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PAG LIN 1 1 Section 1. NEW SECTION. 103A.7A SWINE CONFINEMENT 1 2 FEEDING OPERATION STRUCTURES – MODEL CODE. 1 3 The commissioner shall establish a model building code for 1 4 confinement swine feeding operation structures required to 1 5 obtain a license as provided in section 455B.173, for use by 1 6 counties in amending their building codes. 1 7 Sec. 2. Section 137.6, Code 1997, is amended by adding the 1 8 following new subsection: 1 9 NEW SUBSECTION. 6. Monitor drinking water wells which 1 10 exist in close proximity to animal feeding operations as 1 11 provided by the state department pursuant to section 455B.201. 1 12 Sec. 3. Section 204.5, unnumbered paragraph 1, Code 1997, 1 13 is amended to read as follows: 1 14 A county which has acquired real estate containing a 1 15confinement feeding operationmanure storage structure, or an 1 16 egg washwater storage structure as defined in section 1 17 455B.161, following the nonpayment of taxes pursuant to 1 18 section 446.19, may clean up the site, including removing and 1 19 disposing of manure at any time. The county may seek 1 20 reimbursement including by bringing an action for the costs of 1 21 the removal and disposal from the person abandoning the real 1 22 estate. 1 23 Sec. 4. Section 331.304, subsection 3, paragraph b, Code 1 24 1997, is amended to read as follows: 1 25 b.AExcept as otherwise provided in this paragraph, a 1 26 county building code shall not apply tofarmhouses, barns, 1 27 outbuildings, or otherfarmbuildings or structures which are 1 28 primarily adapted for use for an agriculturalpurposes1 29 purpose, while so used or under construction for that use. 1 30 The county building code may apply to a confinement swine 1 31 feeding operation structure constructed or expanded on or 1 32 after the effective date of this Act, which is required to 1 33 obtain a construction permit as provided in section 455B.173. 1 34 Sec. 5. Section 455B.171, Code 1997, is amended by adding 1 35 the following new subsections: 2 1 NEW SUBSECTION. 4A. "Confinement swine feeding operation" 2 2 means a confinement feeding operation in which swine are 2 3 confined and fed. 2 4 NEW SUBSECTION. 4B. "Confinement swine feeding operation 2 5 structure" means a confinement building or an animal feeding 2 6 operation structure which is part of a confinement feeding 2 7 operation, all as defined in section 455B.161. 2 8 NEW SUBSECTION. 12A. "Manure storage structure" means an 2 9 animal feeding operation structure used to store manure as 2 10 part of a confinement feeding operation, including an 2 11 anaerobic lagoon or earthen manure storage structure, all as 2 12 defined in section 455B.161. 2 13 Sec. 6. Section 455B.173, subsection 13, Code 1997, is 2 14 amended to read as follows: 2 15 13. a. Adopt, modify, or repeal rules relating to the 2 16 construction or operation of animal feeding operations. The 2 17 rules shall include, but are not limited to, minimum manure 2 18 control requirements, requirements for obtaining permits, and 2 19 departmental evaluations of animal feeding operations. The 2 20 department shall not require that a person obtain a permit for 2 21 the construction of an animal feeding operation structure, if 2 22 the structure is part of a small animal feeding operation. 2 23 b. The department shall collect an indemnity fee as 2 24 provided in section 204.3 prior to the issuance of a 2 25 construction permit. The department shall deposit moneys 2 26 collected from indemnity fees in the manure storage indemnity 2 27 fund created in section 204.2. 2 28 c. The department shall not approve a permit for the 2 29 construction of a confinement swine feeding operation 2 30 structure or three or more other animal feeding operation 2 31 structures, unless the applicant files a statement approved by 2 32 a professional engineer registered pursuant to chapter 542B 2 33 certifying that the construction of theanimal feeding2 34operationstructure will not impede the drainage through 2 35 established drainage tile lines which cross property boundary 3 1 lines unless measures are taken to reestablish the drainage 3 2 prior to completion of construction.The department shall3 3deposit moneys collected in indemnity fees in the manure3 4storage indemnity fund created in section 204.2.The permit 3 5 for a confinement swine feeding operation structure shall be 3 6 conditional upon the removal of any drainage tile located 3 7 within fifty feet of the structure prior to its operation, 3 8 according to rules adopted by the department, which shall 3 9 provide for the removal, capping, and rerouting of the 3 10 drainage tile. 3 11 d. The department shall issue a permit for an animal 3 12 feeding operation, if an application is submitted according to 3 13 procedures required by the department, and the application 3 14 meets standards established by the department, regardless of 3 15 whether the animal feeding operation is required to obtain 3 16 such a permit. An applicant for a construction permit shall 3 17 not begin construction at the location of a site planned for 3 18 the construction of an animal feeding operation structure, 3 19 until the person has been granted a permit for the 3 20 construction of the structure by the department. The 3 21 department shall make a determination regarding the approval 3 22 or denial of a permit within sixty days from the date that the 3 23 department receives a completed application for a permit. 3 24 However, the sixty-day requirement shall not apply to an 3 25 application, if the applicant is not required to obtain a 3 26 permit in order to construct an animal feeding operation 3 27 structure or to operate an animal feeding operation. The 3 28 department shall deliver a copy or require the applicant to 3 29 deliver a copy of the application for a construction permit to 3 30 the county board of supervisors in the county where the 3 31 confinement feeding operation or confinement feeding operation 3 32 structure subject to the permit is to be located. The 3 33 department shall not approve the application or issue a 3 34 construction permit until thirty days following delivery of 3 35 the application to the county board of supervisors. The 4 1 department shall consider comments from the county board of 4 2 supervisors, regarding compliance by the applicant with the 4 3 legal requirements for the construction of the confinement 4 4 feeding operation structure as provided in this chapter, and 4 5 rules adopted by the department pursuant to this chapter, if 4 6 the comments are delivered to the department within fourteen 4 7 days after receipt of the application by the county board of 4 8 supervisors. 4 9 e. Prior to granting a permit to a person for the 4 10 construction of an animal feeding operation, the department 4 11 may require the installation and operation of a hydrological 4 12 monitoring system for an exclusively earthen manure storage 4 13 structure, if, after an on-site inspection, the department 4 14 determines that the site presents an extraordinary potential 4 15 for groundwater pollution. The department shall require the 4 16 installation and operation of a hydrological monitoring system 4 17 for a manure storage structure which is part of a confinement 4 18 feeding operation prior to issuing a permit to the confinement 4 19 feeding operation, unless after an on-site inspection, the 4 20 department determines that no potential for groundwater 4 21 pollution exists. 4 22 f. A person shall not obtain a permit for the construction 4 23 of a confinement feeding operation, unless the person develops 4 24 a manure management plan as provided in section 455B.203. 4 25 g. During each major stage of construction, the department 4 26 shall conduct an inspection of the confinement swine feeding 4 27 operation structure subject to a permit required to be 4 28 approved by the department, in order to ensure that a 4 29 confinement swine feeding operation structure is being 4 30 constructed according to design requirements approved by the 4 31 department. A confinement swine feeding operation structure 4 32 shall not operate unless the department conducts a final 4 33 inspection and certifies that the confinement swine feeding 4 34 operation structure is constructed according to requirements 4 35 approved by the department. The department shall conduct an 5 1 annual inspection of each confinement swine feeding operation 5 2 required to obtain a construction permit under this section. 5 3 h. The department shall not issue a permit to a person 5 4 under this subsection if an enforcement action by the 5 5 department, relating to a violation of this chapter concerning 5 6 a confinement feeding operation in which the person has an 5 7 interest, is pending. The department shall not issue a permit 5 8 to a person under this subsection for five years after the 5 9 date of the last violation committed by a person or 5 10 confinement feeding operation in which the person holds a 5 11 controlling interest during which the person or operation was 5 12 classified as a habitual violator under section 455B.191.The5 13department shall conduct an annual review of each confinement5 14feeding operation which is a habitual violator and each5 15confinement feeding operation in which a habitual violator5 16holds a controlling interest.The department shall notify 5 17 persons classified as habitual violators of their 5 18 classification, additional restrictions imposed upon the 5 19 persons pursuant to the classification, and special civil 5 20 penalties that may be imposed upon the persons. The notice 5 21 shall be sent to the persons by certified mail. 5 22 Sec. 7. Section 455B.201, subsection 4, Code 1997, is 5 23 amended to read as follows: 5 24 4. A person shall not apply manure by spray irrigation 5 25 equipment, except as provided by rules which shall be adopted5 26by the department pursuant to chapter 17A. 5 27 Sec. 8. Section 455B.201, Code 1997, is amended by adding 5 28 the following new subsections: 5 29 NEW SUBSECTION. 5. The department shall provide for the 5 30 installation and operation of a hydrological monitoring system 5 31 for a manure storage structure which is part of a confinement 5 32 feeding operation structure, unless after an on-site 5 33 inspection, the department determines that the site presents 5 34 no potential for groundwater pollution. 5 35 NEW SUBSECTION. 6. The department shall do all of the 6 1 following: 6 2 a. Cooperate with the Iowa department of public health in 6 3 regularly monitoring drinking water wells which are located in 6 4 close proximity to animal feeding operations. The monitoring 6 5 may be performed by employees of a county board of health in 6 6 the county where a drinking water well is located and reported 6 7 to the department of natural resources as provided by the Iowa 6 8 department of public health. 6 9 b. Regularly inspect and evaluate the structural integrity 6 10 of manure storage structures which are part of confinement 6 11 swine feeding operations. The department shall annually 6 12 inspect and evaluate all anaerobic lagoons and earthen manure 6 13 storage basins which are part of those operations and for 6 14 which a construction permit has been issued by the department. 6 15 NEW SUBSECTION. 7. Drainage tile shall not be located 6 16 within fifty feet from a manure storage structure which is 6 17 part of a confinement swine feeding operation. The department 6 18 shall adopt rules for the inspection, removal, capping, and 6 19 rerouting of the drainage tile. The owner of a confinement 6 20 swine feeding operation shall comply with this subsection not 6 21 later than July 1, 1998. 6 22 Sec. 9. Section 455B.203, subsection 2, Code 1997, is 6 23 amended by adding the following new paragraph: 6 24 NEW PARAGRAPH. h. A written record describing actions 6 25 taken to determine the existence of drainage tile lines, 6 26 including the findings, and actions taken to comply with 6 27 permit requirements in section 455B.173, and minimum manure 6 28 control requirements provided in section 455B.201. 6 29 Sec. 10. DEPARTMENT OF NATURAL RESOURCES RULES REQUIRED. 6 30 The department of natural resources shall adopt as rules 6 31 recommended manure application practices as provided in 567 6 32 IAC 65, to apply to confinement swine feeding operations, 6 33 unless inconsistent with statute or rules required to 6 34 implement this Act. 6 35 Sec. 11. EFFECTIVE DATE. This Act, being deemed of 7 1 immediate importance, takes effect upon enactment. 7 2 EXPLANATION 7 3 This bill provides for the regulation of animal feeding 7 4 operations, including confinement feeding operations, and the 7 5 application of manure on land. As provided in the bill, a 7 6 confinement swine feeding operation is an area in which swine 7 7 are confined to buildings and fed and maintained for 45 days 7 8 or more in any 12-month period, including all structures used 7 9 for the storage of manure from animals in the operation. 7 10 The bill requires the state building code commissioner to 7 11 establish a model building code for confinement swine feeding 7 12 operation structures. The bill provides that a county 7 13 building code may apply to a confinement feeding operation 7 14 structure. 7 15 The bill authorizes a local board of health to monitor 7 16 drinking water wells which exist in close proximity to animal 7 17 feeding operations. The bill amends a provision which allows 7 18 a county to be reimbursed for acquiring real estate where an 7 19 animal feeding operation is located, by allowing reimbursement 7 20 for cleaning up an anaerobic lagoon. 7 21 The bill provides for the removal of any drainage tile 7 22 located within 50 feet of a confinement swine feeding 7 23 operation structure. 7 24 The bill requires the department to install and operate a 7 25 hydrological monitoring system for a manure storage structure 7 26 which is part of a confinement feeding operation prior to 7 27 issuing a permit. The bill requires that during each major 7 28 stage of construction, the department must conduct an 7 29 inspection of the confinement swine feeding operation 7 30 structure which is subject to a permit. The bill provides for 7 31 annual inspections of confinement feeding operations. 7 32 The bill prohibits the use of spray irrigation equipment to 7 33 apply manure. 7 34 The bill requires hydrological monitoring of manure storage 7 35 structures which are part of confinement swine feeding 8 1 operation structures. The bill requires the department to 8 2 cooperate with the Iowa department of public health in 8 3 regularly monitoring drinking water wells which are located in 8 4 close proximity to animal feeding operations. The bill 8 5 requires the department to regularly inspect and evaluate the 8 6 structural integrity of manure storage structures which are 8 7 part of confinement swine feeding operations. The bill 8 8 requires that drainage tile cannot be located within 50 feet 8 9 from a manure storage structure which is part of a confinement 8 10 swine feeding operation. 8 11 The bill requires the department of natural resources to 8 12 adopt as rules recommended manure application practices as 8 13 provided in 567 IAC 65.2(1) to apply to confinement swine 8 14 feeding operations. 8 15 Chapter 455B includes provisions imposing penalties upon 8 16 violators which are applicable to the provisions of this bill. 8 17 A person who violates water quality provisions is subject to a 8 18 civil penalty of not more than $5,000 unless the person is 8 19 classified as a habitual violator, pursuant to section 8 20 455B.191. A habitual violator may be subject to a civil 8 21 penalty of not more than $25,000. 8 22 The bill takes effect upon enactment. 8 23 LSB 2105XS 77 8 24 da/sc/14.2
Text: SF00233 Text: SF00235 Text: SF00200 - SF00299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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