Text: S05542 Text: S05544 Text: S05500 - S05599 Text: S Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend House File 2494, as amended, passed, and 1 2 reprinted by the House, as follows: 1 3 #1. By striking everything after the enacting 1 4 clause and inserting the following: 1 5 "Section 1. NEW SECTION. 7D.10A ALLOCATION TO 1 6 MANURE STORAGE INDEMNITY FUND. 1 7 If moneys are not sufficient to support the manure 1 8 storage indemnity fund as provided in chapter 204, the 1 9 executive council may allocate from moneys in the 1 10 general fund of the state, which are not otherwise 1 11 obligated or encumbered, an amount to the manure 1 12 storage indemnity fund as provided under section 1 13 204.2. However, not more than a total of one million 1 14 dollars shall be allocated to the manure storage 1 15 indemnity fund at any time. 1 16 Sec. 2. Section 204.1, subsections 4, 8, and 9, 1 17 Code 1997, are amended to read as follows: 1 18 4. "Department" means the department of 1 19agriculture and land stewardshipnatural resources. 1 20 8. "Manure storage structure" meansa structure1 21used to store manure as part of a confinement feeding1 22operation subject to a construction permit issued by1 23the department of natural resources pursuant to1 24section 455B.173. A manure storage structure1 25includes, but is not limited to, an anaerobic lagoon,1 26formed manure storage structure, or earthen manure1 27storage basin,the same as defined in section455B.1611 28 455B.171. 1 29 9. "Permittee" means a person who, pursuant to 1 30 section 455B.200A, obtains a permit for the 1 31 construction of a manure storage structure, or a 1 32 confinement feeding operation, if a manure storage 1 33 structure is connected to the confinement feeding 1 34 operation. 1 35 Sec. 3. Section 204.2, subsections 2, 3, and 5, 1 36 Code 1997, are amended to read as follows: 1 37 2. The fund consists of moneys from indemnity fees 1 38 remitted by permittees to the departmentof natural1 39resources and transferred to the department of1 40agriculture and land stewardshipas provided in 1 41 section 204.3; moneys from indemnity fees remitted by 1 42 persons required to submit manure management plans to 1 43 the department pursuant to section 204.3A; sums 1 44 collected on behalf of the fund by the department 1 45 through legal action or settlement; moneys required to 1 46 be repaid to the department by a county pursuant to 1 47 this chapter; civil penalties assessed and collected 1 48 by the departmentof natural resourcesor the attorney 1 49 general pursuant to chapter 455B, againstpermittees1 50 animal feeding operations; moneys paid as a settlement 2 1 involving an enforcement action for a civil penalty 2 2 subject to assessment and collection against 2 3 permittees by the departmentof natural resourcesor 2 4 the attorney general pursuant to chapter 455B; 2 5 interest, property, and securities acquired through 2 6 the use of moneys in the fund; or moneys contributed 2 7 to the fund from other sources. 2 8 3. The moneys collected under this sectionand2 9 shall be deposited in the fund and shall be 2 10 appropriated to the department for the exclusive 2 11 purpose ofindemnifying a county for expenses related2 12to cleaning up the site of the confinement feeding2 13operation, including removing and disposing of manure2 14from a manure storage structureproviding moneys for 2 15 cleanup of abandoned facilities as provided in section 2 16 204.4, and to pay the department for costs related to 2 17 administering the provisions of this chapter. For 2 18 each fiscal year, the department shall not use more 2 19 than one percent of the total amount which is 2 20 available in the fund or ten thousand dollars, 2 21 whichever is less, to pay for the costs of 2 22 administration. Moneys in the fund shall not be 2 23 subject to appropriation or expenditure for any other 2 24 purpose than provided in this section. 2 25 5. The following shall apply to moneys in the 2 26 fund: 2 27 a. On August 31 following the close of each fiscal 2 28 year, moneys in the fund which are not obligated or 2 29 encumbered on June 30 of the past fiscal year,less2 30 not counting the department's estimate of the cost to 2 31 the fund for pending or unsettled claims and any 2 32 amount required to be credited to the general fund of 2 33 the state under this subsection,and which arein 2 34 excess ofonethree million dollars,shall be 2 35 deposited in the organic nutrient management fund as 2 36 created in section 161C.5 for purposes of supporting 2 37 the organic nutrient management program. 2 38 b. The executive council may allocate moneys from 2 39 the general fund of the state as provided in section 2 40 7D.10A in an amount necessary to support the fund, 2 41 including payment of claims as provided in section 2 42 204.4. However, an allocation of moneys from the 2 43 general fund of the state shall be made only if the 2 44 amount of moneys in the fund, which are not obligated 2 45 or encumbered, and not counting the department's 2 46 estimate of the cost to the fund for pending or 2 47 unsettled claims and any amount required to be 2 48 credited to the general fund of the state under this 2 49 subsection, is less than one million dollars. 2 50 c. The department shall credit an amount to the 3 1 general fund of the state which is equal to an amount 3 2 allocated to the fund by the executive council under 3 3 paragraph "b". The department shall credit the moneys 3 4 to the general fund of the state, if the moneys in the 3 5 fund which are not obligated or encumbered, and not 3 6 counting the department's estimate of the cost to the 3 7 fund for pending or unsettled claims and any amount 3 8 required to be transferred to the general fund under 3 9 this paragraph, are in excess of two million five 3 10 hundred thousand dollars. The department is not 3 11 required to credit the total amount to the general 3 12 fund of the state during any one fiscal year. 3 13 Sec. 4. Section 204.3, Code 1997, is amended to 3 14 read as follows: 3 15 204.3 FEES. 3 16 An indemnity fee shall be assessed upon permittees 3 17 which shall be paid to and collected by the department 3 18of natural resources, prior to issuing a permit for 3 19 the construction of a confinement feeding operation as 3 20 provided in section455B.173455B.200A. The amount of 3 21 the fees shall be based on the following: 3 22 1. If the confinement feeding operation has an 3 23 animal weight capacity of less than six hundred 3 24 twenty-five thousand pounds, the following shall 3 25 apply: 3 26 a. For all animals other than poultry, the amount 3 27 of the fee shall befiveten cents per animal unit of 3 28 capacity for confinement feeding operations. 3 29 b. For poultry, the amount of the fee shall betwo3 30 four cents per animal unit of capacity for confinement 3 31 feeding operations. 3 32 2. If the confinement feeding operation has an 3 33 animal weight capacity of six hundred twenty-five 3 34 thousand or more pounds but less than one million two 3 35 hundred fifty thousand pounds, the following shall 3 36 apply: 3 37 a. For all animals other than poultry, the amount 3 38 of the fee shall beseven and one-halffifteen cents 3 39 per animal unit of capacity for confinement feeding 3 40 operations. 3 41 b. For poultry, the amount of the fee shall be 3 42threesix cents per animal unit of capacity for 3 43 confinement feeding operations. 3 44 3. If the confinement feeding operation has an 3 45 animal weight capacity of one million two hundred 3 46 fifty thousand or more pounds, the following shall 3 47 apply: 3 48 a. For all animals other than poultry, the amount 3 49 of the fee shall betentwenty cents per animal unit 3 50 of capacity for confinement feeding operations. 4 1 b. For poultry, the amount of the fee shall be 4 2foureight cents per animal unit of capacity for 4 3 confinement feeding operations. 4 4 The departmentof natural resourcesshall deposit 4 5 moneys collected from the fees into the fund according 4 6 to procedures adopted by the departmentof agriculture4 7and land stewardship. 4 8 Sec. 5. NEW SECTION. 204.3A MANURE MANAGEMENT 4 9 PLAN – INDEMNITY FEE REQUIRED. 4 10 An indemnity fee shall be assessed upon persons 4 11 required to submit a manure management plan as 4 12 provided in section 455B.203, but not required to 4 13 obtain a construction permit pursuant to section 4 14 455B.200A. The amount of the fees shall be ten cents 4 15 per animal unit of capacity for confinement feeding 4 16 operations. 4 17 Sec. 6. Section 204.4, subsections 1 and 2, Code 4 18 1997, is amended to read as follows: 4 19 1. A county that has acquired real estate 4 20 containing a manure storage structure following 4 21 nonpayment of taxes pursuant to section 446.19, may 4 22 make a claim against the fund to paythe costs of4 23cleaning up the site of the confinement feeding4 24operation, including the costs of removing and4 25disposing of the manure from a manure storage4 26structurecleanup costs incurred by the county as 4 27 provided in section 204.5. Each claim shall include a 4 28 bid by a qualified person, other than a governmental 4 29 entity, to remove and dispose of the manure for a 4 30 fixed amount specified in the bid. 4 31 2.TheIf a county provides cleanup under section 4 32 204.5 after acquiring real estate following nonpayment 4 33 of taxes, the department shall determine if a claim is 4 34 eligible to be satisfied under thissection4 35 subsection, and do one of the following: 4 36 a. Pay the amount of the claim required in this 4 37 section, based on the fixed amount specified in the 4 38 bid submitted by the county upon completion of the 4 39 work. 4 40 b. Obtain a lower fixed amount bid for the work 4 41 from another qualified person, other than a 4 42 governmental entity, and pay the amount of the claim 4 43 required in this section, based on the fixed amount in 4 44 this bid upon completion of the work. The department 4 45 is not required to comply with section 18.6 in 4 46 implementing this section. 4 47 2A. If a county provides cleanup of a condition 4 48 causing a clear, present, and impending danger to the 4 49 public health or environment, as provided in section 4 50 204.5, the county may make a claim against the fund to 5 1 pay cleanup costs incurred by the county, according to 5 2 procedures and requirements established by rules 5 3 adopted by the department. The department shall 5 4 determine if a claim is eligible to be satisfied under 5 5 this subsection, and pay the amount of the claim 5 6 required in this section. 5 7 Sec. 7. NEW SECTION. 204.4A USE OF FUND FOR 5 8 EMERGENCY CLEANUP. 5 9 If the department provides cleanup of a condition 5 10 caused by a confinement feeding operation as provided 5 11 in section 204.5, the department may use moneys in the 5 12 fund for purposes of supporting the cleanup. The 5 13 department shall reimburse the fund from moneys 5 14 recovered by the department as reimbursement for the 5 15 cleanup as provided in section 204.5. 5 16 Sec. 8. Section 204.5, Code 1997, is amended to 5 17 read as follows: 5 18 204.5SITECLEANUP. 5 19 1. a. A countywhichthat has acquired real 5 20 estatecontainingon which there is located a 5 21 confinement feeding operationstructure, as defined in5 22section 455B.161, following the nonpayment of taxes 5 23 pursuant to section 446.19, mayclean up the site5 24 provide for cleanup, including removing and disposing 5 25 of manure at any time, remediating contamination which 5 26 originates from the confinement feeding operation, or 5 27 demolishing and disposing of structures relating to 5 28 the confinement feeding operation. The county may 5 29 seek reimbursement including by bringing an action for 5 30 the costs of theremoval and disposalcleanup from the 5 31 person abandoning the real estate. 5 32 b. If the confinement feeding operation has caused 5 33 a clear, present, and impending danger to the public 5 34 health or the environment, the department may clean up 5 35 the confinement feeding operation and remediate 5 36 contamination which originates from the confinement 5 37 feeding operation, pursuant to sections 455B.381 5 38 through 455B.399. If the department fails to provide 5 39 cleanup within twenty-four hours after being notified 5 40 of a condition requiring cleanup, the county may 5 41 provide for the cleanup as provided in this paragraph. 5 42 The department or county may seek reimbursement 5 43 including by bringing an action for the costs of the 5 44 cleanup from a person liable for causing the 5 45 condition. 5 46 2. A person cleaning up asiteconfinement feeding 5 47 operation located on real estate acquired by a county 5 48 may demolish or dispose of any building or equipment 5 49used inof the confinement feeding operation located 5 50 on the land according to rules adopted by the 6 1 departmentof natural resourcespursuant to chapter 6 2 17A, which apply to the disposal of farm buildings or 6 3 equipment by an individual or business organization. 6 4 Sec. 9. NEW SECTION. 331.304A LIMITATIONS ON 6 5 COUNTY LEGISLATION. 6 6 1. As used in this section: 6 7 a. "Aerobic structure", "animal", "animal feeding 6 8 operation", "animal feeding operation structure", and 6 9 "manure" mean the same as defined in section 455B.161. 6 10 b. "County legislation" means any ordinance, 6 11 motion, resolution, or amendment adopted by a county 6 12 pursuant to section 331.302. 6 13 2. A county shall not adopt or enforce county 6 14 legislation regulating a condition or activity 6 15 occurring on land used for the production, care, 6 16 feeding, or housing of animals unless the regulation 6 17 of the production, care, feeding, or housing of 6 18 animals is expressly authorized by state law. County 6 19 legislation adopted in violation of this section is 6 20 void and unenforceable and any enforcement activity 6 21 conducted in violation of this section is void. A 6 22 condition or activity occurring on land used for the 6 23 production, care, feeding, or housing of animals 6 24 includes but is not limited to the construction, 6 25 operation, or management of an animal feeding 6 26 operation, an animal feeding operation structure, or 6 27 aerobic structure, and to the storage, handling, or 6 28 application of manure or egg washwater. 6 29 Sec. 10. Section 455B.104, Code 1997, is amended 6 30 to read as follows: 6 31 455B.104 DEPARTMENTAL DUTIES – PERMITS – 6 32 REQUIREMENTS AND ASSISTANCE. 6 33 1. The department shall either approve or deny a 6 34 permit to a person applying for a permit under this 6 35 chapter, within six months from the date that the 6 36 department receives a completed application for the 6 37 permit. An application which is not approved or 6 38 denied within the six-month period shall be approved 6 39 by default. The department shall issue a permit to 6 40 the applicant within ten days following the date of 6 41 default approval. However, thissectionsubsection 6 42 shall not apply to applications for permits which are 6 43 issued under division II,or division IV, parts 2 6 44 through 7. 6 45 2. The department shall not issue a new permit to 6 46 and may revoke or refuse to renew an existing permit 6 47 held by a person under this chapter during a period of 6 48 five years after the date of the last violation 6 49 committed by the person or by a confinement feeding 6 50 operation in which the person holds a controlling 7 1 interest during the period for which the person or 7 2 operation was classified as a habitual violator under 7 3 section 455B.191. 7 4 3. The department shall assist persons applying 7 5 for assistance to establish and operate renewable fuel 7 6 production facilities pursuant to the value-added 7 7 agricultural products and processes financial 7 8 assistance program established in section 15E.111. 7 9 Sec. 11. Section 455B.110, Code 1997, is amended 7 10 to read as follows: 7 11 455B.110 ANIMAL FEEDING OPERATIONS–COMMISSION7 12APPROVAL OFINVESTIGATIONS AND ENFORCEMENT ACTIONS. 7 13 1. A person may file a complaint alleging that an 7 14 animal feeding operation is in violation of this 7 15 chapter, including rules adopted by the department, or 7 16 environmental standards or regulations subject to 7 17 federal law and enforced by the department. 7 18 a. The complaint may be filed with the department 7 19 according to procedures required by the department or 7 20 with the county board of supervisors in the county 7 21 where the violation is alleged to have occurred, 7 22 according to procedures required by the board. The 7 23 county auditor may accept the complaint on behalf of 7 24 the board. 7 25 b. If the county board of supervisors receives a 7 26 complaint, it shall conduct a review to determine if 7 27 the allegation contained in the complaint constitutes 7 28 a violation, without investigating whether the facts 7 29 supporting the allegation are true or untrue. 7 30 (1) If the county board of supervisors determines 7 31 that the allegation does not constitute a violation, 7 32 it shall notify the complainant, the animal feeding 7 33 operation which is the subject of the complaint, and 7 34 the department, according to rules adopted by the 7 35 department. 7 36 (2) If the county board of supervisors determines 7 37 that the allegation constitutes a violation, it shall 7 38 forward the complaint to the department which shall 7 39 investigate the complaint. 7 40 c. If the department receives a complaint from a 7 41 complainant or a county forwarding a complaint, the 7 42 department shall conduct an investigation of the 7 43 complaint. The department shall receive a complaint 7 44 filed by a complainant, regardless of whether the 7 45 complainant has filed a complaint with a county board 7 46 of supervisors. 7 47 (1) The department in its discretion shall 7 48 determine the urgency of the investigation, and the 7 49 time and resources required to complete the 7 50 investigation, based upon the circumstances of the 8 1 case, including the severity of a threat to the 8 2 quality of surface or subsurface water. 8 3 (2) The department shall notify the county board 8 4 of supervisors in the county where the violation is 8 5 alleged to occur prior to investigating the premises 8 6 of the alleged violation. However, the department is 8 7 not required to provide notice if the department 8 8 determines that a clear, present, and impending danger 8 9 to the public health or environment requires immediate 8 10 action. 8 11 (3) The county board of supervisors may designate 8 12 a county employee to accompany a departmental official 8 13 during the investigation of the premises of a 8 14 confinement feeding operation. The county designee 8 15 shall have the same right of access to the premises as 8 16 the departmental official conducting the inspection 8 17 during the period that the county accompanies the 8 18 departmental official. 8 19 (4) Upon the completion of an investigation, the 8 20 department shall notify the complainant of the results 8 21 of the investigation, including any anticipated, 8 22 pending, or completed enforcement action arising from 8 23 the investigation. The department shall deliver a 8 24 copy of the notice to the animal feeding operation 8 25 that is the subject of the complaint and the board of 8 26 supervisors of the county where the violation is 8 27 alleged to have occurred. 8 28 d. A county board of supervisors or the department 8 29 is not required to divulge information regarding the 8 30 identity of the complainant. 8 31 2. When entering the premises of an animal feeding 8 32 operation, a person who is a departmental official, an 8 33 agent of the department, or a person accompanying the 8 34 departmental official or agent shall comply with 8 35 section 455B.103. The person shall also comply with 8 36 standard biosecurity requirements customarily required 8 37 by the animal feeding operation which are necessary in 8 38 order to control the spread of disease among an animal 8 39 population. 8 40 3. The department shall not initiate an 8 41 enforcement action in response to a violation by an 8 42 animal feeding operation as provided in this chapter 8 43 or a rule adopted pursuant to this chapter, or request 8 44 the commencement of legal action by the attorney 8 45 general pursuant to section 455B.141, unless the 8 46 commission has approved the intended action. This 8 47sectionsubsection shall not apply to an enforcement 8 48 action in which the department enforces a civil 8 49 penalty of three thousand dollars or less. This 8 50sectionsubsection shall also not apply to an order to 9 1 terminate an emergency issued by the director pursuant 9 2 to section 455B.175. 9 3 Sec. 12. Section 455B.161, Code 1997, is amended 9 4 by adding the following new subsections: 9 5 NEW SUBSECTION. 0A. "Aerobic structure" means an 9 6 animal feeding operation structure other than an egg 9 7 washwater storage structure which employs bacterial 9 8 action which is maintained by the utilization of air 9 9 or oxygen and which includes aeration equipment. 9 10 NEW SUBSECTION. 21. "Unformed manure storage 9 11 structure" means a covered or uncovered animal feeding 9 12 operation structure in which manure is stored, other 9 13 than a formed manure storage structure, which is an 9 14 anaerobic lagoon, aerobic structure, or earthen manure 9 15 storage basin. 9 16 Sec. 13. NEW SECTION. 455B.161A CONFINEMENT 9 17 FEEDING OPERATIONS – SPECIAL TERMS. 9 18 For purposes of this part, all of the following 9 19 shall apply: 9 20 1. Two or more confinement feeding operations are 9 21 adjacent if all of the following apply: 9 22 a. An animal feeding operation structure which is 9 23 part of one confinement feeding operation is located 9 24 within the following distance from an animal feeding 9 25 operation structure which is part of the other 9 26 confinement feeding operation: 9 27 (1) One thousand two hundred fifty feet for all of 9 28 the following: 9 29 (a) Confinement feeding operations having an 9 30 animal weight capacity of less than one million two 9 31 hundred fifty thousand pounds for animals other than 9 32 bovine. 9 33 (b) Confinement feeding operations having an 9 34 animal weight capacity of less than four million 9 35 pounds for bovine. 9 36 (2) One thousand five hundred feet for all of the 9 37 following: 9 38 (a) Confinement feeding operations having an 9 39 animal weight capacity of one million two hundred 9 40 fifty thousand pounds or more but less than two 9 41 million pounds for animals other than swine kept in a 9 42 farrow-to-finish operation or bovine. 9 43 (b) Confinement feeding operations having an 9 44 animal weight capacity of one million two hundred 9 45 fifty thousand pounds or more but less than two 9 46 million five hundred thousand pounds for swine kept in 9 47 a farrow-to-finish operation. 9 48 (c) Confinement feeding operations having an 9 49 animal weight capacity of four million or more pounds 9 50 but less than six million pounds for bovine. 10 1 (3) Two thousand five hundred feet for all of the 10 2 following: 10 3 (a) Confinement feeding operations having an 10 4 animal weight capacity of two million pounds or more 10 5 for animals other than swine kept in a farrow-to- 10 6 finish operation or bovine. 10 7 (b) Confinement feeding operations having an 10 8 animal weight capacity of two million five hundred 10 9 thousand pounds for swine kept in a farrow-to-finish 10 10 operation. 10 11 (c) Confinement feeding operations having an 10 12 animal weight capacity of six million or more pounds 10 13 for bovine. 10 14 b. An animal feeding operation structure subject 10 15 to the distance requirements of this subsection is 10 16 constructed after March 20, 1996. 10 17 2. An animal feeding operation structure is 10 18 "constructed" when any of the following occurs: 10 19 a. Excavation for a proposed animal feeding 10 20 operation structure or proposed expansion of an 10 21 existing animal feeding operation structure, including 10 22 excavation for the footings of the animal feeding 10 23 operation structure. 10 24 b. Forms for concrete are installed for a proposed 10 25 animal feeding operation structure or the proposed 10 26 expansion of an existing animal feeding operation 10 27 structure. 10 28 c. Piping for the movement of manure is installed 10 29 within or between animal feeding operation structures 10 30 as proposed or proposed to be expanded. 10 31 Sec. 14. Section 455B.162, unnumbered paragraph 1, 10 32 Code 1997, is amended to read as follows: 10 33 The following shall apply to animal feeding 10 34 operation structures: 10 35 1. Except as provided in subsection 2, and 10 36 sections 455B.163 and 455B.165, this subsection 10 37 applies to animal feeding operation structures 10 38 constructed on or after May 31, 1995, but prior to the 10 39 effective date of this section; and to the expansion 10 40 of structures constructedon or after May 31, 1995;10 41or, except as provided in section 455B.163, to the10 42expansion of structures constructedprior toMay 31,10 431995:the effective date of this section. 10 44 Sec. 15. Section 455B.162, subsection 1, Code 10 45 1997, is amended to read as follows: 10 461. Except as provided in subsection 2, the10 47following table shall apply to animal feeding10 48operation structures:10 49a.The following table represents the minimum 10 50 separation distance in feet required between an animal 11 1 feeding operation structure and a residence not owned 11 2 by the owner of the animal feeding operation, or a 11 3 commercial enterprise, bona fide religious 11 4 institution, or an educational institution: 11 5 Minimum 11 6 separation 11 7 distance in 11 8 feet for 11 9 operations 11 10 Minimum having an 11 11 separation animal Minimum 11 12 distance in weight separation 11 13 feet for capacity of distance in 11 14 operations 625,000 or feet for 11 15 having an more pounds operations 11 16 animal but less than having an 11 17 weight 1,250,000 animal 11 18 capacity of pounds for weight 11 19 less than animals other capacity of 11 20 625,000 than bovine, 1,250,000 or 11 21 pounds for or 1,600,000 more pounds 11 22 animals other or more for animals 11 23 than bovine, pounds but other than 11 24 or less than less than bovine, or 11 25 1,600,000 4,000,000 4,000,000 or 11 26 pounds for pounds for more pounds 11 27 Type of structure bovine bovine for bovine 11 28 Anaerobic 11 29 lagoon 1,250 1,875 2,500 11 30 Uncovered earthen 11 31 manure storage 11 32 basin 1,250 1,875 2,500 11 33 Uncovered formed 11 34 manure storage 11 35 structure 1,000 1,500 2,000 11 36 Covered earthen 11 37 manure storage 11 38 basin 750 1,000 1,500 11 39 Covered formed 11 40 manure storage 11 41 structure 750 1,000 1,500 11 42 Confinement 11 43 building 750 1,000 1,500 11 44 Egg washwater 11 45 storage structure 750 1,000 1,500 11 46 1A. Except as provided in subsection 2, and 11 47 sections 455B.163 and 455B.165, this subsection 11 48 applies to animal feeding operation structures 11 49 constructed on or after the effective date of this 11 50 section and to the expansion of structures constructed 12 1 on or after the effective date of this section. The 12 2 following table represents the minimum separation 12 3 distance in feet required between an animal feeding 12 4 operation structure and a residence not owned by the 12 5 owner of the animal feeding operation, or a commercial 12 6 enterprise, bona fide religious institution, or an 12 7 educational institution: 12 8 Minimum 12 9 separation 12 10 distance in 12 11 feet for 12 12 operations 12 13 Minimum having an 12 14 separation animal Minimum 12 15 distance in weight separation 12 16 feet for capacity of distance in 12 17 operations 625,000 or feet for 12 18 having an more pounds operations 12 19 animal but less than having an 12 20 weight 1,250,000 animal 12 21 capacity of pounds for weight 12 22 less than animals other capacity of 12 23 625,000 than bovine, 1,250,000 or 12 24 pounds for or 1,600,000 more pounds 12 25 animals other or more for animals 12 26 than bovine, pounds but other than 12 27 or less than less than bovine, or 12 28 1,600,000 4,000,000 4,000,000 or 12 29 pounds for pounds for more pounds 12 30 Type of structure bovine bovine for bovine 12 31 Anaerobic 12 32 lagoon 1,250 1,875 2,500 12 33 Uncovered earthen 12 34 manure storage 12 35 basin 1,250 1,875 2,500 12 36 Uncovered formed 12 37 manure storage 12 38 structure 1,250 1,500 2,000 12 39 Covered earthen 12 40 manure storage 12 41 basin 1,000 1,250 1,875 12 42 Covered formed 12 43 manure storage 12 44 structure 1,000 1,250 1,875 12 45 Confinement 12 46 building 1,000 1,250 1,875 12 47 Egg washwater 12 48 storage 12 49 structure 750 1,000 1,500 12 50b.1B. Except as provided in subsection 2, and 13 1 sections 455B.163 and 455B.165, this subsection 13 2 applies to animal feeding operation structures 13 3 constructed on or after May 31, 1995; to the expansion 13 4 of structures constructed on or after May 31, 1995; 13 5 and to the expansion of structures constructed prior 13 6 to May 31, 1995. The following table represents the 13 7 minimum separation distance in feet required between 13 8 animal feeding operation structures and a public use 13 9 area or a residence not owned by the owner of the 13 10 animal feeding operation, a commercial enterprise, a 13 11 bona fide religious institution, or an educational 13 12 institution located within the corporate limits of a 13 13 city: 13 14 Minimum 13 15 separation 13 16 distance in 13 17 feet for 13 18 operations 13 19 Minimum having an 13 20 separation animal Minimum 13 21 distance in weight separation 13 22 feet for capacity of distance in 13 23 operations 625,000 or feet for 13 24 having an more pounds operations 13 25 animal but less than having an 13 26 weight 1,250,000 animal 13 27 capacity of pounds for weight 13 28 less than animals other capacity of 13 29 625,000 than bovine, 1,250,000 or 13 30 pounds for or 1,600,000 more pounds 13 31 animals other or more for animals 13 32 than bovine, pounds but other than 13 33 or less than less than bovine, or 13 34 1,600,000 4,000,000 4,000,000 or 13 35 pounds for pounds for more pounds 13 36 Type of structure bovine bovine for bovine 13 37 Animal feeding 13 38 operation 13 39 structure 1,250 1,875 2,500 13 40 1C. Except as provided in section 455B.165, on and 13 41 after the effective date of this section an animal 13 42 feeding operation structure shall not be constructed 13 43 or expanded within one hundred feet from a 13 44 thoroughfare, including a road, street, or bridge 13 45 which is constructed or maintained by the state or a 13 46 political subdivision. 13 47 1D. Except as provided in section 455B.165, a 13 48 person shall not apply liquid manure from a 13 49 confinement feeding operation on land located within 13 50 seven hundred fifty feet from a residence not owned by 14 1 the titleholder of the land, a commercial enterprise, 14 2 a bona fide religious institution, an educational 14 3 institution, or a public use area. 14 4 Sec. 16. Section 455B.162, subsection 2, paragraph 14 5 a, Code 1997, is amended to read as follows: 14 6 a. As used in this subsection, a "qualified 14 7 confinement feeding operation" means a confinement 14 8 feeding operation having an animal weight capacity of 14 9 two million or more pounds for animals other than 14 10 animals kept in a swine farrow-to-finish operation or 14 11 bovine kept in a confinement feeding operation; a 14 12 swine farrow-to-finish operation having an animal 14 13 weight capacity of two million five hundred thousand 14 14 or more pounds; or a confinement feeding operation 14 15 having an animal weight capacity ofsixeight million 14 16 or more pounds for bovine. 14 17 Sec. 17. Section 455B.163, Code 1997, is amended 14 18 to read as follows: 14 19 455B.163 SEPARATION DISTANCE REQUIREMENTS FOR 14 20 ANIMAL FEEDING OPERATIONS – EXPANSION OFSTRUCTURES14 21CONSTRUCTED PRIOR TO MAY 31, 1995PRIOR CONSTRUCTED 14 22 OPERATIONS. 14 23 An animal feeding operation constructed or expanded 14 24 prior to the date that a distance requirement became 14 25 effective under section 455B.162 and which does not 14 26 comply with the section's distancerequirements of14 27section 455B.162 on May 31, 1995,requirement may 14 28 continue to operate regardless ofthose separation14 29distancesthe distance requirement. The animal 14 30 feeding operation may be expandedon or after May 31,14 311995, regardless of those separation distances,if 14 32eitherany of the following applies: 14 33 1. a.TheAn animal feeding operation structure 14 34 as constructed or expanded prior to the effective date 14 35 of this section, complies with the distance 14 36 requirementsofapplying to that structure as provided 14 37 in section 455B.162. 14 38 b. An animal feeding operation structure as 14 39 constructed or expanded on or after the effective date 14 40 of this section complies with the distance 14 41 requirements applying to that structure as provided in 14 42 section 455B.162. 14 43 2. All of the following apply to the expansion of 14 44 the animal feeding operation: 14 45 a. No portion of the animal feeding operation 14 46 after expansion is closer than before expansion to a 14 47 location or object for which separation is required 14 48 under section 455B.162. 14 49 b. The animal weight capacity of the animal 14 50 feeding operation as expanded is not more than the 15 1 lesser of the following: 15 2 (1) Double its capacity on May 31, 1995, for an 15 3 animal feeding operation structure constructed prior 15 4 to the effective date of this section, or on the 15 5 effective date of this section, for an animal feeding 15 6 operation structure constructed on or after the 15 7 effective date of this section. 15 8 (2) Either of the following: 15 9 (a) Six hundred twenty-five thousand pounds animal 15 10 weight capacity for animals other than bovine. 15 11 (b) One million six hundred thousand pounds animal 15 12 weight capacity for bovine. 15 13 3. The animal feeding operation was constructed 15 14 prior to the effective date of this section and is 15 15 expanded by replacing one or more unformed manure 15 16 storage structures with one or more formed manure 15 17 storage structures, if all of the following apply: 15 18 a. The animal weight capacity is not increased for 15 19 that portion of the animal feeding operation that 15 20 utilizes all replacement formed manure storage 15 21 structures. 15 22 b. Use of each replaced unformed manure storage 15 23 structure is discontinued within one year after the 15 24 construction of the replacement formed manure storage 15 25 structure. 15 26 c. The capacity of all replacement formed manure 15 27 storage structures does not exceed the amount required 15 28 to store manure produced by that portion of the animal 15 29 feeding operation utilizing the formed manure storage 15 30 structures during any fourteen-month period. 15 31 d. No portion of the replacement formed manure 15 32 storage structure is closer to an object or location 15 33 for which separation is required under section 15 34 455B.162 than any other animal feeding operation 15 35 structure which is part of the operation. 15 36 Sec. 18. Section 455B.164, Code 1997, is amended 15 37 to read as follows: 15 38 455B.164 DISTANCE MEASUREMENTS. 15 39 All distances between locations or objects provided 15 40 in this part shall be measured from their closest 15 41 points, as provided by rules adopted by the 15 42 department. However, a distance between a 15 43 thoroughfare and an animal feeding operation structure 15 44 shall be measured from the portion of the right-of-way 15 45 which is closest to the animal feeding operation 15 46 structure. 15 47 Sec. 19. Section 455B.165, subsections 2, 3, and 15 48 5, Code 1997, are amended to read as follows: 15 49 2. A confinement feeding operation structure, 15 50other than an earthen manure storage basin,if the 16 1 structure is part of a confinement feeding operation 16 2 which qualifies as a small animal feeding operation. 16 3 However, this subsection shall not apply if the 16 4 confinement feeding operation structure is an unformed 16 5 manure storage structure. 16 6 3. a. An animal feeding operation structure which 16 7 is constructed or expanded, if the titleholder of the 16 8 land benefiting from the distance separation 16 9 requirement executes a written waiver with the 16 10 titleholder of the land where the structure is 16 11 located,. If an animal feeding operation structure is 16 12 constructed or expanded within the separation distance 16 13 required between an animal feeding operation structure 16 14 and a thoroughfare as required pursuant to section 16 15 455B.162, the state or a political subdivision 16 16 constructing or maintaining the thoroughfare 16 17 benefiting from the distance separation requirement 16 18 may execute a written waiver with the titleholder of 16 19 the land where the structure is located. The animal 16 20 feeding operation structure shall be constructed or 16 21 expanded under such terms and conditions that the 16 22 parties negotiate. 16 23 b.TheA written waiver under this subsection 16 24 becomes effective only upon the recording of the 16 25 waiver in the office of the recorder of deeds of the 16 26 county in which the benefited land is located. The 16 27 filed waiver shall preclude enforcement by the state 16 28 ofthis partsection 455B.162 as it relates to a 16 29 distance requirement between the animal feeding 16 30 operation structure and the location or object 16 31 benefiting from the separation distance requirement. 16 32 5. An animal feeding operation structure which is 16 33locatedconstructed or expanded within any distance 16 34 from a residence, educational institution, commercial 16 35 enterprise, bona fide religious institution, city, or 16 36 public use area, if the residence, educational 16 37 institution, commercial enterprise, or bona fide 16 38 religious institution was constructed or expanded, or 16 39 the boundaries of the city or public use area were 16 40 expanded, after the date that the animal feeding 16 41 operation was established. The date the animal 16 42 feeding operation was established is the date on which 16 43 the animal feeding operation commenced operating. A 16 44 change in ownership or expansion of the animal feeding 16 45 operation shall not change the established date of 16 46 operation. 16 47 Sec. 20. Section 455B.165, Code 1997, is amended 16 48 by adding the following new subsections: 16 49 NEW SUBSECTION. 3A. An animal feeding operation 16 50 structure which is constructed or expanded within a 17 1 separation distance required between an animal feeding 17 2 operation structure and a thoroughfare as required 17 3 pursuant to section 455B.162, if permanent vegetation 17 4 stands between the animal feeding operation structure 17 5 and that part of the right-of-way from which the 17 6 separation distance is measured as provided in section 17 7 455B.164. The permanent vegetation must stand along 17 8 the full length of the animal feeding operation 17 9 structure. The permanent vegetation must be at least 17 10 seedlings and have a mature predicted height of at 17 11 least twenty feet. The department shall adopt rules 17 12 to carry out this subsection. 17 13 NEW SUBSECTION. 6. The application of liquid 17 14 manure on land within a separation distance required 17 15 between the applied manure and an object or location 17 16 for which separation is required under section 17 17 455B.162, if any of the following apply: 17 18 a. The liquid manure is injected into the soil or 17 19 incorporated within the soil not later than twenty- 17 20 four hours from the original application, as provided 17 21 by rules adopted by the commission. 17 22 b. The titleholder of the land benefiting from the 17 23 separation distance requirement executes a written 17 24 waiver with the titleholder of the land where the 17 25 manure is applied. 17 26 Sec. 21. Section 455B.171, Code Supplement 1997, 17 27 is amended by adding the following new subsections: 17 28 NEW SUBSECTION. 0A. "Aerobic structure" means the 17 29 same as defined in section 455B.161. 17 30 NEW SUBSECTION. 1A. "Anaerobic lagoon" means the 17 31 same as defined in section 455B.161. 17 32 NEW SUBSECTION. 2A. "Animal feeding operation 17 33 structure" means the same as defined in section 17 34 455B.161. 17 35 NEW SUBSECTION. 3A. "Commercial manure 17 36 applicator" means a person who engages in the business 17 37 of and charges a fee for applying manure on the land 17 38 of another person. 17 39 NEW SUBSECTION. 7A. "Earthen manure storage 17 40 basin" means the same as defined in section 455B.161. 17 41 NEW SUBSECTION. 12A. "Manure storage structure" 17 42 means an animal feeding operation structure used to 17 43 store manure as part of a confinement feeding 17 44 operation, including but not limited to a formed or 17 45 unformed manure storage structure. 17 46 NEW SUBSECTION. 23A. "Restricted spray irrigation 17 47 equipment" means spray irrigation equipment which 17 48 disperses manure through an orifice at a rate of 17 49 eighty pounds per square inch or more. 17 50 NEW SUBSECTION. 31A. "Spray irrigation equipment" 18 1 means mechanical equipment used for the aerial 18 2 application of manure, if the equipment receives 18 3 manure from a manure storage structure during 18 4 application via a pipe or hose connected to the 18 5 structure, and includes a type of equipment 18 6 customarily used for the aerial application of water 18 7 to aid the growing of general farm crops. 18 8 NEW SUBSECTION. 32A. "Unformed manure storage 18 9 structure" means the same as defined in section 18 10 455B.161. 18 11 Sec. 22. Section 455B.173, subsection 13, Code 18 12 1997, is amended by striking the subsection and 18 13 inserting in lieu thereof the following: 18 14 13. Adopt, modify, or repeal rules relating to the 18 15 construction or operation of animal feeding 18 16 operations, as provided in sections relating to animal 18 17 feeding operations provided in this part. 18 18 Sec. 23. Section 455B.191, subsection 7, 18 19 unnumbered paragraph 2, Code 1997, is amended to read 18 20 as follows: 18 21 This subsection shall not apply unless the 18 22 department of natural resources has previously 18 23 notified the person of the person's classification as 18 24 a habitual violatoras provided in section 455B.173. 18 25 The department shall notify persons classified as 18 26 habitual violators of their classification, additional 18 27 restrictions imposed upon the persons pursuant to 18 28 their classification, and special civil penalties that 18 29 may be imposed upon the persons. The notice shall be 18 30 sent to the persons by certified mail. 18 31 Sec. 24. NEW SECTION. 455B.200 GENERAL. 18 32 The commission shall establish by rule adopted 18 33 pursuant to chapter 17A, requirements relating to the 18 34 construction, including expansion, or operation of 18 35 animal feeding operations, including related animal 18 36 feeding operation structures. The requirements shall 18 37 include but are not limited to minimum manure control, 18 38 the issuance of permits, and departmental 18 39 investigations, inspections, and testing. 18 40 Sec. 25. NEW SECTION. 455B.200A PERMIT 18 41 REQUIREMENTS. 18 42 1. The department shall issue permits for the 18 43 construction, including the expansion, of animal 18 44 feeding operation structures, including structures 18 45 which are part of confinement feeding operations, as 18 46 provided by rules adopted pursuant to section 18 47 455B.200. The department shall issue a permit to an 18 48 animal feeding operation if an application is 18 49 submitted according to procedures required by the 18 50 department and the application meets standards 19 1 established by the department, regardless of whether 19 2 the animal feeding operation is required to obtain 19 3 such a permit. The department shall not require that 19 4 a person obtain a permit for the construction of an 19 5 animal feeding operation structure if the structure is 19 6 part of a small animal feeding operation. For 19 7 purposes of this section, an animal feeding operation 19 8 structure includes a manure storage structure. 19 9 2. The department shall not issue a permit for the 19 10 construction of an animal feeding operation structure 19 11 which is part of a confinement feeding operation 19 12 unless the person submits all of the following: 19 13 a. An indemnity fee as provided in section 204.3 19 14 which the department shall deposit into the manure 19 15 storage indemnity fund created in section 204.2. 19 16 b. A manure management plan as provided in section 19 17 455B.203. 19 18 3. The department shall not issue a permit for the 19 19 construction of three or more animal feeding operation 19 20 structures unless the applicant files a statement 19 21 approved by a professional engineer registered 19 22 pursuant to chapter 542B certifying that the 19 23 construction of the animal feeding operation 19 24 structures will not impede the drainage through 19 25 established drainage tile lines which cross property 19 26 boundary lines unless measures are taken to 19 27 reestablish the drainage prior to completion of 19 28 construction. 19 29 4. Prior to issuing a permit to a person for the 19 30 construction of an animal feeding operation, the 19 31 department may require the installation and operation 19 32 of a hydrological monitoring system for an exclusively 19 33 earthen manure storage structure according to rules 19 34 which shall be adopted by the department. 19 35 5. An applicant for a construction permit shall 19 36 not begin construction at the location of a site 19 37 planned for the construction of an animal feeding 19 38 operation structure until the person has been granted 19 39 a permit for the construction of the animal feeding 19 40 operation structure by the department. 19 41 6. The department shall make a determination 19 42 regarding the approval or denial of a permit within 19 43 sixty days from the date that the department receives 19 44 a completed application for a permit. 19 45 7. The department shall deliver a copy or require 19 46 the applicant to deliver a copy of the application for 19 47 a construction permit for the construction of a 19 48 confinement feeding operation or related animal 19 49 feeding operation structure, including supporting 19 50 documents, to the county board of supervisors in the 20 1 county where the confinement feeding operation or 20 2 related animal feeding operation structure subject to 20 3 the permit is proposed to be constructed. 20 4 The county auditor may accept the application on 20 5 behalf of the board. If the department requires the 20 6 applicant to deliver a copy of the application to the 20 7 county board of supervisors, the county shall notify 20 8 the department that it has received the application 20 9 according to procedures required by the department. 20 10 a. The county board of supervisors shall provide 20 11 for comment as follows: 20 12 (1) The board shall publish a notice that it has 20 13 received the application in a newspaper having a 20 14 general circulation in the county. The notice shall 20 15 include all of the following: 20 16 (a) The name of the person applying to receive the 20 17 construction permit. 20 18 (b) The name of the township where the confinement 20 19 feeding operation or animal feeding operation is to be 20 20 constructed or expanded. 20 21 (c) Each type of animal feeding operation proposed 20 22 to be constructed or expanded. 20 23 (d) The animal weight capacity of the confinement 20 24 feeding operation if the construction permit is 20 25 approved. 20 26 (e) The time when and the place where the 20 27 application may be examined as provided in section 20 28 22.2. 20 29 (f) Procedures for providing public comments to 20 30 the board of supervisors, as provided by the board. 20 31 (2) The board may hold a public hearing to receive 20 32 public comments regarding the application for the 20 33 construction permit. The county board of supervisors 20 34 may submit comments by the board and the public to the 20 35 department as provided in this section, including but 20 36 not limited to all of the following: 20 37 (a) The existence of an object or location not 20 38 included in the construction permit application which 20 39 benefits from a separation distance requirement as 20 40 provided in section 455B.162 or 455B.204. 20 41 (b) The suitability of soils and the hydrology of 20 42 the site where construction or expansion of a 20 43 confinement feeding operation or related animal 20 44 feeding operation structure is proposed. 20 45 (c) The availability of land for the application 20 46 of manure originating from the confinement feeding 20 47 operation. 20 48 (d) Whether the construction or expansion of a 20 49 proposed animal feeding operation structure will 20 50 impede drainage through established tile lines, 21 1 laterals, or other improvements which are constructed 21 2 to facilitate the drainage of land not owned by the 21 3 person applying for the construction permit. 21 4 b. The department shall notify the county board of 21 5 supervisors at least three days prior to conducting an 21 6 inspection of the site that the construction is 21 7 proposed in the permit application. The county board 21 8 of supervisors may designate a county employee to 21 9 accompany a departmental official during the site 21 10 inspection. The county designee shall have the same 21 11 right to access to the site as the departmental 21 12 official conducting the inspection during the period 21 13 that the county designee accompanies the departmental 21 14 official. 21 15 c. The department shall not approve the 21 16 application until thirty days following delivery of 21 17 the application to the county board of supervisors. 21 18 d. The department shall consider and respond to 21 19 comments submitted by the county board of supervisors 21 20 regarding compliance by the applicant with the legal 21 21 requirements for approving the construction permit as 21 22 provided in this chapter, including rules adopted by 21 23 the department pursuant to section 455B.200, if the 21 24 comments are delivered to the department within thirty 21 25 days after receipt of the application by the county 21 26 board of supervisors. Upon written request by a 21 27 county resident, the county board of supervisors shall 21 28 forward a copy of the board's comments and the 21 29 department's responses to the county resident as 21 30 provided in chapter 22. 21 31 8. The department shall notify the county board of 21 32 supervisors of the county where a confinement feeding 21 33 operation or related animal feeding operation 21 34 structure subject to a construction permit is proposed 21 35 to be constructed. The notice shall state the 21 36 department's decision to approve or disapprove an 21 37 application for the construction permit. The notice 21 38 shall be delivered to the county within three days 21 39 following the department's decision. The county board 21 40 of supervisors may contest the decision by filing a 21 41 demand for a hearing before the commission as provided 21 42 by rules adopted by the department in conformance with 21 43 chapter 17A. In contesting the decision, the county 21 44 shall submit a statement to the department, providing 21 45 all reasons why the application should be approved or 21 46 disapproved according to legal requirements provided 21 47 in this chapter. 21 48 a. The county board of supervisors must contest 21 49 the decision within fourteen days following receipt of 21 50 the department's notice to approve or disapprove the 22 1 application. 22 2 b. The contested decision shall be heard by the 22 3 commission according to procedures adopted by the 22 4 commission. The commission may hear the case as a 22 5 contested case proceeding under chapter 17A. The 22 6 commission shall render a decision within thirty days 22 7 from the date that the county board of supervisors 22 8 files a demand for a hearing. The decision of the 22 9 commission shall be final agency action under chapter 22 10 17A. 22 11 9. a. The department shall not issue a permit to 22 12 a person under this section if an enforcement action 22 13 by the department, relating to a violation of this 22 14 chapter concerning a confinement feeding operation in 22 15 which the person has an interest, is pending, as 22 16 provided in section 455B.202. 22 17 b. The department shall not issue a permit to a 22 18 person under this section for five years after the 22 19 date of the last violation committed by a person or 22 20 confinement feeding operation in which the person 22 21 holds a controlling interest during which the person 22 22 or operation was classified as a habitual violator 22 23 under section 455B.191. 22 24 Sec. 26. NEW SECTION. 455B.200B CONFINEMENT 22 25 FEEDING OPERATIONS – SPECIAL TERMS. 22 26 For purposes of this part, all of the following 22 27 shall apply: 22 28 1. Two or more confinement feeding operations are 22 29 adjacent if any of the following apply: 22 30 a. All of the following apply: 22 31 (1) An animal feeding operation structure which is 22 32 part of one confinement feeding operation is located 22 33 within one thousand two hundred fifty feet from an 22 34 animal feeding operation structure which is part of 22 35 the other confinement feeding operation. 22 36 (2) The confinement feeding operations have a 22 37 combined animal weight capacity of the following: 22 38 (a) For animals other than bovine, less than six 22 39 hundred twenty-five thousand pounds. 22 40 (b) For bovine, less than one million six hundred 22 41 thousand pounds. 22 42 (3) An animal feeding operation structure subject 22 43 to the distance requirements of this paragraph must be 22 44 constructed or expanded on or after the effective date 22 45 of this section. 22 46 b. All of the following apply: 22 47 (1) An animal feeding operation structure which is 22 48 part of one confinement feeding operation is located 22 49 within two thousand five hundred feet from an animal 22 50 feeding operation structure which is part of the other 23 1 confinement feeding operation. 23 2 (2) The confinement feeding operations have a 23 3 combined animal weight capacity of the following: 23 4 (a) For animals other than bovine, six hundred 23 5 twenty-five thousand pounds or more. 23 6 (b) For bovine, one million six hundred thousand 23 7 pounds or more. 23 8 (3) An animal feeding operation structure subject 23 9 to the distance requirements of this paragraph must be 23 10 constructed on or after the effective date of this 23 11 section. 23 12 2. An animal feeding operation structure is 23 13 "constructed" in the same manner as provided in 23 14 section 455B.161A. 23 15 Sec. 27. Section 445B.201, subsection 4, Code 23 16 1997, is amended by striking the subsection. 23 17 Sec. 28. Section 455B.202, Code Supplement 1997, 23 18 is amended to read as follows: 23 19 455B.202 CONFINEMENT FEEDING OPERATIONS – PENDING 23 20 ACTIONS AND HABITUAL VIOLATORS. 23 21 1. As used in this section,"construction" means23 22the same as defined by rules adopted by the department23 23applicable to the construction of animal feeding23 24operation structures as provided in this partunless 23 25 the context otherwise requires:.23 26 a. "Habitual violator" means a person classified 23 27 as a habitual violator pursuant to section 455B.191. 23 28 b. "Operation of law" means a transfer by 23 29 inheritance, devise or bequest, court order, 23 30 dissolution decree, order in bankruptcy, insolvency, 23 31 replevin, foreclosure, execution sale, the execution 23 32 of a judgment, the foreclosure of a real estate 23 33 mortgage, the forfeiture of a real estate contract, or 23 34 a transfer resulting from a decree for specific 23 35 performance. 23 36 c. "Suspect site" means a confinement feeding 23 37 operation or land where a confinement feeding 23 38 operation could be constructed, if the site is subject 23 39 to a suspect transaction. 23 40 d. "Suspect transaction" means a transaction in 23 41 which a habitual violator does any of the following: 23 42 (1) Transfers a controlling interest in a suspect 23 43 site to any of the following: 23 44 (a) An employee of the habitual violator or 23 45 business in which the person holds a controlling 23 46 interest. 23 47 (b) A person who holds an interest in a business, 23 48 including a confinement feeding operation, in which 23 49 the habitual violator holds a controlling interest. 23 50 (c) A person related to the habitual violator as 24 1 spouse, parent, grandparent, lineal ascendant of a 24 2 grandparent or spouse and any other lineal descendant 24 3 of the grandparent or spouse, or a person acting in a 24 4 fiduciary capacity for a related person. This 24 5 paragraph does not apply to a transaction completed by 24 6 an operation of law. 24 7 (2) Provides financing for the construction or 24 8 operation of a confinement feeding operation to any 24 9 person, by providing a contribution or loan to the 24 10 person, or providing cash or other tangible collateral 24 11 for a contribution or loan made by a third person. 24 12 e. "Transaction" includes a transfer in any manner 24 13 or by any means, including any of the following: 24 14 (1) Delivery and acceptance between two parties, 24 15 including by contract or agreement with or without 24 16 consideration, including by sale, exchange, barter, or 24 17 gift. 24 18 (2) An operation of law. 24 19 2. a. A person shall not construct or expand an 24 20 animal feeding operation structure which is part of a 24 21 confinement feeding operation, if the person isaany 24 22 of the following: 24 23 (1) A party to a pending action for a violation of 24 24 this chapter concerning a confinement feeding 24 25 operation in which the person has a controlling 24 26 interest and the action is commenced in district court 24 27 by the attorney general. 24 28 (2) A habitual violator. 24 29 b. A person shall not construct or expand an 24 30 animal feeding operation structure which is part of a 24 31 confinement feeding operation for five years after the 24 32 date of the last violation committed by a person or 24 33 confinement feeding operation in which the person 24 34 holds a controlling interest during which the person 24 35 or operation was classified as a habitual violator 24 36under section 455B.191. 24 373.c. Thissectionsubsection shall not prohibit a 24 38 person from completing the construction or expansion 24 39 of an animal feeding operation structure, if any of 24 40 the following apply: 24 41a.(1) The person has an unexpired permit for the 24 42 construction or expansion of the animal feeding 24 43 operation structure. 24 44b.(2) The person is not required to obtain a 24 45 permit for the construction or expansion of the animal 24 46 feeding operation structure. 24 47 d. For purposes of this subsection, "construct" or 24 48 "expand" includes financing and contracting to build 24 49 an animal feeding operation structure regardless of 24 50 whether the person subsequently leases, owns, or 25 1 operates the animal feeding operation structure. 25 2 3. A person who receives a controlling interest in 25 3 a suspect site pursuant to a suspect transaction must 25 4 submit a notice of the transaction to the department 25 5 within thirty days. If, after notice and opportunity 25 6 to be heard, pursuant to the contested case provisions 25 7 of chapter 17A, the department finds that one purpose 25 8 of the transaction was to avoid the conditions and 25 9 enhanced penalties imposed upon a habitual violator, 25 10 the person shall be subject to the same conditions and 25 11 enhanced penalties as applied to the habitual violator 25 12 at the time of the transaction. 25 13 4. The department shall conduct an annual review 25 14 of each confinement feeding operation which is a 25 15 habitual violator and each confinement feeding 25 16 operation in which a habitual violator holds a 25 17 controlling interest. 25 18 Sec. 29. Section 455B.203, subsection 1, Code 25 19 1997, is amended to read as follows: 25 20 1.In order to receiveThe following persons shall 25 21 submit a manure management plan to the department: 25 22 a. The owner of a confinement feeding operation, 25 23 other than a small animal feeding operation, if the 25 24 animal feeding operation was constructed after May 31, 25 25 1985, regardless of whether the confinement feeding 25 26 operation was required to be constructed pursuant to a 25 27 construction permit approved by rules adopted by the 25 28 department. 25 29 b. The owner of a confinement feeding operation, 25 30 if the confinement feeding operation is required to be 25 31 constructed pursuant to a permit issued by the 25 32 department pursuant to section 455B.200A. 25 33 c. A person who applies manure from a confinement 25 34 feeding operation, other than a small animal feeding 25 35 operation, which is located in another state, if the 25 36 manure is applied on land located in this state. 25 37 1A. A person shall not remove manure from a manure 25 38 storage structure which is part of a confinement 25 39 feeding operation for which a manure management plan 25 40 is required under this section, unless the department 25 41 approves a manure management plan submitted by the 25 42 owner of the confinement feeding operation as provided 25 43 by the department on forms prescribed by the 25 44 department. The department may adopt rules allowing a 25 45 person to remove manure from a manure storage 25 46 structure until the manure management plan is approved 25 47 or disapproved by the department according to terms 25 48 and conditions required by rules adopted by the 25 49 department. The department shall approve or 25 50 disapprove a manure management plan within sixty days 26 1 of the date that the department receives a completed 26 2 plan. The department shall not issue a permit for the 26 3 construction of a confinement feeding operation or a 26 4 related animal feeding operation structure unless the 26 5 applicant submits a manure management plan together 26 6 with an application as provided in section455B.173, a26 7person shall submit a manure management plan to the26 8department together with the application for a26 9construction permit455B.200A. 26 10 Sec. 30. Section 455B.203, subsection 4, 26 11 unnumbered paragraph 1, Code 1997, is amended to read 26 12 as follows: 26 13 A personreceiving a permit for the construction of26 14a confinement feeding operationrequired to submit a 26 15 manure management plan to the department shall 26 16 maintain a current manure management plan and maintain 26 17 records sufficient to demonstrate compliance with the 26 18 manure management plan. Chapter 22 shall not apply to 26 19 the records which shall be kept confidential by the 26 20 department and its agents and employees. The contents 26 21 of the records are not subject to disclosure except as 26 22 follows: 26 23 Sec. 31. Section 455B.203, subsection 5, Code 26 24 1997, is amended to read as follows: 26 25 5. The department may inspect the confinement 26 26 feeding operation at any time during normal working 26 27 hours, and may inspect records required to be 26 28 maintained as part of the manure management plan. The 26 29 department shall regularly inspect a confinement 26 30 feeding operation if the operation or a person holding 26 31 a controlling interest in the operation is classified 26 32 as a habitual violator pursuant to section 455B.191. 26 33 The department shall assess and the confinement 26 34 feeding operation shall pay the actual costs of the 26 35 inspection.However, in order to access the26 36operation, the departmental inspector must comply with26 37standard disease control restrictions customarily26 38required by the operation. The department shall26 39comply with section 455B.103 in conducting an26 40investigation of the premises where the animals are26 41kept.26 42 Sec. 32. NEW SECTION. 455B.203A MANURE 26 43 APPLICATORS CERTIFICATION. 26 44 1. As used in this section, unless the context 26 45 otherwise requires: 26 46 a. "Commercial manure applicator" means the same 26 47 as defined in section 455B.171. 26 48 b. "Confinement site" means a site where there is 26 49 located a manure storage structure which is part of a 26 50 confinement feeding operation, other than a small 27 1 animal feeding operation. 27 2 c. "Confinement site manure applicator" means a 27 3 person who applies manure stored at a confinement site 27 4 other than a commercial manure applicator. 27 5 2. a. A commercial manure applicator shall not 27 6 apply manure to land, unless the person is certified 27 7 pursuant this section. 27 8 b. A confinement site manure applicator shall not 27 9 apply manure to land, unless the person is certified 27 10 pursuant to this section. 27 11 3. a. A person required to be certified as a 27 12 commercial manure applicator must be certified by the 27 13 department each year. The person shall be certified 27 14 after completing an educational program which shall 27 15 consist of an examination required to be passed by the 27 16 person or three hours of continuing instructional 27 17 courses which the person must attend each year in lieu 27 18 of passing the examination. 27 19 b. A person required to be certified as a 27 20 confinement site manure applicator must be certified 27 21 by the department each three years. The person shall 27 22 be certified after completing an educational program 27 23 which shall consist of an examination required to be 27 24 passed by the person or two hours of continuing 27 25 instructional courses which the person must attend 27 26 each year in lieu of passing the examination. 27 27 4. The department shall adopt, by rule, 27 28 requirements for the certification, including 27 29 educational program requirements. The department may 27 30 establish different educational programs designed for 27 31 commercial manure applicators and confinement site 27 32 manure applicators. The department shall adopt rules 27 33 necessary to administer this section, including 27 34 establishing certification standards, which shall at 27 35 least include standards for the handling, application, 27 36 and storage of manure, the potential effects of manure 27 37 upon surface water and groundwater, and procedures to 27 38 remediate the potential effects on surface water or 27 39 groundwater. 27 40 a. The department shall adopt by rule criteria for 27 41 allowing a person required to be certified to complete 27 42 either a written or oral examination. 27 43 b. The department shall administer the continuing 27 44 instructional courses, by either teaching the courses 27 45 or selecting persons to teach the courses, according 27 46 to criteria as provided by rules adopted by the 27 47 department. The department shall, to the extent 27 48 possible, select persons to teach the continuing 27 49 instructional courses. The department is not required 27 50 to compensate persons to teach the continuing 28 1 instructional courses. In selecting persons, the 28 2 department shall consult with organizations interested 28 3 in the application of manure, including associations 28 4 representing manure applicators and associations 28 5 representing agricultural producers. The Iowa 28 6 cooperative extension service in agriculture and home 28 7 economics of Iowa state university of science and 28 8 technology shall cooperate with the department in 28 9 administering the continuing instructional courses. 28 10 The Iowa cooperative extension service may teach 28 11 continuing instructional courses, train persons 28 12 selected to teach courses, or distribute informational 28 13 materials to persons teaching the courses. 28 14 c. The department, in administering the 28 15 certification program under this section, and the 28 16 department of agriculture and land stewardship in 28 17 administering the certification program for pesticide 28 18 applicators may cooperate together. 28 19 5. a. This section shall not require a person to 28 20 be certified as a commercial manure applicator if any 28 21 of the following applies: 28 22 (1) The person is any of the following: 28 23 (a) Actively engaged in farming who trades work 28 24 with another such person. 28 25 (b) Employed by a person actively engaged in 28 26 farming not solely as a manure applicator who applies 28 27 manure as an incidental part of the person's general 28 28 duties. 28 29 (c) Engaged in applying manure as an incidental 28 30 part of a custom farming operation. 28 31 (d) Engaged in applying manure as an incidental 28 32 part of a person's duties as provided by rules adopted 28 33 by the department providing for an exemption. 28 34 (2) The person applies manure for a period of 28 35 thirty days from the date of initial employment as a 28 36 commercial manure applicator if the person applying 28 37 the manure is acting under the instructions and 28 38 control of a certified commercial manure applicator 28 39 who is both of the following: 28 40 (a) Physically present at the site where the 28 41 manure is located. 28 42 (b) In sight or hearing distance of the supervised 28 43 person. 28 44 b. This section shall not require a person to be 28 45 certified as a confinement site manure applicator if 28 46 all of the following apply: 28 47 (1) The person is a part-time employee of a 28 48 confinement site manure applicator. 28 49 (2) The person is acting under the instructions 28 50 and control of a certified commercial manure 29 1 applicator who is both of the following: 29 2 (a) Physically present at the site where the 29 3 manure is located. 29 4 (b) In sight or hearing distance of the supervised 29 5 person. 29 6 6. a. The department may charge a fee for 29 7 certifying persons under this section. The fee for 29 8 certification shall be based on the costs of 29 9 administering and enforcing this section and paying 29 10 the expenses of the department relating to 29 11 certification. 29 12 b. All moneys received by the department under the 29 13 provisions of this chapter shall be handled in the 29 14 same manner as repayment receipts, as defined in 29 15 section 8.2, and shall be used solely for the 29 16 administration and enforcement of this chapter. 29 17 Sec. 33. NEW SECTION. 455B.203B APPLICATION 29 18 REQUIREMENTS. 29 19 1. The department shall adopt rules governing the 29 20 application of manure originating from an anaerobic 29 21 lagoon or aerobic structure which is part of a 29 22 confinement feeding operation. The rules shall 29 23 establish application rates and practices to minimize 29 24 groundwater or surface water pollution resulting from 29 25 application, including pollution caused by runoff or 29 26 other manure flow resulting from precipitation events. 29 27 The rules shall establish different application rates 29 28 and practices based on the water holding capacity of 29 29 the soil at the time of application. 29 30 2. A person shall not apply manure by spray 29 31 irrigation equipment, except as provided by rules 29 32 adopted by the department pursuant to chapter 17A. 29 33 However, a person shall not use restricted spray 29 34 irrigation equipment to apply manure originating from 29 35 a confinement feeding operation, unless the manure has 29 36 been diluted as provided by rules adopted by the 29 37 department, including diluted by use of an anaerobic 29 38 lagoon. 29 39 Sec. 34. Section 455B.204, Code 1997, is amended 29 40 to read as follows: 29 41 455B.204 DISTANCE REQUIREMENTS. 29 42 1.An animal feeding operation structure shall be29 43located at least five hundred feet away from the29 44surface intake of an agricultural drainage well or29 45known sinkhole, and at least two hundred feet away29 46fromAs used in this section, unless the context 29 47 otherwise requires: 29 48 a. "Major water source" means a lake, reservoir, 29 49 river, or stream located within the territorial limits 29 50 of the state, any marginal river area adjacent to the 30 1 state, which can support a floating vessel capable of 30 2 carrying one or more persons during a total of a six- 30 3 month period in one out of ten years, excluding 30 4 periods of flooding which has been identified by rules 30 5 adopted by the commission. 30 6 b. "Watercourse" means any lake, river, creek, 30 7 ditch, or other body of water or channel having 30 8 definite banks and bed with water flow or the 30 9 occurrence of water, except lakes or ponds without 30 10 outlet to which only one landowner is riparian. 30 11 2. Except as provided in subsection 3, the 30 12 following shall apply: 30 13 a. An animal feeding operation structure shall not 30 14 be constructed closer than five hundred feet away from 30 15 a surface intake, wellhead, or cistern of an 30 16 agricultural drainage well or known sinkhole. 30 17 b. An animal feeding operation structure shall not 30 18 be constructed if the animal feeding operation 30 19 structure as constructed is closer than any of the 30 20 following: 30 21 (1) Two hundred feet away from a watercourse other 30 22 than a major water source. 30 23 (2) Five hundred feet away from a major water 30 24 source. 30 25 c. A watercourse, other than a major water source, 30 26 shall not be constructed, expanded, or diverted, if 30 27 the watercourse as constructed, expanded, or diverted 30 28 is closer than two hundred feet away from an animal 30 29 feeding operation structure. 30 30 d. A major water source shall not be constructed, 30 31 expanded, or diverted, if the water source as 30 32 constructed, expanded, or diverted is closer than five 30 33 hundred feet from an animal feeding operation 30 34 structure. 30 35 3.However, no distanceA separationisdistance 30 36 requiredbetween ain this section shall not apply to 30 37 any of the following: 30 38 a. A location or object and a farm pond or 30 39 privately owned lake, as defined in section 462A.2. 30 40 b. A manure storage structure constructed with a 30 41 secondary containment barrier. The department shall 30 42 adopt rules providing for the construction and use of 30 43 a secondary containment barrier, including design 30 44 standards. 30 45 4. All distances between locations or objects 30 46 shall be measured from their closest points, as 30 47 provided by rules adopted by the department. 30 482. A person shall not dispose of manure closer to30 49a designated area than provided in section 159.27.30 50 5. A person shall not construct or expand an 31 1 unformed manure storage structure within an 31 2 agricultural drainage well area as provided in section 31 3 455I.5. 31 4 Sec. 35. NEW SECTION. 455B.205 MANURE STORAGE 31 5 STRUCTURES – CONSTRUCTION STANDARDS – INSPECTIONS. 31 6 1. The department shall establish by rule 31 7 engineering standards for the construction of manure 31 8 storage structures required to be constructed pursuant 31 9 to a permit issued under section 455B.200A. 31 10 2. The design standards for unformed manure 31 11 storage structures established by the department shall 31 12 account for special design characteristics of animal 31 13 feeding operations, including all of the following: 31 14 a. The lining of the structure shall be 31 15 constructed with materials deemed suitable by the 31 16 department in order to minimize seepage loss through 31 17 the lining's seal. 31 18 b. The structure shall be constructed with 31 19 materials deemed suitable by the department in order 31 20 to control erosion on the structure's berm, side 31 21 slopes, and base. 31 22 c. The structure shall be constructed to minimize 31 23 seepage into near-surface water sources. 31 24 d. The top of the floor of the structure's liner 31 25 must be above the groundwater table as determined by 31 26 the department. If the groundwater table is less than 31 27 two feet below the top of the liner's floor, the 31 28 structure shall be installed with a synthetic liner. 31 29 If the department allows an unformed manure storage 31 30 structure to be located at a site by permanently 31 31 lowering the groundwater table, the department shall 31 32 confirm that the proposed system meets standards 31 33 necessary to ensure that the structure does not 31 34 pollute groundwater sources. If the department allows 31 35 drain tile installed to lower a groundwater table to 31 36 remain where located, the department shall require 31 37 that a device be installed to allow monitoring of the 31 38 water in the drain tile line. The department shall 31 39 also require the installation of a device to allow 31 40 shutoff of the drain tile lines, if the drain tile 31 41 lines do not have a surface outlet accessible on the 31 42 property where the structure is located. 31 43 3. The department shall inspect each unformed 31 44 manure storage structure at least once each year. An 31 45 inspection conducted pursuant to this subsection shall 31 46 be limited to a visual inspection of the site where 31 47 the unformed manure storage structure is located. The 31 48 department shall inspect the site at a reasonable time 31 49 after providing at least twenty-four hours' notice to 31 50 the person owning or managing the confinement feeding 32 1 operation. The visual inspection shall include, but 32 2 not be limited to, determining whether any of the 32 3 following exists: 32 4 a. An adequate freeboard level. 32 5 b. The seepage of manure from the unformed manure 32 6 storage structure. 32 7 c. Erosion. 32 8 d. Inadequate vegetation cover. 32 9 e. The presence of an opening allowing manure to 32 10 drain from the unformed manure storage structure. 32 11 Sec. 36. NEW SECTION. 455B.206 EXCEPTION TO 32 12 REGULATION. 32 13 1. As used in this section, "research college" 32 14 means an accredited public or private college or 32 15 university, including but not limited to a university 32 16 under the control of the state board of regents as 32 17 provided in chapter 262, or a community college under 32 18 the jurisdiction of a board of directors for a merged 32 19 area as provided in chapter 260C, if the college or 32 20 university performs research or experimental 32 21 activities regarding animal agriculture or agronomy. 32 22 2. The requirements of this part which regulate 32 23 animal feeding operations, including rules adopted by 32 24 the department pursuant to section 455B.200, shall not 32 25 apply to research activities and experiments performed 32 26 under the authority and regulations of a research 32 27 college, if the research activities and experiments 32 28 relate to animal feeding operations, including but not 32 29 limited to the confinement of animals and the storage 32 30 and disposal of manure originating from animal feeding 32 31 operations. 32 32 3. This section shall not apply to requirements 32 33 provided in any of the following: 32 34 a. Section 455B.201, including rules adopted by 32 35 the department under that section. 32 36 b. Section 455B.204, including rules adopted by 32 37 the department under that section. 32 38 Sec. 37. Section 657.11, subsections 2, 3, 5, 6, 32 39 7, and 8, Code 1997, are amended to read as follows: 32 40 2.If a person has received all permits required32 41pursuant to chapter 455B for an animal feeding32 42operation, as defined in section 455B.161, there shall32 43be a rebuttable presumption that anAn animal feeding 32 44 operationis, as defined in section 455B.161, shall 32 45 not be found to be a public or private nuisance under 32 46 this chapter or under principles of common law, and 32 47thatthe animal feeding operationdoesshall not 32 48unreasonably and continuouslybe found to interfere 32 49 with another person's comfortable use and enjoyment of 32 50 the person's life or property under any other cause of 33 1 action.The rebuttable presumption also applies to33 2persons who are not required to obtain a permit33 3pursuant to chapter 455B for an animal feeding33 4operation as defined in section 455B.161. The33 5rebuttable presumptionHowever, this section shall not 33 6 apply if the person bringing the action proves that an 33 7 injury toathe person or damage to the person's 33 8 property is proximately caused byaeither of the 33 9 following: 33 10 a. The failure to comply with a federal statute or 33 11 regulation or a state statute or rule which applies to 33 12 the animal feeding operation. 33 13 b.3. The rebuttable presumption may be overcome33 14by clear and convincing evidence of bothBoth of the 33 15 following: 33 16a.(1) The animal feeding operation unreasonably 33 17 andcontinuouslyfor substantial periods of time 33 18 interferes withanotherthe person's comfortable use 33 19 and enjoyment of the person's life or property. 33 20b.(2) Theinjury or damage is proximately caused33 21by the negligent operation of theanimal feeding 33 22 operation failed to use existing prudent generally 33 23 accepted management practices reasonable for the 33 24 operation. 33 25 5.The rebuttable presumption created by thisThis 33 26 section shall apply regardless of the established date 33 27 of operation or expansion of the animal feeding 33 28 operation.The rebuttable presumptionA defense 33 29 against a cause of action provided in this section 33 30 includes, but is not limited to, a defense for actions 33 31 arising out of the care and feeding of animals; the 33 32 handling or transportation of animals; the treatment 33 33 or disposal of manure resulting from animals; the 33 34 transportation and application of animal manure; and 33 35 the creation of noise, odor, dust, or fumes arising 33 36 from an animal feeding operation. 33 37 6.An animal feeding operation that complies with33 38the requirements in chapter 455B for animal feeding33 39operations shall be deemed to meet any common law33 40requirements regarding the standard of a normal person33 41living in the locality of the operation.33 427. AIf a court determines that a claim is 33 43 frivolous, a person who brings the claim as part of a 33 44 losing cause of action against a personfor whom the33 45rebuttable presumption createdwho may raise a defense 33 46 under this sectionis not rebutted,shall be liable to 33 47 the person against whom the action was brought for all 33 48 costs and expenses incurred in the defense of the 33 49 action, if the court determines that a claim is33 50frivolous. 34 187.The rebuttable presumption created in this34 2 This section does not apply to an injury to a person 34 3 or damages to property caused by the animal feeding 34 4 operation beforeMay 31, 1995the effective date of 34 5 this Act. 34 6 Sec. 38. 1995 Iowa Acts, chapter 195, section 38, 34 7 is amended to read as follows: 34 8 SEC. 38. INDEMNITY FEES – PRIOR PERMITTEES. 34 9 1. The indemnity fee imposed upon permittees 34 10 pursuant to section 204.3, as enacted in this Act, 34 11 shall be imposed upon all persons who have received a 34 12 permit by the department of natural resources for the 34 13 construction of a confinement feeding operation with a 34 14 manure storage structure as defined in section 34 15455B.161204.1, as enacted in this Act, prior to the 34 16 effective date of this Act. However, an indemnity fee 34 17 shall not be imposed upona personthe following 34 18 persons: 34 19 a. A person who has received a construction permit 34 20 more than ten years prior to the effective date of 34 21 this Act. 34 22 b. A person who has received a construction permit 34 23 within ten years prior to May 31, 1995, if the 34 24 confinement feeding operation was not constructed 34 25 under the permit and the permit has expired. 34 26 2. To every extent possible, the department of 34 27 natural resources shall notify all persons required to 34 28 pay the fee. The notice shall be in writing. The 34 29 department shall establish a date when the fees must 34 30 be paid to the department, which shall be not less 34 31 than three months after the delivery of the notice. 34 32 If a person is delinquent in paying the indemnity fee 34 33 when due, or if upon examination, an underpayment of 34 34 the fee is found by the department, the person is 34 35 subject to a penalty of ten dollars or an amount equal 34 36 to the amount of deficiency for each day of the 34 37 delinquency, whichever is less.After the date34 38required for payment, the department shall transfer34 39all outstanding claims to the department of34 40agriculture and land stewardship.34 41 3. The department of natural resources shall 34 42deliver toreceive from the department of agriculture 34 43 and land stewardship the most current available 34 44 information regarding the persons required to pay the 34 45 fee and any delinquency penalty, including the names34 46and addresses of the persons, and the capacity of the34 47confinement feeding operations subject to the permit. 34 48 The department ofagriculture and land stewardship34 49 natural resources, in cooperation with the attorney 34 50 general, may bring a court action in order to collect 35 1 indemnity fees and delinquency penalties required to 35 2 be paid under this section. 35 3 Sec. 39. AMNESTY PERIOD. Notwithstanding 1995 35 4 Iowa Acts, chapter 195, section 38, a person who has 35 5 not paid an indemnity fee as required by that Act, as 35 6 amended by this Act, shall not be subject to a 35 7 delinquency penalty as provided in that Act, if the 35 8 person pays the full amount of the indemnity fee to 35 9 the department of agriculture and land stewardship on 35 10 or before December 31, 1998, as required by the 35 11 department. 35 12 Sec. 40. EFFECT OF THIS ACT – REFUND. Nothing in 35 13 this Act requires the department of natural resources 35 14 or the department of agriculture and land stewardship 35 15 to refund an indemnity fee or delinquency penalty 35 16 payment paid by permittees pursuant to 1995 Iowa Acts, 35 17 chapter 195, section 38. 35 18 Sec. 41. INDEMNITY FEES – PRIOR MANURE MANAGEMENT 35 19 PLAN SUBMITTEES. 35 20 1. The indemnity fee imposed upon persons required 35 21 to submit a manure management plan pursuant to section 35 22 204.3A, as enacted in this Act, shall be imposed upon 35 23 all persons who are required to submit a manure 35 24 management plan under section 455B.203 as amended in 35 25 this Act. However, a fee shall not be imposed upon a 35 26 person who was not required to submit a manure 35 27 management plan to the department of natural resources 35 28 pursuant to 1995 Iowa Acts, chapter 195, and 567 IAC 35 29 section 65.18(455B). 35 30 2. To every extent possible, the department shall 35 31 notify all persons required to pay the fee. The 35 32 notice shall be in writing. The department shall 35 33 establish a date when the fees must be paid to the 35 34 department, which shall be not less than three months 35 35 after the delivery of the notice. If a person is 35 36 delinquent in paying the indemnity fee when due, or if 35 37 upon examination, an underpayment of the fee is found 35 38 by the department, the person is subject to a penalty 35 39 of ten dollars or an amount equal to the amount of 35 40 deficiency for each day of the delinquency, whichever 35 41 is less. 35 42 Sec. 42. INDEMNITY FEES – PRIOR CONSTRUCTION 35 43 PERMITTEES. The department of agriculture and land 35 44 stewardship shall deliver to the department of natural 35 45 resources the most current available information 35 46 regarding persons required to pay the indemnity fee 35 47 imposed pursuant to 1995 Iowa Acts, chapter 195, 35 48 section 38. The department of natural resources, in 35 49 cooperation with the attorney general, may bring a 35 50 court action in order to collect indemnity fees and 36 1 delinquency penalties as provided in that Act for 36 2 deposit into the manure storage indemnity fund as 36 3 created in section 204.2. 36 4 Sec. 43. MANURE MANAGEMENT PLAN SUBMISSIONS. All 36 5 persons required to submit a manure management plan 36 6 pursuant to section 455B.203 as amended by this Act 36 7 shall submit a manure management plan according to the 36 8 same requirements, as provided in that section or 36 9 rules adopted by the department pursuant to that 36 10 section. Persons who have submitted a manure 36 11 management plan that complies with those requirements 36 12 are not required to submit a new manure management 36 13 plan. Persons who have not submitted a manure 36 14 management plan that complies with those requirements 36 15 shall not be required to submit a new manure 36 16 management plan until July 1, 1999. 36 17 Sec. 44. ANIMAL AGRICULTURE CONSULTING 36 18 ORGANIZATION. The department of natural resources 36 19 shall consult with the members of the animal 36 20 agriculture consulting organization regarding this 36 21 Act, rules adopted pursuant to this Act, and the Act's 36 22 implementation, to the same extent and in the same 36 23 manner as required in 1995 Iowa Acts, chapter 195, 36 24 section 37. 36 25 Sec. 45. DIRECTION TO THE DEPARTMENT OF NATURAL 36 26 RESOURCES – RULEMAKING. The department of natural 36 27 resources shall adopt all rules necessary to 36 28 administer and enforce this Act by January 1, 1999. 36 29 The department is required to adopt rules under this 36 30 Act, including adopting new rules or amending existing 36 31 rules, only to the extent that rules must be adopted 36 32 in order to comply with the requirements of this Act. 36 33 This section shall not be construed to limit the 36 34 authority of the department to adopt rules under this 36 35 Act or other statutory authority which the department 36 36 determines is necessary or advisable. 36 37 Sec. 46. DIRECTIONS TO IOWA CODE EDITOR. 36 38 1. The Iowa Code editor is directed to transfer 36 39 chapter 204, as amended by this Act, to a chapter 36 40 determined appropriate by the Iowa Code editor. The 36 41 Iowa Code editor shall correct internal references as 36 42 necessary. 36 43 2. The Iowa Code editor is directed to transfer 36 44 section 159.27 to or near section 455B.204A. 36 45 Sec. 47. TRANSFER OF PROVISIONS. The transfer of 36 46 provisions from one section to another section does 36 47 not affect the effect or applicability of rules 36 48 adopted by the department of natural resources, except 36 49 as required by the provisions of this Act. 36 50 Sec. 48. SEVERABILITY. If any provision of this 37 1 Act or the application of this Act to any person or 37 2 circumstance is held invalid, the invalidity shall not 37 3 affect other provisions or applications of this Act 37 4 which shall be given effect without the invalid 37 5 provision or application, and to this end the 37 6 provisions of this Act are severable. 37 7 Sec. 49. EFFECTIVE DATES. 37 8 1. Sections 9, 10, 13, 26, 28, 37 through 40, 44, 37 9 45, and this section, being deemed of immediate 37 10 importance, take effect upon enactment. 37 11 2. Sections 11, 14, 15, 17 through 20, 22, 25, 29, 37 12 30, and 32 through 34 take effect on January 1, 1999." 37 13 #2. Title page, line 1, by inserting after the 37 14 word "Act" the following: "providing for agricultural 37 15 production, including". 37 16 #3. Title page, line 2, by striking the words "an 37 17 effective date" and inserting the following: 37 18 "effective dates". 37 19 37 20 37 21 37 22 COMMITTEE ON AGRICULTURE 37 23 WILMER RENSINK, Chairperson 37 24 HF 2494.234 77 37 25 da/jl/28
Text: S05542 Text: S05544 Text: S05500 - S05599 Text: S Index Bills and Amendments: General Index Bill History: General Index
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