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PAG LIN
1 1 Section 1. Section 159.1, Code 1997, is amended by adding
1 2 the following new subsections:
1 3 NEW SUBSECTION. 0A. "Agricultural drainage well" means
1 4 the same as defined in section 455H.1.
1 5 NEW SUBSECTION. 0B. "Agricultural drainage well area"
1 6 means the same as defined in section 455H.1.
1 7 Sec. 2. NEW SECTION. 159.29A AGRICULTURAL DRAINAGE WELLS
1 8 – ALTERNATIVE DRAINAGE SYSTEM ASSISTANCE FUND.
1 9 1. An alternative drainage system assistance fund is
1 10 created in the state treasury under the control of the soil
1 11 conservation division. The fund is composed of moneys
1 12 appropriated by the general assembly, and moneys available to
1 13 and obtained or accepted by the division or the state soil
1 14 conservation committee established pursuant to section 161A.4,
1 15 from the United States or private sources for placement in the
1 16 fund.
1 17 2. Moneys in the fund are subject to an annual audit by
1 18 the auditor of state. The fund is subject to warrants written
1 19 by the director of revenue and finance, drawn upon the written
1 20 requisition of the division.
1 21 3. The fund shall be used to support the alternative
1 22 drainage system assistance program as provided in section
1 23 159.29B. Moneys shall be used to provide financial incentives
1 24 under the program, and to defray expenses by the division in
1 25 administering the program. However, not more than one percent
1 26 of the money in the fund is available to defray administrative
1 27 expenses. The division may adopt rules pursuant to chapter
1 28 17A to administer this section.
1 29 4. The division shall not in any manner directly or
1 30 indirectly pledge the credit of the state.
1 31 5. Section 8.33 shall not apply to moneys in the fund.
1 32 Notwithstanding section 12C.7, moneys earned as income,
1 33 including as interest, from the fund shall remain in the fund
1 34 until expended as provided in this section.
1 35 Sec. 3. NEW SECTION. 159.29B AGRICULTURAL DRAINAGE WELLS
2 1 – ALTERNATIVE DRAINAGE SYSTEM ASSISTANCE PROGRAM.
2 2 1. The soil conservation division shall establish an
2 3 alternative drainage system assistance program as provided by
2 4 rules which shall be adopted by the division pursuant to
2 5 chapter 17A. The program shall be supported from moneys
2 6 deposited in the alternative drainage system assistance fund
2 7 created pursuant to section 159.29A.
2 8 2. To the extent that moneys are available to support the
2 9 program, the division shall provide cost-share moneys to
2 10 persons closing agricultural drainage wells located within
2 11 designated agricultural drainage well areas, and constructing
2 12 alternative drainage systems which are part of a drainage in
2 13 accordance with the priority system established pursuant to
2 14 section 159.29. The amount of moneys allocated in cost-share
2 15 payments to a person qualifying under the program shall not
2 16 exceed seventy-five percent of the estimated cost of
2 17 installing the alternative drainage system or seventy-five
2 18 percent of the actual cost of installing the alternative
2 19 drainage system, whichever is less.
2 20 3. a. A person owning land within a designated
2 21 agricultural drainage well area shall not be eligible to
2 22 participate in the program, if the person could be subject to
2 23 a special civil penalty by the department of natural resources
2 24 as a habitual violator for violations of state law involving
2 25 an animal feeding operation.
2 26 b. Noncrop acres located within a designated agricultural
2 27 drainage well area shall not be eligible to benefit from the
2 28 program.
2 29 The department of natural resources shall cooperate with
2 30 the division by providing information necessary to administer
2 31 this subsection.
2 32 Sec. 4. NEW SECTION. 455H.1 DEFINITIONS.
2 33 As used in this chapter, unless the context otherwise
2 34 requires:
2 35 1. "Agricultural drainage well" means a vertical opening
3 1 to an aquifer or permeable substratum which is constructed by
3 2 any means including but not limited to drilling, driving,
3 3 digging, boring, augering, jetting, washing, or coring, and
3 4 which is capable of intercepting or receiving surface or
3 5 subsurface drainage water from land directly or by a drainage
3 6 system.
3 7 2. "Agricultural drainage well area" means an area of land
3 8 where surface or subsurface water drains into an agricultural
3 9 drainage well directly or through a drainage system connecting
3 10 to the agricultural drainage well.
3 11 3. "Alternative drainage system" means a drainage system
3 12 constructed as part of a drainage district in order to drain
3 13 surface or subsurface water from land due to the closing of an
3 14 agricultural drainage well.
3 15 4. "Cost-share" means a contribution of money made by the
3 16 state in order to pay a percentage of the costs related to
3 17 closing an agricultural drainage well or constructing an
3 18 alternative drainage system as provided in this chapter.
3 19 5. "Department" means the department of natural resources.
3 20 6. "Designated agricultural drainage well area" means an
3 21 agricultural drainage well area in which there is located an
3 22 earthen storage structure.
3 23 7. "Division" means the soil conservation division of the
3 24 department of agriculture and land stewardship.
3 25 8. "Drainage district" means a drainage district
3 26 established pursuant to chapter 468.
3 27 9. "Drainage system" means tile lines, laterals, surface
3 28 inlets, or other improvements which are constructed to
3 29 facilitate the drainage of land.
3 30 10. "Earthen storage structure" means an earthen cavity,
3 31 either covered or uncovered, including but not limited to an
3 32 anaerobic lagoon or earthen manure storage basin which is used
3 33 to store manure, sewage, wastewater, industrial waste, or
3 34 other waste as regulated by the department of natural
3 35 resources, if stored in a liquid or semi-liquid state.
4 1 11. "Land" means land which is used or which is suitable
4 2 for use for any purpose, if the land is located within an
4 3 agricultural drainage well area which includes land used or
4 4 suitable for use in farming.
4 5 12. "Surface water" means water occurring on the surface
4 6 of the ground.
4 7 13. "Surface water intake" means an artificial opening to
4 8 a drain tile line which drains into an agricultural drainage
4 9 well, if the artificial opening allows surface water to enter
4 10 the drain tile line without filtration through the soil
4 11 profile.
4 12 Sec. 5. NEW SECTION. 455H.2 PREVENTING SURFACE WATER
4 13 DRAINAGE INTO AGRICULTURAL DRAINAGE WELLS – PENALTY.
4 14 Not later than December 31, 1998, all of the following
4 15 shall apply:
4 16 1. An owner of land on which an agricultural drainage well
4 17 is located shall prevent surface water from draining into the
4 18 agricultural drainage well. The landowner shall comply with
4 19 rules, which shall be adopted by the department, in
4 20 consultation with the division, required to carry out this
4 21 section. The landowner shall do all of the following:
4 22 a. If the land has a surface water intake emptying into an
4 23 agricultural drainage well, including a surface water intake
4 24 located in a road ditch, the landowner shall remove the
4 25 surface water intake.
4 26 b. If the land has a cistern connecting to an agricultural
4 27 drainage well, the landowner shall construct and maintain
4 28 sidewalls surrounding the cistern in order to prevent surface
4 29 water runoff directly emptying into the agricultural drainage
4 30 well.
4 31 c. If the land has an agricultural drainage well, the
4 32 landowner shall ensure that the agricultural drainage well and
4 33 related drainage system are adequately ventilated in a manner
4 34 that does not allow surface water to directly drain into the
4 35 agricultural drainage well.
5 1 d. The landowner shall install a locked cover over the
5 2 agricultural drainage well or its cistern in order to prevent
5 3 unauthorized access to the agricultural drainage well or its
5 4 cistern.
5 5 This subsection does not require a person to remove a tile
5 6 line that drains into an agricultural drainage well if the
5 7 tile line does not have a surface water intake. This
5 8 subsection also does not prohibit a person from installing a
5 9 tile line, if the installed tile line does not increase an
5 10 agricultural drainage well area.
5 11 2. An agricultural drainage well shall be inspected to
5 12 ensure compliance with this section, as follows:
5 13 a. If the agricultural drainage well is not located within
5 14 a drainage district as provided in chapter 468, the inspection
5 15 shall be made as required by the county board of supervisors
5 16 in the county in which the agricultural drainage well is
5 17 located.
5 18 b. If the agricultural drainage well is located on land
5 19 within a drainage district as provided in chapter 468, the
5 20 inspection shall be made as required by the board of the
5 21 drainage district, unless the county and the district
5 22 determine that inspection will be made by the county.
5 23 3. The department shall adopt guidelines as is necessary
5 24 to assist counties and drainage districts in performing
5 25 inspections as provided in this section.
5 26 Sec. 6. NEW SECTION. 455H.3 CLOSING OF AGRICULTURAL
5 27 DRAINAGE WELLS AND CONSTRUCTION OF ALTERNATIVE DRAINAGE
5 28 SYSTEMS.
5 29 1. Not later than December 31, 1998, the owner of land
5 30 which is within a designated agricultural drainage well area
5 31 shall close each agricultural drainage well located on the
5 32 land. The owner shall close the agricultural drainage well in
5 33 a manner using materials and according to specifications
5 34 required by rules which shall be adopted by the department in
5 35 consultation with the division. The department may provide
6 1 different closing requirements based on classifications
6 2 established by the department. However, the department's
6 3 requirements shall ensure that an agricultural drainage well
6 4 is closed by using sealing materials such as bentonite to
6 5 permanently seal the agricultural drainage well from
6 6 contamination by surface or subsurface water drainage.
6 7 2. A person owning land affected by the closing of an
6 8 agricultural drainage well as required pursuant to subsection
6 9 1 may construct an alternative drainage system as part of an
6 10 established or new drainage district as provided in chapter
6 11 468. The alternative drainage system shall ensure that
6 12 surface or subsurface water does not drain into an
6 13 agricultural drainage well. A professional engineer licensed
6 14 pursuant to chapter 542B shall certify that work related to
6 15 closing the agricultural drainage well and that constructing
6 16 an alternative drainage system meets all applicable
6 17 engineering standards. If the site is within an established
6 18 drainage district, the engineer shall be the district's
6 19 engineer appointed pursuant to section 468.10 or an engineer
6 20 approved by the district's engineer.
6 21 Sec. 7. NEW SECTION. 455H.4 NOTICE.
6 22 1. The department shall provide information regarding
6 23 landowners registering agricultural drainage wells pursuant to
6 24 section 159.29 to each county board of supervisors and each
6 25 drainage district organized pursuant to chapter 468, in which
6 26 an agricultural drainage well is registered.
6 27 2. The department shall notify landowners of land on which
6 28 an agricultural drainage well is located of the deadline for
6 29 complying with this chapter. The notice shall be provided by
6 30 print, electronic media, or other notification process.
6 31 a. If the agricultural drainage well is not located on
6 32 land within a drainage district as provided in chapter 468,
6 33 the department shall provide the notice in cooperation with
6 34 the county board of supervisors in the county where the
6 35 agricultural drainage well is located.
7 1 b. If the agricultural drainage well is located on land
7 2 within a drainage district as provided in chapter 468, the
7 3 department shall provide the notice in cooperation with the
7 4 board of the drainage district, unless the county and the
7 5 district where the agricultural drainage well is located
7 6 determine that inspection of the agricultural drainage wells
7 7 will be provided by the county.
7 8 3. The department shall mail a special notice to owners of
7 9 land registering agricultural drainage wells pursuant to
7 10 section 159.29.
7 11 Sec. 8. NEW SECTION. 455H.5 PROHIBITION AGAINST
7 12 CONSTRUCTING EARTHEN STORAGE STRUCTURES.
7 13 A person shall not construct or expand an earthen storage
7 14 structure within an agricultural drainage well area. Each day
7 15 that a person operates an earthen storage structure which is
7 16 constructed in violation of this section constitutes a
7 17 separate violation.
7 18 Sec. 9. NEW SECTION. 455H.6 PENALTIES.
7 19 1. A person who violates sections 455H.2 or 455H.3 is
7 20 subject to a civil penalty of not more than one thousand
7 21 dollars. However, if a person is found to have violated a
7 22 section and again violates the section by not taking action
7 23 necessary to correct a previous violation within sixty days
7 24 after the person was found to have committed the previous
7 25 violation, the person is subject to a civil penalty not to
7 26 exceed five thousand dollars. If a person is convicted of
7 27 violating a section two or more times and again violates that
7 28 section by not taking action necessary to correct a previous
7 29 violation within sixty days after the person was found to have
7 30 committed the last previous violation, the person is subject
7 31 to a civil penalty not to exceed fifteen thousand dollars.
7 32 2. A person who violates section 455H.5 is subject to a
7 33 civil penalty not to exceed five thousand dollars.
7 34 Sec. 10. NEW SECTION. 455H.7 REIMBURSEMENT OF EXPENSES.
7 35 The expenses incurred by a county in carrying out this
8 1 chapter shall be prorated among the landowners in the county
8 2 who own land on which an agricultural drainage well is
8 3 located. The amount shall be placed upon the tax books, and
8 4 collected with interest and penalties after due, in the same
8 5 manner as other unpaid property taxes. If expenses are
8 6 incurred by a drainage district, the board shall levy an
8 7 assessment on the lands in the district where an agricultural
8 8 drainage well is located as provided in section 468.50.
8 9 Sec. 11. NEW SECTION. 468.189 ASSESSMENT OF COSTS WITHIN
8 10 A DRAINAGE DISTRICT.
8 11 The costs of closing an agricultural drainage well and
8 12 constructing an alternative drainage system within a drainage
8 13 district shall be assessed as a special assessment by the
8 14 board of the drainage district as provided in chapter 468.
8 15 Sec. 12. DEPARTMENTAL RULES. The department of
8 16 agriculture and land stewardship and the department of natural
8 17 resources shall adopt all rules required to carry out this Act
8 18 by December 31, 1997.
8 19 Sec. 13. EFFECTIVE DATE. This Act, being deemed of
8 20 immediate importance, takes effect upon enactment.
8 21 EXPLANATION
8 22 This bill relates to agricultural drainage wells and
8 23 agricultural drainage well areas which drain into the
8 24 agricultural drainage wells. The bill provides for preventing
8 25 surface water from draining into agricultural drainage wells
8 26 and for closing certain wells where an earthen structure is
8 27 used to store waste. The bill creates a program to assist
8 28 persons in establishing alternative drainage systems based on
8 29 a cost-share approach. The bill prohibits the construction of
8 30 earthen storage structures within agricultural drainage well
8 31 areas and the operation of those structures. The bill
8 32 authorizes counties and drainage districts required to perform
8 33 inspections to levy taxes in order to pay for related costs.
8 34 It also provides for civil penalties for violations of the
8 35 bill's provisions.
9 1 This bill may create a state mandate as provided in chapter
9 2 25B.
9 3 LSB 2302XC 77
9 4 da/jw/5.3
Text: SSB00240 Text: SSB00242 Text: SSB00200 - SSB00299 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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