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PAG LIN 1 1 Section 1. Section 331.304A, subsection 1, paragraph a, 1 2 Code 1999, is amended to read as follows: 1 3 a. "Aerobic structure", "animal", "animal feeding 1 4 operation", "animal feeding operation structure", "industrial 1 5 swine confinement feeding operation", and "manure" mean the 1 6 same as defined in section 455B.161. 1 7 Sec. 2. Section 331.304A, subsection 2, Code 1999, is 1 8 amended to read as follows: 1 9 2. a. A county shall not adopt or enforce county 1 10 legislation regulating a condition or activity occurring on 1 11 land used for the production, care, feeding, or housing of 1 12 animals unless the regulation of the production, care, 1 13 feeding, or housing of animals is expressly authorized by 1 14 state law. 1 15 b. County legislation adopted in violation of this section 1 16 is void and unenforceable and any enforcement activity 1 17 conducted in violation of this section is void. 1 18 c. A condition or activity occurring on land used for the 1 19 production, care, feeding, or housing of animals includes but 1 20 is not limited to the construction, operation, or management 1 21 of an animal feeding operation, an animal feeding operation 1 22 structure, or aerobic structure, and to the storage, handling, 1 23 or application of manure or egg washwater. 1 24 d. This subsection does not apply to county legislation 1 25 regulating an industrial swine confinement feeding operation, 1 26 regardless of other provisions in state law, including chapter 1 27 455B or rules adopted by the department of natural resources 1 28 under chapter 455B. However, the county legislation shall not 1 29 provide regulations that are less restrictive than a statute 1 30 or rule adopted by a state agency. 1 31 Sec. 3. Section 335.2, Code 1999, is amended to read as 1 32 follows: 1 33 335.2FARMSAGRICULTURAL PURPOSES EXEMPT. 1 34 1. As used in this section, "industrial swine confinement 1 35 feeding operation" means the same as defined in section 2 1 455B.161. 2 2 2. Exceptto the extent required to implement section2 3335.27, noas provided in this section, an ordinance adopted 2 4 under this chapterappliesshall not apply to an agricultural 2 5 operation, including land,farmhouses,farmbarns,farm2 6 outbuildings, or other buildings or structures, whichareis 2 7 primarily adapted, by reason of nature and area, foruse for2 8 an agriculturalpurposespurpose, while so used. However,the2 9ordinancesan ordinance adopted under this chapter may apply 2 10 to any of the following: 2 11 a. The implementation of an agricultural land preservation 2 12 ordinance, as provided in section 335.27. 2 13 b. A structure, building, dam, obstruction, deposit, or 2 14 excavation in or on the flood plains ofanya river or stream. 2 15 c. An industrial swine confinement feeding operation. 2 16 Sec. 4. NEW SECTION. 455B.111A CITIZEN ACTIONS – 2 17 INDUSTRIAL SWINE CONFINEMENT FEEDING OPERATIONS. 2 18 1. An individual, private organization or association, 2 19 county, or city may bring an action in district court to 2 20 enforce violations committed by swine confinement feeding 2 21 operations under division II, part 2, and division III. The 2 22 moneys collected in civil penalties and interest on the 2 23 penalties arising out of the violations shall be deposited in 2 24 the manure storage indemnity fund as created in section 2 25 455J.2. A petitioner who seeks injunctive relief shall not be 2 26 required to allege facts necessary to show, or tending to 2 27 show, a lack of adequate remedy at law, or that irreparable 2 28 damage or loss will result if the action is brought at law or 2 29 that unique or special circumstances exist. 2 30 Sec. 5. Section 455B.161, subsection 4, Code 1999, is 2 31 amended to read as follows: 2 32 4. "Animal feeding operation" means a lot, yard, corral, 2 33 building, or other area in which animals are confined and fed 2 34 and maintained for forty-five days or more in any twelve-month 2 35 period, and all structures used for the storage of manure from 3 1 animals in the operation.Two or more animal feeding3 2operations under common ownership or management are deemed to3 3be a single animal feeding operation if they are adjacent or3 4utilize a common system for manure storage.An animal feeding 3 5 operation does not include a livestock market. 3 6 Sec. 6. Section 455B.161, Code 1999, is amended by adding 3 7 the following new subsections: 3 8 NEW SUBSECTION. 6A. "Authorized industrial swine 3 9 confinement feeding operation structure" means an industrial 3 10 confinement animal feeding operation structure other than an 3 11 uncovered anaerobic lagoon, uncovered earthen manure storage 3 12 basin, or an uncovered formed manure storage structure. 3 13 NEW SUBSECTION. 16A. "Industrial swine confinement 3 14 feeding operation" means a confinement feeding operation used 3 15 to keep swine, if the animal weight capacity of the 3 16 confinement feeding operation is more than eight hundred 3 17 thousand pounds. 3 18 NEW SUBSECTION. 16B. "Industrial swine confinement 3 19 feeding operation structure" means an animal feeding operation 3 20 structure that is part of an industrial swine confinement 3 21 feeding operation. 3 22 Sec. 7. Section 455B.161A, Code 1999, is amended by adding 3 23 the following new subsection: 3 24 NEW SUBSECTION. 3. Two or more industrial swine 3 25 confinement feeding operations under common ownership or 3 26 management are deemed to be a single industrial swine 3 27 confinement feeding operation if any of the following applies: 3 28 a. They are adjacent. 3 29 b. They utilize a common area or system for manure 3 30 storage. 3 31 c. They are integrated. 3 32 d. They are located or discharge water within the same 3 33 watershed or watersheds that are hydrologically connected. 3 34 e. They are located or discharge water onto land overlying 3 35 the same groundwater aquifer. 4 1 Sec. 8. Section 455B.162, subsection 2, unnumbered 4 2 paragraph 1, Code 1999, is amended to read as follows: 4 3 Except as provided insubsectionsubsections 3B and 6, and 4 4 sections 455B.163 and 455B.165, this subsection applies to 4 5 animal feeding operation structures constructed on or after 4 6 January 1, 1999, but prior to the effective date of this Act, 4 7 and to the expansion of structures constructed on or after 4 8 January 1, 1999, but prior to the effective date of this Act. 4 9 The following table represents the minimum separation distance 4 10 in feet required between an animal feeding operation structure 4 11 and a residence not owned by the owner of the animal feeding 4 12 operation, or a commercial enterprise, bona fide religious 4 13 institution, or an educational institution: 4 14 Sec. 9. Section 455B.162, subsection 3, unnumbered 4 15 paragraph 1, Code 1999, is amended to read as follows: 4 16 Except as provided insubsectionsubsections 3B and 6, and 4 17 sections 455B.163 and 455B.165, this subsection applies to 4 18 animal feeding operation structures constructed on or after 4 19 May 31, 1995, but prior to the effective date of this Act; to 4 20 the expansion of structures constructed on or after May 31, 4 21 1995, but prior to the effective date of this Act; and to the 4 22 expansion of structures constructed prior to May 31, 1995. 4 23 The following table represents the minimum separation distance 4 24 in feet required between animal feeding operation structures 4 25 and a public use area or a residence not owned by the owner of 4 26 the animal feeding operation, a commercial enterprise, a bona 4 27 fide religious institution, or an educational institution 4 28 located within the corporate limits of a city: 4 29 Sec. 10. Section 455B.162, Code 1999, is amended by adding 4 30 the following new subsections: 4 31 NEW SUBSECTION. 3A. Except as provided in paragraph "c", 4 32 subsection 3B, and sections 455B.163 and 455B.165, this 4 33 subsection applies to animal feeding operation structures 4 34 constructed or expanded on or after the effective date of this 4 35 Act: 5 1 a. The following table represents the minimum separation 5 2 distance in feet required between an animal feeding operation 5 3 structure, other than an industrial swine confinement feeding 5 4 operation structure, and a residence not owned by the owner of 5 5 the animal feeding operation, or a commercial enterprise, bona 5 6 fide religious institution, or an educational institution: 5 7 Minimum 5 8 separation 5 9 distance in 5 10 feet for 5 11 operations 5 12 Minimum having an 5 13 separation animal Minimum 5 14 distance in weight separation 5 15 feet for capacity of distance in 5 16 operations 625,000 or feet for 5 17 having an more pounds operations 5 18 animal but less than having an 5 19 weight 1,250,000 animal 5 20 capacity of pounds for weight 5 21 less than animals other capacity of 5 22 625,000 than bovine, 1,250,000 or 5 23 pounds for or 1,600,000 more pounds 5 24 animals other or more for animals 5 25 than bovine, pounds but other than 5 26 or less than less than bovine, or 5 27 1,600,000 4,000,000 4,000,000 or 5 28 pounds for pounds for more pounds 5 29 Type of structure bovine bovine for bovine 5 30 Anaerobic lagoon 1,250 1,875 2,500 5 31 Uncovered earthen 5 32 manure storage 5 33 basin 1,250 1,875 2,500 5 34 Uncovered formed 5 35 manure storage 6 1 structure 1,250 1,500 2,000 6 2 Covered earthen 6 3 manure storage 6 4 basin 1,000 1,000 1,500 6 5 Covered formed 6 6 manure storage 6 7 structure 1,000 1,250 1,875 6 8 Confinement 6 9 building 1,000 1,250 1,875 6 10 Egg washwater 6 11 storage structure 750 1,000 1,500 6 12 b. The following table represents the minimum separation 6 13 distance in feet required between an animal feeding operation 6 14 structure, other than an industrial swine confinement feeding 6 15 operation structure, and a public use area or a residence not 6 16 owned by the owner of the animal feeding operation, a 6 17 commercial enterprise, a bona fide religious institution, or 6 18 an educational institution located within the corporate limits 6 19 of a city: 6 20 Minimum 6 21 separation 6 22 distance in 6 23 feet for 6 24 operations 6 25 Minimum having an 6 26 separation animal Minimum 6 27 distance in weight separation 6 28 feet for capacity of distance in 6 29 operations 625,000 or feet for 6 30 having an more pounds operations 6 31 animal but less than having an 6 32 weight 1,250,000 animal 6 33 capacity of pounds for weight 6 34 less than animals other capacity of 6 35 625,000 than bovine, 1,250,000 or 7 1 pounds for or 1,600,000 more pounds 7 2 animals other or more for animals 7 3 than bovine, pounds but other than 7 4 or less than less than bovine, or 7 5 1,600,000 4,000,000 4,000,000 or 7 6 pounds for pounds for more pounds 7 7 Type of structure bovine bovine for bovine 7 8 Animal feeding 7 9 operation 7 10 structure other 7 11 than an industrial 7 12 swine confinement 7 13 feeding operation 7 14 structure 1,250 1,875 2,500 7 15 c. An industrial swine confinement feeding operation 7 16 structure shall not be constructed or expanded closer than one 7 17 mile from a residence not owned by the owner of the industrial 7 18 swine confinement feeding operation structure, or a commercial 7 19 enterprise, bona fide religious institution, educational 7 20 institution, a public use area, or the corporate limits of a 7 21 city. 7 22 NEW SUBSECTION. 3B. An animal feeding operation structure 7 23 constructed prior to the effective date of this Act may be 7 24 expanded only if it is an authorized animal feeding operation 7 25 structure as provided in section 455B.163. 7 26 Sec. 11. Section 455B.163, unnumbered paragraph 1, Code 7 27 1999, is amended to read as follows: 7 28 An animal feeding operation constructed or expanded prior 7 29 to the date that a distance requirement became effective under 7 30 section 455B.162 and which does not comply with the section's 7 31 distance requirement may continue to operate regardless of the 7 32 distance requirement.TheAn animal feeding operation 7 33 structure shall not be expanded unless it complies with this 7 34 section. An industrial swine confinement feeding operation 7 35 may only be expanded by the construction or expansion of an 8 1 authorized industrial swine confinement feeding operation 8 2 structure. In addition, the animal feeding operation may be 8 3 expanded only if any of the following applies: 8 4 Sec. 12. NEW SECTION. 455B.166 CLEAN AIR STANDARDS. 8 5 1. As used in this section, "gases" includes compounds 8 6 which produce odor or may have a deleterious effect upon human 8 7 health, including but not limited to hydrogen sulfide, 8 8 ammonia, methane, and any class of mercaptan. 8 9 2. The department shall develop comprehensive plans and 8 10 programs for the abatement, control, and prevention of dust 8 11 and gases originating from industrial swine confinement 8 12 feeding operations or the application of manure originating 8 13 from industrial swine confinement feeding operations. The 8 14 department may establish schedules for compliance. 8 15 3. a. An industrial swine confinement feeding operation 8 16 shall only use an authorized industrial swine confinement 8 17 feeding operation structure which is one of the following: 8 18 (1) An aerobic structure. 8 19 (2) A confinement feeding operation structure which is 8 20 covered. 8 21 b. The authorized industrial swine confinement feeding 8 22 operation structure shall capture, recover, incinerate, or 8 23 otherwise manage gases to the greatest extent practicable in 8 24 accordance with standards adopted by the department. The 8 25 standards shall exceed standards for covering other types of 8 26 animal feeding operation structures. 8 27 c. A person shall not construct or expand an industrial 8 28 swine confinement feeding operation structure unless it is an 8 29 authorized industrial swine confinement feeding operation 8 30 structure complying with the requirements of this section. A 8 31 person owning an industrial swine confinement feeding 8 32 operation structure shall cover the structure as required by 8 33 this section not later than July 1, 2000. 8 34 Sec. 13. Section 455B.171, subsection 4, Code 1999, is 8 35 amended to read as follows: 9 1 4. "Animal feeding operation" means a lot, yard, corral, 9 2 building, or other area in which animals are confined and fed 9 3 and maintained for forty-five days or more in any twelve-month 9 4 period, and all structures used for the storage of manure from 9 5 animals in the animal feeding operation.Two or more animal9 6feeding operations under common ownership or management are9 7deemed to be a single animal feeding operation if they are9 8adjacent or utilize a common area or system for manure9 9disposal.An animal feeding operation does not include a 9 10 livestock market as defined in section 455B.161. 9 11 Sec. 14. Section 455B.171, Code 1999, is amended by adding 9 12 the following new subsections: 9 13 NEW SUBSECTION. 2A. "Agronomic rate of application" means 9 14 the rate of application of nutrient to plants that is 9 15 necessary to satisfy the plants' nutritional requirements 9 16 while strictly minimizing the amount of nutrients that run off 9 17 to surface waters or which pass below the root zone of the 9 18 plants. 9 19 NEW SUBSECTION. 6A. "Authorized industrial swine 9 20 confinement feeding operation structure" means an industrial 9 21 confinement animal feeding operation structure other than an 9 22 uncovered anaerobic lagoon, uncovered earthen manure storage 9 23 basin, or an uncovered formed manure storage structure. 9 24 NEW SUBSECTION. 14A. "Industrial swine confinement 9 25 feeding operation" means a confinement feeding operation used 9 26 to keep swine, if the animal weight capacity of the 9 27 confinement feeding operation is more than eight hundred 9 28 thousand pounds. 9 29 NEW SUBSECTION. 14B. "Industrial swine confinement 9 30 feeding operation structure" means an animal feeding operation 9 31 structure that is part of an industrial swine confinement 9 32 feeding operation. 9 33 Sec. 15. Section 455B.200A, subsection 1, Code 1999, is 9 34 amended to read as follows: 9 35 1. The department shall issue permits for the 10 1 construction, including the expansion, of animal feeding 10 2 operation structures, including structures which are part of 10 3 confinement feeding operations, as provided by rules adopted 10 4 pursuant to section 455B.200. The department shall not issue 10 5 a permit for the construction of an industrial swine 10 6 confinement feeding operation structure unless it is an 10 7 authorized industrial swine confinement feeding operation 10 8 structure. The department shall issue a permit to an animal 10 9 feeding operation if an application is submitted according to 10 10 procedures required by the department and the application 10 11 meets standards established by the department, regardless of 10 12 whether the animal feeding operation is required to obtain 10 13 such a permit. The department shall not require that a person 10 14 obtain a permit for the construction of an animal feeding 10 15 operation structure if the structure is part of a small animal 10 16 feeding operation. For purposes of this section, an animal 10 17 feeding operation structure includes a manure storage 10 18 structure. 10 19 Sec. 16. Section 455B.200B, Code 1999, is amended by 10 20 adding the following new subsection: 10 21 NEW SUBSECTION. 3. Two or more industrial swine 10 22 confinement feeding operations under common ownership or 10 23 management are deemed to be a single industrial swine 10 24 confinement feeding operation if any of the following applies: 10 25 a. They are adjacent. 10 26 b. They utilize a common area or system for manure 10 27 storage. 10 28 c. They are integrated. 10 29 d. They are located or discharge water within the same 10 30 watershed or watersheds that are hydrologically connected. 10 31 e. They are located or discharge water onto land overlying 10 32 the same aquifer. 10 33 Sec. 17. Section 455B.203, subsection 3, Code 1999, is 10 34 amended by adding the following new paragraph: 10 35 NEW PARAGRAPH. h. For manure originating from an 11 1 industrial swine confinement feeding operation, a description 11 2 of best available manure management practices employed by the 11 3 person as provided in section 455B.201. The manure management 11 4 plan shall provide for remediation of soil and water 11 5 contamination caused by any release or application of manure 11 6 in violation of this division. 11 7 Sec. 18. Section 455B.203, subsection 3, paragraph a, Code 11 8 1999, is amended to read as follows: 11 9 a. Calculations necessary to determine the land area 11 10 required for the application of manure from a confinement 11 11 feeding operation based on nitrogen use levels in order to 11 12 obtain optimum crop yields according to a crop schedule 11 13 specified in the plan, and. A person required to submit a 11 14 manure management plan for manure originating from an 11 15 industrial swine confinement feeding operation shall include 11 16 calculations necessary to determine the land area required for 11 17 the application based on an agronomic rate of application. 11 18 The calculations shall be computed according to requirements 11 19 adopted by the department after receiving recommendations from 11 20 the animal agriculture consulting organization provided for in 11 21 1995 Iowa Acts, chapter 195, section 37. 11 22 Sec. 19. Section 455B.203, Code 1999, is amended by adding 11 23 the following new subsections: 11 24 NEW SUBSECTION. 3A. A person required to submit a manure 11 25 management plan for manure originating from an industrial 11 26 swine confinement feeding operation shall submit a report to 11 27 the department and the local health department every three 11 28 months as required by the department. The quarterly statement 11 29 shall include comprehensive monitoring reports and agronomic 11 30 analyses that demonstrate that manure is stored or applied in 11 31 accordance with requirements of this division. The person 11 32 shall sample and monitor the soil and surface or subsurface 11 33 water to ensure that nitrogen, phosphorus, heavy metals, and 11 34 salts occur within parameters established by the department 11 35 necessary to ensure the preservation of the natural 12 1 environment and the health and safety of affected persons. 12 2 NEW SUBSECTION. 3B. A person required to submit a manure 12 3 management plan for an industrial swine confinement feeding 12 4 operation shall submit a fee established by the department. 12 5 The fee shall be paid to and collected by the department, 12 6 prior to approving a manure management plan. The amount of 12 7 the fee shall be twenty cents per animal unit of capacity of 12 8 the industrial swine confinement feeding operation. 12 9 NEW SUBSECTION. 4. All of the following shall apply to 12 10 manure originating from an industrial swine confinement 12 11 feeding operation: 12 12 a. A person required to submit a manure management plan 12 13 pursuant to section 455B.201 shall use the best available 12 14 manure management practices as established by rule adopted by 12 15 the department. 12 16 b. A person required to submit a manure management plan 12 17 pursuant to section 455B.201 shall immediately report any 12 18 unauthorized discharge of manure to the department according 12 19 to rules adopted by the department. The industrial swine 12 20 confinement feeding operation shall provide a written report 12 21 to the local health department within twenty-four hours from 12 22 the time of the unauthorized release, unless otherwise 12 23 provided by the local health department. 12 24 EXPLANATION 12 25 This bill amends provisions regulating confinement feeding 12 26 operations. Specifically, this bill regulates industrial 12 27 swine confinement feeding operations which are confinement 12 28 feeding operations used to keep swine having an animal weight 12 29 capacity of more than 800,000 pounds. 12 30 The bill amends Code section 331.304A, which prohibits a 12 31 county from adopting or enforcing county legislation 12 32 regulating a condition or activity occurring on land used for 12 33 the production, care, feeding, or housing of animals unless 12 34 the regulation of the production, care, feeding, or housing of 12 35 animals is expressly authorized by state law. The bill 13 1 provides that this prohibition does not apply to county 13 2 legislation regulating an industrial swine confinement feeding 13 3 operation. The bill provides that county legislation cannot 13 4 provide regulations that are less restrictive than a statute 13 5 or rule adopted by a state agency. 13 6 This bill amends Code section 335.2, which currently 13 7 provides that land and structures relating to an agricultural 13 8 operation are exempt from county zoning requirements. The 13 9 bill provides that the exemption does not apply to industrial 13 10 swine confinement feeding operations. 13 11 The bill provides that an individual, private organization 13 12 or association, county, or city may bring an action in 13 13 district court to enforce violations committed by industrial 13 14 swine confinement feeding operations under Code chapter 455B, 13 15 including by seeking civil penalties and injunctive relief. 13 16 The bill prohibits an industrial swine confinement feeding 13 17 operation from storing manure in a structure, unless the 13 18 structure is covered. The bill increases to one mile the 13 19 separation distance requirements for structures associated 13 20 with industrial swine confinement feeding operation 13 21 structures. 13 22 The bill provides for considering when two or more 13 23 industrial swine confinement feeding operations under common 13 24 ownership or management are deemed to be a single industrial 13 25 swine confinement feeding operation. 13 26 The bill requires the department of natural resources to 13 27 develop comprehensive plans and programs for the abatement, 13 28 control, and prevention of dust and gases originating from 13 29 industrial swine confinement feeding operations or the 13 30 application of manure originating from industrial swine 13 31 confinement feeding operations. 13 32 The bill requires a person submitting a manure management 13 33 plan to use the best available manure management practices as 13 34 established by rule adopted by the department of natural 13 35 resources. The bill requires that the person immediately 14 1 report any unauthorized discharge of manure to the department 14 2 according to rules adopted by the department. The bill 14 3 requires the person to provide a written report to the local 14 4 health department within 24 hours from the time of the 14 5 unauthorized discharge. 14 6 This bill provides that a manure management plan submitted 14 7 by an industrial swine confinement feeding operation must 14 8 include a description of the best available manure management 14 9 practices employed. The bill provides that such a manure 14 10 management plan must provide for remediation of soil and water 14 11 contamination caused by any release or application of manure 14 12 in violation of the bill. 14 13 The bill requires that a person submitting a manure 14 14 management plan for manure originating from an industrial 14 15 swine confinement feeding operation must submit a report to 14 16 the department and the local health department every three 14 17 months as required by the department. The bill provides that 14 18 the quarterly statement must include comprehensive monitoring 14 19 reports and agronomic analyses that demonstrate that manure is 14 20 stored or applied in accordance with requirements of this 14 21 division. The bill provides that a person required to submit 14 22 manure management plans for an industrial swine confinement 14 23 feeding operation must submit a fee established by the 14 24 department, based on the animal unit of capacity of the 14 25 industrial confinement feeding operation. 14 26 Generally, under Code section 455B.109, a person who 14 27 violates a provision in Code chapter 455B is subject to a 14 28 civil penalty of up to $10,000. Code section 455B.191 14 29 provides that a person who violates water quality standards 14 30 for animal feeding operations can be fined $5,000. 14 31 LSB 1764YH 78 14 32 da/sc/14
Text: HF00611 Text: HF00613 Text: HF00600 - HF00699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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