Text: SF00472 Text: SF00474 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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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