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PAG LIN 1 1 Amend Senate File 472 as follows: 1 2 #1. Page 1, by inserting before line 1 the 1 3 following: 1 4 "Section 1. NEW SECTION. 103A.7A SWINE 1 5 CONFINEMENT FEEDING OPERATION STRUCTURES MODEL 1 6 CODE. 1 7 The commissioner shall establish a model building 1 8 code for confinement swine feeding operation 1 9 structures required to obtain a license as provided in 1 10 section 455B.173, for use by counties in amending 1 11 their building codes. 1 12 Sec. . Section 137.6, Code 1997, is amended by 1 13 adding the following new subsection: 1 14 NEW SUBSECTION. 6. Monitor drinking water wells 1 15 which exist in close proximity to animal feeding 1 16 operations as provided by the state department 1 17 pursuant to section 455B.201. 1 18 Sec. . Section 204.5, unnumbered paragraph 1, 1 19 Code 1997, is amended to read as follows: 1 20 A county which has acquired real estate containing 1 21 aconfinement feeding operationmanure storage 1 22 structure, or an egg washwater storage structure as 1 23 defined in section 455B.161, following the nonpayment 1 24 of taxes pursuant to section 446.19, may clean up the 1 25 site, including removing and disposing of manure at 1 26 any time. The county may seek reimbursement including 1 27 by bringing an action for the costs of the removal and 1 28 disposal from the person abandoning the real estate. 1 29 Sec. . Section 331.304, subsection 3, paragraph 1 30 b, Code 1997, is amended to read as follows: 1 31 b.AExcept as otherwise provided in this 1 32 paragraph, a county building code shall not apply to 1 33farmhouses, barns, outbuildings, or otherfarm1 34 buildings or structures which are primarily adapted 1 35 for use for an agriculturalpurposespurpose, while so 1 36 used or under construction for that use. The county 1 37 building code may apply to a confinement swine feeding 1 38 operation structure constructed or expanded on or 1 39 after the effective date of this Act, which is 1 40 required to obtain a construction permit as provided 1 41 in section 455B.173. 1 42 Sec. . Section 455B.171, Code 1997, is amended 1 43 by adding the following new subsections: 1 44 NEW SUBSECTION. 4A. "Confinement swine feeding 1 45 operation" means a confinement feeding operation in 1 46 which swine are confined and fed. 1 47 NEW SUBSECTION. 4B. "Confinement swine feeding 1 48 operation structure" means a confinement building or 1 49 an animal feeding operation structure which is part of 1 50 a confinement feeding operation, all as defined in 2 1 section 455B.161. 2 2 NEW SUBSECTION. 12A. "Manure storage structure" 2 3 means an animal feeding operation structure used to 2 4 store manure as part of a confinement feeding 2 5 operation, including an anaerobic lagoon or earthen 2 6 manure storage structure, all as defined in section 2 7 455B.161. 2 8 Sec. . Section 455B.173, subsection 13, Code 2 9 1997, is amended to read as follows: 2 10 13. a. Adopt, modify, or repeal rules relating to 2 11 the construction or operation of animal feeding 2 12 operations. The rules shall include, but are not 2 13 limited to, minimum manure control requirements, 2 14 requirements for obtaining permits, and departmental 2 15 evaluations of animal feeding operations. The 2 16 department shall not require that a person obtain a 2 17 permit for the construction of an animal feeding 2 18 operation structure, if the structure is part of a 2 19 small animal feeding operation. 2 20 b. The department shall collect an indemnity fee 2 21 as provided in section 204.3 prior to the issuance of 2 22 a construction permit. The department shall deposit 2 23 moneys collected from indemnity fees in the manure 2 24 storage indemnity fund created in section 204.2. 2 25 c. The department shall not approve a permit for 2 26 the construction of a confinement swine feeding 2 27 operation structure or three or more other animal 2 28 feeding operation structures, unless the applicant 2 29 files a statement approved by a professional engineer 2 30 registered pursuant to chapter 542B certifying that 2 31 the construction of theanimal feeding operation2 32 structure will not impede the drainage through 2 33 established drainage tile lines which cross property 2 34 boundary lines unless measures are taken to 2 35 reestablish the drainage prior to completion of 2 36 construction.The department shall deposit moneys2 37collected in indemnity fees in the manure storage2 38indemnity fund created in section 204.2.The permit 2 39 for a confinement swine feeding operation structure 2 40 shall be conditional upon the removal of any drainage 2 41 tile located within fifty feet of the structure prior 2 42 to its operation, according to rules adopted by the 2 43 department, which shall provide for the removal, 2 44 capping, and rerouting of the drainage tile. 2 45 d. The department shall issue a permit for an 2 46 animal feeding operation, if an application is 2 47 submitted according to procedures required by the 2 48 department, and the application meets standards 2 49 established by the department, regardless of whether 2 50 the animal feeding operation is required to obtain 3 1 such a permit. An applicant for a construction permit 3 2 shall not begin construction at the location of a site 3 3 planned for the construction of an animal feeding 3 4 operation structure, until the person has been granted 3 5 a permit for the construction of the structure by the 3 6 department. The department shall make a determination 3 7 regarding the approval or denial of a permit within 3 8 sixty days from the date that the department receives 3 9 a completed application for a permit. However, the 3 10 sixty-day requirement shall not apply to an 3 11 application, if the applicant is not required to 3 12 obtain a permit in order to construct an animal 3 13 feeding operation structure or to operate an animal 3 14 feeding operation. The department shall deliver a 3 15 copy or require the applicant to deliver a copy of the 3 16 application for a construction permit to the county 3 17 board of supervisors in the county where the 3 18 confinement feeding operation or confinement feeding 3 19 operation structure subject to the permit is to be 3 20 located. The department shall not approve the 3 21 application or issue a construction permit until 3 22 thirty days following delivery of the application to 3 23 the county board of supervisors. The department shall 3 24 consider comments from the county board of 3 25 supervisors, regarding compliance by the applicant 3 26 with the legal requirements for the construction of 3 27 the confinement feeding operation structure as 3 28 provided in this chapter, and rules adopted by the 3 29 department pursuant to this chapter, if the comments 3 30 are delivered to the department within fourteen days 3 31 after receipt of the application by the county board 3 32 of supervisors. 3 33 e. Prior to granting a permit to a person for the 3 34 construction of an animal feeding operation, the 3 35 department may require the installation and operation 3 36 of a hydrological monitoring system for an exclusively 3 37 earthen manure storage structure, if, after an on-site 3 38 inspection, the department determines that the site 3 39 presents an extraordinary potential for groundwater 3 40 pollution. The department shall require the 3 41 installation and operation of a hydrological 3 42 monitoring system for a manure storage structure which 3 43 is part of a confinement feeding operation prior to 3 44 issuing a permit to the confinement feeding operation, 3 45 unless after an on-site inspection, the department 3 46 determines that no potential for groundwater pollution 3 47 exists. 3 48 f. A person shall not obtain a permit for the 3 49 construction of a confinement feeding operation, 3 50 unless the person develops a manure management plan as 4 1 provided in section 455B.203. 4 2 g. During each major stage of construction, the 4 3 department shall conduct an inspection of the 4 4 confinement swine feeding operation structure subject 4 5 to a permit required to be approved by the department, 4 6 in order to ensure that a confinement swine feeding 4 7 operation structure is being constructed according to 4 8 design requirements approved by the department. A 4 9 confinement swine feeding operation structure shall 4 10 not operate unless the department conducts a final 4 11 inspection and certifies that the confinement swine 4 12 feeding operation structure is constructed according 4 13 to requirements approved by the department. The 4 14 department shall conduct an annual inspection of each 4 15 confinement swine feeding operation required to obtain 4 16 a construction permit under this section. 4 17 h. The department shall not issue a permit to a 4 18 person under this subsection if an enforcement action 4 19 by the department, relating to a violation of this 4 20 chapter concerning a confinement feeding operation in 4 21 which the person has an interest, is pending. The 4 22 department shall not issue a permit to a person under 4 23 this subsection for five years after the date of the 4 24 last violation committed by a person or confinement 4 25 feeding operation in which the person holds a 4 26 controlling interest during which the person or 4 27 operation was classified as a habitual violator under 4 28 section 455B.191.The department shall conduct an4 29annual review of each confinement feeding operation4 30which is a habitual violator and each confinement4 31feeding operation in which a habitual violator holds a4 32controlling interest.The department shall notify 4 33 persons classified as habitual violators of their 4 34 classification, additional restrictions imposed upon 4 35 the persons pursuant to the classification, and 4 36 special civil penalties that may be imposed upon the 4 37 persons. The notice shall be sent to the persons by 4 38 certified mail. 4 39 Sec. . Section 455B.201, subsection 4, Code 4 40 1997, is amended to read as follows: 4 41 4. A person shall not apply manure by spray 4 42 irrigation equipment, except as provided by rules4 43which shall be adopted by the department pursuant to4 44chapter 17A. 4 45 Sec. . Section 455B.201, Code 1997, is amended 4 46 by adding the following new subsections: 4 47 NEW SUBSECTION. 5. The department shall provide 4 48 for the installation and operation of a hydrological 4 49 monitoring system for a manure storage structure which 4 50 is part of a confinement feeding operation structure, 5 1 unless after an on-site inspection, the department 5 2 determines that the site presents no potential for 5 3 groundwater pollution. 5 4 NEW SUBSECTION. 6. The department shall do all of 5 5 the following: 5 6 a. Cooperate with the Iowa department of public 5 7 health in regularly monitoring drinking water wells 5 8 which are located in close proximity to animal feeding 5 9 operations. The monitoring may be performed by 5 10 employees of a county board of health in the county 5 11 where a drinking water well is located and reported to 5 12 the department of natural resources as provided by the 5 13 Iowa department of public health. 5 14 b. Regularly inspect and evaluate the structural 5 15 integrity of manure storage structures which are part 5 16 of confinement swine feeding operations. The 5 17 department shall annually inspect and evaluate all 5 18 anaerobic lagoons and earthen manure storage basins 5 19 which are part of those operations and for which a 5 20 construction permit has been issued by the department. 5 21 NEW SUBSECTION. 7. Drainage tile shall not be 5 22 located within fifty feet from a manure storage 5 23 structure which is part of a confinement swine feeding 5 24 operation. The department shall adopt rules for the 5 25 inspection, removal, capping, and rerouting of the 5 26 drainage tile. The owner of a confinement swine 5 27 feeding operation shall comply with this subsection 5 28 not later than July 1, 1998." 5 29 #2. Page 1, by inserting after line 16 the 5 30 following: 5 31 "Sec. . Section 455B.203, subsection 2, Code 5 32 1997, is amended by adding the following new 5 33 paragraph: 5 34 NEW PARAGRAPH. h. A written record describing 5 35 actions taken to determine the existence of drainage 5 36 tile lines, including the findings, and actions taken 5 37 to comply with permit requirements in section 5 38 455B.173, and minimum manure control requirements 5 39 provided in section 455B.201. 5 40 Sec. . DEPARTMENT OF NATURAL RESOURCES RULES 5 41 REQUIRED. The department of natural resources shall 5 42 adopt as rules recommended manure application 5 43 practices as provided in 567 IAC 65, to apply to 5 44 confinement swine feeding operations, unless 5 45 inconsistent with statute or rules required to 5 46 implement this Act. 5 47 Sec. . EFFECTIVE DATE. This Act, being deemed 5 48 of immediate importance, takes effect upon enactment." 5 49 #3. Title page, line 1, by inserting after the 5 50 word "Act" the following: "regulating animal feeding 6 1 operations, including by regulating confinement swine 6 2 feeding operations and". 6 3 #4. Title page, line 3, by inserting after the 6 4 word "structure" the following: ", and providing an 6 5 effective date". 6 6 #5. By renumbering as necessary. 6 7 6 8 6 9 6 10 PATTY JUDGE 6 11 SF 472.203 77 6 12 da/jj/28
Text: S03179 Text: S03181 Text: S03100 - S03199 Text: S Index Bills and Amendments: General Index Bill History: General Index
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