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PAG LIN 1 1 Section 1. Section 455B.171, Code 1997, is amended by 1 2 adding the following new subsections: 1 3 NEW SUBSECTION. 1A. "Anaerobic lagoon" means the same as 1 4 defined in section 455B.161. 1 5 NEW SUBSECTION. 2A. "Animal feeding operation structure" 1 6 means the same as defined in section 455B.161. 1 7 NEW SUBSECTION. 7A. "Earthen manure storage basin" means 1 8 the same as defined in section 455B.161. 1 9 NEW SUBSECTION. 28A. "Single stage anaerobic lagoon" 1 10 means an anaerobic lagoon that uses a single impoundment in 1 11 the process of stabilizing organic wastes which are stored in 1 12 the impoundment. 1 13 NEW SUBSECTION. 29A. "Spray irrigation equipment" means 1 14 mechanical equipment which is commonly used for the artificial 1 15 application of water to agricultural crops, if used for the 1 16 aerial application of manure supplied by hoses or pipes 1 17 connected to an animal feeding operation structure which 1 18 stores manure. 1 19 Sec. 2. Section 455B.201, subsection 4, Code 1997, is 1 20 amended to read as follows: 1 21 4. A person shall not apply manure by spray irrigation 1 22 equipment which is connected to a single stage anaerobic 1 23 lagoon or earthen manure storage basin. A person shall not 1 24 otherwise apply manure by spray irrigation equipment, except 1 25 as provided by rules which shall be adopted by the department 1 26 pursuant to chapter 17A. 1 27 Sec. 3. Section 455B.203, subsection 2, paragraph a, Code 1 28 1997, is amended to read as follows: 1 29 a. Calculations necessary to determine the land area 1 30 required for the application of manure from a confinement 1 31 feeding operation based onnitrogenthe use levels of all 1 32 nutrients, including nitrogen and phosphorus, in order to 1 33 obtain optimum crop yields according to a crop schedule 1 34 specified in the plan, and according to requirements adopted 1 35 by the department after receiving recommendations from the 2 1 animal agriculture consulting organization provided for in 2 2 1995 Iowa Acts, chapter 195, section 37. 2 3 Sec. 4. NEW SECTION. 455B.205 INSPECTION PROGRAM – 2 4 ANAEROBIC LAGOONS AND EARTHEN MANURE STORAGE BASINS. 2 5 The department of natural resources, in cooperation with 2 6 the department of agriculture and land stewardship, shall 2 7 establish a program to inspect anaerobic lagoons and earthen 2 8 manure storage basins which are part of animal feeding 2 9 operations. The program shall require an anaerobic lagoon or 2 10 earthen manure storage basin to be inspected by a department 2 11 at least once each six months. The inspection schedule shall 2 12 provide priority to inspections of anaerobic lagoons and 2 13 earthen manure storage basins located within environmentally 2 14 sensitive areas. The department of natural resources may 2 15 require the installation and operation of a hydrological 2 16 monitoring system if after an on-site inspection, the 2 17 department determines that a site presents an extraordinary 2 18 potential for surface water or subsurface water pollution. 2 19 The department of natural resources shall file a report with 2 20 the general assembly on or before January 15 of each year 2 21 describing the inspection program, including resulting 2 22 disciplinary or legal action initiated by the department or 2 23 the attorney general against animal feeding operations in 2 24 violation of this chapter. 2 25 EXPLANATION 2 26 This bill amends several provisions contained in Code 2 27 chapter 455B regulating animal feeding operations. Code 2 28 section 455.201 currently prohibits a person from applying 2 29 manure from spray irrigation equipment except as provided by 2 30 rules adopted by the department of natural resources. This 2 31 bill specifically prohibits the application of manure by spray 2 32 irrigation equipment which is connected to a single stage 2 33 anaerobic lagoon or earthen manure storage basin. 2 34 Code section 455B.203 currently provides that a manure 2 35 management plan must include calculations necessary to 3 1 determine the land area required for the application of manure 3 2 from a confinement feeding operation based on nitrogen use 3 3 levels in order to obtain optimum crop yields according to a 3 4 crop schedule specified in the plan. This bill provides that 3 5 the calculations must be based on all nutrient use levels, 3 6 including nitrogen and phosphorus. 3 7 Finally, the bill creates a new Code section 455B.205 3 8 requiring that the department of natural resources, in 3 9 cooperation with the department of agriculture and land 3 10 stewardship, establish a program to inspect anaerobic lagoons 3 11 and earthen manure storage basins. The program must require 3 12 an anaerobic lagoon or earthen manure storage basin to be 3 13 inspected by a department at least once each six months. The 3 14 bill provides that the department of natural resources may 3 15 require the installation and operation of a hydrological 3 16 monitoring system if it determines that a site presents an 3 17 extraordinary potential for water pollution. The bill 3 18 provides that the department of natural resources must file an 3 19 annual report with the general assembly regarding the 3 20 inspection program. 3 21 Code section 455B.191 provides that a person violating 3 22 provisions relating to water quality is subject to a civil 3 23 penalty of up to $5,000 for each day of the violation. 3 24 LSB 1358XC 77 3 25 da/jj/8
Text: SSB00127 Text: SSB00129 Text: SSB00100 - SSB00199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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