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Text: S03179                            Text: S03181
Text: S03100 - S03199                   Text: S Index
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Senate Amendment 3180

Amendment Text

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 a confinement feeding operation manure 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.  A Except as otherwise provided in this
  1 32 paragraph, a county building code shall not apply to
  1 33 farm houses, barns, outbuildings, or other farm
  1 34 buildings or structures which are primarily adapted
  1 35 for use for an agricultural purposes purpose, 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 the animal feeding operation
  2 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 moneys
  2 37 collected in indemnity fees in the manure storage
  2 38 indemnity 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 an
  4 29 annual review of each confinement feeding operation
  4 30 which is a habitual violator and each confinement
  4 31 feeding operation in which a habitual violator holds a
  4 32 controlling 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 rules
  4 43 which shall be adopted by the department pursuant to
  4 44 chapter 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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