Text: HF02493 Text: HF02495 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 2494 1 2 1 3 AN ACT 1 4 PROVIDING FOR AGRICULTURAL PRODUCTION, INCLUDING REGULATING 1 5 ANIMAL FEEDING OPERATIONS AND MAKING PENALTIES APPLICABLE 1 6 AND PROVIDING EFFECTIVE DATES. 1 7 1 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 9 1 10 Section 1. NEW SECTION. 7D.10A ALLOCATION TO MANURE 1 11 STORAGE INDEMNITY FUND. 1 12 If moneys are not sufficient to support the manure storage 1 13 indemnity fund as provided in chapter 204, the executive 1 14 council may allocate from moneys in the general fund of the 1 15 state, which are not otherwise obligated or encumbered, an 1 16 amount to the manure storage indemnity fund as provided under 1 17 section 204.2. However, not more than a total of one million 1 18 dollars shall be allocated to the manure storage indemnity 1 19 fund at any time. 1 20 Sec. 2. Section 204.1, subsections 4, 8, and 9, Code 1997, 1 21 are amended to read as follows: 1 22 4. "Department" means the department ofagriculture and1 23land stewardshipnatural resources. 1 24 8. "Manure storage structure" meansa structure used to1 25store manure as part of a confinement feeding operation1 26subject to a construction permit issued by the department of1 27natural resources pursuant to section 455B.173. A manure1 28storage structure includes, but is not limited to, an1 29anaerobic lagoon, formed manure storage structure, or earthen1 30manure storage basin,the same as defined in section455B.1611 31 455B.171. 1 32 9. "Permittee" means a person who, pursuant to section 1 33 455B.200A, obtains a permit for the construction of a manure 1 34 storage structure, or a confinement feeding operation, if a 1 35 manure storage structure is connected to the confinement 2 1 feeding operation. 2 2 Sec. 3. Section 204.2, subsections 2, 3, and 5, Code 1997, 2 3 are amended to read as follows: 2 4 2. The fund consists of moneys from indemnity fees 2 5 remitted by permittees to the departmentof natural resources2 6and transferred to the department of agriculture and land2 7stewardshipas provided in section 204.3; moneys from 2 8 indemnity fees remitted by persons required to submit manure 2 9 management plans to the department pursuant to section 204.3A; 2 10 sums collected on behalf of the fund by the department through 2 11 legal action or settlement; moneys required to be repaid to 2 12 the department by a county pursuant to this chapter; civil 2 13 penalties assessed and collected by the departmentof natural2 14resourcesor the attorney general pursuant to chapter 455B, 2 15 againstpermitteesanimal feeding operations; moneys paid as a 2 16 settlement involving an enforcement action for a civil penalty 2 17 subject to assessment and collection against permittees by the 2 18 departmentof natural resourcesor the attorney general 2 19 pursuant to chapter 455B; interest, property, and securities 2 20 acquired through the use of moneys in the fund; or moneys 2 21 contributed to the fund from other sources. 2 22 3. The moneys collected under this sectionandshall be 2 23 deposited in the fund and shall be appropriated to the 2 24 department for the exclusive purpose ofindemnifying a county2 25for expenses related to cleaning up the site of the2 26confinement feeding operation, including removing and2 27disposing of manure from a manure storage structureproviding 2 28 moneys for cleanup of abandoned facilities as provided in 2 29 section 204.4, and to pay the department for costs related to 2 30 administering the provisions of this chapter. For each fiscal 2 31 year, the department shall not use more than one percent of 2 32 the total amount which is available in the fund or ten 2 33 thousand dollars, whichever is less, to pay for the costs of 2 34 administration. Moneys in the fund shall not be subject to 2 35 appropriation or expenditure for any other purpose than 3 1 provided in this section. 3 2 5. The following shall apply to moneys in the fund: 3 3 a. On August 31 following the close of each fiscal year, 3 4 moneys in the fund which are not obligated or encumbered on 3 5 June 30 of the past fiscal year,lessnot counting the 3 6 department's estimate of the cost to the fund for pending or 3 7 unsettled claims and any amount required to be credited to the 3 8 general fund of the state under this subsection,and which are3 9 in excess ofonethree million dollars,shall be deposited in 3 10 the organic nutrient management fund as created in section 3 11 161C.5 for purposes of supporting the organic nutrient 3 12 management program. 3 13 b. The executive council may allocate moneys from the 3 14 general fund of the state as provided in section 7D.10A in an 3 15 amount necessary to support the fund, including payment of 3 16 claims as provided in section 204.4. However, an allocation 3 17 of moneys from the general fund of the state shall be made 3 18 only if the amount of moneys in the fund, which are not 3 19 obligated or encumbered, and not counting the department's 3 20 estimate of the cost to the fund for pending or unsettled 3 21 claims and any amount required to be credited to the general 3 22 fund of the state under this subsection, is less than one 3 23 million dollars. 3 24 c. The department shall credit an amount to the general 3 25 fund of the state which is equal to an amount allocated to the 3 26 fund by the executive council under paragraph "b". The 3 27 department shall credit the moneys to the general fund of the 3 28 state, if the moneys in the fund which are not obligated or 3 29 encumbered, and not counting the department's estimate of the 3 30 cost to the fund for pending or unsettled claims and any 3 31 amount required to be transferred to the general fund under 3 32 this paragraph, are in excess of two million five hundred 3 33 thousand dollars. The department is not required to credit 3 34 the total amount to the general fund of the state during any 3 35 one fiscal year. 4 1 Sec. 4. Section 204.3, Code 1997, is amended to read as 4 2 follows: 4 3 204.3 FEES. 4 4 An indemnity fee shall be assessed upon permittees which 4 5 shall be paid to and collected by the departmentof natural4 6resources, prior to issuing a permit for the construction of a 4 7 confinement feeding operation as provided in section455B.1734 8 455B.200A. The amount of the fees shall be based on the 4 9 following: 4 10 1. If the confinement feeding operation has an animal 4 11 weight capacity of less than six hundred twenty-five thousand 4 12 pounds, the following shall apply: 4 13 a. For all animals other than poultry, the amount of the 4 14 fee shall befiveten cents per animal unit of capacity for 4 15 confinement feeding operations. 4 16 b. For poultry, the amount of the fee shall betwofour 4 17 cents per animal unit of capacity for confinement feeding 4 18 operations. 4 19 2. If the confinement feeding operation has an animal 4 20 weight capacity of six hundred twenty-five thousand or more 4 21 pounds but less than one million two hundred fifty thousand 4 22 pounds, the following shall apply: 4 23 a. For all animals other than poultry, the amount of the 4 24 fee shall beseven and one-halffifteen cents per animal unit 4 25 of capacity for confinement feeding operations. 4 26 b. For poultry, the amount of the fee shall bethreesix 4 27 cents per animal unit of capacity for confinement feeding 4 28 operations. 4 29 3. If the confinement feeding operation has an animal 4 30 weight capacity of one million two hundred fifty thousand or 4 31 more pounds, the following shall apply: 4 32 a. For all animals other than poultry, the amount of the 4 33 fee shall betentwenty cents per animal unit of capacity for 4 34 confinement feeding operations. 4 35 b. For poultry, the amount of the fee shall befoureight 5 1 cents per animal unit of capacity for confinement feeding 5 2 operations. 5 3 The departmentof natural resourcesshall deposit moneys 5 4 collected from the fees into the fund according to procedures 5 5 adopted by the departmentof agriculture and land stewardship. 5 6 Sec. 5. NEW SECTION. 204.3A MANURE MANAGEMENT PLAN – 5 7 INDEMNITY FEE REQUIRED. 5 8 An indemnity fee shall be assessed upon persons required to 5 9 submit a manure management plan as provided in section 5 10 455B.203, but not required to obtain a construction permit 5 11 pursuant to section 455B.200A. The amount of the fees shall 5 12 be ten cents per animal unit of capacity for confinement 5 13 feeding operations. 5 14 Sec. 6. Section 204.4, subsections 1 and 2, Code 1997, are 5 15 amended to read as follows: 5 16 1. A county that has acquired real estate containing a 5 17 manure storage structure following nonpayment of taxes 5 18 pursuant to section 446.19, may make a claim against the fund 5 19 to paythe costs of cleaning up the site of the confinement5 20feeding operation, including the costs of removing and5 21disposing of the manure from a manure storage structure5 22 cleanup costs incurred by the county as provided in section 5 23 204.5. Each claim shall include a bid by a qualified person, 5 24 other than a governmental entity, to remove and dispose of the 5 25 manure for a fixed amount specified in the bid. 5 26 2.TheIf a county provides cleanup under section 204.5 5 27 after acquiring real estate following nonpayment of taxes, the 5 28 department shall determine if a claim is eligible to be 5 29 satisfied under thissectionsubsection, and do one of the 5 30 following: 5 31 a. Pay the amount of the claim required in this section, 5 32 based on the fixed amount specified in the bid submitted by 5 33 the county upon completion of the work. 5 34 b. Obtain a lower fixed amount bid for the work from 5 35 another qualified person, other than a governmental entity, 6 1 and pay the amount of the claim required in this section, 6 2 based on the fixed amount in this bid upon completion of the 6 3 work. The department is not required to comply with section 6 4 18.6 in implementing this section. 6 5 2A. If a county provides cleanup of a condition causing a 6 6 clear, present, and impending danger to the public health or 6 7 environment, as provided in section 204.5, the county may make 6 8 a claim against the fund to pay cleanup costs incurred by the 6 9 county, according to procedures and requirements established 6 10 by rules adopted by the department. The department shall 6 11 determine if a claim is eligible to be satisfied under this 6 12 subsection, and pay the amount of the claim required in this 6 13 section. 6 14 Sec. 7. NEW SECTION. 204.4A USE OF FUND FOR EMERGENCY 6 15 CLEANUP. 6 16 If the department provides cleanup of a condition caused by 6 17 a confinement feeding operation as provided in section 204.5, 6 18 the department may use moneys in the fund for purposes of 6 19 supporting the cleanup. The department shall reimburse the 6 20 fund from moneys recovered by the department as reimbursement 6 21 for the cleanup as provided in section 204.5. 6 22 Sec. 8. Section 204.5, Code 1997, is amended to read as 6 23 follows: 6 24 204.5SITECLEANUP. 6 25 1. a. A countywhichthat has acquired real estate 6 26containingon which there is located a confinement feeding 6 27 operationstructure, as defined in section 455B.161, following 6 28 the nonpayment of taxes pursuant to section 446.19, mayclean6 29up the siteprovide for cleanup, including removing and 6 30 disposing of manure at any time, remediating contamination 6 31 which originates from the confinement feeding operation, or 6 32 demolishing and disposing of structures relating to the 6 33 confinement feeding operation. The county may seek 6 34 reimbursement including by bringing an action for the costs of 6 35 theremoval and disposalcleanup from the person abandoning 7 1 the real estate. 7 2 b. If the confinement feeding operation has caused a 7 3 clear, present, and impending danger to the public health or 7 4 the environment, the department may clean up the confinement 7 5 feeding operation and remediate contamination which originates 7 6 from the confinement feeding operation, pursuant to sections 7 7 455B.381 through 455B.399. If the department fails to 7 8 commence cleanup within twenty-four hours after being notified 7 9 of a condition requiring cleanup, the county may provide for 7 10 the cleanup as provided in this paragraph. The department or 7 11 county may seek reimbursement including by bringing an action 7 12 for the costs of the cleanup from a person liable for causing 7 13 the condition. 7 14 2. A person cleaning up asiteconfinement feeding 7 15 operation located on real estate acquired by a county may 7 16 demolish or dispose of any building or equipmentused inof 7 17 the confinement feeding operation located on the land 7 18 according to rules adopted by the departmentof natural7 19resourcespursuant to chapter 17A, which apply to the disposal 7 20 of farm buildings or equipment by an individual or business 7 21 organization. 7 22 Sec. 9. NEW SECTION. 331.304A LIMITATIONS ON COUNTY 7 23 LEGISLATION. 7 24 1. As used in this section: 7 25 a. "Aerobic structure", "animal", "animal feeding 7 26 operation", "animal feeding operation structure", and "manure" 7 27 mean the same as defined in section 455B.161. 7 28 b. "County legislation" means any ordinance, motion, 7 29 resolution, or amendment adopted by a county pursuant to 7 30 section 331.302. 7 31 2. A county shall not adopt or enforce county legislation 7 32 regulating a condition or activity occurring on land used for 7 33 the production, care, feeding, or housing of animals unless 7 34 the regulation of the production, care, feeding, or housing of 7 35 animals is expressly authorized by state law. County 8 1 legislation adopted in violation of this section is void and 8 2 unenforceable and any enforcement activity conducted in 8 3 violation of this section is void. A condition or activity 8 4 occurring on land used for the production, care, feeding, or 8 5 housing of animals includes but is not limited to the 8 6 construction, operation, or management of an animal feeding 8 7 operation, an animal feeding operation structure, or aerobic 8 8 structure, and to the storage, handling, or application of 8 9 manure or egg washwater. 8 10 Sec. 10. Section 455B.104, Code 1997, is amended to read 8 11 as follows: 8 12 455B.104 DEPARTMENTAL DUTIES – PERMITS – REQUIREMENTS 8 13 AND ASSISTANCE. 8 14 1. The department shall either approve or deny a permit to 8 15 a person applying for a permit under this chapter, within six 8 16 months from the date that the department receives a completed 8 17 application for the permit. An application which is not 8 18 approved or denied within the six-month period shall be 8 19 approved by default. The department shall issue a permit to 8 20 the applicant within ten days following the date of default 8 21 approval. However, thissectionsubsection shall not apply to 8 22 applications for permits which are issued under division II,8 23 or division IV, parts 2 through 7. 8 24 2. For five years after the date of the last violation of 8 25 this chapter committed by a person or by a confinement feeding 8 26 operation in which the person holds a controlling interest 8 27 during which the person or confinement feeding operation was 8 28 classified as a habitual violator under section 455B.191, all 8 29 of the following shall apply: 8 30 a. The department may not issue a new permit under this 8 31 chapter to the person or confinement feeding operation. 8 32 b. The department may revoke or refuse to renew an 8 33 existing permit issued under this chapter, to the person or 8 34 confinement feeding operation, if the permit relates to a 8 35 confinement feeding operation, and the department determines 9 1 that the continued operation of the confinement feeding 9 2 operation under the existing permit constitutes a clear, 9 3 present, and impending danger to the public health or 9 4 environment. 9 5 3. The department shall assist persons applying for 9 6 assistance to establish and operate renewable fuel production 9 7 facilities pursuant to the value-added agricultural products 9 8 and processes financial assistance program established in 9 9 section 15E.111. 9 10 Sec. 11. Section 455B.110, Code 1997, is amended to read 9 11 as follows: 9 12 455B.110 ANIMAL FEEDING OPERATIONS– COMMISSION APPROVAL9 13OFINVESTIGATIONS AND ENFORCEMENT ACTIONS. 9 14 1. A person may file a complaint alleging that an animal 9 15 feeding operation is in violation of this chapter, including 9 16 rules adopted by the department, or environmental standards or 9 17 regulations subject to federal law and enforced by the 9 18 department. 9 19 a. The complaint may be filed with the department 9 20 according to procedures required by the department or with the 9 21 county board of supervisors in the county where the violation 9 22 is alleged to have occurred, according to procedures required 9 23 by the board. The county auditor may accept the complaint on 9 24 behalf of the board. 9 25 b. If the county board of supervisors receives a 9 26 complaint, it shall conduct a review to determine if the 9 27 allegation contained in the complaint constitutes a violation, 9 28 without investigating whether the facts supporting the 9 29 allegation are true or untrue. 9 30 (1) If the county board of supervisors determines that the 9 31 allegation does not constitute a violation, it shall notify 9 32 the complainant, the animal feeding operation which is the 9 33 subject of the complaint, and the department, according to 9 34 rules adopted by the department. 9 35 (2) If the county board of supervisors determines that the 10 1 allegation constitutes a violation, it shall forward the 10 2 complaint to the department which shall investigate the 10 3 complaint as provided in this section. 10 4 c. If the department receives a complaint from a 10 5 complainant or a county forwarding a complaint, the department 10 6 shall conduct an investigation of the complaint, if the 10 7 department determines that the complaint is legally sufficient 10 8 and an investigation is justified. The department shall 10 9 receive a complaint filed by a complainant, regardless of 10 10 whether the complainant has filed a complaint with a county 10 11 board of supervisors. 10 12 (1) The department in its discretion shall determine the 10 13 urgency of the investigation, and the time and resources 10 14 required to complete the investigation, based upon the 10 15 circumstances of the case, including the severity of a threat 10 16 to the quality of surface or subsurface water. 10 17 (2) The department shall notify the county board of 10 18 supervisors in the county where the violation is alleged to 10 19 occur prior to investigating the premises of the alleged 10 20 violation. However, the department is not required to provide 10 21 notice if the department determines that a clear, present, and 10 22 impending danger to the public health or environment requires 10 23 immediate action. 10 24 (3) The county board of supervisors may designate a county 10 25 employee to accompany a departmental official during the 10 26 investigation of the premises of a confinement feeding 10 27 operation. The county designee shall have the same right of 10 28 access to the real estate of the premises as the departmental 10 29 official conducting the inspection during the period that the 10 30 county accompanies the departmental official. 10 31 (4) Upon the completion of an investigation, the 10 32 department shall notify the complainant of the results of the 10 33 investigation, including any anticipated, pending, or 10 34 completed enforcement action arising from the investigation. 10 35 The department shall deliver a copy of the notice to the 11 1 animal feeding operation that is the subject of the complaint 11 2 and the board of supervisors of the county where the violation 11 3 is alleged to have occurred. 11 4 d. A county board of supervisors or the department is not 11 5 required to divulge information regarding the identity of the 11 6 complainant. 11 7 2. When entering the premises of an animal feeding 11 8 operation, a person who is a departmental official, an agent 11 9 of the department, or a person accompanying the departmental 11 10 official or agent shall comply with section 455B.103. The 11 11 person shall also comply with standard biosecurity 11 12 requirements customarily required by the animal feeding 11 13 operation which are necessary in order to control the spread 11 14 of disease among an animal population. 11 15 3. The department shall not initiate an enforcement action 11 16 in response to a violation by an animal feeding operation as 11 17 provided in this chapter or a rule adopted pursuant to this 11 18 chapter, or request the commencement of legal action by the 11 19 attorney general pursuant to section 455B.141, unless the 11 20 commission has approved the intended action. Thissection11 21 subsection shall not apply to an enforcement action in which 11 22 the department enforces a civil penalty of three thousand 11 23 dollars or less. Thissectionsubsection shall also not apply 11 24 to an order to terminate an emergency issued by the director 11 25 pursuant to section 455B.175. 11 26 Sec. 12. Section 455B.161, Code 1997, is amended by adding 11 27 the following new subsections: 11 28 NEW SUBSECTION. 0A. "Aerobic structure" means an animal 11 29 feeding operation structure other than an egg washwater 11 30 storage structure which employs bacterial action which is 11 31 maintained by the utilization of air or oxygen and which 11 32 includes aeration equipment. 11 33 NEW SUBSECTION. 5A. "Cemetery" means a space held for the 11 34 purpose of permanent burial, entombment, or interment of human 11 35 remains that is owned or managed by a political subdivision or 12 1 private entity, or a cemetery regulated pursuant to chapter 12 2 523I or 566A. However, "cemetery" does not include a pioneer 12 3 cemetery as defined in section 331.325. 12 4 NEW SUBSECTION. 19A. "Spray irrigation equipment" means 12 5 the same as defined in section 455B.171. 12 6 NEW SUBSECTION. 21. "Unformed manure storage structure" 12 7 means a covered or uncovered animal feeding operation 12 8 structure in which manure is stored, other than a formed 12 9 manure storage structure, which is an anaerobic lagoon, 12 10 aerobic structure, or earthen manure storage basin. 12 11 Sec. 13. Section 455B.161, subsection 17, Code 1997, is 12 12 amended to read as follows: 12 13 17. "Public use area" meansthatany of the following: 12 14 a. A portion of land owned by the United States, the 12 15 state, or a political subdivision with facilities which 12 16 attract the public to congregate and remain in the area for 12 17 significant periods of time, as provided by rules which shall 12 18 be adopted by the department pursuant to chapter 17A. 12 19 b. A cemetery. 12 20 Sec. 14. NEW SECTION. 455B.161A CONFINEMENT FEEDING 12 21 OPERATIONS – SPECIAL TERMS. 12 22 For purposes of this part, all of the following shall 12 23 apply: 12 24 1. Two or more confinement feeding operations are adjacent 12 25 if all of the following apply: 12 26 a. An animal feeding operation structure which is part of 12 27 one confinement feeding operation is located within the 12 28 following distance from an animal feeding operation structure 12 29 which is part of the other confinement feeding operation: 12 30 (1) One thousand two hundred fifty feet for all of the 12 31 following: 12 32 (a) Confinement feeding operations having an animal weight 12 33 capacity of less than one million two hundred fifty thousand 12 34 pounds for animals other than bovine. 12 35 (b) Confinement feeding operations having an animal weight 13 1 capacity of less than four million pounds for bovine. 13 2 (2) One thousand five hundred feet for all of the 13 3 following: 13 4 (a) Confinement feeding operations having an animal weight 13 5 capacity of one million two hundred fifty thousand pounds or 13 6 more but less than two million pounds for animals other than 13 7 swine kept in a farrow-to-finish operation or bovine. 13 8 (b) Confinement feeding operations having an animal weight 13 9 capacity of one million two hundred fifty thousand pounds or 13 10 more but less than two million five hundred thousand pounds 13 11 for swine kept in a farrow-to-finish operation. 13 12 (c) Confinement feeding operations having an animal weight 13 13 capacity of four million or more pounds but less than six 13 14 million pounds for bovine. 13 15 (3) Two thousand five hundred feet for all of the 13 16 following: 13 17 (a) Confinement feeding operations having an animal weight 13 18 capacity of two million pounds or more for animals other than 13 19 swine kept in a farrow-to-finish operation or bovine. 13 20 (b) Confinement feeding operations having an animal weight 13 21 capacity of two million five hundred thousand pounds for swine 13 22 kept in a farrow-to-finish operation. 13 23 (c) Confinement feeding operations having an animal weight 13 24 capacity of six million or more pounds for bovine. 13 25 b. An animal feeding operation structure subject to the 13 26 distance requirements of this subsection is constructed after 13 27 March 20, 1996. 13 28 2. An animal feeding operation structure is "constructed" 13 29 when any of the following occurs: 13 30 a. Excavation for a proposed animal feeding operation 13 31 structure or proposed expansion of an existing animal feeding 13 32 operation structure, including excavation for the footings of 13 33 the animal feeding operation structure. 13 34 b. Forms for concrete are installed for a proposed animal 13 35 feeding operation structure or the proposed expansion of an 14 1 existing animal feeding operation structure. 14 2 c. Piping for the movement of manure is installed within 14 3 or between animal feeding operation structures as proposed or 14 4 proposed to be expanded. 14 5 Sec. 15. Section 455B.162, unnumbered paragraph 1, Code 14 6 1997, is amended to read as follows: 14 7 The following shall apply to animal feeding operation 14 8 structures: 14 9 1. Except as provided in subsection 2, and sections 14 10 455B.163 and 455B.165, this subsection applies to animal 14 11 feeding operation structures constructed on or after May 31, 14 12 1995, but prior to the effective date of this section; and to 14 13 the expansion of structures constructedon or after May 31,14 141995; or, except as provided in section 455B.163, to the14 15expansion of structures constructedprior toMay 31, 1995:the 14 16 effective date of this section. 14 17 Sec. 16. Section 455B.162, subsection 1, Code 1997, is 14 18 amended to read as follows: 14 191. Except as provided in subsection 2, the following table14 20shall apply to animal feeding operation structures:14 21a.The following table represents the minimum separation 14 22 distance in feet required between an animal feeding operation 14 23 structure and a residence not owned by the owner of the animal 14 24 feeding operation, or a commercial enterprise, bona fide 14 25 religious institution, or an educational institution: 14 26 Minimum 14 27 separation 14 28 distance in 14 29 feet for 14 30 operations 14 31 Minimum having an 14 32 separation animal Minimum 14 33 distance in weight separation 14 34 feet for capacity of distance in 14 35 operations 625,000 or feet for 15 1 having an more pounds operations 15 2 animal but less than having an 15 3 weight 1,250,000 animal 15 4 capacity of pounds for weight 15 5 less than animals other capacity of 15 6 625,000 than bovine, 1,250,000 or 15 7 pounds for or 1,600,000 more pounds 15 8 animals other or more for animals 15 9 than bovine, pounds but other than 15 10 or less than less than bovine, or 15 11 1,600,000 4,000,000 4,000,000 or 15 12 pounds for pounds for more pounds 15 13 Type of structure bovine bovine for bovine 15 14 Anaerobic 15 15 lagoon 1,250 1,875 2,500 15 16 Uncovered earthen 15 17 manure storage 15 18 basin 1,250 1,875 2,500 15 19 Uncovered formed 15 20 manure storage 15 21 structure 1,000 1,500 2,000 15 22 Covered earthen 15 23 manure storage 15 24 basin 750 1,000 1,500 15 25 Covered formed 15 26 manure storage 15 27 structure 750 1,000 1,500 15 28 Confinement 15 29 building 750 1,000 1,500 15 30 Egg washwater 15 31 storage structure 750 1,000 1,500 15 32 1A. Except as provided in subsection 2, and sections 15 33 455B.163 and 455B.165, this subsection applies to animal 15 34 feeding operation structures constructed on or after the 15 35 effective date of this section and to the expansion of 16 1 structures constructed on or after the effective date of this 16 2 section. The following table represents the minimum 16 3 separation distance in feet required between an animal feeding 16 4 operation structure and a residence not owned by the owner of 16 5 the animal feeding operation, or a commercial enterprise, bona 16 6 fide religious institution, or an educational institution: 16 7 Minimum 16 8 separation 16 9 distance in 16 10 feet for 16 11 operations 16 12 Minimum having an 16 13 separation animal Minimum 16 14 distance in weight separation 16 15 feet for capacity of distance in 16 16 operations 625,000 or feet for 16 17 having an more pounds operations 16 18 animal but less than having an 16 19 weight 1,250,000 animal 16 20 capacity of pounds for weight 16 21 less than animals other capacity of 16 22 625,000 than bovine, 1,250,000 or 16 23 pounds for or 1,600,000 more pounds 16 24 animals other or more for animals 16 25 than bovine, pounds but other than 16 26 or less than less than bovine, or 16 27 1,600,000 4,000,000 4,000,000 or 16 28 pounds for pounds for more pounds 16 29 Type of structure bovine bovine for bovine 16 30 Anaerobic 16 31 lagoon 1,250 1,875 2,500 16 32 Uncovered earthen 16 33 manure storage 16 34 basin 1,250 1,875 2,500 16 35 Uncovered formed 17 1 manure storage 17 2 structure 1,250 1,500 2,000 17 3 Covered earthen 17 4 manure storage 17 5 basin 1,000 1,250 1,875 17 6 Covered formed 17 7 manure storage 17 8 structure 1,000 1,250 1,875 17 9 Confinement 17 10 building 1,000 1,250 1,875 17 11 Egg washwater 17 12 storage 17 13 structure 750 1,000 1,500 17 14b.1B. Except as provided in subsection 2, and sections 17 15 455B.163 and 455B.165, this subsection applies to animal 17 16 feeding operation structures constructed on or after May 31, 17 17 1995; to the expansion of structures constructed on or after 17 18 May 31, 1995; and to the expansion of structures constructed 17 19 prior to May 31, 1995. The following table represents the 17 20 minimum separation distance in feet required between animal 17 21 feeding operation structures and a public use area or a 17 22 residence not owned by the owner of the animal feeding 17 23 operation, a commercial enterprise, a bona fide religious 17 24 institution, or an educational institution located within the 17 25 corporate limits of a city: 17 26 Minimum 17 27 separation 17 28 distance in 17 29 feet for 17 30 operations 17 31 Minimum having an 17 32 separation animal Minimum 17 33 distance in weight separation 17 34 feet for capacity of distance in 17 35 operations 625,000 or feet for 18 1 having an more pounds operations 18 2 animal but less than having an 18 3 weight 1,250,000 animal 18 4 capacity of pounds for weight 18 5 less than animals other capacity of 18 6 625,000 than bovine, 1,250,000 or 18 7 pounds for or 1,600,000 more pounds 18 8 animals other or more for animals 18 9 than bovine, pounds but other than 18 10 or less than less than bovine, or 18 11 1,600,000 4,000,000 4,000,000 or 18 12 pounds for pounds for more pounds 18 13 Type of structure bovine bovine for bovine 18 14 Animal feeding 18 15 operation 18 16 structure 1,250 1,875 2,500 18 17 1C. Except as provided in section 455B.165, on and after 18 18 the effective date of this section an animal feeding operation 18 19 structure shall not be constructed or expanded within one 18 20 hundred feet from a thoroughfare, including a road, street, or 18 21 bridge which is constructed or maintained by the state or a 18 22 political subdivision. 18 23 1D. Except as provided in section 455B.165, a person shall 18 24 not apply liquid manure from a confinement feeding operation 18 25 on land located within seven hundred fifty feet from a 18 26 residence not owned by the titleholder of the land, a 18 27 commercial enterprise, a bona fide religious institution, an 18 28 educational institution, or a public use area. 18 29 Sec. 17. Section 455B.162, subsection 2, paragraph a, Code 18 30 1997, is amended to read as follows: 18 31 a. As used in this subsection, a "qualified confinement 18 32 feeding operation" means a confinement feeding operation 18 33 having an animal weight capacity of two million or more pounds 18 34 for animals other than animals kept in a swine farrow-to- 18 35 finish operation or bovine kept in a confinement feeding 19 1 operation; a swine farrow-to-finish operation having an animal 19 2 weight capacity of two million five hundred thousand or more 19 3 pounds; or a confinement feeding operation having an animal 19 4 weight capacity ofsixeight million or more pounds for 19 5 bovine. 19 6 Sec. 18. Section 455B.163, Code 1997, is amended to read 19 7 as follows: 19 8 455B.163 SEPARATION DISTANCE REQUIREMENTS FOR ANIMAL 19 9 FEEDING OPERATIONS – EXPANSION OFSTRUCTURES CONSTRUCTED19 10PRIOR TO MAY 31, 1995PRIOR CONSTRUCTED OPERATIONS. 19 11 An animal feeding operation constructed or expanded prior 19 12 to the date that a distance requirement became effective under 19 13 section 455B.162 and which does not comply with the section's 19 14 distancerequirements of section 455B.162 on May 31, 1995,19 15 requirement may continue to operate regardless ofthose19 16separation distancesthe distance requirement. The animal 19 17 feeding operation may be expandedon or after May 31, 1995,19 18regardless of those separation distances,ifeitherany of the 19 19 following applies: 19 20 1. a.TheAn animal feeding operation structure as 19 21 constructed or expanded prior to the effective date of this 19 22 section, complies with the distance requirementsofapplying 19 23 to that structure as provided in section 455B.162. 19 24 b. An animal feeding operation structure as constructed or 19 25 expanded on or after the effective date of this section 19 26 complies with the distance requirements applying to that 19 27 structure as provided in section 455B.162. 19 28 2. All of the following apply to the expansion of the 19 29 animal feeding operation: 19 30 a. No portion of the animal feeding operation after 19 31 expansion is closer than before expansion to a location or 19 32 object for which separation is required under section 19 33 455B.162. 19 34 b. The animal weight capacity of the animal feeding 19 35 operation as expanded is not more than the lesser of the 20 1 following: 20 2 (1) Double its capacity on May 31, 1995, for an animal 20 3 feeding operation structure constructed prior to the effective 20 4 date of this section, or on the effective date of this 20 5 section, for an animal feeding operation structure constructed 20 6 on or after the effective date of this section. 20 7 (2) Either of the following: 20 8 (a) Six hundred twenty-five thousand pounds animal weight 20 9 capacity for animals other than bovine. 20 10 (b) One million six hundred thousand pounds animal weight 20 11 capacity for bovine. 20 12 3. The animal feeding operation was constructed prior to 20 13 the effective date of this section and is expanded by 20 14 replacing one or more unformed manure storage structures with 20 15 one or more formed manure storage structures, if all of the 20 16 following apply: 20 17 a. The animal weight capacity is not increased for that 20 18 portion of the animal feeding operation that utilizes all 20 19 replacement formed manure storage structures. 20 20 b. Use of each replaced unformed manure storage structure 20 21 is discontinued within one year after the construction of the 20 22 replacement formed manure storage structure. 20 23 c. The capacity of all replacement formed manure storage 20 24 structures does not exceed the amount required to store manure 20 25 produced by that portion of the animal feeding operation 20 26 utilizing the formed manure storage structures during any 20 27 fourteen-month period. 20 28 d. No portion of the replacement formed manure storage 20 29 structure is closer to an object or location for which 20 30 separation is required under section 455B.162 than any other 20 31 animal feeding operation structure which is part of the 20 32 operation. 20 33 Sec. 19. Section 455B.164, Code 1997, is amended to read 20 34 as follows: 20 35 455B.164 DISTANCE MEASUREMENTS. 21 1 All distances between locations or objects provided in this 21 2 part shall be measured from their closest points, as provided 21 3 by rules adopted by the department. However, a distance 21 4 between a thoroughfare and an animal feeding operation 21 5 structure shall be measured from the portion of the right-of- 21 6 way which is closest to the animal feeding operation 21 7 structure. 21 8 Sec. 20. Section 455B.165, subsections 2, 3, and 5, Code 21 9 1997, are amended to read as follows: 21 10 2. A confinement feeding operation structure,other than21 11an earthen manure storage basin,if the structure is part of a 21 12 confinement feeding operation which qualifies as a small 21 13 animal feeding operation. However, this subsection shall not 21 14 apply if the confinement feeding operation structure is an 21 15 unformed manure storage structure. 21 16 3. a. An animal feeding operation structure which is 21 17 constructed or expanded, if the titleholder of the land 21 18 benefiting from the distance separation requirement executes a 21 19 written waiver with the titleholder of the land where the 21 20 structure is located,. If an animal feeding operation 21 21 structure is constructed or expanded within the separation 21 22 distance required between an animal feeding operation 21 23 structure and a thoroughfare as required pursuant to section 21 24 455B.162, the state or a political subdivision constructing or 21 25 maintaining the thoroughfare benefiting from the distance 21 26 separation requirement may execute a written waiver with the 21 27 titleholder of the land where the structure is located. The 21 28 animal feeding operation structure shall be constructed or 21 29 expanded under such terms and conditions that the parties 21 30 negotiate. 21 31 b.TheA written waiver under this subsection becomes 21 32 effective only upon the recording of the waiver in the office 21 33 of the recorder of deeds of the county in which the benefited 21 34 land is located. The filed waiver shall preclude enforcement 21 35 by the state ofthis partsection 455B.162 as it relates to a 22 1 distance requirement between the animal feeding operation 22 2 structure and the location or object benefiting from the 22 3 separation distance requirement. 22 4 5. An animal feeding operation structure which islocated22 5 constructed or expanded within any distance from a residence, 22 6 educational institution, commercial enterprise, bona fide 22 7 religious institution, city, or public use area, if the 22 8 residence, educational institution, commercial enterprise, or 22 9 bona fide religious institution was constructed or expanded, 22 10 or the boundaries of the city or public use area were 22 11 expanded, after the date that the animal feeding operation was 22 12 established. The date the animal feeding operation was 22 13 established is the date on which the animal feeding operation 22 14 commenced operating. A change in ownership or expansion of 22 15 the animal feeding operation shall not change the established 22 16 date of operation. 22 17 Sec. 21. Section 455B.165, Code 1997, is amended by adding 22 18 the following new subsections: 22 19 NEW SUBSECTION. 3A. An animal feeding operation structure 22 20 which is constructed or expanded within a separation distance 22 21 required between an animal feeding operation structure and a 22 22 thoroughfare as required pursuant to section 455B.162, if 22 23 permanent vegetation stands between the animal feeding 22 24 operation structure and that part of the right-of-way from 22 25 which the separation distance is measured as provided in 22 26 section 455B.164. The permanent vegetation must stand along 22 27 the full length of the animal feeding operation structure. 22 28 The permanent vegetation must be at least seedlings and have a 22 29 mature predicted height of at least twenty feet. The 22 30 department shall adopt rules to carry out this subsection. 22 31 NEW SUBSECTION. 6. The application of liquid manure on 22 32 land within a separation distance required between the applied 22 33 manure and an object or location for which separation is 22 34 required under section 455B.162, if any of the following 22 35 apply: 23 1 a. The liquid manure is injected into the soil or 23 2 incorporated within the soil not later than twenty-four hours 23 3 from the original application, as provided by rules adopted by 23 4 the commission. 23 5 b. The titleholder of the land benefiting from the 23 6 separation distance requirement executes a written waiver with 23 7 the titleholder of the land where the manure is applied. 23 8 c. The liquid manure originates from a small animal 23 9 feeding operation. 23 10 d. The liquid manure is applied by spray irrigation 23 11 equipment using a center pivot mechanism as provided by rules 23 12 adopted by the department, if all of the following apply: 23 13 (1) The spray irrigation equipment uses hoses which 23 14 discharge the liquid manure in a downward direction at a 23 15 height of not more than nine feet above the soil. 23 16 (2) The spray irrigation equipment disperses manure 23 17 through an orifice at a rate of not more than twenty-five 23 18 pounds per square inch. 23 19 (3) The liquid manure is not applied within two hundred 23 20 fifty feet from a residence not owned by the titleholder of 23 21 the land, a commercial enterprise, a bona fide religious 23 22 institution, an educational institution, or a public use area. 23 23 NEW SUBSECTION. 7. The distance between an animal feeding 23 24 operation structure and a cemetery, if any of the following 23 25 applies: 23 26 a. The animal feeding operation structure was constructed 23 27 or expanded prior to the effective date of this section of 23 28 this Act. 23 29 b. The construction or expansion of the animal feeding 23 30 operation structure began prior to the effective date of this 23 31 section of this Act. 23 32 Sec. 22. Section 455B.171, Code Supplement 1997, is 23 33 amended by adding the following new subsections: 23 34 NEW SUBSECTION. 0A. "Aerobic structure" means the same as 23 35 defined in section 455B.161. 24 1 NEW SUBSECTION. 1A. "Anaerobic lagoon" means the same as 24 2 defined in section 455B.161. 24 3 NEW SUBSECTION. 2A. "Animal feeding operation structure" 24 4 means the same as defined in section 455B.161. 24 5 NEW SUBSECTION. 3A. "Commercial manure applicator" means 24 6 a person who engages in the business of and charges a fee for 24 7 applying manure on the land of another person. 24 8 NEW SUBSECTION. 7A. "Earthen manure storage basin" means 24 9 the same as defined in section 455B.161. 24 10 NEW SUBSECTION. 12A. "Manure storage structure" means an 24 11 animal feeding operation structure used to store manure as 24 12 part of a confinement feeding operation, including but not 24 13 limited to a formed or unformed manure storage structure. 24 14 NEW SUBSECTION. 23A. "Restricted spray irrigation 24 15 equipment" means spray irrigation equipment which disperses 24 16 manure through an orifice at a rate of eighty pounds per 24 17 square inch or more. 24 18 NEW SUBSECTION. 31A. "Spray irrigation equipment" means 24 19 mechanical equipment used for the aerial application of 24 20 manure, if the equipment receives manure from a manure storage 24 21 structure during application via a pipe or hose connected to 24 22 the structure, and includes a type of equipment customarily 24 23 used for the aerial application of water to aid the growing of 24 24 general farm crops. 24 25 NEW SUBSECTION. 32A. "Unformed manure storage structure" 24 26 means the same as defined in section 455B.161. 24 27 Sec. 23. Section 455B.173, subsection 13, Code 1997, is 24 28 amended by striking the subsection and inserting in lieu 24 29 thereof the following: 24 30 13. Adopt, modify, or repeal rules relating to the 24 31 construction or operation of animal feeding operations, as 24 32 provided in sections relating to animal feeding operations 24 33 provided in this part. 24 34 Sec. 24. Section 455B.191, subsection 7, unnumbered 24 35 paragraph 2, Code 1997, is amended to read as follows: 25 1 This subsection shall not apply unless the department of 25 2 natural resources has previously notified the person of the 25 3 person's classification as a habitual violatoras provided in25 4section 455B.173. The department shall notify persons 25 5 classified as habitual violators of their classification, 25 6 additional restrictions imposed upon the persons pursuant to 25 7 their classification, and special civil penalties that may be 25 8 imposed upon the persons. The notice shall be sent to the 25 9 persons by certified mail. 25 10 Sec. 25. NEW SECTION. 455B.200 GENERAL. 25 11 The commission shall establish by rule adopted pursuant to 25 12 chapter 17A, requirements relating to the construction, 25 13 including expansion, or operation of animal feeding 25 14 operations, including related animal feeding operation 25 15 structures. The requirements shall include but are not 25 16 limited to minimum manure control, the issuance of permits, 25 17 and departmental investigations, inspections, and testing. 25 18 Sec. 26. NEW SECTION. 455B.200A PERMIT REQUIREMENTS. 25 19 1. The department shall issue permits for the 25 20 construction, including the expansion, of animal feeding 25 21 operation structures, including structures which are part of 25 22 confinement feeding operations, as provided by rules adopted 25 23 pursuant to section 455B.200. The department shall issue a 25 24 permit to an animal feeding operation if an application is 25 25 submitted according to procedures required by the department 25 26 and the application meets standards established by the 25 27 department, regardless of whether the animal feeding operation 25 28 is required to obtain such a permit. The department shall not 25 29 require that a person obtain a permit for the construction of 25 30 an animal feeding operation structure if the structure is part 25 31 of a small animal feeding operation. For purposes of this 25 32 section, an animal feeding operation structure includes a 25 33 manure storage structure. 25 34 2. The department shall not issue a permit for the 25 35 construction of an animal feeding operation structure which is 26 1 part of a confinement feeding operation unless the person 26 2 submits all of the following: 26 3 a. An indemnity fee as provided in section 204.3 which the 26 4 department shall deposit into the manure storage indemnity 26 5 fund created in section 204.2. 26 6 b. A manure management plan as provided in section 26 7 455B.203. 26 8 3. The department shall not issue a permit for the 26 9 construction of three or more animal feeding operation 26 10 structures unless the applicant files a statement approved by 26 11 a professional engineer registered pursuant to chapter 542B 26 12 certifying that the construction of the animal feeding 26 13 operation structures will not impede the drainage through 26 14 established drainage tile lines which cross property boundary 26 15 lines unless measures are taken to reestablish the drainage 26 16 prior to completion of construction. 26 17 4. Prior to issuing a permit to a person for the 26 18 construction of an animal feeding operation, the department 26 19 may require the installation and operation of a hydrological 26 20 monitoring system for an exclusively earthen manure storage 26 21 structure according to rules which shall be adopted by the 26 22 department. 26 23 5. An applicant for a construction permit shall not begin 26 24 construction at the location of a site planned for the 26 25 construction of an animal feeding operation structure until 26 26 the person has been granted a permit for the construction of 26 27 the animal feeding operation structure by the department. 26 28 6. The department shall make a determination regarding the 26 29 approval or denial of a permit within sixty days from the date 26 30 that the department receives a completed application for a 26 31 permit. 26 32 7. The department shall deliver a copy or require the 26 33 applicant to deliver a copy of the application for a 26 34 construction permit for the construction of a confinement 26 35 feeding operation or related animal feeding operation 27 1 structure, including supporting documents, to the county board 27 2 of supervisors in the county where the confinement feeding 27 3 operation or related animal feeding operation structure 27 4 subject to the permit is proposed to be constructed. 27 5 The county auditor may accept the application on behalf of 27 6 the board. If the department requires the applicant to 27 7 deliver a copy of the application to the county board of 27 8 supervisors, the county shall notify the department that it 27 9 has received the application according to procedures required 27 10 by the department. 27 11 a. The county board of supervisors shall provide for 27 12 comment as follows: 27 13 (1) The board shall publish a notice that it has received 27 14 the application in a newspaper having a general circulation in 27 15 the county. The notice shall include all of the following: 27 16 (a) The name of the person applying to receive the 27 17 construction permit. 27 18 (b) The name of the township where the confinement feeding 27 19 operation or animal feeding operation is to be constructed or 27 20 expanded. 27 21 (c) Each type of animal feeding operation proposed to be 27 22 constructed or expanded. 27 23 (d) The animal weight capacity of the confinement feeding 27 24 operation if the construction permit is approved. 27 25 (e) The time when and the place where the application may 27 26 be examined as provided in section 22.2. 27 27 (f) Procedures for providing public comments to the board 27 28 of supervisors, as provided by the board. 27 29 (2) The board may hold a public hearing to receive public 27 30 comments regarding the application for the construction 27 31 permit. The county board of supervisors may submit comments 27 32 by the board and the public to the department as provided in 27 33 this section, including but not limited to all of the 27 34 following: 27 35 (a) The existence of an object or location not included in 28 1 the construction permit application which benefits from a 28 2 separation distance requirement as provided in section 28 3 455B.162 or 455B.204. 28 4 (b) The suitability of soils and the hydrology of the site 28 5 where construction or expansion of a confinement feeding 28 6 operation or related animal feeding operation structure is 28 7 proposed. 28 8 (c) The availability of land for the application of manure 28 9 originating from the confinement feeding operation. 28 10 (d) Whether the construction or expansion of a proposed 28 11 animal feeding operation structure will impede drainage 28 12 through established tile lines, laterals, or other 28 13 improvements which are constructed to facilitate the drainage 28 14 of land not owned by the person applying for the construction 28 15 permit. 28 16 b. The department shall notify the county board of 28 17 supervisors at least three days prior to conducting an 28 18 inspection of the site that the construction is proposed in 28 19 the permit application. The county board of supervisors may 28 20 designate a county employee to accompany a departmental 28 21 official during the site inspection. The county designee 28 22 shall have the same right to access to the site's real estate 28 23 as the departmental official conducting the inspection during 28 24 the period that the county designee accompanies the 28 25 departmental official. 28 26 c. The department shall not approve the application until 28 27 thirty days following delivery of the application to the 28 28 county board of supervisors. 28 29 d. The department shall consider and respond to comments 28 30 submitted by the county board of supervisors regarding 28 31 compliance by the applicant with the legal requirements for 28 32 approving the construction permit as provided in this chapter, 28 33 including rules adopted by the department pursuant to section 28 34 455B.200, if the comments are delivered to the department 28 35 within thirty days after receipt of the application by the 29 1 county board of supervisors. Upon written request by a county 29 2 resident, the county board of supervisors shall forward a copy 29 3 of the board's comments and the department's responses to the 29 4 county resident as provided in chapter 22. 29 5 8. The department shall notify the county board of 29 6 supervisors of the county where a confinement feeding 29 7 operation or related animal feeding operation structure 29 8 subject to a construction permit is proposed to be 29 9 constructed. The notice shall state the department's decision 29 10 to approve or disapprove an application for the construction 29 11 permit. The notice shall be delivered to the county within 29 12 three days following the department's decision. The county 29 13 board of supervisors may contest the decision by filing a 29 14 demand for a hearing before the commission as provided by 29 15 rules adopted by the department in conformance with chapter 29 16 17A. In contesting the decision, the county shall submit a 29 17 statement to the department, providing all reasons why the 29 18 application should be approved or disapproved according to 29 19 legal requirements provided in this chapter. 29 20 a. The county board of supervisors must contest the 29 21 decision within fourteen days following receipt of the 29 22 department's notice to approve or disapprove the application. 29 23 b. The contested decision shall be heard by the commission 29 24 according to procedures adopted by the commission. The 29 25 commission may hear the case as a contested case proceeding 29 26 under chapter 17A. The commission shall render a decision 29 27 within thirty-five days from the date that the county board of 29 28 supervisors files a demand for a hearing. The decision of the 29 29 commission shall be final agency action under chapter 17A. 29 30 9. a. The department shall not issue a permit to a person 29 31 under this section if an enforcement action by the department, 29 32 relating to a violation of this chapter concerning a 29 33 confinement feeding operation in which the person has an 29 34 interest, is pending, as provided in section 455B.202. 29 35 b. The department shall not issue a permit to a person 30 1 under this section for five years after the date of the last 30 2 violation committed by a person or confinement feeding 30 3 operation in which the person holds a controlling interest 30 4 during which the person or operation was classified as a 30 5 habitual violator under section 455B.191. 30 6 Sec. 27. NEW SECTION. 455B.200B CONFINEMENT FEEDING 30 7 OPERATIONS – SPECIAL TERMS. 30 8 For purposes of this part, all of the following shall 30 9 apply: 30 10 1. Two or more confinement feeding operations are adjacent 30 11 if any of the following apply: 30 12 a. All of the following apply: 30 13 (1) An animal feeding operation structure which is part of 30 14 one confinement feeding operation is located within one 30 15 thousand two hundred fifty feet from an animal feeding 30 16 operation structure which is part of the other confinement 30 17 feeding operation. 30 18 (2) The confinement feeding operations have a combined 30 19 animal weight capacity of the following: 30 20 (a) For animals other than bovine, less than six hundred 30 21 twenty-five thousand pounds. 30 22 (b) For bovine, less than one million six hundred thousand 30 23 pounds. 30 24 (3) An animal feeding operation structure subject to the 30 25 distance requirements of this paragraph must be constructed or 30 26 expanded on or after the effective date of this section. 30 27 b. All of the following apply: 30 28 (1) An animal feeding operation structure which is part of 30 29 one confinement feeding operation is located within two 30 30 thousand five hundred feet from an animal feeding operation 30 31 structure which is part of the other confinement feeding 30 32 operation. 30 33 (2) The confinement feeding operations have a combined 30 34 animal weight capacity of the following: 30 35 (a) For animals other than bovine, six hundred twenty-five 31 1 thousand pounds or more. 31 2 (b) For bovine, one million six hundred thousand pounds or 31 3 more. 31 4 (3) An animal feeding operation structure subject to the 31 5 distance requirements of this paragraph must be constructed on 31 6 or after the effective date of this section. 31 7 2. An animal feeding operation structure is "constructed" 31 8 in the same manner as provided in section 455B.161A. 31 9 Sec. 28. Section 445B.201, subsection 4, Code 1997, is 31 10 amended by striking the subsection. 31 11 Sec. 29. Section 455B.202, Code Supplement 1997, is 31 12 amended to read as follows: 31 13 455B.202 CONFINEMENT FEEDING OPERATIONS – PENDING ACTIONS 31 14 AND HABITUAL VIOLATORS. 31 15 1. As used in this section,"construction" means the same31 16as defined by rules adopted by the department applicable to31 17the construction of animal feeding operation structures as31 18provided in this partunless the context otherwise requires:.31 19 a. "Habitual violator" means a person classified as a 31 20 habitual violator pursuant to section 455B.191. 31 21 b. "Operation of law" means a transfer by inheritance, 31 22 devise or bequest, court order, dissolution decree, order in 31 23 bankruptcy, insolvency, replevin, foreclosure, execution sale, 31 24 the execution of a judgment, the foreclosure of a real estate 31 25 mortgage, the forfeiture of a real estate contract, or a 31 26 transfer resulting from a decree for specific performance. 31 27 c. "Suspect site" means a confinement feeding operation or 31 28 land where a confinement feeding operation could be 31 29 constructed, if the site is subject to a suspect transaction. 31 30 d. "Suspect transaction" means a transaction in which a 31 31 habitual violator does any of the following: 31 32 (1) Transfers a controlling interest in a suspect site to 31 33 any of the following: 31 34 (a) An employee of the habitual violator or business in 31 35 which the person holds a controlling interest. 32 1 (b) A person who holds an interest in a business, 32 2 including a confinement feeding operation, in which the 32 3 habitual violator holds a controlling interest. 32 4 (c) A person related to the habitual violator as spouse, 32 5 parent, grandparent, lineal ascendant of a grandparent or 32 6 spouse and any other lineal descendant of the grandparent or 32 7 spouse, or a person acting in a fiduciary capacity for a 32 8 related person. This paragraph does not apply to a 32 9 transaction completed by an operation of law. 32 10 (2) Provides financing for the construction or operation 32 11 of a confinement feeding operation to any person, by providing 32 12 a contribution or loan to the person, or providing cash or 32 13 other tangible collateral for a contribution or loan made by a 32 14 third person. 32 15 e. "Transaction" includes a transfer in any manner or by 32 16 any means, including any of the following: 32 17 (1) Delivery and acceptance between two parties, including 32 18 by contract or agreement with or without consideration, 32 19 including by sale, exchange, barter, or gift. 32 20 (2) An operation of law. 32 21 2. a. A person shall not construct or expand an animal 32 22 feeding operation structure which is part of a confinement 32 23 feeding operation, if the person isaany of the following: 32 24 (1) A party to a pending action for a violation of this 32 25 chapter concerning a confinement feeding operation in which 32 26 the person has a controlling interest and the action is 32 27 commenced in district court by the attorney general. 32 28 (2) A habitual violator. 32 29 b. A person shall not construct or expand an animal 32 30 feeding operation structure which is part of a confinement 32 31 feeding operation for five years after the date of the last 32 32 violation committed by a person or confinement feeding 32 33 operation in which the person holds a controlling interest 32 34 during which the person or operation was classified as a 32 35 habitual violatorunder section 455B.191. 33 13.c. Thissectionsubsection shall not prohibit a person 33 2 from completing the construction or expansion of an animal 33 3 feeding operation structure, if any of the following apply: 33 4a.(1) The person has an unexpired permit for the 33 5 construction or expansion of the animal feeding operation 33 6 structure. 33 7b.(2) The person is not required to obtain a permit for 33 8 the construction or expansion of the animal feeding operation 33 9 structure. 33 10 d. For purposes of this subsection, "construct" or 33 11 "expand" includes financing and contracting to build an animal 33 12 feeding operation structure regardless of whether the person 33 13 subsequently leases, owns, or operates the animal feeding 33 14 operation structure. 33 15 3. A person who receives a controlling interest in a 33 16 suspect site pursuant to a suspect transaction must submit a 33 17 notice of the transaction to the department within thirty 33 18 days. If, after notice and opportunity to be heard, pursuant 33 19 to the contested case provisions of chapter 17A, the 33 20 department finds that one purpose of the transaction was to 33 21 avoid the conditions and enhanced penalties imposed upon a 33 22 habitual violator, the person shall be subject to the same 33 23 conditions and enhanced penalties as applied to the habitual 33 24 violator at the time of the transaction. 33 25 4. The department shall conduct an annual review of each 33 26 confinement feeding operation which is a habitual violator and 33 27 each confinement feeding operation in which a habitual 33 28 violator holds a controlling interest. 33 29 Sec. 30. Section 455B.203, subsection 1, Code 1997, is 33 30 amended to read as follows: 33 31 1.In order to receiveThe following persons shall submit 33 32 a manure management plan to the department: 33 33 a. The owner of a confinement feeding operation, other 33 34 than a small animal feeding operation, if the animal feeding 33 35 operation was constructed after May 31, 1985, regardless of 34 1 whether the confinement feeding operation was required to be 34 2 constructed pursuant to a construction permit approved by 34 3 rules adopted by the department. 34 4 b. The owner of a confinement feeding operation, if the 34 5 confinement feeding operation is required to be constructed 34 6 pursuant to a permit issued by the department pursuant to 34 7 section 455B.200A. 34 8 c. A person who applies manure from a confinement feeding 34 9 operation, other than a small animal feeding operation, which 34 10 is located in another state, if the manure is applied on land 34 11 located in this state. 34 12 1A. A person shall not remove manure from a manure storage 34 13 structure which is part of a confinement feeding operation for 34 14 which a manure management plan is required under this section, 34 15 unless the department approves a manure management plan 34 16 submitted by the owner of the confinement feeding operation as 34 17 provided by the department on forms prescribed by the 34 18 department. The department may adopt rules allowing a person 34 19 to remove manure from a manure storage structure until the 34 20 manure management plan is approved or disapproved by the 34 21 department according to terms and conditions required by rules 34 22 adopted by the department. The department shall approve or 34 23 disapprove a manure management plan within sixty days of the 34 24 date that the department receives a completed plan. The 34 25 department shall not issue a permit for the construction of a 34 26 confinement feeding operation or a related animal feeding 34 27 operation structure unless the applicant submits a manure 34 28 management plan together with an application as provided in 34 29 section455B.173, a person shall submit a manure management34 30plan to the department together with the application for a34 31construction permit455B.200A. 34 32 Sec. 31. Section 455B.203, subsection 4, unnumbered 34 33 paragraph 1, Code 1997, is amended to read as follows: 34 34 A personreceiving a permit for the construction of a34 35confinement feeding operationrequired to submit a manure 35 1 management plan to the department shall maintain a current 35 2 manure management plan and maintain records sufficient to 35 3 demonstrate compliance with the manure management plan. 35 4 Chapter 22 shall not apply to the records which shall be kept 35 5 confidential by the department and its agents and employees. 35 6 The contents of the records are not subject to disclosure 35 7 except as follows: 35 8 Sec. 32. Section 455B.203, subsection 5, Code 1997, is 35 9 amended to read as follows: 35 10 5. The department may inspect the confinement feeding 35 11 operation at any time during normal working hours, and may 35 12 inspect records required to be maintained as part of the 35 13 manure management plan. The department shall regularly 35 14 inspect a confinement feeding operation if the operation or a 35 15 person holding a controlling interest in the operation is 35 16 classified as a habitual violator pursuant to section 35 17 455B.191. The department shall assess and the confinement 35 18 feeding operation shall pay the actual costs of the 35 19 inspection.However, in order to access the operation, the35 20departmental inspector must comply with standard disease35 21control restrictions customarily required by the operation.35 22The department shall comply with section 455B.103 in35 23conducting an investigation of the premises where the animals35 24are kept.35 25 Sec. 33. NEW SECTION. 455B.203A MANURE APPLICATORS 35 26 CERTIFICATION. 35 27 1. As used in this section, unless the context otherwise 35 28 requires: 35 29 a. "Commercial manure applicator" means the same as 35 30 defined in section 455B.171. 35 31 b. "Confinement site" means a site where there is located 35 32 a manure storage structure which is part of a confinement 35 33 feeding operation, other than a small animal feeding 35 34 operation. 35 35 c. "Confinement site manure applicator" means a person who 36 1 applies manure stored at a confinement site other than a 36 2 commercial manure applicator. 36 3 2. a. A commercial manure applicator shall not apply 36 4 manure to land, unless the person is certified pursuant this 36 5 section. 36 6 b. A confinement site manure applicator shall not apply 36 7 manure to land, unless the person is certified pursuant to 36 8 this section. 36 9 3. a. A person required to be certified as a commercial 36 10 manure applicator must be certified by the department each 36 11 year. The person shall be certified after completing an 36 12 educational program which shall consist of an examination 36 13 required to be passed by the person or three hours of 36 14 continuing instructional courses which the person must attend 36 15 each year in lieu of passing the examination. 36 16 b. A person required to be certified as a confinement site 36 17 manure applicator must be certified by the department each 36 18 three years. The person shall be certified after completing 36 19 an educational program which shall consist of an examination 36 20 required to be passed by the person or two hours of continuing 36 21 instructional courses which the person must attend each year 36 22 in lieu of passing the examination. 36 23 4. The department shall adopt, by rule, requirements for 36 24 the certification, including educational program requirements. 36 25 The department may establish different educational programs 36 26 designed for commercial manure applicators and confinement 36 27 site manure applicators. The department shall adopt rules 36 28 necessary to administer this section, including establishing 36 29 certification standards, which shall at least include 36 30 standards for the handling, application, and storage of 36 31 manure, the potential effects of manure upon surface water and 36 32 groundwater, and procedures to remediate the potential effects 36 33 on surface water or groundwater. 36 34 a. The department shall adopt by rule criteria for 36 35 allowing a person required to be certified to complete either 37 1 a written or oral examination. 37 2 b. The department shall administer the continuing 37 3 instructional courses, by either teaching the courses or 37 4 selecting persons to teach the courses, according to criteria 37 5 as provided by rules adopted by the department. The 37 6 department shall, to the extent possible, select persons to 37 7 teach the continuing instructional courses. The department is 37 8 not required to compensate persons to teach the continuing 37 9 instructional courses. In selecting persons, the department 37 10 shall consult with organizations interested in the application 37 11 of manure, including associations representing manure 37 12 applicators and associations representing agricultural 37 13 producers. The Iowa cooperative extension service in 37 14 agriculture and home economics of Iowa state university of 37 15 science and technology shall cooperate with the department in 37 16 administering the continuing instructional courses. The Iowa 37 17 cooperative extension service may teach continuing 37 18 instructional courses, train persons selected to teach 37 19 courses, or distribute informational materials to persons 37 20 teaching the courses. 37 21 c. The department, in administering the certification 37 22 program under this section, and the department of agriculture 37 23 and land stewardship in administering the certification 37 24 program for pesticide applicators may cooperate together. 37 25 5. a. This section shall not require a person to be 37 26 certified as a commercial manure applicator if any of the 37 27 following applies: 37 28 (1) The person is any of the following: 37 29 (a) Actively engaged in farming who trades work with 37 30 another such person. 37 31 (b) Employed by a person actively engaged in farming not 37 32 solely as a manure applicator who applies manure as an 37 33 incidental part of the person's general duties. 37 34 (c) Engaged in applying manure as an incidental part of a 37 35 custom farming operation. 38 1 (d) Engaged in applying manure as an incidental part of a 38 2 person's duties as provided by rules adopted by the department 38 3 providing for an exemption. 38 4 (2) The person applies manure for a period of thirty days 38 5 from the date of initial employment as a commercial manure 38 6 applicator if the person applying the manure is acting under 38 7 the instructions and control of a certified commercial manure 38 8 applicator who is both of the following: 38 9 (a) Physically present at the site where the manure is 38 10 located. 38 11 (b) In sight or hearing distance of the supervised person. 38 12 b. This section shall not require a person to be certified 38 13 as a confinement site manure applicator if all of the 38 14 following apply: 38 15 (1) The person is a part-time employee of a confinement 38 16 site manure applicator. 38 17 (2) The person is acting under the instructions and 38 18 control of a certified commercial manure applicator who is 38 19 both of the following: 38 20 (a) Physically present at the site where the manure is 38 21 located. 38 22 (b) In sight or hearing distance of the supervised person. 38 23 6. a. The department may charge a fee for certifying 38 24 persons under this section. The fee for certification shall 38 25 be based on the costs of administering and enforcing this 38 26 section and paying the expenses of the department relating to 38 27 certification. 38 28 b. All moneys received by the department under the 38 29 provisions of this chapter shall be handled in the same manner 38 30 as repayment receipts, as defined in section 8.2, and shall be 38 31 used solely for the administration and enforcement of this 38 32 chapter. 38 33 Sec. 34. NEW SECTION. 455B.203B APPLICATION 38 34 REQUIREMENTS. 38 35 1. The department shall adopt rules governing the 39 1 application of manure originating from an anaerobic lagoon or 39 2 aerobic structure which is part of a confinement feeding 39 3 operation. The rules shall establish application rates and 39 4 practices to minimize groundwater or surface water pollution 39 5 resulting from application, including pollution caused by 39 6 runoff or other manure flow resulting from precipitation 39 7 events. The rules shall establish different application rates 39 8 and practices based on the water holding capacity of the soil 39 9 at the time of application. 39 10 2. A person shall not apply manure by spray irrigation 39 11 equipment, except as provided by rules adopted by the 39 12 department pursuant to chapter 17A. However, a person shall 39 13 not use restricted spray irrigation equipment to apply manure 39 14 originating from a confinement feeding operation, unless the 39 15 manure has been diluted as provided by rules adopted by the 39 16 department, including diluted by use of an anaerobic lagoon. 39 17 Sec. 35. Section 455B.204, Code 1997, is amended to read 39 18 as follows: 39 19 455B.204 DISTANCE REQUIREMENTS. 39 20 1.An animal feeding operation structure shall be located39 21at least five hundred feet away from the surface intake of an39 22agricultural drainage well or known sinkhole, and at least two39 23hundred feet away fromAs used in this section, unless the 39 24 context otherwise requires: 39 25 a. "Major water source" means a lake, reservoir, river, or 39 26 stream located within the territorial limits of the state, any 39 27 marginal river area adjacent to the state, which can support a 39 28 floating vessel capable of carrying one or more persons during 39 29 a total of a six-month period in one out of ten years, 39 30 excluding periods of flooding which has been identified by 39 31 rules adopted by the commission. 39 32 b. "Watercourse" means any lake, river, creek, ditch, or 39 33 other body of water or channel having definite banks and bed 39 34 with water flow or the occurrence of water, except lakes or 39 35 ponds without outlet to which only one landowner is riparian. 40 1 2. Except as provided in subsection 3, the following shall 40 2 apply: 40 3 a. An animal feeding operation structure shall not be 40 4 constructed closer than five hundred feet away from a surface 40 5 intake, wellhead, or cistern of an agricultural drainage well 40 6 or known sinkhole. 40 7 b. An animal feeding operation structure shall not be 40 8 constructed if the animal feeding operation structure as 40 9 constructed is closer than any of the following: 40 10 (1) Two hundred feet away from a watercourse other than a 40 11 major water source. 40 12 (2) Five hundred feet away from a major water source. 40 13 c. A watercourse, other than a major water source, shall 40 14 not be constructed, expanded, or diverted, if the watercourse 40 15 as constructed, expanded, or diverted is closer than two 40 16 hundred feet away from an animal feeding operation structure. 40 17 d. A major water source shall not be constructed, 40 18 expanded, or diverted, if the water source as constructed, 40 19 expanded, or diverted is closer than five hundred feet from an 40 20 animal feeding operation structure. 40 21 3.However, no distanceA separationisdistance required 40 22between ain subsection 2 shall not apply to any of the 40 23 following: 40 24 a. A location or object and a farm pond or privately owned 40 25 lake, as defined in section 462A.2. 40 26 b. A manure storage structure constructed with a secondary 40 27 containment barrier. The department shall adopt rules 40 28 providing for the construction and use of a secondary 40 29 containment barrier, including design standards. 40 30 4. All distances between locations or objects shall be 40 31 measured from their closest points, as provided by rules 40 32 adopted by the department. 40 332. A person shall not dispose of manure closer to a40 34designated area than provided in section 159.27.40 35 5. A person shall not construct or expand an unformed 41 1 manure storage structure within an agricultural drainage well 41 2 area as provided in section 455I.5. 41 3 Sec. 36. NEW SECTION. 455B.205 MANURE STORAGE STRUCTURES 41 4 – CONSTRUCTION STANDARDS – INSPECTIONS. 41 5 1. The department shall establish by rule engineering 41 6 standards for the construction of manure storage structures 41 7 required to be constructed pursuant to a permit issued under 41 8 section 455B.200A. 41 9 2. The design standards for unformed manure storage 41 10 structures established by the department shall account for 41 11 special design characteristics of animal feeding operations, 41 12 including all of the following: 41 13 a. The lining of the structure shall be constructed with 41 14 materials deemed suitable by the department in order to 41 15 minimize seepage loss through the lining's seal. 41 16 b. The structure shall be constructed with materials 41 17 deemed suitable by the department in order to control erosion 41 18 on the structure's berm, side slopes, and base. 41 19 c. The structure shall be constructed to minimize seepage 41 20 into near-surface water sources. 41 21 d. The top of the floor of the structure's liner must be 41 22 above the groundwater table as determined by the department. 41 23 If the groundwater table is less than two feet below the top 41 24 of the liner's floor, the structure shall be installed with a 41 25 synthetic liner. If the department allows an unformed manure 41 26 storage structure to be located at a site by permanently 41 27 lowering the groundwater table, the department shall confirm 41 28 that the proposed system meets standards necessary to ensure 41 29 that the structure does not pollute groundwater sources. If 41 30 the department allows drain tile installed to lower a 41 31 groundwater table to remain where located, the department 41 32 shall require that a device be installed to allow monitoring 41 33 of the water in the drain tile line. The department shall 41 34 also require the installation of a device to allow shutoff of 41 35 the drain tile lines, if the drain tile lines do not have a 42 1 surface outlet accessible on the property where the structure 42 2 is located. 42 3 3. a. The department shall conduct a routine inspection 42 4 of each unformed manure storage structure at least once each 42 5 year. A routine inspection conducted pursuant to this 42 6 subsection shall be limited to a visual inspection of the site 42 7 where the unformed manure storage structure is located. The 42 8 department shall inspect the site at a reasonable time after 42 9 providing at least twenty-four hours' notice to the person 42 10 owning or managing the confinement feeding operation. The 42 11 visual inspection shall include, but not be limited to, 42 12 determining whether any of the following exists: 42 13 (1) An adequate freeboard level. 42 14 (2) The seepage of manure from the unformed manure storage 42 15 structure. 42 16 (3) Erosion. 42 17 (4) Inadequate vegetation cover. 42 18 (5) The presence of an opening allowing manure to drain 42 19 from the unformed manure storage structure. 42 20 b. Nothing in this subsection restricts the department 42 21 from conducting an inspection of an animal feeding operation 42 22 which is not routine. 42 23 Sec. 37. NEW SECTION. 455B.206 EXCEPTION TO REGULATION. 42 24 1. As used in this section, "research college" means an 42 25 accredited public or private college or university, including 42 26 but not limited to a university under the control of the state 42 27 board of regents as provided in chapter 262, or a community 42 28 college under the jurisdiction of a board of directors for a 42 29 merged area as provided in chapter 260C, if the college or 42 30 university performs research or experimental activities 42 31 regarding animal agriculture or agronomy. 42 32 2. The requirements of this part which regulate animal 42 33 feeding operations, including rules adopted by the department 42 34 pursuant to section 455B.200, shall not apply to research 42 35 activities and experiments performed under the authority and 43 1 regulations of a research college, if the research activities 43 2 and experiments relate to animal feeding operations, including 43 3 but not limited to the confinement of animals and the storage 43 4 and disposal of manure originating from animal feeding 43 5 operations. 43 6 3. This section shall not apply to requirements provided 43 7 in any of the following: 43 8 a. Section 455B.201, including rules adopted by the 43 9 department under that section. 43 10 b. Section 455B.204, including rules adopted by the 43 11 department under that section. 43 12 Sec. 38. Section 657.11, subsections 2, 3, 5, 6, 7, and 8, 43 13 Code 1997, are amended to read as follows: 43 14 2.If a person has received all permits required pursuant43 15to chapter 455B for an animal feeding operation, as defined in43 16section 455B.161, there shall be a rebuttable presumption that43 17anAn animal feeding operationis, as defined in section 43 18 455B.161, shall not be found to be a public or private 43 19 nuisance under this chapter or under principles of common law, 43 20 andthatthe animal feeding operationdoesshall not 43 21unreasonably and continuouslybe found to interfere with 43 22 another person's comfortable use and enjoyment of the person's 43 23 life or property under any other cause of action.The43 24rebuttable presumption also applies to persons who are not43 25required to obtain a permit pursuant to chapter 455B for an43 26animal feeding operation as defined in section 455B.161. The43 27rebuttable presumptionHowever, this section shall not apply 43 28 if the person bringing the action proves that an injury toa43 29 the person or damage to the person's property is proximately 43 30 caused byaeither of the following: 43 31 a. The failure to comply with a federal statute or 43 32 regulation or a state statute or rule which applies to the 43 33 animal feeding operation. 43 34 b.3. The rebuttable presumption may be overcome by clear43 35and convincing evidence of bothBoth of the following: 44 1a.(1) The animal feeding operation unreasonably and 44 2continuouslyfor substantial periods of time interferes with 44 3anotherthe person's comfortable use and enjoyment of the 44 4 person's life or property. 44 5b.(2) Theinjury or damage is proximately caused by the44 6negligent operation of theanimal feeding operation failed to 44 7 use existing prudent generally accepted management practices 44 8 reasonable for the operation. 44 9 5.The rebuttable presumption created by thisThis section 44 10 shall apply regardless of the established date of operation or 44 11 expansion of the animal feeding operation.The rebuttable44 12presumptionA defense against a cause of action provided in 44 13 this section includes, but is not limited to, a defense for 44 14 actions arising out of the care and feeding of animals; the 44 15 handling or transportation of animals; the treatment or 44 16 disposal of manure resulting from animals; the transportation 44 17 and application of animal manure; and the creation of noise, 44 18 odor, dust, or fumes arising from an animal feeding operation. 44 19 6.An animal feeding operation that complies with the44 20requirements in chapter 455B for animal feeding operations44 21shall be deemed to meet any common law requirements regarding44 22the standard of a normal person living in the locality of the44 23operation.44 247. AIf a court determines that a claim is frivolous, a 44 25 person who brings the claim as part of a losing cause of 44 26 action against a personfor whom the rebuttable presumption44 27createdwho may raise a defense under this sectionis not44 28rebutted,shall be liable to the person against whom the 44 29 action was brought for all costs and expenses incurred in the 44 30 defense of the action, if the court determines that a claim is44 31frivolous. 44 3287.The rebuttable presumption created in thisThis 44 33 section does not apply to an injury to a person or damages to 44 34 property caused by the animal feeding operation beforeMay 31,44 351995the effective date of this section. 45 1 Sec. 39. Section 657.11, subsection 4, unnumbered 45 2 paragraph 1, Code 1997, is amended to read as follows: 45 3The rebuttable presumptionThis section does not apply to a 45 4 person during any period that the person is classified as a 45 5 chronic violator under this subsection as to any confinement 45 6 feeding operation in which the person holds a controlling 45 7 interest, as defined by rules adopted by the department of 45 8 natural resources.The rebuttable presumptionThis section 45 9 shall apply to the person on and after the date that the 45 10 person is removed from the classification of chronic violator. 45 11 For purposes of this subsection, "confinement feeding 45 12 operation" means an animal feeding operation in which animals 45 13 are confined to areas which are totally roofed, and which are 45 14 regulated by the department of natural resources or the 45 15 environmental protection commission. 45 16 Sec. 40. 1995 Iowa Acts, chapter 195, section 37, is 45 17 amended to read as follows: 45 18 SEC. 37. ANIMAL AGRICULTURE CONSULTING ORGANIZATION. The 45 19 department of natural resources shall request that the Iowa 45 20 pork producers association, the Iowa cattlemen's association, 45 21 the Iowa poultry association, the Iowa dairy products 45 22 association,an organization representing agricultural45 23producers generally,Iowa state university, the soil 45 24 conservation division of the department of agriculture and 45 25 land stewardship,andthe natural resources conservation 45 26 service of the United States department of agriculture, and 45 27 after the effective date of this section of this Act as 45 28 amended by 1998 Iowa Acts, House File 2494, two organizations 45 29 representing agricultural producers generally each appoint one 45 30 member to consult with the departmentregarding. The 45 31 appointees shall consult with the department regarding this 45 32 Act, rules adopted pursuant to this Act, and the Act's 45 33 implementation. The department shall consult with 45 34 representatives in meetings which shall be conducted by the 45 35 department, upon the call of the director of the department or 46 1 the director's designee, or upon the request to the department 46 2 of any three members. The department shall request that the 46 3 representatives provide the department with recommendations 46 4 regarding the adoption of rules required to administer this 46 5 Act. This section is repealed on March 31, 2005. 46 6 Sec. 41. 1995 Iowa Acts, chapter 195, section 38, is 46 7 amended to read as follows: 46 8 SEC. 38. INDEMNITY FEES – PRIOR PERMITTEES. 46 9 1. The indemnity fee imposed upon permittees pursuant to 46 10 section 204.3, as enacted in this Act, shall be imposed upon 46 11 all persons who have received a permit by the department of 46 12 natural resources for the construction of a confinement 46 13 feeding operation with a manure storage structure as defined 46 14 in section455B.161204.1, as enacted in this Act, prior to 46 15 the effective date of this Act. However, an indemnity fee 46 16 shall not be imposed upona personthe following persons: 46 17 a. A person who has received a construction permit more 46 18 than ten years prior to the effective date of this Act. 46 19 b. A person who has received a construction permit within 46 20 ten years prior to May 31, 1995, if the confinement feeding 46 21 operation was not constructed under the permit and the permit 46 22 has expired. 46 23 2. To every extent possible, the department of natural 46 24 resources shall notify all persons required to pay the fee. 46 25 The notice shall be in writing. The department shall 46 26 establish a date when the fees must be paid to the department, 46 27 which shall be not less than three months after the delivery 46 28 of the notice. If a person is delinquent in paying the 46 29 indemnity fee when due, or if upon examination, an 46 30 underpayment of the fee is found by the department, the person 46 31 is subject to a penalty of ten dollars or an amount equal to 46 32 the amount of deficiency for each day of the delinquency, 46 33 whichever is less.After the date required for payment, the46 34department shall transfer all outstanding claims to the46 35department of agriculture and land stewardship.47 1 3. The department of natural resources shalldeliver to47 2 receive from the department of agriculture and land 47 3 stewardship the most current available information regarding 47 4 the persons required to pay the fee and any delinquency 47 5 penalty, including the names and addresses of the persons, and47 6the capacity of the confinement feeding operations subject to47 7the permit. The department ofagriculture and land47 8stewardshipnatural resources, in cooperation with the 47 9 attorney general, may bring a court action in order to collect 47 10 indemnity fees and delinquency penalties required to be paid 47 11 under this section. 47 12 Sec. 42. AMNESTY PERIOD. Notwithstanding 1995 Iowa Acts, 47 13 chapter 195, section 38, a person who has not paid an 47 14 indemnity fee as required by that Act, as amended by this Act, 47 15 shall not be subject to a delinquency penalty as provided in 47 16 that Act, if the person pays the full amount of the indemnity 47 17 fee to the department of agriculture and land stewardship on 47 18 or before December 31, 1998, as required by the department. 47 19 Sec. 43. EFFECT OF THIS ACT – REFUND. Nothing in this 47 20 Act requires the department of natural resources or the 47 21 department of agriculture and land stewardship to refund an 47 22 indemnity fee or delinquency penalty payment paid by 47 23 permittees pursuant to 1995 Iowa Acts, chapter 195, section 47 24 38. 47 25 Sec. 44. INDEMNITY FEES – PRIOR MANURE MANAGEMENT PLAN 47 26 SUBMITTEES. 47 27 1. The indemnity fee imposed upon persons required to 47 28 submit a manure management plan pursuant to section 204.3A, as 47 29 enacted in this Act, shall be imposed upon all persons who are 47 30 required to submit a manure management plan under section 47 31 455B.203 as amended in this Act. However, a fee shall not be 47 32 imposed upon a person who was not required to submit a manure 47 33 management plan to the department of natural resources 47 34 pursuant to 1995 Iowa Acts, chapter 195, and 567 IAC section 47 35 65.18(455B). 48 1 2. To every extent possible, the department shall notify 48 2 all persons required to pay the fee. The notice shall be in 48 3 writing. The department shall establish a date when the fees 48 4 must be paid to the department, which shall be not less than 48 5 three months after the delivery of the notice. If a person is 48 6 delinquent in paying the indemnity fee when due, or if upon 48 7 examination, an underpayment of the fee is found by the 48 8 department, the person is subject to a penalty of ten dollars 48 9 or an amount equal to the amount of deficiency for each day of 48 10 the delinquency, whichever is less. 48 11 Sec. 45. INDEMNITY FEES – PRIOR CONSTRUCTION PERMITTEES. 48 12 The department of agriculture and land stewardship shall 48 13 deliver to the department of natural resources the most 48 14 current available information regarding persons required to 48 15 pay the indemnity fee imposed pursuant to 1995 Iowa Acts, 48 16 chapter 195, section 38. The department of natural resources, 48 17 in cooperation with the attorney general, may bring a court 48 18 action in order to collect indemnity fees and delinquency 48 19 penalties as provided in that Act for deposit into the manure 48 20 storage indemnity fund as created in section 204.2. 48 21 Sec. 46. MANURE MANAGEMENT PLAN SUBMISSIONS. All persons 48 22 required to submit a manure management plan pursuant to 48 23 section 455B.203 as amended by this Act shall submit a manure 48 24 management plan according to the same requirements, as 48 25 provided in that section or rules adopted by the department 48 26 pursuant to that section. Persons who have submitted a manure 48 27 management plan that complies with those requirements are not 48 28 required to submit a new manure management plan. Persons who 48 29 have not submitted a manure management plan that complies with 48 30 those requirements shall not be required to submit a new 48 31 manure management plan until July 1, 1999. 48 32 Sec. 47. MANURE APPLICATOR CERTIFICATION – DELAYED 48 33 APPLICABILITY. A person shall not be required to be certified 48 34 as a commercial manure applicator or a confinement site manure 48 35 applicator as required pursuant to section 455B.203A, as 49 1 enacted in this Act, for sixty days following the effective 49 2 date of that section of this Act. 49 3 Sec. 48. ANIMAL AGRICULTURE CONSULTING ORGANIZATION. The 49 4 department of natural resources shall consult with the members 49 5 of the animal agriculture consulting organization regarding 49 6 this Act, rules adopted pursuant to this Act, and the Act's 49 7 implementation, to the same extent and in the same manner as 49 8 required in 1995 Iowa Acts, chapter 195, section 37, as 49 9 amended by this Act. 49 10 Sec. 49. DIRECTION TO THE DEPARTMENT OF NATURAL RESOURCES 49 11 – RULEMAKING. The department of natural resources shall 49 12 adopt all rules necessary to administer and enforce this Act 49 13 by January 1, 1999. The department is required to adopt rules 49 14 under this Act, including adopting new rules or amending 49 15 existing rules, only to the extent that rules must be adopted 49 16 in order to comply with the requirements of this Act. This 49 17 section shall not be construed to limit the authority of the 49 18 department to adopt rules under this Act or other statutory 49 19 authority which the department determines is necessary or 49 20 advisable. 49 21 Sec. 50. DIRECTIONS TO IOWA CODE EDITOR. 49 22 1. The Iowa Code editor is directed to transfer chapter 49 23 204, as amended by this Act, to a chapter determined 49 24 appropriate by the Iowa Code editor. The Iowa Code editor 49 25 shall correct internal references as necessary. 49 26 2. The Iowa Code editor is directed to transfer section 49 27 159.27 to or near section 455B.204A. 49 28 Sec. 51. TRANSFER OF PROVISIONS. The transfer of 49 29 provisions from one section to another section does not affect 49 30 the effect or applicability of rules adopted by the department 49 31 of natural resources, except as required by the provisions of 49 32 this Act. 49 33 Sec. 52. SEVERABILITY. If any provision of this Act or 49 34 the application of this Act to any person or circumstance is 49 35 held invalid, the invalidity shall not affect other provisions 50 1 or applications of this Act which shall be given effect 50 2 without the invalid provision or application, and to this end 50 3 the provisions of this Act are severable. 50 4 Sec. 53. EFFECTIVE DATES. 50 5 1. Sections 9, 10, 14, 27, 29, 38, 39, 40 through 43, 48, 50 6 49, and this section, being deemed of immediate importance, 50 7 take effect upon enactment. 50 8 2. Sections 11, 13, 15, 16, 18 through 21, 23, 26, 30, 31, 50 9 and 33 through 35 take effect on January 1, 1999. 50 10 50 11 50 12 50 13 RON J. CORBETT 50 14 Speaker of the House 50 15 50 16 50 17 50 18 MARY E. KRAMER 50 19 President of the Senate 50 20 50 21 I hereby certify that this bill originated in the House and 50 22 is known as House File 2494, Seventy-seventh General Assembly. 50 23 50 24 50 25 50 26 ELIZABETH ISAACSON 50 27 Chief Clerk of the House 50 28 Approved , 1998 50 29 50 30 50 31 50 32 TERRY E. BRANSTAD 50 33 Governor
Text: HF02493 Text: HF02495 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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