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PAG LIN
1 1 Section 1. NEW SECTION. 468A.1 DEFINITIONS.
1 2 As used in this chapter, unless the context otherwise
1 3 requires:
1 4 1. "Agricultural drainage well" means a vertical opening
1 5 to an aquifer or permeable substratum which is constructed by
1 6 any means including but not limited to drilling, driving,
1 7 digging, boring, augering, jetting, washing, or coring, and
1 8 which is capable of intercepting or receiving surface or
1 9 subsurface drainage water from agricultural land.
1 10 2. "Agricultural drainage well basin" means an area of
1 11 land where surface or subsurface water drains into an
1 12 agricultural drainage well directly or through a drainage
1 13 system.
1 14 3. "Alternative drainage system" means a drainage system
1 15 constructed as part of a drainage district in order to drain
1 16 surface or subsurface water from agricultural land due to the
1 17 plugging of an agricultural drainage well.
1 18 4. "Anaerobic lagoon" means the same as defined in section
1 19 455B.161.
1 20 5. "Cost-share" means a contribution of money made by the
1 21 state in order to pay a percentage of the costs related to
1 22 plugging an agricultural drainage well or constructing an
1 23 alternative drainage system as provided in this chapter.
1 24 6. "Designated drainage area" means an agricultural
1 25 drainage well basin or a drainage district in which there is
1 26 located an anaerobic lagoon or earthen manure storage basin
1 27 for which a construction permit is required to be obtained
1 28 from the department of natural resources pursuant to section
1 29 455B.173.
1 30 7. "Division" means the soil conservation division of the
1 31 department of agriculture and land stewardship.
1 32 8. "Drainage district" means a drainage district
1 33 established pursuant to chapter 468.
1 34 9. "Drainage system" means tile lines, laterals, surface
1 35 inlets, or other improvements which are constructed to
2 1 facilitate the drainage of agricultural land.
2 2 10. "Earthen manure storage basin" means the same as
2 3 defined in section 455B.161.
2 4 Sec. 2. NEW SECTION. 468A.2 CLOSURE OF AGRICULTURAL
2 5 DRAINAGE WELLS AND CONSTRUCTION OF ALTERNATIVE DRAINAGE
2 6 SYSTEMS.
2 7 1. Not later than December 31, 2001, the owner of land
2 8 which is within a designated drainage area shall plug each
2 9 agricultural drainage well located on the land. The owner
2 10 shall plug the agricultural drainage well in a manner using
2 11 materials and according to specifications required by rules
2 12 which shall be adopted by the department of natural resources.
2 13 The department may provide different plugging requirements
2 14 based on classifications established by the department.
2 15 However, the department's requirements shall ensure that an
2 16 agricultural drainage well is plugged by using sealing
2 17 materials such as bentonite to permanently seal the
2 18 agricultural drainage well from contamination by surface or
2 19 subsurface water drainage.
2 20 2. A person owning land affected by the plugging of an
2 21 agricultural drainage well as required pursuant to subsection
2 22 1 may construct an alternative drainage system as part of an
2 23 established or new drainage district. The alternative
2 24 drainage system shall ensure that surface or subsurface water
2 25 does not drain into an agricultural drainage well. A
2 26 competent registered professional engineer shall certify that
2 27 work related to plugging an agricultural drainage well and
2 28 constructing an alternative drainage system meets all
2 29 applicable engineering standards. If the site is within an
2 30 established drainage district, the engineer shall be the
2 31 district's engineer appointed pursuant to section 468.10 or an
2 32 engineer approved by the district's engineer.
2 33 3. The department of natural resources shall provide
2 34 notice to owners of land registering agricultural drainage
2 35 wells pursuant to section 159.29 within designated drainage
3 1 areas. The notice shall include the deadline for complying
3 2 with this section, and information regarding the alternative
3 3 drainage system assistance program as provided in section
3 4 468A.5. The notice may be provided by print, electronic
3 5 media, or other notification process as determined appropriate
3 6 by the department.
3 7 Sec. 3. NEW SECTION. 468A.3 ASSESSMENT OF COSTS WITHIN
3 8 AN ESTABLISHED DRAINAGE DISTRICT.
3 9 The costs of plugging an agricultural drainage well or
3 10 constructing an alternative drainage system within an
3 11 established drainage district shall be assessed as a special
3 12 assessment by the board of the drainage district as provided
3 13 in chapter 468.
3 14 Sec. 4. NEW SECTION. 468A.4 ALTERNATIVE DRAINAGE SYSTEM
3 15 ASSISTANCE FUND.
3 16 1. An alternative drainage system assistance fund is
3 17 created in the state treasury under the control of the
3 18 division. The fund is composed of moneys appropriated by the
3 19 general assembly, and moneys available to and obtained or
3 20 accepted by the division or the state soil conservation
3 21 committee established pursuant to section 161A.4, from the
3 22 United States or private sources for placement in the fund.
3 23 2. Moneys in the fund are subject to an annual audit by
3 24 the auditor of state. The fund is subject to warrants written
3 25 by the director of revenue and finance, drawn upon the written
3 26 requisition of the division.
3 27 3. The fund shall be used to support the alternative
3 28 drainage system assistance program as provided in section
3 29 468A.5. Moneys shall be used to provide financial incentives
3 30 under the program. The division may adopt rules pursuant to
3 31 chapter 17A to administer this section.
3 32 4. The division shall not in any manner directly or
3 33 indirectly pledge the credit of the state.
3 34 5. Section 8.33 shall not apply to moneys in the fund.
3 35 Moneys earned as income, including as interest, from the fund
4 1 shall remain in the fund until expended as provided in this
4 2 section.
4 3 Sec. 5. NEW SECTION. 468A.5 ALTERNATIVE DRAINAGE SYSTEM
4 4 ASSISTANCE PROGRAM.
4 5 1. The division shall establish an alternative drainage
4 6 system assistance program as provided by rules which shall be
4 7 adopted by the division pursuant to chapter 17A. The program
4 8 shall be supported from moneys deposited in the alternative
4 9 drainage system assistance fund created pursuant to section
4 10 468A.4.
4 11 2. To the extent that moneys are available to support the
4 12 program, the division shall provide cost-share moneys to
4 13 persons plugging agricultural drainage wells and constructing
4 14 alternative drainage systems which are not part of an
4 15 established drainage district system. The amount of moneys
4 16 allocated in cost-share payments to a person qualifying under
4 17 the program shall not exceed seventy-five percent of the
4 18 estimated cost of installing the alternative drainage system
4 19 or seventy-five percent of the actual cost of installing the
4 20 drainage system, whichever is less.
4 21 3. A person shall not be eligible to participate in the
4 22 program, if the person does any of the following:
4 23 a. Owns land within the agricultural well drainage basin
4 24 where there is located an anaerobic lagoon or earthen manure
4 25 storage basin for which a construction permit is required to
4 26 be obtained from the department of natural resources pursuant
4 27 to section 455B.173 or an agricultural drainage well serving
4 28 the agricultural well drainage basin.
4 29 b. Is a party to a pending legal or administrative action,
4 30 including a contested case proceeding under chapter 17A, which
4 31 relates to an alleged violation of chapter 455B involving an
4 32 animal feeding operation.
4 33 c. Is classified as a habitual violator as provided in
4 34 section 455B.173.
4 35 The department of natural resources shall cooperate with
5 1 the division by providing information necessary to administer
5 2 this subsection.
5 3 EXPLANATION
5 4 This bill provides for plugging agricultural drainage wells
5 5 within areas where there are located anaerobic lagoons and
5 6 earthen manure storage basins required to obtain construction
5 7 permits from the department of natural resources.
5 8 The bill requires that by December 31, 2001, a landowner
5 9 must plug an agricultural drainage well located on the land,
5 10 if the land drains into an agricultural drainage well. The
5 11 well must be plugged in a manner and according to
5 12 specifications required by the department of natural
5 13 resources. The bill provides that a professional engineer
5 14 must certify that the work related to plugging the
5 15 agricultural drainage well and constructing any alternative
5 16 drainage system meets all applicable engineering standards.
5 17 The bill requires the department of natural resources to
5 18 provide notice to applicable landowners of the December 31,
5 19 2001, deadline and information regarding a state assistance
5 20 program as provided in the bill.
5 21 The bill provides that the costs of plugging an
5 22 agricultural drainage well or constructing an alternative
5 23 drainage system within an established drainage district is to
5 24 be assessed as a special assessment by the board of the
5 25 drainage district. The bill establishes a state fund
5 26 administered by the soil conservation division of the
5 27 department of agriculture and land stewardship. The purpose
5 28 of the fund is to support a program also administered by the
5 29 division which provides cost-share moneys to landowners
5 30 plugging agricultural drainage wells and constructing
5 31 alternative drainage systems which are not part of an
5 32 established drainage district. The bill places restrictions
5 33 upon persons eligible to qualify for assistance. Assistance
5 34 is not available for landowners who maintain a permitted
5 35 anaerobic lagoon or earthen manure storage basin on the land.
6 1 In addition, a landowner cannot be a party to a pending legal
6 2 or administrative action which relates to an alleged violation
6 3 involving an animal feeding operation. The landowner also
6 4 cannot be classified as a habitual violator of regulations
6 5 applying to confinement feeding operations.
6 6 LSB 1891YH 77
6 7 da/jw/5
Text: HF00216 Text: HF00218 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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