept confidential by the 27 28 department and its agents and employees. The contents 27 29 of the records are not subject to disclosure except as 27 30 follows: 27 31 Sec. 32. Section 455B.203, subsection 5, Code 27 32 1997, is amended to read as follows: 27 33 5. The department may inspect the confinement 27 34 feeding operation at any time during normal working 27 35 hours, and may inspect records required to be 27 36 maintained as part of the manure management plan. The 27 37 department shall regularly inspect a confinement 27 38 feeding operation if the operation or a person holding 27 39 a controlling interest in the operation is classified 27 40 as a habitual violator pursuant to section 455B.191. 27 41 The department shall assess and the confinement 27 42 feeding operation shall pay the actual costs of the 27 43 inspection.However, in order to access the27 44operation, the departmental inspector must comply with27 45standard disease control restrictions customarily27 46required by the operation. The department shall27 47comply with section 455B.103 in conducting an27 48investigation of the premises where the animals are27 49kept.27 50 Sec. 33. NEW SECTION. 455B.203A MANURE 28 1 APPLICATORS CERTIFICATION. 28 2 1. As used in this section, unless the context 28 3 otherwise requires: 28 4 a. "Commercial manure applicator" means the same 28 5 as defined in section 455B.171. 28 6 b. "Confinement site" means a site where there is 28 7 located a manure storage structure which is part of a 28 8 confinement feeding operation, other than a small 28 9 animal feeding operation. 28 10 c. "Confinement site manure applicator" means a 28 11 person who applies manure stored at a confinement site 28 12 other than a commercial manure applicator. 28 13 2. a. A commercial manure applicator shall not 28 14 apply manure to land, unless the person is certified 28 15 pursuant this section. 28 16 b. A confinement site manure applicator shall not 28 17 apply manure to land, unless the person is certified 28 18 pursuant to this section. 28 19 3. a. A person required to be certified as a 28 20 commercial manure applicator must be certified by the 28 21 department each year. The person shall be certified 28 22 after completing an educational program which shall 28 23 consist of an examination required to be passed by the 28 24 person or three hours of continuing instructional 28 25 courses which the person must attend each year in lieu 28 26 of passing the examination. 28 27 b. A person required to be certified as a 28 28 confinement site manure applicator must be certified 28 29 by the department each three years. The person shall 28 30 be certified after completing an educational program 28 31 which shall consist of an examination required to be 28 32 passed by the person or two hours of continuing 28 33 instructional courses which the person must attend 28 34 each year in lieu of passing the examination. 28 35 4. The department shall adopt, by rule, 28 36 requirements for the certification, including 28 37 educational program requirements. The department may 28 38 establish different educational programs designed for 28 39 commercial manure applicators and confinement site 28 40 manure applicators. The department shall adopt rules 28 41 necessary to administer this section, including 28 42 establishing certification standards, which shall at 28 43 least include standards for the handling, application, 28 44 and storage of manure, the potential effects of manure 28 45 upon surface water and groundwater, and procedures to 28 46 remediate the potential effects on surface water or 28 47 groundwater. 28 48 a. The department shall adopt by rule criteria for 28 49 allowing a person required to be certified to complete 28 50 either a written or oral examination. 29 1 b. The department shall administer the continuing 29 2 instructional courses, by either teaching the courses 29 3 or selecting persons to teach the courses, according 29 4 to criteria as provided by rules adopted by the 29 5 department. The department shall, to the extent 29 6 possible, select persons to teach the continuing 29 7 instructional courses. The department is not required 29 8 to compensate persons to teach the continuing 29 9 instructional courses. In selecting persons, the 29 10 department shall consult with organizations interested 29 11 in the application of manure, including associations 29 12 representing manure applicators and associations 29 13 representing agricultural producers. The Iowa 29 14 cooperative extension service in agriculture and home 29 15 economics of Iowa state university of science and 29 16 technology shall cooperate with the department in 29 17 administering the continuing instructional courses. 29 18 The Iowa cooperative extension service may teach 29 19 continuing instructional courses, train persons 29 20 selected to teach courses, or distribute informational 29 21 materials to persons teaching the courses. 29 22 c. The department, in administering the 29 23 certification program under this section, and the 29 24 department of agriculture and land stewardship in 29 25 administering the certification program for pesticide 29 26 applicators may cooperate together. 29 27 5. a. This section shall not require a person to 29 28 be certified as a commercial manure applicator if any 29 29 of the following applies: 29 30 (1) The person is any of the following: 29 31 (a) Actively engaged in farming who trades work 29 32 with another such person. 29 33 (b) Employed by a person actively engaged in 29 34 farming not solely as a manure applicator who applies 29 35 manure as an incidental part of the person's general 29 36 duties. 29 37 (c) Engaged in applying manure as an incidental 29 38 part of a custom farming operation. 29 39 (d) Engaged in applying manure as an incidental 29 40 part of a person's duties as provided by rules adopted 29 41 by the department providing for an exemption. 29 42 (2) The person applies manure for a period of 29 43 thirty days from the date of initial employment as a 29 44 commercial manure applicator if the person applying 29 45 the manure is acting under the instructions and 29 46 control of a certified commercial manure applicator 29 47 who is both of the following: 29 48 (a) Physically present at the site where the 29 49 manure is located. 29 50 (b) In sight or hearing distance of the supervised 30 1 person. 30 2 b. This section shall not require a person to be 30 3 certified as a confinement site manure applicator if 30 4 all of the following apply: 30 5 (1) The person is a part-time employee of a 30 6 confinement site manure applicator. 30 7 (2) The person is acting under the instructions 30 8 and control of a certified commercial manure 30 9 applicator who is both of the following: 30 10 (a) Physically present at the site where the 30 11 manure is located. 30 12 (b) In sight or hearing distance of the supervised 30 13 person. 30 14 6. a. The department may charge a fee for 30 15 certifying persons under this section. The fee for 30 16 certification shall be based on the costs of 30 17 administering and enforcing this section and paying 30 18 the expenses of the department relating to 30 19 certification. 30 20 b. All moneys received by the department under the 30 21 provisions of this chapter shall be handled in the 30 22 same manner as repayment receipts, as defined in 30 23 section 8.2, and shall be used solely for the 30 24 administration and enforcement of this chapter. 30 25 Sec. 34. NEW SECTION. 455B.203B APPLICATION 30 26 REQUIREMENTS. 30 27 1. The department shall adopt rules governing the 30 28 application of manure originating from an anaerobic 30 29 lagoon or aerobic structure which is part of a 30 30 confinement feeding operation. The rules shall 30 31 establish application rates and practices to minimize 30 32 groundwater or surface water pollution resulting from 30 33 application, including pollution caused by runoff or 30 34 other manure flow resulting from precipitation events. 30 35 The rules shall establish different application rates 30 36 and practices based on the water holding capacity of 30 37 the soil at the time of application. 30 38 2. A person shall not apply manure by spray 30 39 irrigation equipment, except as provided by rules 30 40 adopted by the department pursuant to chapter 17A. 30 41 However, a person shall not use restricted spray 30 42 irrigation equipment to apply manure originating from 30 43 a confinement feeding operation, unless the manure has 30 44 been diluted as provided by rules adopted by the 30 45 department, including diluted by use of an anaerobic 30 46 lagoon. 30 47 Sec. 35. Section 455B.204, Code 1997, is amended 30 48 to read as follows: 30 49 455B.204 DISTANCE REQUIREMENTS. 30 50 1.An animal feeding operation structure shall be31 1located at least five hundred feet away from the31 2surface intake of an agricultural drainage well or31 3known sinkhole, and at least two hundred feet away31 4fromAs used in this section, unless the context 31 5 otherwise requires: 31 6 a. "Major water source" means a lake, reservoir, 31 7 river, or stream located within the territorial limits 31 8 of the state, any marginal river area adjacent to the 31 9 state, which can support a floating vessel capable of 31 10 carrying one or more persons during a total of a six- 31 11 month period in one out of ten years, excluding 31 12 periods of flooding which has been identified by rules 31 13 adopted by the commission. 31 14 b. "Watercourse" means any lake, river, creek, 31 15 ditch, or other body of water or channel having 31 16 definite banks and bed with water flow or the 31 17 occurrence of water, except lakes or ponds without 31 18 outlet to which only one landowner is riparian. 31 19 2. Except as provided in subsection 3, the 31 20 following shall apply: 31 21 a. An animal feeding operation structure shall not 31 22 be constructed closer than five hundred feet away from 31 23 a surface intake, wellhead, or cistern of an 31 24 agricultural drainage well or known sinkhole. 31 25 b. An animal feeding operation structure shall not 31 26 be constructed if the animal feeding operation 31 27 structure as constructed is closer than any of the 31 28 following: 31 29 (1) Two hundred feet away from a watercourse other 31 30 than a major water source. 31 31 (2) Five hundred feet away from a major water 31 32 source. 31 33 c. A watercourse, other than a major water source, 31 34 shall not be constructed, expanded, or diverted, if 31 35 the watercourse as constructed, expanded, or diverted 31 36 is closer than two hundred feet away from an animal 31 37 feeding operation structure. 31 38 d. A major water source shall not be constructed, 31 39 expanded, or diverted, if the water source as 31 40 constructed, expanded, or diverted is closer than five 31 41 hundred feet from an animal feeding operation 31 42 structure. 31 43 3.However, no distanceA separationisdistance 31 44 requiredbetween ain subsection 2 shall not apply to 31 45 any of the following: 31 46 a. A location or object and a farm pond or 31 47 privately owned lake, as defined in section 462A.2. 31 48 b. A manure storage structure constructed with a 31 49 secondary containment barrier. The department shall 31 50 adopt rules providing for the construction and use of 32 1 a secondary containment barrier, including design 32 2 standards. 32 3 4. All distances between locations or objects 32 4 shall be measured from their closest points, as 32 5 provided by rules adopted by the department. 32 62. A person shall not dispose of manure closer to32 7a designated area than provided in section 159.27.32 8 5. A person shall not construct or expand an 32 9 unformed manure storage structure within an 32 10 agricultural drainage well area as provided in section 32 11 455I.5. 32 12 Sec. 36. NEW SECTION. 455B.205 MANURE STORAGE 32 13 STRUCTURES CONSTRUCTION STANDARDS INSPECTIONS. 32 14 1. The department shall establish by rule 32 15 engineering standards for the construction of manure 32 16 storage structures required to be constructed pursuant 32 17 to a permit issued under section 455B.200A. 32 18 2. The design standards for unformed manure 32 19 storage structures established by the department shall 32 20 account for special design characteristics of animal 32 21 feeding operations, including all of the following: 32 22 a. The lining of the structure shall be 32 23 constructed with materials deemed suitable by the 32 24 department in order to minimize seepage loss through 32 25 the lining's seal. 32 26 b. The structure shall be constructed with 32 27 materials deemed suitable by the department in order 32 28 to control erosion on the structure's berm, side 32 29 slopes, and base. 32 30 c. The structure shall be constructed to minimize 32 31 seepage into near-surface water sources. 32 32 d. The top of the floor of the structure's liner 32 33 must be above the groundwater table as determined by 32 34 the department. If the groundwater table is less than 32 35 two feet below the top of the liner's floor, the 32 36 structure shall be installed with a synthetic liner. 32 37 If the department allows an unformed manure storage 32 38 structure to be located at a site by permanently 32 39 lowering the groundwater table, the department shall 32 40 confirm that the proposed system meets standards 32 41 necessary to ensure that the structure does not 32 42 pollute groundwater sources. If the department allows 32 43 drain tile installed to lower a groundwater table to 32 44 remain where located, the department shall require 32 45 that a device be installed to allow monitoring of the 32 46 water in the drain tile line. The department shall 32 47 also require the installation of a device to allow 32 48 shutoff of the drain tile lines, if the drain tile 32 49 lines do not have a surface outlet accessible on the 32 50 property where the structure is located. 33 1 3. a. The department shall conduct a routine 33 2 inspection of each unformed manure storage structure 33 3 at least once each year. A routine inspection 33 4 conducted pursuant to this subsection shall be limited 33 5 to a visual inspection of the site where the unformed 33 6 manure storage structure is located. The department 33 7 shall inspect the site at a reasonable time after 33 8 providing at least twenty-four hours' notice to the 33 9 person owning or managing the confinement feeding 33 10 operation. The visual inspection shall include, but 33 11 not be limited to, determining whether any of the 33 12 following exists: 33 13 (1) An adequate freeboard level. 33 14 (2) The seepage of manure from the unformed manure 33 15 storage structure. 33 16 (3) Erosion. 33 17 (4) Inadequate vegetation cover. 33 18 (5) The presence of an opening allowing manure to 33 19 drain from the unformed manure storage structure. 33 20 b. Nothing in this subsection restricts the 33 21 department from conducting an inspection of an animal 33 22 feeding operation which is not routine. 33 23 Sec. 37. NEW SECTION. 455B.206 EXCEPTION TO 33 24 REGULATION. 33 25 1. As used in this section, "research college" 33 26 means an accredited public or private college or 33 27 university, including but not limited to a university 33 28 under the control of the state board of regents as 33 29 provided in chapter 262, or a community college under 33 30 the jurisdiction of a board of directors for a merged 33 31 area as provided in chapter 260C, if the college or 33 32 university performs research or experimental 33 33 activities regarding animal agriculture or agronomy. 33 34 2. The requirements of this part which regulate 33 35 animal feeding operations, including rules adopted by 33 36 the department pursuant to section 455B.200, shall not 33 37 apply to research activities and experiments performed 33 38 under the authority and regulations of a research 33 39 college, if the research activities and experiments 33 40 relate to animal feeding operations, including but not 33 41 limited to the confinement of animals and the storage 33 42 and disposal of manure originating from animal feeding 33 43 operations. 33 44 3. This section shall not apply to requirements 33 45 provided in any of the following: 33 46 a. Section 455B.201, including rules adopted by 33 47 the department under that section. 33 48 b. Section 455B.204, including rules adopted by 33 49 the department under that section. 33 50 Sec. 38. Section 657.11, subsections 2, 3, 5, 6, 34 1 7, and 8, Code 1997, are amended to read as follows: 34 2 2.If a person has received all permits required34 3pursuant to chapter 455B for an animal feeding34 4operation, as defined in section 455B.161, there shall34 5be a rebuttable presumption that anAn animal feeding 34 6 operationis, as defined in section 455B.161, shall 34 7 not be found to be a public or private nuisance under 34 8 this chapter or under principles of common law, and 34 9thatthe animal feeding operationdoesshall not 34 10unreasonably and continuouslybe found to interfere 34 11 with another person's comfortable use and enjoyment of 34 12 the person's life or property under any other cause of 34 13 action.The rebuttable presumption also applies to34 14persons who are not required to obtain a permit34 15pursuant to chapter 455B for an animal feeding34 16operation as defined in section 455B.161. The34 17rebuttable presumptionHowever, this section shall not 34 18 apply if the person bringing the action proves that an 34 19 injury toathe person or damage to the person's 34 20 property is proximately caused byaeither of the 34 21 following: 34 22 a. The failure to comply with a federal statute or 34 23 regulation or a state statute or rule which applies to 34 24 the animal feeding operation. 34 25 b.3. The rebuttable presumption may be overcome34 26by clear and convincing evidence of bothBoth of the 34 27 following: 34 28a.(1) The animal feeding operation unreasonably 34 29 andcontinuouslyfor substantial periods of time 34 30 interferes withanotherthe person's comfortable use 34 31 and enjoyment of the person's life or property. 34 32b.(2) Theinjury or damage is proximately caused34 33by the negligent operation of theanimal feeding 34 34 operation failed to use existing prudent generally 34 35 accepted management practices reasonable for the 34 36 operation. 34 37 5.The rebuttable presumption created by thisThis 34 38 section shall apply regardless of the established date 34 39 of operation or expansion of the animal feeding 34 40 operation.The rebuttable presumptionA defense 34 41 against a cause of action provided in this section 34 42 includes, but is not limited to, a defense for actions 34 43 arising out of the care and feeding of animals; the 34 44 handling or transportation of animals; the treatment 34 45 or disposal of manure resulting from animals; the 34 46 transportation and application of animal manure; and 34 47 the creation of noise, odor, dust, or fumes arising 34 48 from an animal feeding operation. 34 49 6.An animal feeding operation that complies with34 50the requirements in chapter 455B for animal feeding35 1operations shall be deemed to meet any common law35 2requirements regarding the standard of a normal person35 3living in the locality of the operation.35 47. AIf a court determines that a claim is 35 5 frivolous, a person who brings the claim as part of a 35 6 losing cause of action against a personfor whom the35 7rebuttable presumption createdwho may raise a defense 35 8 under this sectionis not rebutted,shall be liable to 35 9 the person against whom the action was brought for all 35 10 costs and expenses incurred in the defense of the 35 11 action, if the court determines that a claim is35 12frivolous. 35 1387.The rebuttable presumption created in this35 14 This section does not apply to an injury to a person 35 15 or damages to property caused by the animal feeding 35 16 operation beforeMay 31, 1995the effective date of 35 17 this section. 35 18 Sec. 39. Section 657.11, subsection 4, unnumbered 35 19 paragraph 1, Code 1997, is amended to read as follows: 35 20The rebuttable presumptionThis section does not 35 21 apply to a person during any period that the person is 35 22 classified as a chronic violator under this subsection 35 23 as to any confinement feeding operation in which the 35 24 person holds a controlling interest, as defined by 35 25 rules adopted by the department of natural resources. 35 26The rebuttable presumptionThis section shall apply to 35 27 the person on and after the date that the person is 35 28 removed from the classification of chronic violator. 35 29 For purposes of this subsection, "confinement feeding 35 30 operation" means an animal feeding operation in which 35 31 animals are confined to areas which are totally 35 32 roofed, and which are regulated by the department of 35 33 natural resources or the environmental protection 35 34 commission. 35 35 Sec. 40. 1995 Iowa Acts, chapter 195, section 37, 35 36 is amended to read as follows: 35 37 SEC. 37. ANIMAL AGRICULTURE CONSULTING 35 38 ORGANIZATION. The department of natural resources 35 39 shall request that the Iowa pork producers 35 40 association, the Iowa cattlemen's association, the 35 41 Iowa poultry association, the Iowa dairy products 35 42 association,an organization representing agricultural35 43producers generally,Iowa state university, the soil 35 44 conservation division of the department of agriculture 35 45 and land stewardship,andthe natural resources 35 46 conservation service of the United States department 35 47 of agriculture, and after the effective date of this 35 48 section of this Act as amended by 1998 Iowa Acts, 35 49 House File 2494, two organizations representing 35 50 agricultural producers generally each appoint one 36 1 member to consult with the departmentregarding. The 36 2 appointees shall consult with the department regarding 36 3 this Act, rules adopted pursuant to this Act, and the 36 4 Act's implementation. The department shall consult 36 5 with representatives in meetings which shall be 36 6 conducted by the department, upon the call of the 36 7 director of the department or the director's designee, 36 8 or upon the request to the department of any three 36 9 members. The department shall request that the 36 10 representatives provide the department with 36 11 recommendations regarding the adoption of rules 36 12 required to administer this Act. This section is 36 13 repealed on March 31, 2005. 36 14 Sec. 41. 1995 Iowa Acts, chapter 195, section 38, 36 15 is amended to read as follows: 36 16 SEC. 38. INDEMNITY FEES PRIOR PERMITTEES. 36 17 1. The indemnity fee imposed upon permittees 36 18 pursuant to section 204.3, as enacted in this Act, 36 19 shall be imposed upon all persons who have received a 36 20 permit by the department of natural resources for the 36 21 construction of a confinement feeding operation with a 36 22 manure storage structure as defined in section 36 23455B.161204.1, as enacted in this Act, prior to the 36 24 effective date of this Act. However, an indemnity fee 36 25 shall not be imposed upona personthe following 36 26 persons: 36 27 a. A person who has received a construction permit 36 28 more than ten years prior to the effective date of 36 29 this Act. 36 30 b. A person who has received a construction permit 36 31 within ten years prior to May 31, 1995, if the 36 32 confinement feeding operation was not constructed 36 33 under the permit and the permit has expired. 36 34 2. To every extent possible, the department of 36 35 natural resources shall notify all persons required to 36 36 pay the fee. The notice shall be in writing. The 36 37 department shall establish a date when the fees must 36 38 be paid to the department, which shall be not less 36 39 than three months after the delivery of the notice. 36 40 If a person is delinquent in paying the indemnity fee 36 41 when due, or if upon examination, an underpayment of 36 42 the fee is found by the department, the person is 36 43 subject to a penalty of ten dollars or an amount equal 36 44 to the amount of deficiency for each day of the 36 45 delinquency, whichever is less.After the date36 46required for payment, the department shall transfer36 47all outstanding claims to the department of36 48agriculture and land stewardship.36 49 3. The department of natural resources shall 36 50deliver toreceive from the department of agriculture 37 1 and land stewardship the most current available 37 2 information regarding the persons required to pay the 37 3 fee and any delinquency penalty, including the names37 4and addresses of the persons, and the capacity of the37 5confinement feeding operations subject to the permit. 37 6 The department ofagriculture and land stewardship37 7 natural resources, in cooperation with the attorney 37 8 general, may bring a court action in order to collect 37 9 indemnity fees and delinquency penalties required to 37 10 be paid under this section. 37 11 Sec. 42. AMNESTY PERIOD. Notwithstanding 1995 37 12 Iowa Acts, chapter 195, section 38, a person who has 37 13 not paid an indemnity fee as required by that Act, as 37 14 amended by this Act, shall not be subject to a 37 15 delinquency penalty as provided in that Act, if the 37 16 person pays the full amount of the indemnity fee to 37 17 the department of agriculture and land stewardship on 37 18 or before December 31, 1998, as required by the 37 19 department. 37 20 Sec. 43. EFFECT OF THIS ACT REFUND. Nothing in 37 21 this Act requires the department of natural resources 37 22 or the department of agriculture and land stewardship 37 23 to refund an indemnity fee or delinquency penalty 37 24 payment paid by permittees pursuant to 1995 Iowa Acts, 37 25 chapter 195, section 38. 37 26 Sec. 44. INDEMNITY FEES PRIOR MANURE MANAGEMENT 37 27 PLAN SUBMITTEES. 37 28 1. The indemnity fee imposed upon persons required 37 29 to submit a manure management plan pursuant to section 37 30 204.3A, as enacted in this Act, shall be imposed upon 37 31 all persons who are required to submit a manure 37 32 management plan under section 455B.203 as amended in 37 33 this Act. However, a fee shall not be imposed upon a 37 34 person who was not required to submit a manure 37 35 management plan to the department of natural resources 37 36 pursuant to 1995 Iowa Acts, chapter 195, and 567 IAC 37 37 section 65.18(455B). 37 38 2. To every extent possible, the department shall 37 39 notify all persons required to pay the fee. The 37 40 notice shall be in writing. The department shall 37 41 establish a date when the fees must be paid to the 37 42 department, which shall be not less than three months 37 43 after the delivery of the notice. If a person is 37 44 delinquent in paying the indemnity fee when due, or if 37 45 upon examination, an underpayment of the fee is found 37 46 by the department, the person is subject to a penalty 37 47 of ten dollars or an amount equal to the amount of 37 48 deficiency for each day of the delinquency, whichever 37 49 is less. 37 50 Sec. 45. INDEMNITY FEES PRIOR CONSTRUCTION 38 1 PERMITTEES. The department of agriculture and land 38 2 stewardship shall deliver to the department of natural 38 3 resources the most current available information 38 4 regarding persons required to pay the indemnity fee 38 5 imposed pursuant to 1995 Iowa Acts, chapter 195, 38 6 section 38. The department of natural resources, in 38 7 cooperation with the attorney general, may bring a 38 8 court action in order to collect indemnity fees and 38 9 delinquency penalties as provided in that Act for 38 10 deposit into the manure storage indemnity fund as 38 11 created in section 204.2. 38 12 Sec. 46. MANURE MANAGEMENT PLAN SUBMISSIONS. All 38 13 persons required to submit a manure management plan 38 14 pursuant to section 455B.203 as amended by this Act 38 15 shall submit a manure management plan according to the 38 16 same requirements, as provided in that section or 38 17 rules adopted by the department pursuant to that 38 18 section. Persons who have submitted a manure 38 19 management plan that complies with those requirements 38 20 are not required to submit a new manure management 38 21 plan. Persons who have not submitted a manure 38 22 management plan that complies with those requirements 38 23 shall not be required to submit a new manure 38 24 management plan until July 1, 1999. 38 25 Sec. 47. MANURE APPLICATOR CERTIFICATION 38 26 DELAYED APPLICABILITY. A person shall not be required 38 27 to be certified as a commercial manure applicator or a 38 28 confinement site manure applicator as required 38 29 pursuant to section 455B.203A, as enacted in this Act, 38 30 for sixty days following the effective date of that 38 31 section of this Act. 38 32 Sec. 48. ANIMAL AGRICULTURE CONSULTING 38 33 ORGANIZATION. The department of natural resources 38 34 shall consult with the members of the animal 38 35 agriculture consulting organization regarding this 38 36 Act, rules adopted pursuant to this Act, and the Act's 38 37 implementation, to the same extent and in the same 38 38 manner as required in 1995 Iowa Acts, chapter 195, 38 39 section 37, as amended by this Act. 38 40 Sec. 49. DIRECTION TO THE DEPARTMENT OF NATURAL 38 41 RESOURCES RULEMAKING. The department of natural 38 42 resources shall adopt all rules necessary to 38 43 administer and enforce this Act by January 1, 1999. 38 44 The department is required to adopt rules under this 38 45 Act, including adopting new rules or amending existing 38 46 rules, only to the extent that rules must be adopted 38 47 in order to comply with the requirements of this Act. 38 48 This section shall not be construed to limit the 38 49 authority of the department to adopt rules under this 38 50 Act or other statutory authority which the department 39 1 determines is necessary or advisable. 39 2 Sec. 50. DIRECTIONS TO IOWA CODE EDITOR. 39 3 1. The Iowa Code editor is directed to transfer 39 4 chapter 204, as amended by this Act, to a chapter 39 5 determined appropriate by the Iowa Code editor. The 39 6 Iowa Code editor shall correct internal references as 39 7 necessary. 39 8 2. The Iowa Code editor is directed to transfer 39 9 section 159.27 to or near section 455B.204A. 39 10 Sec. 51. TRANSFER OF PROVISIONS. The transfer of 39 11 provisions from one section to another section does 39 12 not affect the effect or applicability of rules 39 13 adopted by the department of natural resources, except 39 14 as required by the provisions of this Act. 39 15 Sec. 52. SEVERABILITY. If any provision of this 39 16 Act or the application of this Act to any person or 39 17 circumstance is held invalid, the invalidity shall not 39 18 affect other provisions or applications of this Act 39 19 which shall be given effect without the invalid 39 20 provision or application, and to this end the 39 21 provisions of this Act are severable. 39 22 Sec. 53. EFFECTIVE DATES. 39 23 1. Sections 9, 10, 14, 27, 29, 38, 39, 40 through 39 24 43, 48, 49, and this section, being deemed of 39 25 immediate importance, take effect upon enactment. 39 26 2. Sections 11, 13, 15, 16, 18 through 21, 23, 26, 39 27 30, 31, and 33 through 35 take effect on January 1, 39 28 1999." 39 29 #2. Title page, line 1, by inserting after the 39 30 word "Act" the following: "providing for agricultural 39 31 production, including". 39 32 #3. Title page, line 2, by striking the words "an 39 33 effective date" and inserting the following: 39 34 "effective dates". 39 35 HF 2494S 39 36 da/cc/26
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