Text: HF02284 Text: HF02286 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 455B.171, Code 1999, is amended by 1 2 adding the following new subsections: 1 3 NEW SUBSECTION. 14A. "Highly permeable soils" means any 1 4 subsurface materials with a hydraulic conductivity rate 1 5 greater than thirty centimeters per day, which may include 1 6 fractured bedrock, gravel, or sand. 1 7 NEW SUBSECTION. 14B. "High-risk area" means any of the 1 8 following: 1 9 a. An agricultural drainage well area as defined in 1 10 section 455I.1. 1 11 b. A stream valley or a floodplain as designated by the 1 12 department. 1 13 c. An area where the typical depth of the groundwater 1 14 table is less than fifteen feet below the surface of the 1 15 ground. 1 16 d. An area composed predominately of highly permeable 1 17 soils. 1 18 Sec. 2. Section 455B.177, Code 1999, is amended by adding 1 19 the following new subsection: 1 20 NEW SUBSECTION. 3. The general assembly further finds and 1 21 declares that it is in the interest of the people of Iowa to 1 22 both promote the prosperity of agriculture in the state, 1 23 including livestock operations, and to preserve and protect 1 24 sources of safe pollution-free water supplies used and enjoyed 1 25 by this state's residents. It is the intent of the general 1 26 assembly to require that persons owning or managing and 1 27 profiting from livestock operations bear the burden of 1 28 installing and maintaining equipment required by this chapter 1 29 to monitor potential pollution originating from livestock 1 30 operations. 1 31 Sec. 3. Section 455B.200A, subsection 4, Code 1999, is 1 32 amended to read as follows: 1 33 4. The department shall not issue a permit for the 1 34 construction of an animal feeding operation, unless the 1 35 applicant files a statement approved by a professional 2 1 engineer licensed pursuant to chapter 542B stating whether the 2 2 manure storage structure is to be constructed in a high-risk 2 3 area. The statement shall provide the distance between the 2 4 top of the floor of the manure storage structure's liner and 2 5 top of the groundwater table. Prior to issuing a permit to a 2 6 person for the construction of an animal feeding operation, 2 7 the department may require the installation and operation of a 2 8 hydrological monitoring system foran exclusively earthena 2 9 manure storage structure according to rules which shall be 2 10 adopted by the department. 2 11 Sec. 4. Section 455B.202, subsection 4, Code Supplement 2 12 1999, is amended to read as follows: 2 13 4. Thedepartment shall conduct an annual review of2 14 following shall apply to each confinement feeding operation 2 15 which is a habitual violator and each confinement feeding 2 16 operation in which a habitual violator holds a controlling 2 17 interest.: 2 18 a. The department shall conduct an annual review of the 2 19 confinement feeding operation. 2 20 b. The owner of the confinement feeding operation shall 2 21 collect, label, and submit samples of water originating from 2 22 monitoring wells installed near a manure storage structure for 2 23 analysis as required pursuant to section 455B.205 at least 2 24 once each thirty days. 2 25 Sec. 5. Section 455B.203, Code 1999, is amended by adding 2 26 the following new subsection: 2 27 NEW SUBSECTION. 3A. The owner of a confinement feeding 2 28 operation shall maintain records in support of the manure 2 29 management plan which shall include the results of analyses of 2 30 subsurface water sources originating from monitoring wells as 2 31 provided in section 455B.205. The owner shall maintain the 2 32 records in a manner and for a period as required by 2 33 departmental rule. 2 34 Sec. 6. Section 455B.204, subsection 5, Code 1999, is 2 35 amended by striking the subsection. 3 1 Sec. 7. Section 455B.205, subsection 2, paragraph d, Code 3 2 1999, is amended to read as follows: 3 3 d.The top of the floor of the structure's liner must be3 4above the groundwater table as determined by the department.3 5 If the groundwater table is less thantwofifteen feet below 3 6 the top of the liner's floor, the structure shall be installed 3 7 with a synthetic liner. If the department allows an unformed 3 8 manure storage structure to be located at a site by 3 9 permanently lowering the groundwater table, the department 3 10 shall confirm that the proposed system meets standards 3 11 necessary to ensure that the structure does not pollute 3 12 groundwater sources. If the department allows drain tile 3 13 installed to lower a groundwater table to remain wherelocated3 14 the drain tile is installed, the department shall require that 3 15 a device be installed to allow monitoring of the water in the 3 16 drain tile line. The department shall also require the 3 17 installation of a device to allow shutoff of the drain tile 3 18linesline, if the drain tilelines doline does not have a 3 19 surface outlet accessible on the property where the unformed 3 20 manure storage structure is located. 3 21 Sec. 8. Section 455B.205, Code 1999, is amended by adding 3 22 the following new subsections: 3 23 NEW SUBSECTION. 2A. A person shall not construct or 3 24 expand an unformed manure storage structure requiring a permit 3 25 pursuant to section 455B.200A, if the manure storage structure 3 26 is located within a high-risk area. The department may 3 27 require that a formed manure storage structure only be 3 28 constructed in a high-risk area if the formed manure storage 3 29 structure is constructed on the ground's surface. 3 30 NEW SUBSECTION. 2B. A manure storage structure which is 3 31 part of an animal feeding operation other than a small animal 3 32 feeding operation shall be constructed in a manner to allow 3 33 the department to monitor the seepage of manure into 3 34 subsurface water sources, as provided by rules which shall be 3 35 adopted by the department. 4 1 a. The owner of the animal feeding operation shall install 4 2 monitoring wells including any necessary devices near the 4 3 manure storage structure being constructed in order to comply 4 4 with this subsection. At least one monitoring well shall be 4 5 located as close to the center of the manure storage structure 4 6 as is possible without compromising the integrity of the 4 7 manure storage structure, including the lining's seal. The 4 8 department shall also require that monitoring wells be placed 4 9 on the manure storage structure's berm. 4 10 b. The owner of the animal feeding operation shall collect 4 11 and label samples of water originating from the monitoring 4 12 wells for submission to the department or a laboratory 4 13 certified by the department pursuant to section 455B.113, at 4 14 intervals and according to procedures prescribed by the 4 15 department. The department may inspect the records relating 4 16 to a laboratory analysis as provided in section 455B.203. 4 17 Sec. 9. Section 455B.205, subsection 3, paragraph a, Code 4 18 1999, is amended to read as follows: 4 19 a. The department shall conduct a routine inspection of 4 20 eachunformedmanure storage structure at least once each 4 21 year. A routine inspection conducted pursuant to this 4 22 subsection shall be limited toa visual inspection ofthe site 4 23 where theunformedmanure storage structure is located. The 4 24 department shall inspect the site at a reasonable time after 4 25 providing at least twenty-four hours' notice to the person 4 26 owning or managing the confinement feeding operation.The4 27visualAn inspection shall be limited to the following: 4 28 (1) Conducting a visual inspection. A visual inspection 4 29 of an unformed manure storage structure shall include, but is 4 30 notbelimited to, determining whether any of the following 4 31 exists: 4 32(1)(a) An adequate freeboard level. 4 33(2)(b) The seepage of manure from the unformed manure 4 34 storage structure. 4 35(3)(c) Erosion. 5 1(4)(d) Inadequate vegetation cover. 5 2(5)(e) The presence of an opening allowing manure to 5 3 drain from the unformed manure storage structure. 5 4 (2) Collecting and analyzing samples of subsurface water 5 5 originating from monitoring wells installed near the manure 5 6 storage structure. 5 7 EXPLANATION 5 8 This bill amends Code chapter 455B, which in part regulates 5 9 animal feeding operations, including the construction of 5 10 "manure storage structures". A manure storage structure is 5 11 commonly some variety of earthen pit or concrete receptacle 5 12 storing manure, including an "anaerobic lagoon", "aerobic 5 13 structure", or "earthen manure storage basin". 5 14 Currently, a person cannot construct or expand an unformed 5 15 manure storage structure within an agricultural drainage well 5 16 area. The bill expands the prohibition to cover manure 5 17 storage structures which are part of animal feeding 5 18 operations, requiring a construction permit, which are 5 19 constructed or expanded in other "high-risk areas". The bill 5 20 provides that a high-risk area includes agricultural drainage 5 21 well areas, stream valleys, floodplains, areas with shallow 5 22 groundwater, and areas with highly permeable soils. 5 23 The bill amends a provision that currently requires an 5 24 unformed manure storage structure to be installed with a 5 25 synthetic liner when the groundwater table is less than two 5 26 feet below the top of the structure's floor. The bill 5 27 provides that a synthetic liner is required when the 5 28 groundwater table is less than 15 feet below the structure's 5 29 floor. 5 30 This bill provides that a manure storage structure which is 5 31 part of a feeding operation other than a small animal feeding 5 32 operation shall be constructed in a manner to allow the 5 33 department to monitor the seepage of manure into subsurface 5 34 water sources. A small animal feeding operation has an animal 5 35 weight capacity of 200,000 pounds or less for animals other 6 1 than bovine, or 400,000 pounds or less for bovine. The bill 6 2 provides that the owner must install monitoring wells 6 3 including any necessary devices near the manure storage 6 4 structure being constructed. The bill requires that at least 6 5 one monitoring well be located as close to the center of the 6 6 manure storage structure as is possible without compromising 6 7 the structure's integrity. The bill requires the owner to 6 8 collect and label samples of water originating from the 6 9 monitoring wells for submission to the department or a 6 10 laboratory certified by the department at intervals and 6 11 according to procedures prescribed by the department. The 6 12 results from laboratory analyses must be maintained as records 6 13 associated with the owner's manure management plan. The owner 6 14 of the confinement feeding operation classified as a habitual 6 15 violator must collect, label, and submit samples of water 6 16 originating from monitoring wells at least once every 30 days. 6 17 The ordinary penalty applicable to a person who violates a 6 18 provision of the bill is a civil penalty of up to $5,000. 6 19 However, a habitual violator who violates the bill's 6 20 provisions is subject to a civil penalty of up to $25,000. 6 21 LSB 5070YH 78 6 22 da/as/5.2
Text: HF02284 Text: HF02286 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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