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PAG LIN
1 1 SENATE FILE 473
1 2
1 3 AN ACT
1 4 REQUIRING OWNERS OF AGRICULTURAL DRAINAGE WELLS TO PREVENT SUR-
1 5 FACE WATER INTAKE INTO THE WELLS, PROVIDING FOR THE CLOSURE
1 6 OF CERTAIN WELLS AND THE CONSTRUCTION OF ALTERNATIVE DRAINAGE
1 7 SYSTEMS, PROVIDING STATE ASSISTANCE FOR CLOSING AGRICULTURAL
1 8 DRAINAGE WELLS, PROHIBITING THE CONSTRUCTION AND USE OF CER-
1 9 TAIN STRUCTURES LOCATED IN AGRICULTURAL DRAINAGE WELL AREAS,
1 10 PROVIDING FOR THE ASSESSMENT AND COLLECTION OF CERTAIN DRAIN-
1 11 AGE DISTRICT EXPENSES, PROVIDING PENALTIES, AND PROVIDING AN
1 12 EFFECTIVE DATE.
1 13
1 14 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 15
1 16 Section 1. Section 159.1, Code 1997, is amended by adding
1 17 the following new subsections:
1 18 NEW SUBSECTION. 0A. "Agricultural drainage well" means
1 19 the same as defined in section 455H.1.
1 20 NEW SUBSECTION. 0B. "Agricultural drainage well area"
1 21 means the same as defined in section 455H.1.
1 22 NEW SUBSECTION. 1A. "Designated agricultural drainage
1 23 well area" means the same as defined in section 455H.1.
1 24 Sec. 2. NEW SECTION. 159.29A AGRICULTURAL DRAINAGE WELLS
1 25 – ALTERNATIVE DRAINAGE SYSTEM ASSISTANCE FUND.
1 26 1. An alternative drainage system assistance fund is
1 27 created in the state treasury under the control of the soil
1 28 conservation division. The fund is composed of moneys
1 29 appropriated by the general assembly, and moneys available to
1 30 and obtained or accepted by the division or the state soil
1 31 conservation committee established pursuant to section 161A.4,
1 32 from the United States or private sources for placement in the
1 33 fund.
1 34 2. Moneys in the fund are subject to an annual audit by
1 35 the auditor of state. The fund is subject to warrants written
2 1 by the director of revenue and finance, drawn upon the written
2 2 requisition of the division.
2 3 3. The fund shall be used to support the alternative
2 4 drainage system assistance program as provided in section
2 5 159.29B. Moneys shall be used to provide financial incentives
2 6 under the program, and to defray expenses by the division in
2 7 administering the program. However, not more than one percent
2 8 of the money in the fund is available to defray administrative
2 9 expenses. The division may adopt rules pursuant to chapter
2 10 17A to administer this section.
2 11 4. The division shall not in any manner directly or
2 12 indirectly pledge the credit of the state.
2 13 5. Section 8.33 shall not apply to moneys in the fund.
2 14 Notwithstanding section 12C.7, moneys earned as income,
2 15 including as interest, from the fund shall remain in the fund
2 16 until expended as provided in this section.
2 17 Sec. 3. NEW SECTION. 159.29B AGRICULTURAL DRAINAGE WELLS
2 18 – ALTERNATIVE DRAINAGE SYSTEM ASSISTANCE PROGRAM.
2 19 1. The soil conservation division shall establish an
2 20 alternative drainage system assistance program as provided by
2 21 rules which shall be adopted by the division pursuant to
2 22 chapter 17A. The program shall be supported from moneys
2 23 deposited in the alternative drainage system assistance fund
2 24 created pursuant to section 159.29A.
2 25 2. To the extent that moneys are available to support the
2 26 program, the division shall provide cost-share moneys to
2 27 persons closing agricultural drainage wells located within
2 28 designated agricultural drainage well areas, and constructing
2 29 alternative drainage systems which are part of a drainage
2 30 district in accordance with the priority system established
2 31 pursuant to section 159.29. The amount of moneys allocated in
2 32 cost-share payments to a person qualifying under the program
2 33 shall not exceed seventy-five percent of the estimated cost of
2 34 installing the alternative drainage system or seventy-five
2 35 percent of the actual cost of installing the alternative
3 1 drainage system, whichever is less.
3 2 3. a. A person who owns an interest in land within a
3 3 designated agricultural drainage well area shall not be
3 4 eligible to participate in the program, if the person is any
3 5 of the following:
3 6 (1) A party to a pending legal or administrative action,
3 7 including a contested case proceeding under chapter 17A,
3 8 relating to an alleged violation involving an animal feeding
3 9 operation as regulated by the department of natural resources,
3 10 regardless of whether the pending action is brought by the
3 11 department or the attorney general.
3 12 (2) Is classified as a habitual violator for a violation
3 13 of state law involving an animal feeding operation as
3 14 regulated by the department of natural resources.
3 15 b. Noncrop acres located within a designated agricultural
3 16 drainage well area shall not be eligible to benefit from the
3 17 program.
3 18 The department of natural resources shall cooperate with
3 19 the division by providing information necessary to administer
3 20 this subsection.
3 21 Sec. 4. NEW SECTION. 455H.1 DEFINITIONS.
3 22 As used in this chapter, unless the context otherwise
3 23 requires:
3 24 1. "Agricultural drainage well" means a vertical opening
3 25 to an aquifer or permeable substratum which is constructed by
3 26 any means including but not limited to drilling, driving,
3 27 digging, boring, augering, jetting, washing, or coring, and
3 28 which is capable of intercepting or receiving surface or
3 29 subsurface drainage water from land directly or by a drainage
3 30 system.
3 31 2. "Agricultural drainage well area" means an area of land
3 32 where surface or subsurface water drains into an agricultural
3 33 drainage well directly or through a drainage system connecting
3 34 to the agricultural drainage well.
3 35 3. "Alternative drainage system" means a drainage system
4 1 constructed as part of a drainage district in order to drain
4 2 surface or subsurface water from land due to the closing of an
4 3 agricultural drainage well.
4 4 4. "Department" means the department of natural resources.
4 5 5. "Designated agricultural drainage well area" means an
4 6 agricultural drainage well area in which there is located an
4 7 anaerobic lagoon or earthen manure storage basin required to
4 8 obtain a construction permit by the department of natural
4 9 resources.
4 10 6. "Division" means the soil conservation division of the
4 11 department of agriculture and land stewardship.
4 12 7. "Drainage district" means a drainage district
4 13 established pursuant to chapter 468.
4 14 8. "Drainage system" means tile lines, laterals, surface
4 15 inlets, or other improvements which are constructed to
4 16 facilitate the drainage of land.
4 17 9. "Earthen storage structure" means an earthen cavity,
4 18 either covered or uncovered, including but not limited to an
4 19 anaerobic lagoon or earthen manure storage basin which is used
4 20 to store manure, sewage, wastewater, industrial waste, or
4 21 other waste as regulated by the department of natural
4 22 resources, if stored in a liquid or semi-liquid state.
4 23 10. "Land" means land which is used or which is suitable
4 24 for use for any purpose, if the land is located within an
4 25 agricultural drainage well area which includes land used or
4 26 suitable for use in farming.
4 27 11. "Surface water" means water occurring on the surface
4 28 of the ground.
4 29 12. "Surface water intake" means an artificial opening to
4 30 a drain tile line which drains into an agricultural drainage
4 31 well, if the artificial opening allows surface water to enter
4 32 the drain tile line without filtration through the soil
4 33 profile.
4 34 Sec. 5. NEW SECTION. 455H.2 PREVENTING SURFACE WATER
4 35 DRAINAGE INTO AGRICULTURAL DRAINAGE WELLS – PENALTY.
5 1 Not later than December 31, 1998, all of the following
5 2 shall apply:
5 3 1. An owner of land on which an agricultural drainage well
5 4 is located shall prevent surface water from draining into the
5 5 agricultural drainage well. The landowner shall comply with
5 6 rules, which shall be adopted by the department, in
5 7 consultation with the division, required to carry out this
5 8 section. The landowner shall do all of the following:
5 9 a. If the land has a surface water intake emptying into an
5 10 agricultural drainage well, including a surface water intake
5 11 located in a road ditch, the landowner shall remove the
5 12 surface water intake.
5 13 b. If the land has a cistern connecting to an agricultural
5 14 drainage well, the landowner shall construct and maintain
5 15 sidewalls surrounding the cistern in order to prevent surface
5 16 water runoff directly emptying into the agricultural drainage
5 17 well.
5 18 c. If the land has an agricultural drainage well, the
5 19 landowner shall ensure that the agricultural drainage well and
5 20 related drainage system are adequately ventilated in a manner
5 21 that does not allow surface water to directly drain into the
5 22 agricultural drainage well.
5 23 d. The landowner shall install a locked cover over the
5 24 agricultural drainage well or its cistern in order to prevent
5 25 unauthorized access to the agricultural drainage well or its
5 26 cistern.
5 27 This subsection does not require a person to remove a tile
5 28 line that drains into an agricultural drainage well if the
5 29 tile line does not have a surface water intake. This
5 30 subsection also does not prohibit a person from installing a
5 31 tile line, if the installed tile line does not increase an
5 32 agricultural drainage well area.
5 33 2. An agricultural drainage well shall be inspected to
5 34 ensure compliance with this section, as required by the county
5 35 board of supervisors in the county in which the agricultural
6 1 drainage well is located.
6 2 3. The department shall adopt guidelines as necessary to
6 3 assist counties in performing inspections as provided in this
6 4 section. The guidelines shall not affect the authority of a
6 5 county to designate a person to perform inspections.
6 6 Sec. 6. NEW SECTION. 455H.3 CLOSING OF AGRICULTURAL
6 7 DRAINAGE WELLS AND CONSTRUCTION OF ALTERNATIVE DRAINAGE
6 8 SYSTEMS.
6 9 1. Not later than December 31, 1999, the owner of land
6 10 which is within a designated agricultural drainage well area
6 11 shall close each agricultural drainage well located on the
6 12 land. The owner shall close the agricultural drainage well in
6 13 a manner using materials and according to specifications
6 14 required by rules which shall be adopted by the department in
6 15 consultation with the division. The department may provide
6 16 different closing requirements based on classifications
6 17 established by the department. However, the department's
6 18 requirements shall ensure that an agricultural drainage well
6 19 is closed by using sealing materials such as bentonite to
6 20 permanently seal the agricultural drainage well from
6 21 contamination by surface or subsurface water drainage.
6 22 2. A person owning land affected by the closing of an
6 23 agricultural drainage well as required pursuant to subsection
6 24 1 may construct an alternative drainage system as part of an
6 25 established or new drainage district as provided in chapter
6 26 468. The alternative drainage system shall ensure that
6 27 surface or subsurface water does not drain into an
6 28 agricultural drainage well.
6 29 Sec. 7. NEW SECTION. 455H.4 NOTICE.
6 30 1. The department shall provide information regarding
6 31 landowners registering agricultural drainage wells pursuant to
6 32 section 159.29 to each county board of supervisors in which an
6 33 agricultural drainage well is registered.
6 34 2. The department shall notify landowners of land on which
6 35 an agricultural drainage well is located of the deadline for
7 1 complying with this chapter. The notice shall be provided by
7 2 print, electronic media, or other notification process. The
7 3 department shall provide the notice in cooperation with the
7 4 county board of supervisors in the county where the
7 5 agricultural drainage well is located.
7 6 3. The department shall mail a special notice to owners of
7 7 land registering agricultural drainage wells pursuant to
7 8 section 159.29.
7 9 Sec. 8. NEW SECTION. 455H.5 PROHIBITION AGAINST
7 10 CONSTRUCTING EARTHEN STORAGE STRUCTURES.
7 11 A person shall not construct or expand an earthen storage
7 12 structure within an agricultural drainage well area. Each day
7 13 that a person operates an earthen storage structure which is
7 14 constructed in violation of this section constitutes a
7 15 separate violation.
7 16 Sec. 9. NEW SECTION. 455H.6 PENALTIES.
7 17 1. a. A person who violates sections 455H.2 or 455H.3 is
7 18 subject to a civil penalty of not more than one thousand
7 19 dollars. However, if a person is found to have violated a
7 20 section and again violates the section by not taking action
7 21 necessary to correct a previous violation within sixty days
7 22 after the person was found to have committed the previous
7 23 violation, the person is subject to a civil penalty not to
7 24 exceed five thousand dollars. If a person is convicted of
7 25 violating a section two or more times and again violates that
7 26 section by not taking action necessary to correct a previous
7 27 violation within sixty days after the person was found to have
7 28 committed the last previous violation, the person is subject
7 29 to a civil penalty not to exceed fifteen thousand dollars.
7 30 b. A person who violates section 455H.5 is subject to a
7 31 civil penalty not to exceed five thousand dollars.
7 32 2. Moneys collected from the assessment of civil penalties
7 33 and interest on civil penalties as provided for in this
7 34 section shall be deposited in the manure storage indemnity
7 35 fund as created in section 204.2.
8 1 Sec. 10. NEW SECTION. 455H.7 REIMBURSEMENT OF EXPENSES.
8 2 The expenses incurred by a county in carrying out this
8 3 chapter shall be prorated among the landowners in the county
8 4 who own land on which an agricultural drainage well is
8 5 located. The amount shall be placed upon the tax books, and
8 6 collected with interest and penalties after due, in the same
8 7 manner as other unpaid property taxes. If expenses are
8 8 incurred by a drainage district, the board shall levy an
8 9 assessment on the lands in the district where an agricultural
8 10 drainage well is located as provided in section 468.50.
8 11 Sec. 11. NEW SECTION. 468.189 CLOSING AGRICULTURAL
8 12 DRAINAGE WELLS – ASSESSMENT OF COSTS WITHIN A DRAINAGE
8 13 DISTRICT.
8 14 The costs of closing an agricultural drainage well and
8 15 constructing an alternative drainage system as part of a
8 16 drainage district shall be assessed as a special assessment by
8 17 the board as provided in this chapter.
8 18 Sec. 12. DEPARTMENTAL RULES. The department of
8 19 agriculture and land stewardship and the department of natural
8 20 resources shall adopt all rules required to carry out this Act
8 21 by December 31, 1997.
8 22 Sec. 13. EFFECTIVE DATE. This Act, being deemed of
8 23 immediate importance, takes effect upon enactment.
8 24
8 25
8 26
8 27 MARY E. KRAMER
8 28 President of the Senate
8 29
8 30
8 31
8 32 RON J. CORBETT
8 33 Speaker of the House
8 34
8 35 I hereby certify that this bill originated in the Senate and
9 1 is known as Senate File 473, Seventy-seventh General Assembly.
9 2
9 3
9 4
9 5 MARY PAT GUNDERSON
9 6 Secretary of the Senate
9 7 Approved , 1997
9 8
9 9
9 10
9 11 TERRY E. BRANSTAD
9 12 Governor
Text: SF00472 Text: SF00474 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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