Text: H09047                            Text: H09049
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Bills and Amendments: General Index     Bill History: General Index

House Amendment 9048

Amendment Text

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 19 agriculture and land stewardship natural resources.
  1 20    8.  "Manure storage structure" means a structure
  1 21 used to store manure as part of a confinement feeding
  1 22 operation subject to a construction permit issued by
  1 23 the department of natural resources pursuant to
  1 24 section 455B.173.  A manure storage structure
  1 25 includes, but is not limited to, an anaerobic lagoon,
  1 26 formed manure storage structure, or earthen manure
  1 27 storage basin, the same as defined in section 455B.161
  1 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 department of natural
  1 39 resources and transferred to the department of
  1 40 agriculture and land stewardship as 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 department of natural resources or the attorney
  1 49 general pursuant to chapter 455B, against permittees
  1 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 department of natural resources or
  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 section and
  2  9 shall be deposited in the fund and shall be
  2 10 appropriated to the department for the exclusive
  2 11 purpose of indemnifying a county for expenses related
  2 12 to cleaning up the site of the confinement feeding
  2 13 operation, including removing and disposing of manure
  2 14 from a manure storage structure providing 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, less
  2 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 are in
  2 34 excess of one three 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 18 of natural resources, prior to issuing a permit for
  3 19 the construction of a confinement feeding operation as
  3 20 provided in section 455B.173 455B.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 be five ten cents per animal unit of
  3 28 capacity for confinement feeding operations.
  3 29    b.  For poultry, the amount of the fee shall be two
  3 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 be seven and one-half fifteen 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 42 three six 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 be ten twenty 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  2 four eight cents per animal unit of capacity for
  4  3 confinement feeding operations.
  4  4    The department of natural resources shall deposit
  4  5 moneys collected from the fees into the fund according
  4  6 to procedures adopted by the department of agriculture
  4  7 and 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 pay the costs of
  4 23 cleaning up the site of the confinement feeding
  4 24 operation, including the costs of removing and
  4 25 disposing of the manure from a manure storage
  4 26 structure cleanup 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.  The If 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 this section
  4 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    204.5  SITE CLEANUP.
  5 19    1.  a.  A county which that has acquired real
  5 20 estate containing on which there is located a
  5 21 confinement feeding operation structure, as defined in
  5 22 section 455B.161, following the nonpayment of taxes
  5 23 pursuant to section 446.19, may clean up the site
  5 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 the removal and disposal cleanup 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 a site confinement feeding
  5 47 operation located on real estate acquired by a county
  5 48 may demolish or dispose of any building or equipment
  5 49 used in of the confinement feeding operation located
  5 50 on the land according to rules adopted by the
  6  1 department of natural resources pursuant 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, this section subsection
  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 OPERATIONS –COMMISSION
  7 21 APPROVAL OF INVESTIGATIONS 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  8 section subsection 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 11 section subsection 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" means that any 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 constructed on or after May 31, 1995;
 11 22 or, except as provided in section 455B.163, to the
 11 23 expansion of structures constructed prior to May 31,
 11 24 1995: 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 27    1.  Except as provided in subsection 2, the
 11 28 following table shall apply to animal feeding
 11 29 operation structures:
 11 30    a.  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 31    b. 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 of six eight 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 OF STRUCTURES
 15  2 CONSTRUCTED PRIOR TO MAY 31, 1995 PRIOR 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 distance requirements of
 15  8 section 455B.162 on May 31, 1995, requirement may
 15  9 continue to operate regardless of those separation
 15 10 distances the distance requirement.  The animal
 15 11 feeding operation may be expanded on or after May 31,
 15 12 1995, regardless of those separation distances, if
 15 13 either any of the following applies:
 15 14    1.  a.  The An 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 requirements of applying 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 31 other 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.  The A 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 of this part section 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 14 located constructed 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 violator as 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" means
 24 30 the same as defined by rules adopted by the department
 24 31 applicable to the construction of animal feeding
 24 32 operation structures as provided in this part unless
 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 is a any
 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 44 under section 455B.191.
 25 45    3. c.  This section subsection 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 49    a. (1)  The person has an unexpired permit for the
 25 50 construction or expansion of the animal feeding
 26  1 operation structure.
 26  2    b. (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 receive The 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 section 455B.173, a
 27 15 person shall submit a manure management plan to the
 27 16 department together with the application for a
 27 17 construction permit 455B.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 person receiving a permit for the construction of
 27 22 a confinement feeding operation required 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 the
 27 44 operation, the departmental inspector must comply with
 27 45 standard disease control restrictions customarily
 27 46 required by the operation.  The department shall
 27 47 comply with section 455B.103 in conducting an
 27 48 investigation of the premises where the animals are
 27 49 kept.
 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 be
 31  1 located at least five hundred feet away from the
 31  2 surface intake of an agricultural drainage well or
 31  3 known sinkhole, and at least two hundred feet away
 31  4 from As 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 distance A separation is distance
 31 44 required between a in 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  6    2.  A person shall not dispose of manure closer to
 32  7 a 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 required
 34  3 pursuant to chapter 455B for an animal feeding
 34  4 operation, as defined in section 455B.161, there shall
 34  5 be a rebuttable presumption that an An animal feeding
 34  6 operation is, 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  9 that the animal feeding operation does shall not
 34 10 unreasonably and continuously be 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 to
 34 14 persons who are not required to obtain a permit
 34 15 pursuant to chapter 455B for an animal feeding
 34 16 operation as defined in section 455B.161.  The
 34 17 rebuttable presumption However, this section shall not
 34 18 apply if the person bringing the action proves that an
 34 19 injury to a the person or damage to the person's
 34 20 property is proximately caused by a either 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 overcome
 34 26 by clear and convincing evidence of both Both of the
 34 27 following:
 34 28    a. (1)  The animal feeding operation unreasonably
 34 29 and continuously for substantial periods of time
 34 30 interferes with another the person's comfortable use
 34 31 and enjoyment of the person's life or property.
 34 32    b. (2)  The injury or damage is proximately caused
 34 33 by the negligent operation of the animal 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 this This
 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 presumption A 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 with
 34 50 the requirements in chapter 455B for animal feeding
 35  1 operations shall be deemed to meet any common law
 35  2 requirements regarding the standard of a normal person
 35  3 living in the locality of the operation.
 35  4    7.  A If 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 person for whom the
 35  7 rebuttable presumption created who may raise a defense
 35  8 under this section is 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 is
 35 12 frivolous.
 35 13    8 7.  The rebuttable presumption created in this
 35 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 before May 31, 1995 the 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 20    The rebuttable presumption This 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 26 The rebuttable presumption This 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 agricultural
 35 43 producers generally, Iowa state university, the soil
 35 44 conservation division of the department of agriculture
 35 45 and land stewardship, and the 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 department regarding.  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 23 455B.161 204.1, 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 upon a person the 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 date
 36 46 required for payment, the department shall transfer
 36 47 all outstanding claims to the department of
 36 48 agriculture and land stewardship.
 36 49    3.  The department of natural resources shall
 36 50 deliver to receive 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 names
 37  4 and addresses of the persons, and the capacity of the
 37  5 confinement feeding operations subject to the permit.
 37  6 The department of agriculture and land stewardship
 37  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
     

Text: H09047                            Text: H09049
Text: H09000 - H09099                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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