Text: HF00507 Text: HF00509 Text: HF00500 - HF00599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 335.2, Code 1997, is amended to read as 1 2 follows: 1 3 335.2 FARMS EXEMPT. 1 4 1. Exceptto the extent required to implement section1 5335.27, noas provided in subsection 2, an ordinance adopted 1 6 under this chapterappliesshall not apply to land,farm1 7 including houses,farmbarns,farmoutbuildings, or other 1 8 buildings or structures located on land whichareis primarily 1 9 adapted, by reason of nature and area, foruse for1 10 agricultural purposes, while so used.However, the ordinances1 11may apply to any1 12 2. Subsection 1 shall not apply to any of the following: 1 13 a. The construction or expansion of an anaerobic lagoon or 1 14 earthen manure storage basin used in connection with an animal 1 15 feeding operation regulated by the department of natural 1 16 resources as provided in chapter 455B. 1 17 b. An ordinance required to implement an agricultural 1 18 preservation ordinance, as provided in section 335.27. 1 19 c. A structure, building, dam, obstruction, deposit or 1 20 excavation in or on the flood plains of any river or stream. 1 21 Sec. 2. Section 455B.112, Code 1997, is amended to read as 1 22 follows: 1 23 455B.112 ACTIONS BY ATTORNEY GENERAL. 1 24 In addition to the duty to commence legal proceedings at 1 25 the request of the director or commission under this chapter, 1 26 the attorney general may institute civil or criminal 1 27 proceedings, including an action for injunction, to enforce 1 28 the provisions of this chapter including orders or permits 1 29 issued or rules adopted under this chapter or to enforce the 1 30 requirements of an ordinance adopted in a county pursuant to 1 31 section 455B.167 or 455B.205. 1 32 Sec. 3. NEW SECTION. 455B.167 AUTHORITY OF COUNTIES. 1 33 1. A county may adopt an ordinance providing requirements 1 34 for the construction or expansion of an anaerobic lagoon or 1 35 earthen manure storage basin which are more stringent than 2 1 required in this part or rules adopted by the department 2 2 pursuant to this part, including but not limited to providing 2 3 separation distance requirements greater than provided 2 4 pursuant to section 455B.161, requiring a separation distance 2 5 between an anaerobic lagoon or earthen manure storage basin 2 6 and the limits of a city, providing for more stringent 2 7 requirements for the expansion of an anaerobic lagoon or 2 8 earthen manure storage basin than provided in section 2 9 455B.162, and not applying an exemption provided pursuant to 2 10 section 455B.165. 2 11 2. A person who violates a requirement adopted by a county 2 12 pursuant to this section shall be subject to a civil penalty 2 13 not to exceed five thousand dollars for each day of such 2 14 violation, unless the violation is also a violation of state 2 15 law. The violator shall be subject to prosecution by the 2 16 county attorney in the county where the violation occurs. The 2 17 person in violation may be restrained by an injunction in an 2 18 action brought by the county attorney. The county board of 2 19 supervisors may refer the case for prosecution to the attorney 2 20 general who may initiate and carry out the prosecution in 2 21 cooperation with the county attorney. 2 22 Sec. 4. Section 455B.171, Code 1997, is amended by adding 2 23 the following new subsections: 2 24 NEW SUBSECTION. 1A. "Anaerobic lagoon" means the same as 2 25 defined in section 455B.161. 2 26 NEW SUBSECTION. 2A. "Animal feeding operation structure" 2 27 means the same as defined in section 455B.161. 2 28 NEW SUBSECTION. 7A. "Earthen manure storage basin" means 2 29 the same as defined in section 455B.161. 2 30 NEW SUBSECTION. 29A. "Spray irrigation equipment" means 2 31 mechanical equipment commonly used for the artificial 2 32 application of water to growing crops if the equipment is 2 33 connected by hoses or pipes to an animal feeding operation 2 34 structure containing manure and the equipment is used for the 2 35 aerial application of manure to growing crops. 3 1 Sec. 5. NEW SECTION. 455B.205 AUTHORITY OF COUNTIES. 3 2 1. A county may adopt an ordinance providing requirements 3 3 for the storage of manure in an anaerobic lagoon or earthen 3 4 manure storage basin and for the disposal of manure by using 3 5 spray irrigation equipment which are more stringent than 3 6 required pursuant to section 455B.201 or 455B.204, or rules 3 7 adopted by the department. 3 8 2. A person who violates a requirement adopted by a county 3 9 pursuant to this section shall be subject to a civil penalty 3 10 not to exceed ten thousand dollars for each day of such 3 11 violation, unless the violation is also a violation of state 3 12 law. The violator shall be subject to prosecution by the 3 13 county attorney in the county where the violation occurs. The 3 14 person in violation may be restrained by an injunction in an 3 15 action brought by the county attorney. The county board of 3 16 supervisors may refer the case for prosecution to the attorney 3 17 general who may initiate and carry out the prosecution in 3 18 cooperation with the county attorney. 3 19 EXPLANATION 3 20 This bill amends provisions relating to the regulation of 3 21 animal feeding operations, by providing for county control 3 22 regarding the location and construction of anaerobic lagoons 3 23 and earthen manure storage basins, and the use of spray 3 24 irrigation equipment. 3 25 Code section 335.2 provides that land and structures 3 26 relating to an agricultural operation are exempt from county 3 27 zoning requirements. This bill provides that the exemption 3 28 does not apply to the construction or expansion of an 3 29 anaerobic lagoon or earthen manure storage basin which is part 3 30 of an animal feeding operation. 3 31 Code chapter 455B currently regulates air quality in part 3 32 by providing for distance requirements between animal feeding 3 33 operations and residences, religious institutions, businesses, 3 34 and schools. The chapter also provides for water quality by 3 35 regulating the storage and disposal of manure produced from 4 1 animal feeding operations. 4 2 This bill provides that a county may adopt an ordinance 4 3 providing construction or expansion requirements for anaerobic 4 4 lagoons and earthen manure storage basins, requirements for 4 5 the storage of manure from these structures, and the disposal 4 6 of manure by spray irrigation equipment that are more 4 7 stringent than provided in Code chapter 455B or rules adopted 4 8 by the department of natural resources under the chapter. The 4 9 bill provides that a person who violates a requirement is 4 10 subject to a civil penalty not to exceed $5,000 for each day 4 11 that an air quality violation occurs and $10,000 for each day 4 12 that a water quality violation occurs, unless the violation is 4 13 also a violation of state law. The bill authorizes the county 4 14 attorney to initiate prosecution of the case or to obtain an 4 15 injunction against the violator. The county board of 4 16 supervisors may also refer the case for prosecution to the 4 17 attorney general. 4 18 LSB 2566YH 77 4 19 da/cf/24
Text: HF00507 Text: HF00509 Text: HF00500 - HF00599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
Iowa General Assembly
Search: House Bills and Amendments (77th General Assembly)
© 1997 Cornell College and League of Women Voters of Iowa
Comments about this site or page? webmaster@legis.iowa.gov. Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Wed Mar 19 03:41:22 CST 1997
URL: /DOCS/GA/77GA/Legislation/HF/00500/HF00508/970310.html
jhf