Text: HF00567 Text: HF00569 Text: HF00500 - HF00599 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 NEW SUBSECTION. 29A. "Spray irrigation equipment" means 1 23 mechanical equipment used for the aerial application of manure 1 24 which receives manure from a structure which stores manure as 1 25 part of an animal feeding operation, including an animal 1 26 feeding operation structure during application via hoses or 1 27 piping, and which is a type of equipment which may also be 1 28 customarily used for artificial application of water to aid 1 29 the growing of general farm crops. 1 30 Sec. 2. Section 455B.173, subsection 13, Code 1997, is 1 31 amended to read as follows: 1 32 13. a. Adopt, modify, or repeal rules relating to the 1 33 construction, including expansion, or operation of animal 1 34 feeding operations. The rules shall include, but are not 1 35 limited to, minimum manure control requirements, requirements 2 1 for obtaining permits, and departmental evaluations of animal 2 2 feeding operations. The department shall not require that a 2 3 person obtain a permit for the construction of an animal 2 4 feeding operation structure, if the structure is part of a 2 5 small animal feeding operation. 2 6 b. The department shall collect an indemnity fee as 2 7 provided in section 204.3 prior to the issuance of a 2 8 construction permit. The department shall deposit moneys 2 9 collected in indemnity fees in the manure storage indemnity 2 10 fund created in section 204.2. 2 11 c. The department shall not approve a permit for the 2 12 construction of three or more animal feeding operation 2 13 structures unless the applicant files a statement approved by 2 14 a professional engineer registered pursuant to chapter 542B 2 15 certifying that the construction of the animal feeding 2 16 operation structure will not impede the drainage through 2 17 established drainage tile lines which cross property boundary 2 18 lines unless measures are taken to reestablish the drainage 2 19 prior to completion of construction.The department shall2 20deposit moneys collected in indemnity fees in the manure2 21storage indemnity fund created in section 204.2.2 22 d. The department must approve a permit prior to the 2 23 construction of a secondary manure containment structure 2 24 within a threatened area as provided in section 455B.202 which 2 25 is part of an animal feeding operation. When the department 2 26 investigates a permit application for the construction of an 2 27 animal feeding operation structure within a threatened area, 2 28 the department shall evaluate the potential for pollution to a 2 29 water supply source caused by manure originating from the 2 30 animal feeding operation structure. The department shall not 2 31 issue a permit for the construction of an anaerobic lagoon or 2 32 earthen manure storage basin which is on land located within a 2 33 threatened area as provided in section 455B.202, unless a 2 34 secondary manure containment structure is constructed around 2 35 the anaerobic lagoon or earthen manure storage basin as 3 1 provided in section 455B.202. 3 2 e. The department shall issue a permit for an animal 3 3 feeding operation, if an application is submitted according to 3 4 procedures required by the department, and the application 3 5 meets standards established by the department, regardless of 3 6 whether the animal feeding operation is required to obtain 3 7 such a permit. 3 8 f. An applicant for a construction permit shall not begin 3 9 construction at the location of a site planned for the 3 10 construction of an animal feeding operation structure, until 3 11 the person has been granted a permit for the construction of 3 12 the structure by the department. The department shall make a 3 13 determination regarding the approval or denial of a permit 3 14 within sixty days from the date that the department receives a 3 15 completed application for a permit. However, the sixty-day 3 16 requirement shall not apply to an application, if the 3 17 applicant is not required to obtain a permit in order to 3 18 construct an animal feeding operation structure or to operate 3 19 an animal feeding operation. 3 20 g. The department shall deliver a copy or require the 3 21 applicant to deliver a copy of the application for a 3 22 construction permit to the county board of supervisors in the 3 23 county where the confinement feeding operation or confinement 3 24 feeding operation structure subject to the permit is to be 3 25 located. The department shall not approve the application or 3 26 issue a construction permit until thirty days following 3 27 delivery of the application to the county board of 3 28 supervisors. The department shall consider comments from the 3 29 county board of supervisors, regarding compliance by the 3 30 applicant with the legal requirements for the construction of 3 31 the confinement feeding operation structure as provided in 3 32 this chapter, and rules adopted by the department pursuant to 3 33 this chapter, if the comments are delivered to the department 3 34 within fourteen days after receipt of the application by the 3 35 county board of supervisors. 4 1 h. Prior to granting a permit to a person for the 4 2 construction of an animal feeding operation structure, the 4 3 department may require the installation and operation of a 4 4 hydrological monitoring system for an exclusively earthen 4 5 manure storage structure, if, after an on-site inspection, the 4 6 department determines that the site presents an extraordinary 4 7 potential for groundwater pollution. 4 8 i. A person shall not obtain a permit for the construction 4 9 of a confinement feeding operation, unless the person develops 4 10 a manure management plan as provided in section 455B.203. 4 11 j. The department shall not issue a permit to a person 4 12 under this subsection if an enforcement action by the 4 13 department, relating to a violation of this chapter concerning 4 14 a confinement feeding operation in which the person has an 4 15 interest, is pending. The department shall not issue a permit 4 16 to a person under this subsection for five years after the 4 17 date of the last violation committed by a person or 4 18 confinement feeding operation in which the person holds a 4 19 controlling interest during which the person or operation was 4 20 classified as a habitual violator under section 455B.191. The 4 21 department shall conduct an annual review of each confinement 4 22 feeding operation which is a habitual violator and each 4 23 confinement feeding operation in which a habitual violator 4 24 holds a controlling interest. The department shall notify 4 25 persons classified as habitual violators of their 4 26 classification, additional restrictions imposed upon the 4 27 persons pursuant to the classification, and special civil 4 28 penalties that may be imposed upon the persons. The notice 4 29 shall be sent to the persons by certified mail. 4 30 Sec. 3. NEW SECTION. 455B.202 SPECIAL REGULATIONS 4 31 APPLICABLE WITHIN CERTAIN WATERSHEDS. 4 32 1. As used in this section, "threatened area" means the 4 33 area within a watershed which is part of a water impoundment 4 34 owned by the federal government, if water is directly drawn 4 35 from the impoundment to supply drinking water to human 5 1 populations. 5 2 2. A person shall not apply manure by spray irrigation 5 3 equipment within a threatened area. 5 4 3. Not later than July 1, 1998, the owner of an animal 5 5 feeding operation where there is located an anaerobic lagoon 5 6 or earthen manure storage basin shall construct a secondary 5 7 manure containment storage structure surrounding the anaerobic 5 8 lagoon or earthen manure storage basin. A person shall not 5 9 construct or expand an anaerobic lagoon or earthen manure 5 10 storage basin within a threatened area unless the person 5 11 constructs a secondary manure containment storage structure 5 12 surrounding the anaerobic lagoon or earthen manure storage 5 13 basin. 5 14 The secondary manure containment structure shall be 5 15 constructed of materials and according to specifications 5 16 required by rules which shall be adopted by the department in 5 17 order to ensure that any discharge of manure caused by a 5 18 design or construction fault in the anaerobic lagoon or 5 19 earthen manure storage basin is completely contained. The 5 20 department may provide different requirements based on 5 21 classifications established by the department. 5 22 EXPLANATION 5 23 This bill amends provisions in Code chapter 455B which 5 24 provides for the regulation of animal feeding operation 5 25 structures, including anaerobic lagoons and earthen manure 5 26 storage basins, by the department of natural resources. The 5 27 bill regulates animal feeding operations located in an area 5 28 within a watershed which is part of a federal impoundment used 5 29 to supply drinking water. 5 30 The bill provides that the owner of an agricultural animal 5 31 feeding operation where there is located an anaerobic lagoon 5 32 or earthen manure storage basin must, by July 1, 1998, 5 33 construct a secondary manure containment storage structure 5 34 surrounding each anaerobic lagoon or earthen manure storage 5 35 basin which is part of the animal feeding operation. The bill 6 1 requires a person who constructs a new anaerobic lagoon or 6 2 earthen manure storage basin also to construct a secondary 6 3 containment structure surrounding the lagoon or basin. 6 4 The bill provides that the department must approve a permit 6 5 prior to the construction of a secondary manure containment 6 6 structure. The bill requires that when the department 6 7 investigates an application for the construction of an animal 6 8 feeding operation structure, it must evaluate the potential 6 9 for pollution caused by manure originating from a structure. 6 10 The bill prohibits the department from issuing a permit for 6 11 the construction of an anaerobic lagoon or earthen manure 6 12 storage basin which is on land located within the watershed, 6 13 unless a secondary manure containment storage structure is 6 14 also constructed. 6 15 The bill provides that the secondary manure containment 6 16 storage structure must be constructed with materials and 6 17 according to specifications required by rules adopted by the 6 18 department. 6 19 A general civil penalty provision contained in Code section 6 20 455B.191 applies to a person who violates the bill. That Code 6 21 section provides in part that a violator is subject to a 6 22 $5,000 civil penalty for each day of a violation. 6 23 LSB 2507YH 77 6 24 da/jw/5
Text: HF00567 Text: HF00569 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: Fri Mar 21 03:41:16 CST 1997
URL: /DOCS/GA/77GA/Legislation/HF/00500/HF00568/970312.html
jhf