Text: HF00148 Text: HF00150 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 455B.171, Code 1997, is amended by 1 2 adding the following new subsections: 1 3 NEW SUBSECTION. 1A. "Agricultural drainage well" means a 1 4 vertical opening to an aquifer or permeable substratum which 1 5 is constructed by any means including but not limited to 1 6 drilling, driving, digging, boring, augering, jetting, 1 7 washing, or coring, and which is capable of intercepting or 1 8 receiving surface or subsurface drainage water from 1 9 agricultural land. 1 10 NEW SUBSECTION. 1B. "Agricultural drainage well basin" 1 11 means an area of land where surface and subsurface water 1 12 drains into an agricultural drainage well including by a 1 13 constructed drainage system which may contain tile lines, 1 14 laterals, surface inlets, or other improvements which 1 15 facilitate drainage. 1 16 NEW SUBSECTION. 1C. "Anaerobic lagoon" means the same as 1 17 defined in section 455B.161. 1 18 NEW SUBSECTION. 2A. "Animal feeding operation structure" 1 19 means the same as defined in section 455B.161. 1 20 NEW SUBSECTION. 7A. "Earthen manure storage basin" means 1 21 the same as defined in section 455B.161. 1 22 Sec. 2. Section 455B.173, subsection 13, Code 1997, is 1 23 amended to read as follows: 1 24 13. a. Adopt, modify, or repeal rules relating to the 1 25 construction, including expansion, or operation of animal 1 26 feeding operations. The rules shall include, but are not 1 27 limited to, minimum manure control requirements, requirements 1 28 for obtaining permits, and departmental evaluations of animal 1 29 feeding operations. The department shall not require that a 1 30 person obtain a permit for the construction of an animal 1 31 feeding operation structure, if the structure is part of a 1 32 small animal feeding operation. 1 33 b. The department shall collect an indemnity fee as 1 34 provided in section 204.3 prior to the issuance of a 1 35 construction permit. The department shall deposit moneys 2 1 collected in indemnity fees in the manure storage indemnity 2 2 fund created in section 204.2. 2 3 c. The department shall not approve a permit for the 2 4 construction of three or more animal feeding operation 2 5 structures unless the applicant files a statement approved by 2 6 a professional engineer registered pursuant to chapter 542B 2 7 certifying that the construction of the animal feeding 2 8 operation structure will not impede the drainage through 2 9 established drainage tile lines which cross property boundary 2 10 lines unless measures are taken to reestablish the drainage 2 11 prior to completion of construction.The department shall2 12deposit moneys collected in indemnity fees in the manure2 13storage indemnity fund created in section 204.2.2 14 d. The department must approve a permit prior to the 2 15 construction of a secondary manure containment structure as 2 16 provided in section 455B.202 which is part of an animal 2 17 feeding operation, regardless of whether the secondary manure 2 18 containment structure is part of a small animal feeding 2 19 operation. When the department investigates a permit 2 20 application for the construction of an animal feeding 2 21 operation structure, the department shall evaluate the 2 22 potential for groundwater pollution caused by manure 2 23 originating from the animal feeding operation structure 2 24 draining into an agricultural drainage well. The department 2 25 shall not issue a permit for the construction of an anaerobic 2 26 lagoon or earthen manure storage basin which is on land 2 27 located within an agricultural drainage well basin as provided 2 28 in section 455B.202. 2 29 e. The department shall issue a permit for an animal 2 30 feeding operation, if an application is submitted according to 2 31 procedures required by the department, and the application 2 32 meets standards established by the department, regardless of 2 33 whether the animal feeding operation is required to obtain 2 34 such a permit. 2 35 f. An applicant for a construction permit shall not begin 3 1 construction at the location of a site planned for the 3 2 construction of an animal feeding operation structure, until 3 3 the person has been granted a permit for the construction of 3 4 the structure by the department. The department shall make a 3 5 determination regarding the approval or denial of a permit 3 6 within sixty days from the date that the department receives a 3 7 completed application for a permit. However, the sixty-day 3 8 requirement shall not apply to an application, if the 3 9 applicant is not required to obtain a permit in order to 3 10 construct an animal feeding operation structure or to operate 3 11 an animal feeding operation. 3 12 g. The department shall deliver a copy or require the 3 13 applicant to deliver a copy of the application for a 3 14 construction permit to the county board of supervisors in the 3 15 county where the confinement feeding operation or confinement 3 16 feeding operation structure subject to the permit is to be 3 17 located. The department shall not approve the application or 3 18 issue a construction permit until thirty days following 3 19 delivery of the application to the county board of 3 20 supervisors. The department shall consider comments from the 3 21 county board of supervisors, regarding compliance by the 3 22 applicant with the legal requirements for the construction of 3 23 the confinement feeding operation structure as provided in 3 24 this chapter, and rules adopted by the department pursuant to 3 25 this chapter, if the comments are delivered to the department 3 26 within fourteen days after receipt of the application by the 3 27 county board of supervisors. 3 28 h. Prior to granting a permit to a person for the 3 29 construction of an animal feeding operation structure, the 3 30 department may require the installation and operation of a 3 31 hydrological monitoring system for an exclusively earthen 3 32 manure storage structure, if, after an on-site inspection, the 3 33 department determines that the site presents an extraordinary 3 34 potential for groundwater pollution. 3 35 i. A person shall not obtain a permit for the construction 4 1 of a confinement feeding operation, unless the person develops 4 2 a manure management plan as provided in section 455B.203. 4 3 j. The department shall not issue a permit to a person 4 4 under this subsection if an enforcement action by the 4 5 department, relating to a violation of this chapter concerning 4 6 a confinement feeding operation in which the person has an 4 7 interest, is pending. The department shall not issue a permit 4 8 to a person under this subsection for five years after the 4 9 date of the last violation committed by a person or 4 10 confinement feeding operation in which the person holds a 4 11 controlling interest during which the person or operation was 4 12 classified as a habitual violator under section 455B.191. The 4 13 department shall conduct an annual review of each confinement 4 14 feeding operation which is a habitual violator and each 4 15 confinement feeding operation in which a habitual violator 4 16 holds a controlling interest. The department shall notify 4 17 persons classified as habitual violators of their 4 18 classification, additional restrictions imposed upon the 4 19 persons pursuant to the classification, and special civil 4 20 penalties that may be imposed upon the persons. The notice 4 21 shall be sent to the persons by certified mail. 4 22 Sec. 3. NEW SECTION. 455B.202 ANIMAL FEEDING OPERATIONS 4 23 LOCATED IN AN AGRICULTURAL DRAINAGE WELL BASIN. 4 24 1. A person shall not construct or expand an anaerobic 4 25 lagoon or earthen manure storage basin on land located within 4 26 an agricultural drainage well basin. 4 27 2. The owner of an animal feeding operation located within 4 28 an agricultural drainage well basin shall, by July 1, 1998, do 4 29 either of the following: 4 30 a. Construct a secondary manure containment storage 4 31 structure surrounding each anaerobic lagoon or earthen manure 4 32 storage basin which is part of the animal feeding operation. 4 33 The secondary manure containment structure shall be 4 34 constructed of materials and according to specifications 4 35 required by rules which shall be adopted by the department in 5 1 order to ensure that any discharge of manure caused by a 5 2 design or construction fault in the anaerobic lagoon or 5 3 earthen manure storage basin is completely contained. The 5 4 department may provide different requirements based on 5 5 classifications established by the department. 5 6 b. Plug each agricultural drainage well located in the 5 7 agricultural drainage well basin. The agricultural drainage 5 8 well shall be plugged with materials and according to 5 9 specifications required by rules which shall be adopted by the 5 10 department. The department may provide different requirements 5 11 based on classifications established by the department. The 5 12 department's requirements shall ensure that an agricultural 5 13 drainage well is plugged by using sealing materials such as 5 14 bentonite to permanently seal the agricultural well from 5 15 contamination by surface or subsurface water drainage. If an 5 16 agricultural drainage well is located on land not owned by the 5 17 owner of an agricultural feeding operation, the agricultural 5 18 drainage well shall be plugged after consent is obtained from 5 19 the titleholder of the land where the agricultural drainage 5 20 well is located, according to such terms and conditions as 5 21 negotiated by the interested parties. 5 22 EXPLANATION 5 23 This bill amends provisions in Code chapter 455B which 5 24 regulates animal feeding operation structures, including 5 25 anaerobic lagoons and earthen manure storage basins, by the 5 26 department of natural resources. The bill regulates animal 5 27 feeding operations located in an agricultural drainage well 5 28 basin which is the area of land where surface and subsurface 5 29 water drains into an agricultural drainage well. 5 30 The bill prohibits the construction or expansion of an 5 31 anaerobic lagoon or earthen manure storage basin within an 5 32 agricultural drainage well basin. The bill provides that the 5 33 owner of an agricultural animal feeding operation located 5 34 within an agricultural drainage well basin must, by July 1, 5 35 1998, either construct a secondary manure containment storage 6 1 structure surrounding each anaerobic lagoon or earthen manure 6 2 storage basin which is part of the animal feeding operation or 6 3 plug each agricultural drainage well located in the 6 4 agricultural drainage well basin. 6 5 The bill provides that the department must approve a permit 6 6 prior to the construction of a secondary manure containment 6 7 structure. The bill requires that when the department 6 8 investigates an application for the construction of an animal 6 9 feeding operation structure, it must evaluate the potential 6 10 for groundwater pollution caused by manure originating from a 6 11 structure draining into an agricultural drainage well. The 6 12 bill prohibits the department from issuing a permit for the 6 13 construction of an anaerobic lagoon or earthen manure storage 6 14 basin which is on land located within the boundaries of an 6 15 agricultural drainage well basin. 6 16 The bill provides that the secondary containment structure 6 17 must be constructed or the agricultural drainage well must be 6 18 plugged with materials and according to specifications 6 19 required by rules adopted by the department. The bill 6 20 provides that the requirements may be based on different 6 21 classifications established by the department. The bill 6 22 provides that if an agricultural drainage well is located on 6 23 land not owned by an owner of the agricultural feeding 6 24 operation, the agricultural drainage well must be plugged 6 25 after consent is obtained from the titleholder of the land 6 26 where the agricultural drainage well is located, under such 6 27 terms and conditions that the interested parties negotiate. 6 28 A general civil penalty provision contained in Code section 6 29 455B.191 applies to a person who violates the bill. That Code 6 30 section provides in part that a violator is subject to a 6 31 $5,000 civil penalty for each day of a violation. 6 32 LSB 1883YH 77 6 33 da/jw/5.1
Text: HF00148 Text: HF00150 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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