Text: H08612 Text: H08614 Text: H08600 - H08699 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend House File 2468 as follows: 1 2 #1. By striking everything after the enacting 1 3 clause and inserting the following: 1 4 "DIVISION I 1 5 REGULATION OF ANIMAL FEEDING OPERATIONS 1 6 Section 1. Section 4.1, Code 2001, is amended by 1 7 adding the following new subsection: 1 8 NEW SUBSECTION. 9A. "Internet" means the 1 9 federated international system that is composed of 1 10 allied electronic communication networks linked by 1 11 telecommunication channels, that uses standardized 1 12 protocols, and that facilitates electronic 1 13 communication services, including but not limited to 1 14 use of the world wide web; the transmission of 1 15 electronic mail or messages; the transfer of files and 1 16 data or other electronic information; and the 1 17 transmission of voice, image, and video. 1 18 Sec. 2. Section 455B.109, subsection 4, Code 2001, 1 19 is amended to read as follows: 1 20 4. All civil penalties assessed by the department 1 21 and interest on the penalties shall be deposited in 1 22 the general fund of the state. However, civil 1 23 penalties assessed by the department and interest on 1 24 the civil penalties, arising out of violations 1 25committed byinvolving animal feeding operations under 1 26 division II, part 2, shall be deposited in themanure1 27storage indemnityanimal agriculture compliance fund 1 28 as created in section455J.2455B.127. Civil 1 29 penalties assessed by the department and interest on 1 30 the penalties arising out of violations committed by 1 31 animal feeding operations under division III, which 1 32 may be assessed pursuant to section 455B.191, shall 1 33 also be deposited in themanure storage indemnity1 34 animal agriculture compliance fundas created in1 35section 455J.2. 1 36 Sec. 3. Section 455B.110, subsection 3, Code 2001, 1 37 is amended by striking the subsection. 1 38 PART 2 1 39 ANIMAL FEEDING OPERATIONS 1 40 Sec. 4. NEW SECTION. 455B.125 COUNTY ASSESSMENT 1 41 OF FEES PROHIBITED. 1 42 A county shall not assess or collect a fee under 1 43 this chapter for the regulation of animal agriculture, 1 44 including but not limited to any fee related to the 1 45 filing, consideration, or evaluation of an application 1 46 for a construction permit pursuant to section 1 47 455B.200A or the filing of a manure management plan 1 48 pursuant to section 455B.203. 1 49 Sec. 5. NEW SECTION. 455B.126 ANIMAL AGRICULTURE 1 50 COMPLIANCE FEES DELINQUENCIES. 2 1 If a fee imposed under this chapter for deposit 2 2 into the animal agriculture compliance fund is 2 3 delinquent, the department may charge interest on any 2 4 amount of the fee that is delinquent. The rate of 2 5 interest shall not be more than the current rate 2 6 published in the Iowa administrative bulletin by the 2 7 department of revenue and finance pursuant to section 2 8 421.7. The interest amount shall be computed from the 2 9 date that the fee is delinquent, unless the department 2 10 designates a later date. The interest amount shall 2 11 accrue for each month in which a delinquency is 2 12 calculated as provided in section 421.7, and counting 2 13 each fraction of a month as an entire month. The 2 14 interest amount shall become part of the amount of the 2 15 fee due. 2 16 Sec. 6. NEW SECTION. 455B.127 ANIMAL AGRICULTURE 2 17 COMPLIANCE FUND. 2 18 1. An animal agriculture compliance fund is 2 19 created in the state treasury under the control of the 2 20 department. The compliance fund is separate from the 2 21 general fund of the state. 2 22 2. The compliance fund is composed of two 2 23 accounts, the general account and the assessment 2 24 account. 2 25 a. The general account is composed of moneys 2 26 appropriated by the general assembly and moneys 2 27 available to and obtained or accepted by the 2 28 department from the United States government or 2 29 private sources for placement in the compliance fund. 2 30 Unless otherwise specifically provided in statute, 2 31 moneys required to be deposited in the compliance fund 2 32 shall be deposited into the general account. The 2 33 general account shall include moneys deposited into 2 34 the account from all of the following: 2 35 (1) The construction permit application fee 2 36 required pursuant to section 455B.200A. 2 37 (2) The manure management plan filing fee required 2 38 pursuant to section 455B.203. 2 39 (3) Fees paid by persons required to be certified 2 40 as commercial manure applicators or confinement site 2 41 manure applicators pursuant to section 455B.203A. 2 42 (4) The collection of civil penalties assessed by 2 43 the department and interest on civil penalties, 2 44 arising out of violations involving animal feeding 2 45 operations as provided in sections 455B.167 and 2 46 455B.207. 2 47 b. The assessment account is composed of moneys 2 48 collected from the annual compliance fee required 2 49 pursuant to section 455B.203C. 2 50 3. Moneys in the compliance fund are appropriated 3 1 to the department exclusively to pay the expenses of 3 2 the department in administering and enforcing the 3 3 provisions of division II, part 2, and division III, 3 4 part 1, subpart A, as necessary to ensure that animal 3 5 feeding operations comply with all applicable 3 6 requirements of those provisions, including rules 3 7 adopted or orders issued by the department pursuant to 3 8 those provisions. The moneys shall not be 3 9 transferred, used, obligated, appropriated, or 3 10 otherwise encumbered except as provided in this 3 11 subsection. The department shall not transfer moneys 3 12 from the compliance fund's assessment account to 3 13 another fund or account, including but not limited to 3 14 the fund's general account. 3 15 4. Moneys in the fund, which may be subject to 3 16 warrants written by the director of revenue and 3 17 finance, shall be drawn upon the written requisition 3 18 of the director of the department of natural resources 3 19 or an authorized representative of the director. 3 20 5. Notwithstanding section 8.33, any unexpended 3 21 balance in the compliance fund at the end of the 3 22 fiscal year shall be retained in the fund. 3 23 Notwithstanding section 12C.7, subsection 2, interest, 3 24 earnings on investments, or time deposits of the 3 25 moneys in the compliance fund shall be credited to the 3 26 fund. 3 27 Sec. 7. Section 455B.161, subsections 2, 3, 4, 5, 3 28 9, 11, 16, 21, and 24, Code 2001, are amended to read 3 29 as follows: 3 30 2. "Anaerobic lagoon" means animpoundment used in3 31conjunction with an animal feeding operationunformed 3 32 manure storage structure, if the primary function of 3 33 theimpoundmentstructure is to store and stabilize 3 34organic wastesmanure, theimpoundmentstructure is 3 35 designed to receivewastesmanure on a regular basis, 3 36 and theimpoundment'sstructure's design waste loading 3 37 rates provide that the predominant biological activity 3 38 is anaerobic. An anaerobic lagoon does not include 3 39 any of the following: 3 40 a.A confinement feeding operation structure.3 41b.A runoff control basin which collects and 3 42 stores only precipitation-induced runoff from an 3 43 animal feeding operation in which animals are confined 3 44 to areas which are unroofed or partially roofed and in 3 45 which no crop, vegetation, or forage growth or residue 3 46 cover is maintained during the period in which animals 3 47 are confined in the operation. 3 48c.b. An anaerobic treatment systemwhichthat 3 49 includes collection and treatment facilities for all 3 50 off gases. 4 1 3. "Animal" means adomesticated animal belonging4 2to the bovine, porcine, ovine, caprine, equine, or4 3avianspecies classified as cattle, swine, horses, 4 4 sheep, chickens or turkeys. 4 5 4. "Animal feeding operation" means a lot, yard, 4 6 corral, building, or other area in which animals are 4 7 confined and fed and maintained for forty-five days or 4 8 more in any twelve-month period, and all structures 4 9 used for the storage of manure from animals in the 4 10 operation.Two or more animal feeding operations4 11under common ownership or management are deemed to be4 12a single animal feeding operation if they are adjacent4 13or utilize a common system for manure storage.An 4 14 animal feeding operation does not include a livestock 4 15 market. 4 16 5. "Animal feeding operation structure" meansan4 17anaerobic lagoon or confinement feeding operation4 18structurea confinement building, manure storage 4 19 structure, or egg washwater storage structure. 4 20 9. "Confinement feeding operation building" or 4 21 "confinement building" means a building used in 4 22 conjunction with a confinement feeding operation to 4 23 house animals. 4 24 11. "Confinement feeding operation structure" 4 25 meansa formed manure storagean animal feeding 4 26 operation structure, egg washwater storage structure,4 27earthen manure storage basin, or confinement building.4 28A confinement feeding operation structure does not4 29include an anaerobic lagoonthat is part of a 4 30 confinement feeding operation. 4 31 16. "Formed manure storage structure" means a 4 32structure, eithercovered or uncovered,impoundment 4 33 used to store manure froma confinementan animal 4 34 feeding operation, which has walls and a floor 4 35 constructed of concrete, concrete block, wood, steel, 4 36 or similar materials. 4 37 21. "Small animal feeding operation" means an 4 38 animal feeding operation which has ananimal weight4 39 animal unit capacity oftwo hundred thousand pounds or4 40less for animals other than bovine, or four hundred4 41thousand poundsfive hundred orless for bovinefewer 4 42 animal units. 4 43 24. "Unformed manure storage structure" means a 4 44 covered or uncoveredanimal feeding operation4 45structure in whichimpoundment used to store manureis4 46stored, other than a formed manure storage structure, 4 47 whichisincludes an anaerobic lagoon, aerobic 4 48 structure, or earthen manure storage basin. 4 49 Sec. 8. Section 455B.161, Code 2001, is amended by 4 50 adding the following new subsections: 5 1 NEW SUBSECTION. 6A. "Animal unit" means a unit of 5 2 measurement based upon the product of multiplying the 5 3 number of animals of each category by a special 5 4 equivalency factor as follows: 5 5 a. Slaughter or feeder cattle ...................... 1.000 5 6 b. Immature dairy cattle ........................... 1.000 5 7 c. Mature dairy cattle ............................. 1.400 5 8 d. Butcher or breeding swine weighing 5 9 more than fifty-five pounds ............................ 0.400 5 10 e. Swine weighing fifteen pounds or more 5 11 but not more than fifty-five pounds .................... 0.100 5 12 f. Sheep or lambs .................................. 0.100 5 13 g. Horses .......................................... 2.000 5 14 h. Turkeys ..........................................0.018 5 15 i. Broiler or layer chickens ........................0.010 5 16 NEW SUBSECTION. 6B. "Animal unit capacity" means 5 17 a measurement used to determine the maximum number of 5 18 animal units that may be maintained as part of an 5 19 animal feeding operation at any one time, including as 5 20 provided in sections 455B.161A and 455B.200B. 5 21 NEW SUBSECTION. 8A. "Commission" means the 5 22 environmental protection commission created pursuant 5 23 to section 455A.6. 5 24 NEW SUBSECTION. 18A. "Manure storage structure" 5 25 means a formed manure storage structure or an unformed 5 26 manure storage structure. A manure storage structure 5 27 does not include an egg washwater storage structure. 5 28 NEW SUBSECTION. 18B. "Public thoroughfare" means 5 29 a road, street, or bridge that is constructed or 5 30 maintained by the state or a political subdivision. 5 31 NEW SUBSECTION. 19A. "Qualified confinement 5 32 feeding operation" means a confinement feeding 5 33 operation having an animal unit capacity of any of the 5 34 following: 5 35 a. For a confinement feeding operation maintaining 5 36 animals other than swine as part of a farrowing and 5 37 gestating operation or farrow-to-finish operation or 5 38 cattle as part of a cattle operation, five thousand or 5 39 more animal units. 5 40 b. For a confinement feeding operation maintaining 5 41 swine as part of a farrowing and gestating operation, 5 42 two thousand five hundred or more animal units. 5 43 c. For a confinement feeding operation maintaining 5 44 swine as part of a swine farrow-to-finish operation, 5 45 five thousand four hundred or more animal units. 5 46 d. For a confinement feeding operation maintaining 5 47 cattle, eight thousand five hundred or more animal 5 48 units. 5 49 Sec. 9. Section 455B.161A, subsection 1, Code 5 50 2001, is amended by striking the subsection and 6 1 inserting in lieu thereof the following: 6 2 1. Two or more animal feeding operations under 6 3 common ownership or management are deemed to be a 6 4 single animal feeding operation if they are adjacent 6 5 or utilize a common system for manure storage. For 6 6 purposes of determining whether two or more 6 7 confinement feeding operations are adjacent, all of 6 8 the following must apply: 6 9 a. At least one confinement feeding operation 6 10 structure must be constructed on or after March 21, 6 11 1996. 6 12 b. A confinement feeding operation structure which 6 13 is part of one confinement feeding operation is 6 14 separated by less than a minimum required distance 6 15 from a confinement feeding operation structure which 6 16 is part of the other confinement feeding operation. 6 17 The minimum required distance shall be as follows: 6 18 (1) (a) One thousand two hundred fifty feet for a 6 19 confinement feeding operation having an animal unit 6 20 capacity of less than three thousand animal units for 6 21 animals other than swine maintained as part of a swine 6 22 farrowing and gestating operation or farrow-to-finish 6 23 operation, or cattle maintained as part of a cattle 6 24 operation. 6 25 (b) One thousand two hundred fifty feet for a 6 26 confinement feeding operation having an animal unit 6 27 capacity of less than one thousand two hundred fifty 6 28 animal units for swine maintained as part of a 6 29 farrowing and gestating operation, less than two 6 30 thousand seven hundred animal units for swine 6 31 maintained as part of a farrow-to-finish operation, or 6 32 less than four thousand animal units for cattle 6 33 maintained as part of a cattle operation. 6 34 (2) (a) One thousand five hundred feet for a 6 35 confinement feeding operation having an animal unit 6 36 capacity of three thousand or more but less than five 6 37 thousand animal units for animals other than swine 6 38 maintained as part of a swine farrowing and gestating 6 39 operation or farrow-to-finish operation, or cattle 6 40 maintained as part of a cattle operation. 6 41 (b) One thousand five hundred feet for a 6 42 confinement feeding operation having an animal unit 6 43 capacity of one thousand two hundred fifty or more but 6 44 less than two thousand animal units for swine 6 45 maintained as part of a swine farrowing and gestating 6 46 operation, two thousand seven hundred or more but less 6 47 than five thousand four hundred animal units for swine 6 48 maintained as part of a farrow-to-finish operation, or 6 49 four thousand or more but less than six thousand five 6 50 hundred animal units for cattle maintained as part of 7 1 a cattle operation. 7 2 (3) (a) Two thousand five hundred feet for a 7 3 confinement feeding operation having an animal unit 7 4 capacity of five thousand or more animal units for 7 5 animals other than swine maintained as part of a swine 7 6 farrowing and gestating operation or farrow-to-finish 7 7 operation, or cattle maintained as part of a cattle 7 8 operation. 7 9 (b) Two thousand five hundred feet for a 7 10 confinement feeding operation having an animal unit 7 11 capacity of two thousand or more animal units for 7 12 swine maintained as part of a swine farrowing and 7 13 gestating operation, five thousand four hundred animal 7 14 units or more for swine maintained as part of a 7 15 farrow-to-finish operation, or six thousand five 7 16 hundred or more animal units for cattle maintained as 7 17 part of a cattle operation. 7 18 Sec. 10. Section 455B.161A, Code 2001, is amended 7 19 by adding the following new subsections: 7 20 NEW SUBSECTION. 3. In calculating the animal unit 7 21 capacity of a confinement feeding operation, the 7 22 animal unit capacity shall include the animal unit 7 23 capacity of all confinement feeding operation 7 24 buildings which are part of the confinement feeding 7 25 operation, unless a confinement feeding operation 7 26 building has been abandoned. 7 27 NEW SUBSECTION. 4. A confinement feeding 7 28 operation structure is abandoned if the confinement 7 29 feeding operation structure has been razed, removed 7 30 from the site of a confinement feeding operation, 7 31 filled in with earth, or converted to uses other than 7 32 a confinement feeding operation structure so that it 7 33 cannot be used as a confinement feeding operation 7 34 structure without significant reconstruction. 7 35 NEW SUBSECTION. 5. All distances between 7 36 locations of objects provided in this part shall be 7 37 measured in feet from their closest points, as 7 38 provided by rules adopted by the department. However, 7 39 a distance between a public thoroughfare and a 7 40 confinement feeding operation structure shall be 7 41 measured from the portion of the right-of-way which is 7 42 closest to the confinement feeding operation 7 43 structure. 7 44 Sec. 11. Section 455B.162, subsection 1, 7 45 unnumbered paragraphs 1 and 2, Code 2001, are amended 7 46 to read as follows: 7 47 Except as provided insubsectionsubsections 3 and 7 48 6, and sections 455B.163 and 455B.165, this subsection 7 49 applies toanimalconfinement feeding operation 7 50 structures constructed on or after May 31, 1995, but 8 1 prior to January 1, 1999; and to the expansion of 8 2 structures constructed prior to January 1, 1999. 8 3 The following table represents the minimum 8 4 separation distance in feet required betweenan animal8 5 a confinement feeding operation structure and a 8 6 residence not owned by the owner of theanimal8 7 confinement feeding operation, or a commercial 8 8 enterprise, bona fide religious institution, or an 8 9 educational institution: 8 10 Sec. 12. Section 455B.162, subsection 2, 8 11 unnumbered paragraph 1, Code 2001, is amended to read 8 12 as follows: 8 13 Except as provided insubsectionsubsections 3 and 8 14 6, and sections 455B.163 and 455B.165, this subsection 8 15 applies toanimalconfinement feeding operation 8 16 structures constructed on or after January 1, 1999, 8 17 but prior to March 1, 2003, and to the expansion of 8 18 structures constructed on or after January 1, 1999, 8 19 but prior to March 1, 2003. 8 20 PARAGRAPH DIVIDED. The following table represents 8 21 the minimum separation distance in feet required 8 22 betweenan animala confinement feeding operation 8 23 structure and a residence not owned by the owner of 8 24 theanimalconfinement feeding operation, or a 8 25 commercial enterprise, bona fide religious 8 26 institution, or an educational institution: 8 27 Sec. 13. Section 455B.162, subsection 3, 8 28 unnumbered paragraph 1, Code 2001, is amended to read 8 29 as follows: 8 30 Except as provided in subsection 6, and sections 8 31 455B.163 and 455B.165, this subsection applies to 8 32animalconfinement feeding operation structures 8 33 constructed on or after May 31, 1995, but prior to 8 34 March 1, 2003; to the expansion of structures 8 35 constructed on or after May 31, 1995, but prior to 8 36 March 1, 2003; and to the expansion of structures 8 37 constructed prior to May 31, 1995. 8 38 PARAGRAPH DIVIDED. The following table represents 8 39 the minimum separation distance in feet required 8 40 betweenanimala confinement feeding operation 8 41structuresstructure and a public use area; or between 8 42 a confinement feeding operation structure and a 8 43 residence not owned by the owner of theanimal8 44 confinement feeding operation, a commercial 8 45 enterprise, a bona fide religious institution, or an 8 46 educational institution, if the residence, commercial 8 47 enterprise, religious institution, or educational 8 48 institution is located within the corporate limits of 8 49 a city: 8 50 Sec. 14. Section 455B.162, Code 2001, is amended 9 1 by adding the following new subsections: 9 2 NEW SUBSECTION. 3A. Except as provided in 9 3 subsections 3B and 6, and sections 455B.163 and 9 4 455B.165, this subsection applies to confinement 9 5 feeding operation structures constructed on or after 9 6 March 1, 2003, and to the expansion of confinement 9 7 feeding operation structures constructed on or after 9 8 March 1, 2003. 9 9 The following table represents the minimum 9 10 separation distance in feet required between a 9 11 confinement feeding operation structure and a 9 12 residence not owned by the owner of the confinement 9 13 feeding operation, a commercial enterprise, a bona 9 14 fide religious institution, or an educational 9 15 institution: 9 16 For a 9 17 For a confinement For a 9 18 confinement feeding confinement 9 19 feeding operation feeding 9 20 operation having an operation 9 21 having an animal unit having an 9 22 animal unit capacity of animal unit 9 23 capacity of 1,000 or more capacity of 9 24 less than but less than 3,000 or 9 25 1,000 animal 3,000 animal more animal 9 26 Type of structure units units units 9 27 Anaerobic lagoon 1,875 2,500 3,000 9 28 Uncovered earthen 9 29 manure storage 9 30 basin 1,875 2,500 3,000 9 31 Uncovered formed 9 32 manure storage 9 33 structure 1,500 2,000 2,500 9 34 Covered earthen 9 35 manure storage 9 36 basin 1,250 1,875 2,375 9 37 Covered formed 9 38 manure storage 9 39 structure 1,250 1,875 2,375 9 40 Confinement 9 41 building 1,250 1,875 2,375 9 42 Egg washwater 9 43 storage 9 44 structure 1,000 1,500 2,000 9 45 NEW SUBSECTION. 3B. Except as provided in 9 46 subsection 6, and sections 455B.163 and 455B.165, this 9 47 subsection applies to confinement feeding operation 9 48 structures constructed on or after March 1, 2003, and 9 49 to the expansion of confinement feeding operation 9 50 structures constructed on or after March 1, 2003. 10 1 The following table represents the minimum 10 2 separation distance in feet required between a 10 3 confinement feeding operation structure and a public 10 4 use area; or between a confinement feeding operation 10 5 structure and a residence not owned by the owner of 10 6 the confinement feeding operation, a commercial 10 7 enterprise, a bona fide religious institution, or an 10 8 educational institution, if the residence, commercial 10 9 enterprise, religious institution, or educational 10 10 institution is located within the corporate limits of 10 11 a city: 10 12 For a 10 13 For a confinement For a 10 14 confinement feeding confinement 10 15 feeding operation feeding 10 16 operation having an operation 10 17 having an animal unit having an 10 18 animal unit capacity of animal unit 10 19 capacity of 1,000 or more capacity of 10 20 less than but less than 3,000 or 10 21 1,000 animal 3,000 animal more animal 10 22 Type of structure units units units 10 23 Confinement feeding 10 24 operation 10 25 structure 1,875 2,500 3,000 10 26 Sec. 15. Section 455B.162, subsection 4, Code 10 27 2001, is amended to read as follows: 10 28 4. Except as provided in section 455B.165,on and10 29after January 1, 1999, an animala confinement feeding 10 30 operation structure shall not be constructed or 10 31 expanded within one hundred feet from a public 10 32 thoroughfare, including a road, street, or bridge10 33which is constructed or maintained by the state or a10 34political subdivision. 10 35 Sec. 16. Section 455B.162, subsection 6, 10 36 paragraphs a and c, Code 2001, are amended by striking 10 37 the paragraphs. 10 38 Sec. 17. Section 455B.162, subsection 6, paragraph 10 39 b, Code 2001, is amended to read as follows: 10 40b.a.AExcept as provided in paragraph "b", a 10 41 qualified confinement feeding operation storing manure 10 42 in a manure storage structure shall only usean animal10 43feeding operationa manure storage structurewhich10 44 that employs bacterial action which is maintained by 10 45 the utilization of air or oxygen, and which shall 10 46 include aeration equipment. The type and degree of 10 47 treatment technology required to be installed shall be 10 48 based on the size of the confinement feeding 10 49 operation, according to rules adopted by the 10 50 department. The equipment shall be installed, 11 1 operated, and maintained in accordance with the 11 2 manufacturer's instructions and requirements of rules 11 3 adopted pursuant to this subsection. 11 4 b. The requirements of paragraph "a" do not apply 11 5 to any of the following: 11 6 (1) A qualified confinement feeding operation 11 7 which includes a confinement feeding operation 11 8 structure constructed prior to May 31, 1995. 11 9 (2) A qualified confinement feeding operation that 11 10 stores manure on a dry matter basis. 11 11 Sec. 18. Section 455B.163, subsections 1 and 2, 11 12 Code 2001, are amended to read as follows: 11 13 1. a.An animalA confinement feeding operation 11 14 structure as constructed or expanded prior to January 11 15 1, 1999, complies with the distance requirements 11 16 applying to that structure as provided in section 11 17 455B.162, subsections 1 and 3. 11 18 b.An animalA confinement feeding operation 11 19 structure as constructed or expanded on or after 11 20 January 1, 1999, but prior to March 1, 2003, complies 11 21 with the distance requirements applying to that 11 22 structure as provided in section 455B.162, subsections 11 23 2 and 3. 11 24 c. A confinement feeding operation structure as 11 25 constructed or expanded on or after March 1, 2003, 11 26 complies with the distance requirements applying to 11 27 that structure as provided in section 455B.162, 11 28 subsections 3A and 3B. 11 29 2. All of the following apply to the expansion of 11 30 theanimalconfinement feeding operation: 11 31 a. No portion of theanimalconfinement feeding 11 32 operation after expansion is closer than before 11 33 expansion to a location or object for which separation 11 34 is required under section 455B.162. 11 35 b.TheFor a confinement feeding operation that 11 36 includes a confinement feeding operation structure 11 37 constructed prior to March 1, 2003, the animal weight 11 38 capacity of theanimalconfinement feeding operation 11 39 as expanded is not more than the lesser of the 11 40 following: 11 41 (1) Double its animal weight capacity on the 11 42 following dates: 11 43 (a) May 31, 1995, foran animala confinement 11 44 feeding operation that includes a confinement feeding 11 45 operation structure constructed prior to January 1, 11 46 1999, or on. 11 47 (b) January 1, 1999, foran animala confinement 11 48 feeding operation that only includes a confinement 11 49 feeding operation structure constructed on or after 11 50 January 1, 1999, but does include a confinement 12 1 feeding operation structure constructed prior to March 12 2 31, 2003. 12 3 (2) Either of the following: 12 4 (a) Six hundred twenty-five thousand pounds animal 12 5 weight capacity for animals other thanbovinecattle. 12 6 (b) One million six hundred thousand pounds animal 12 7 weight capacity forbovinecattle. 12 8 c. For a confinement feeding operation that does 12 9 not include a confinement feeding operation structure 12 10 constructed prior to March 1, 2003, the animal unit 12 11 capacity of the confinement feeding operation as 12 12 expanded is not more than the lesser of the following: 12 13 (1) Double its animal unit capacity on March 1, 12 14 2003. 12 15 (2) One thousand animal units. 12 16 Sec. 19. Section 455B.163, subsection 3, 12 17 unnumbered paragraph 1, Code 2001, is amended to read 12 18 as follows: 12 19 Theanimalconfinement feeding operationwas12 20 includes a confinement feeding operation structure 12 21 that is constructed prior toJanuary 1, 1999March 1, 12 22 2003, and is expanded by replacing one or more 12 23 unformed manure storage structures with one or more 12 24 formed manure storage structures, if all of the 12 25 following apply: 12 26 Sec. 20. Section 455B.163, subsection 3, paragraph 12 27 a, Code 2001, is amended to read as follows: 12 28 a. The animal weight capacity or animal unit 12 29 capacity, whichever is applicable, is not increased 12 30 for that portion of theanimalconfinement feeding 12 31 operation that utilizes all replacement formed manure 12 32 storage structures. 12 33 Sec. 21. Section 455B.165, subsections 1, 4, and 12 34 5, Code 2001, are amended by striking the subsections. 12 35 Sec. 22. Section 455B.165, subsection 3, paragraph 12 36 a, Code 2001, is amended to read as follows: 12 37 a.An animalA confinement feeding operation 12 38 structure which is constructed or expanded, if the 12 39 titleholder of the land benefiting from the distance 12 40 separation requirement executes a written waiver with 12 41 the titleholder of the land where the structure is 12 42 located. Ifan animala confinement feeding operation 12 43 structure is constructed or expanded within the 12 44 separation distance required betweenan animala 12 45 confinement feeding operation structure and a public 12 46 thoroughfare as required pursuant to section 455B.162, 12 47 the state or a political subdivision constructing or 12 48 maintaining the public thoroughfare benefiting from 12 49 the distance separation requirement may execute a 12 50 written waiver with the titleholder of the land where 13 1 the structure is located. Theanimalconfinement 13 2 feeding operation structure shall be constructed or 13 3 expanded under such terms and conditions that the 13 4 parties negotiate. 13 5 Sec. 23. NEW SECTION. 455B.166 DEPARTMENT OF 13 6 NATURAL RESOURCES DEVELOPMENT OF COMPREHENSIVE 13 7 PLANS AND PROGRAMS FOR AIR QUALITY. 13 8 1. As used in this section, unless the context 13 9 otherwise requires: 13 10 a. "Airborne pollutant" means hydrogen sulfide, 13 11 ammonia, or odor. 13 12 b. "Separated location" means a location or object 13 13 from which a separation distance is required under 13 14 section 455B.162, other than a public thoroughfare. 13 15 2. The department shall conduct a comprehensive 13 16 field study to monitor the level of airborne 13 17 pollutants emitted from animal feeding operations in 13 18 this state, including but not limited to each type of 13 19 confinement feeding operation structure. 13 20 3. a. After the completion of the field study, 13 21 the department may develop comprehensive plans and 13 22 programs for the abatement, control, and prevention of 13 23 airborne pollutants originating from animal feeding 13 24 operations in accordance with this section. The 13 25 comprehensive plans and programs may be developed if 13 26 the baseline data from the field study demonstrates to 13 27 a reasonable degree of scientific certainty that 13 28 airborne pollutants emitted by a confinement feeding 13 29 operation are present at a separated location at 13 30 levels commonly known to cause a material and 13 31 verifiable adverse health effect. The department may 13 32 adopt any comprehensive plans or programs in 13 33 accordance with chapter 17A prior to implementation or 13 34 enforcement of an air quality standard but in no event 13 35 shall the plans and programs provide for the 13 36 enforcement of an air quality standard or emission 13 37 limitation prior to December 1, 2004. 13 38 b. Any air quality standard established by the 13 39 department for animal feeding operations under the 13 40 comprehensive plans and programs shall be based on 13 41 distances measured from a confinement feeding 13 42 operation structure to a separated location. In 13 43 providing for the enforcement of the standards, the 13 44 department shall take all initial measurements at the 13 45 separated location. If the department determines that 13 46 a violation of the standards exists, the department 13 47 may conduct an investigation to trace the source of 13 48 the airborne pollutant, including by taking 13 49 measurements at the property line of the separated 13 50 location. This section does not prohibit the 14 1 department from entering the premises of an animal 14 2 feeding operation in compliance with section 455B.103. 14 3 The department shall comply with standard biosecurity 14 4 requirements customarily required by the animal 14 5 feeding operation which are necessary in order to 14 6 control the spread of disease among an animal 14 7 population. 14 8 c. The department shall establish recommended best 14 9 management practices, mechanisms, processes, or 14 10 infrastructure under the comprehensive plans and 14 11 programs in order to reduce the airborne pollutants 14 12 emitted from an animal feeding operation. 14 13 d. The department shall provide a procedure for 14 14 the approval and monitoring of alternative or 14 15 experimental practices, mechanisms, processes, or 14 16 infrastructure to reduce the airborne pollutants 14 17 emitted from an animal feeding operation, which may be 14 18 incorporated as part of the comprehensive plans and 14 19 programs developed under this section. 14 20 Sec. 24. NEW SECTION. 455B.167 CIVIL PENALTY. 14 21 A person who violates this part shall be subject to 14 22 a civil penalty which shall be established, assessed, 14 23 and collected in the same manner as provided in 14 24 section 455B.109. Any civil penalty collected shall 14 25 be deposited in the animal agriculture compliance fund 14 26 created in section 455B.127. 14 27 Sec. 25. Section 455B.171, subsections 2, 3, 4, 5, 14 28 6, 8, 20, 43, and 47, Code 2001, are amended by 14 29 striking the subsections. 14 30 Sec. 26. Section 455B.191, subsection 8, Code 14 31 2001, is amended to read as follows: 14 32 8. Moneys assessed and collected in civil 14 33 penalties and interest earned on civil penalties, 14 34 arising out of a violation involving an animal feeding 14 35 operation, shall be deposited in themanure storage14 36indemnityanimal agriculture compliance fund as 14 37 created in section455J.2455B.127. 14 38 SUBPART B 14 39 ANIMAL FEEDING OPERATIONS 14 40 Sec. 27. Section 455B.200, Code 2001, is amended 14 41 to read as follows: 14 42 455B.200 GENERAL. 14 43 1. The commission shall establish by rule adopted 14 44 pursuant to chapter 17A, requirements relating to the 14 45 construction, including expansion, or operation of 14 46 animal feeding operations, including related animal 14 47 feeding operation structures. The requirements shall 14 48 include but are not limited to minimum manure control, 14 49 the issuance of permits, and departmental 14 50 investigations, inspections, and testing. 15 1 2. Any provision referring generally to compliance 15 2 with the requirements of this chapter as applied to 15 3 animal feeding operations also includes compliance 15 4 with requirements in rules adopted by the commission 15 5 pursuant to this section, orders issued by the 15 6 department as authorized under this chapter, and the 15 7 terms and conditions applicable to permits or manure 15 8 management plans required under this subpart. 15 9 However, for purposes of approving or disapproving an 15 10 application for a construction permit as provided in 15 11 section 455B.200E, conditions for the approval of an 15 12 application based on results produced by a master 15 13 matrix are not requirements of this chapter until the 15 14 department approves or disapproves an application 15 15 based on those results. 15 16 3. The department and the attorney general shall 15 17 enforce the provisions of this chapter in the same 15 18 manner as provided in division I, unless otherwise 15 19 provided in this section. 15 20 Sec. 28. Section 455B.200A, subsections 1 through 15 21 4, Code 2001, are amended to read as follows: 15 22 1. The department shallissueapprove or 15 23 disapprove applications for permits for the 15 24 construction, including the expansion, ofanimal15 25feeding operation structures, including structures15 26which are part ofconfinement feedingoperations15 27 operation structures, as providedby rules adopted15 28pursuant to section 455B.200in this chapter.TheA 15 29 person shall not begin construction of a confinement 15 30 feeding operation structure requiring a permit under 15 31 this section, unless the departmentshall issue a15 32 first approves the person's application and issues to 15 33 the person a construction permitto an animal feeding15 34operation if an application is submitted according to15 35procedures required by the department and. The 15 36 department shall provide conditions for requiring when 15 37 a person must obtain a construction permit. 15 38 a. Except as provided in paragraph "b", a person 15 39 must obtain a permit to construct any of the 15 40 following: 15 41 (1) A confinement feeding operation structure if 15 42 after construction its confinement feeding operation 15 43 would have an animal unit capacity of at least one 15 44 thousand animal units. 15 45 (2) The confinement feeding operation structure is 15 46 an unformed manure storage structure. 15 47 b. A person is not required to obtain a permit to 15 48 construct a confinement feeding operation structure, 15 49 if any of the following apply: 15 50 (1) The confinement feeding operation structure, 16 1 if constructed, would be part of a small animal 16 2 feeding operation. 16 3 (2) The confinement feeding operation structure is 16 4 part of a confinement feeding operation which is owned 16 5 by a research college conducting research activities 16 6 as provided in section 455B.206. 16 7 2. The department shall issue a construction 16 8 permit upon approval of an application. The 16 9 department shall approve the applicationmeets16 10standards established by the department,if the 16 11 application is submitted to the county board of 16 12 supervisors in the county where the proposed 16 13 confinement feeding operation is to be located as 16 14 required pursuant to section 455B.200E, and the 16 15 application meets the requirements of this chapter. 16 16 If a county submits an approved recommendation 16 17 pursuant to a construction evaluation resolution filed 16 18 with the department, the application must also achieve 16 19 a satisfactory rating produced by the master matrix 16 20 used by the board or department under section 16 21 455B.200E. The department shall approve the 16 22 application regardless of whether theanimal feeding16 23operationapplicant is required toobtain suchto be 16 24 issued a construction permit.The department shall16 25not require that a person obtain a permit for the16 26construction of an animal feeding operation structure16 27if the structure is part of a small animal feeding16 28operation. For purposes of this section, an animal16 29feeding operation structure includes a manure storage16 30structure.16 312.3. The department shall notissueapprove an 16 32 application for a construction permitfor the16 33construction of an animal feeding operation structure16 34which is part of a confinement feeding operation16 35 unless thepersonapplicant submits all of the 16 36 following: 16 37 a. An indemnity fee as provided in section 455J.3 16 38whichthat the department shall deposit into the 16 39 manure storage indemnity fund created in section 16 40 455J.2. 16 41 b. A manure management plan as provided in section 16 42 455B.203 and manure management plan filing fee as 16 43 provided in section 455B.203C. 16 44 c. A construction permit application fee as 16 45 provided in section 455B.203C. 16 46 3A. The applicant may submit a master matrix as 16 47 completed by the applicant. 16 483.4. a. A confinement feeding operation meets 16 49 threshold requirements under this paragraph if the 16 50 confinement feeding operation after construction of a 17 1 proposed confinement feeding operation would have a 17 2 minimum animal unit capacity of the following: 17 3 (1) Three thousand animal units for animals other 17 4 than swine maintained as part of a swine farrowing and 17 5 gestating operation or farrow-to-finish operation or 17 6 cattle maintained as part of a cattle operation. 17 7 (2) One thousand two hundred fifty animal units 17 8 for swine maintained as part of a swine farrowing and 17 9 gestating operation. 17 10 (3) Two thousand seven hundred fifty animal units 17 11 for swine maintained as part of a farrow-to-finish 17 12 operation. 17 13 (4) Four thousand animal units for cattle 17 14 maintained as part of a cattle operation. 17 15 b. The department shall notissueapprove an 17 16 application for a construction permitfor the17 17construction ofunless the following apply: 17 18 (1) If the application is for a permit to 17 19 construct an unformed manure storage structure, the 17 20 application must include a statement approved by a 17 21 professional engineer certifying that the construction 17 22 of the unformed manure storage structure complies with 17 23 the construction design standards required in this 17 24 subpart. 17 25 (2) If the application is for a permit to 17 26 construct three or moreanimalconfinement feeding 17 27 operation structuresunless the applicant files, the 17 28 application must include a statementapproved by a17 29professional engineer registered pursuant to chapter17 30542B certifyingproviding that the construction of the 17 31animalconfinement feeding operation structures will 17 32 not impedethedrainage through established drainage 17 33 tile lines which cross property boundary lines unless 17 34 measures are taken to reestablish the drainage prior 17 35 to completion of construction. For a confinement 17 36 feeding operation that meets threshold requirements, 17 37 the statement must be approved by a professional 17 38 engineer. Otherwise, if the application is for a 17 39 permit to construct a formed manure storage structure, 17 40 the statement must be part of the construction design 17 41 statement as provided in section 455B.200C. 17 42 (3) If the application is for a permit to 17 43 construct a formed manure storage structure, other 17 44 than for a confinement feeding operation meeting 17 45 threshold requirements, the applicant must include a 17 46 construction design statement as provided in section 17 47 455B.200C. An application for a permit to construct a 17 48 formed manure storage structure as part of a 17 49 confinement feeding operation that meets threshold 17 50 requirements must include a statement approved by a 18 1 professional engineer certifying that the construction 18 2 of the formed manure storage structure complies with 18 3 the requirements of this subpart. 18 4 (4) The department may only require that an 18 5 application for a permit to construct a formed manure 18 6 storage structure or egg washwater storage structure 18 7 that is part of a confinement feeding operation 18 8 meeting threshold requirements include an engineering 18 9 report, construction plans, or specifications prepared 18 10 by a licensed professional engineer or the natural 18 11 resources conservation service of the United States 18 12 department of agriculture. 18 134.5.PriorAs a condition toissuing a permit to18 14a personapproving an application forthe construction18 15of an animal feeding operationa construction permit, 18 16 the department may require any of the following: 18 17 a. The installation of a related pollution control 18 18 device or practice, including but not limited to the 18 19 installation and operation of ahydrologicalwater 18 20 pollution monitoring system for anexclusively earthen18 21 unformed manure storage structureaccording torules18 22which shall be adopted by the department. 18 23 b. The department's approval of the installation 18 24 of any proposed system to permanently lower the 18 25 groundwater table at a site as part of the 18 26 construction of an unformed manure storage structure, 18 27 as is necessary to ensure that the unformed manure 18 28 storage structure does not pollute groundwater 18 29 sources, including providing for standards as provided 18 30 in section 455B.205. 18 31 Sec. 29. Section 455B.200A, subsections 5 through 18 32 8, Code 2001, are amended by striking the subsections. 18 33 Sec. 30. Section 455B.200B, unnumbered paragraph 18 34 1, Code 2001, is amended to read as follows: 18 35 For purposes of thispartsubpart, all of the 18 36 following shall apply: 18 37 Sec. 31. Section 455B.200B, subsection 1, Code 18 38 2001, is amended by striking the subsection and 18 39 inserting in lieu thereof the following: 18 40 1. Two or more animal feeding operations under 18 41 common ownership or management are deemed to be a 18 42 single animal feeding operation if they are adjacent 18 43 or utilize a common area or system for manure 18 44 disposal. In addition, for purposes of determining 18 45 whether two or more confinement feeding operations are 18 46 adjacent, all of the following must apply: 18 47 a. At least one confinement feeding operation 18 48 structure must be constructed on and after May 21, 18 49 1998. 18 50 b. A confinement feeding operation structure which 19 1 is part of one confinement feeding operation is 19 2 separated by less than a minimum required distance 19 3 from a confinement feeding operation structure which 19 4 is part of the other confinement feeding operation. 19 5 The minimum required distance shall be as follows: 19 6 (1) One thousand two hundred fifty feet for 19 7 confinement feeding operations having a combined 19 8 animal unit capacity of less than one thousand animal 19 9 units. 19 10 (2) Two thousand five hundred feet for confinement 19 11 feeding operations having a combined animal unit 19 12 capacity of one thousand animal units or more. 19 13 Sec. 32. Section 455B.200B, Code 2001, is amended 19 14 by adding the following new subsections: 19 15 NEW SUBSECTION. 3. In calculating the animal unit 19 16 capacity of a confinement feeding operation, the 19 17 animal unit capacity shall include the animal unit 19 18 capacity of all confinement feeding operation 19 19 buildings which are part of the confinement feeding 19 20 operation, unless a confinement feeding operation 19 21 building has been abandoned as provided in section 19 22 455B.161A. 19 23 NEW SUBSECTION. 4. All distances between 19 24 locations or objects provided in this subpart shall be 19 25 measured in feet from their closest points. 19 26 NEW SUBSECTION. 5. a. The department shall 19 27 designate by rule each one hundred year floodplain in 19 28 this state according to the location of the one 19 29 hundred year floodplain. A person shall not be 19 30 prohibited from constructing a confinement feeding 19 31 operation on a one hundred year floodplain unless the 19 32 one hundred year floodplain is designated by rule in 19 33 accordance with this subsection. 19 34 b. (1) Until the effective date of rules adopted 19 35 by the department to designate the location of each 19 36 one hundred year floodplain in this state, a person 19 37 shall not construct a confinement feeding operation 19 38 structure on land that contains a soil type classified 19 39 as alluvial unless the one of the following applies: 19 40 (a) If the person does not apply for a 19 41 construction permit as provided in section 455B.200A, 19 42 the person must petition the department for a 19 43 declaratory order pursuant to section 17A.9 to 19 44 determine whether the location of the proposed 19 45 confinement feeding operation structure is located on 19 46 a one hundred year floodplain. The department shall 19 47 issue a declaratory order in response to the petition, 19 48 notwithstanding any other provision provided in 19 49 section 17A.9 to the contrary, within thirty days from 19 50 the date that the petition is filed with the 20 1 department. 20 2 (b) If the person does apply for a construction 20 3 permit as provided in section 455B.200A, the person 20 4 must identify that the land contains a soil type 20 5 classified as alluvial. The department shall 20 6 determine whether the land is located on a one hundred 20 7 year floodplain. 20 8 (2) The department shall provide in its 20 9 declaratory order or its approval or disapproval of a 20 10 construction permit application a determination 20 11 regarding whether the confinement feeding operation is 20 12 to be located on a one hundred year floodplain, 20 13 whether the confinement feeding operation may be 20 14 constructed at the location, and any conditions for 20 15 the construction. 20 16 (3) This paragraph "b" is repealed on the 20 17 effective date that rules are adopted by the 20 18 department pursuant to paragraph "a". The department 20 19 shall provide a caption on the adopted rule as 20 20 published in the Iowa administrative bulletin as 20 21 provided in section 17A.4, stating that this paragraph 20 22 is repealed as provided in this subparagraph 20 23 subdivision. The director of the department shall 20 24 deliver a copy of the adopted rule to the Iowa Code 20 25 editor. 20 26 NEW SUBSECTION. 6. As used in this subpart, 20 27 unless the context otherwise requires: 20 28 a. "Critical public area" means land as designated 20 29 by the department pursuant to rules adopted pursuant 20 30 to chapter 17A, if all of the following apply: 20 31 (1) The land is part of a public park, preserve, 20 32 or recreation area that is owned or managed by the 20 33 federal government; by the department, including under 20 34 chapter 461A or 465C; or by a political subdivision. 20 35 (2) The land has a unique scenic, cultural, 20 36 archaeological, scientific, or historic significance 20 37 or contains a rare or valuable ecological system. 20 38 b. "Designated wetland" means land designated as a 20 39 protected wetland by the United States department of 20 40 the interior or the department of natural resources, 20 41 including but not limited to a protected wetland as 20 42 defined in section 456B.1, if the land is owned and 20 43 managed by the federal government or the department of 20 44 natural resources. However, a designated wetland does 20 45 not include land where an agricultural drainage well 20 46 has been plugged causing a temporary wetland or land 20 47 within a drainage district or levee district. 20 48 c. "Document" means any form required to be 20 49 processed by the department under this subpart 20 50 regulating animal feeding operations, including but 21 1 not limited to applications or related materials for 21 2 permits as provided in section 455B.200A, manure 21 3 management plans as provided in section 455B.203, 21 4 comment or evaluation by a county board of supervisors 21 5 considering an application for a construction permit, 21 6 the department's analysis of the application including 21 7 using and responding to a master matrix pursuant to 21 8 section 455B.200E, and notices required under those 21 9 sections. 21 10 d. "High-quality water resource" means that part 21 11 of a water source or wetland that the department has 21 12 designated as any of the following: 21 13 (1) A high-quality water (Class "HQ") or a high- 21 14 quality resource water (Class "HQR") according to 567 21 15 IAC ch. 61, in effect on January 1, 2001. 21 16 (2) A protected water area system, according to a 21 17 state plan adopted by the department in effect on 21 18 January 1, 2001. 21 19 e. "Karst terrain" means land having karst 21 20 formations that exhibit surface and subterranean 21 21 features of a type produced by the dissolution of 21 22 limestone, dolomite, or other soluble rock and 21 23 characterized by closed depressions, sinkholes, or 21 24 caves. 21 25 f. "Major water source" means a water source that 21 26 is a lake, reservoir, river, or stream located within 21 27 the territorial limits of the state, or any marginal 21 28 river area adjacent to the state, if the water source 21 29 is capable of supporting a floating vessel capable of 21 30 carrying one or more persons during a total of a six- 21 31 month period in one out of ten years, excluding 21 32 periods of flooding which has been identified by rules 21 33 adopted by the commission. 21 34 g. "One hundred year floodplain" means the land 21 35 adjacent to a major water source, if there is at least 21 36 a one percent chance that the land will be inundated 21 37 in any one year, according to calculations adopted by 21 38 rules adopted pursuant to section 455B.200. In making 21 39 the calculations, the department shall consider 21 40 available maps or data compiled by the federal 21 41 emergency management agency. 21 42 h. "Professional engineer" means a person engaged 21 43 in the practice of engineering as defined in section 21 44 542B.2 who is issued a certificate of licensure as a 21 45 professional engineer pursuant to section 542B.17. 21 46 i. "Water of the state" means the same as defined 21 47 in section 455B.171. 21 48 j. "Water source" means a lake, river, reservoir, 21 49 creek, stream, ditch, or other body of water or 21 50 channel having definite banks and a bed with water 22 1 flow, except lakes or ponds without outlet to which 22 2 only one landowner is riparian. 22 3 Sec. 33. NEW SECTION. 455B.200C CONSTRUCTION 22 4 DESIGN STATEMENT FORMED MANURE STORAGE STRUCTURES. 22 5 1. a. Except as provided in paragraph "b", a 22 6 person shall not construct a formed manure storage 22 7 structure, unless the person submits a construction 22 8 design statement for filing with the department. 22 9 b. The following persons are not required to 22 10 submit a construction design statement with the 22 11 department: 22 12 (1) A person who constructs a formed manure 22 13 storage structure as part of a small animal feeding 22 14 operation. 22 15 (2) A person who submits a statement approved by a 22 16 professional engineer certifying that the construction 22 17 of the formed manure storage structure complies with 22 18 the construction design standards required in this 22 19 subpart, including a person required to submit such a 22 20 statement as part of an application for a construction 22 21 permit pursuant to section 455B.200A. 22 22 2. The construction design statement must include 22 23 all of the following: 22 24 a. A summary description of the type of formed 22 25 manure storage structure proposed to be constructed, 22 26 including whether such formed manure storage structure 22 27 is to be constructed of concrete. 22 28 b. (1) If the formed manure storage structure is 22 29 to be constructed of concrete, a statement by the 22 30 person responsible for constructing the formed manure 22 31 storage structure certifying that such person will 22 32 construct the formed manure storage structure in 22 33 accordance with the construction design standards 22 34 required in this subpart. 22 35 (2) If the formed manure storage structure is not 22 36 to be constructed of concrete, a statement by the 22 37 person responsible for constructing the formed manure 22 38 storage structure certifying that such person will 22 39 construct the formed manure storage structure in 22 40 accordance with the construction design standards 22 41 required in this subpart. 22 42 c. If a construction permit is required pursuant 22 43 to section 455B.200A for the construction of three or 22 44 more confinement feeding operation structures that 22 45 include a formed manure storage structure, the 22 46 contractor must provide that the construction of the 22 47 formed manure storage structure will not impede 22 48 drainage through established drainage tile lines which 22 49 cross property boundary lines unless measures are 22 50 taken to reestablish the drainage prior to completion 23 1 of construction. 23 2 d. A manure management plan as required in section 23 3 455B.203 which may be submitted as part of an 23 4 application for a construction permit as provided in 23 5 section 455B.200A. 23 6 3. Unless the construction design statement is 23 7 part of a construction permit application as provided 23 8 in section 455B.200A, the department shall file the 23 9 construction design statement. Otherwise, the 23 10 department shall approve or disapprove the 23 11 construction design statement as part of the 23 12 construction permit application. The construction 23 13 design statement shall be considered filed on the date 23 14 that it is first received by the department. The 23 15 department may request information from the person 23 16 submitting the construction design statement if the 23 17 department determines that it is incorrect or 23 18 incomplete. Within thirty days after filing the 23 19 construction design statement, the department shall 23 20 notify the person that the construction design 23 21 statement is filed and request any additional 23 22 information. 23 23 Sec. 34. NEW SECTION. 455B.200D DOCUMENT 23 24 PROCESSING REQUIREMENTS. 23 25 1. The department shall adopt and promulgate forms 23 26 required to be completed in order to comply with this 23 27 subpart including forms for documents that the 23 28 department shall make available on the internet. 23 29 2. a. The department shall provide for procedures 23 30 for the receipt, filing, processing, and return of 23 31 documents in an electronic format, including but not 23 32 limited to the transmission of documents by the 23 33 internet. The department shall provide for 23 34 authentication of the documents that may include 23 35 electronic signatures as provided in chapter 554D. 23 36 b. The department shall to every extent feasible 23 37 provide for the processing of permits and manure 23 38 management plans required under this subpart using 23 39 electronic systems, including programming, necessary 23 40 to ensure the completeness and accuracy of the 23 41 documents in accordance with the requirements of this 23 42 subpart. 23 43 Sec. 35. NEW SECTION. 455B.200E CONSTRUCTION 23 44 PERMIT APPLICATION PROCEDURE COMMENTS MASTER 23 45 MATRIX. 23 46 1. a. The department shall deliver a copy or 23 47 require the applicant to deliver a copy of the 23 48 application for a permit to construct, including 23 49 expanding, a confinement feeding operation structure 23 50 pursuant to section 455B.200A, including supporting 24 1 documents, to the county board of supervisors in the 24 2 county where the confinement feeding operation 24 3 structure subject to the permit is proposed to be 24 4 constructed. 24 5 b. The county auditor or other county officer 24 6 designated by the county board of supervisors may 24 7 accept the application on behalf of the board. If the 24 8 department requires the applicant to deliver a copy of 24 9 the application to the county board of supervisors, 24 10 the board shall notify the department that the board 24 11 has received the application according to procedures 24 12 required by the department. 24 13 2. Regardless of whether the county board of 24 14 supervisors has adopted a construction evaluation 24 15 resolution, the county may provide comment to the 24 16 department on a construction permit application for a 24 17 confinement feeding operation structure. 24 18 a. The board shall provide for comment as follows: 24 19 (1) The board shall publish a notice that the 24 20 board has received the application in a newspaper 24 21 having a general circulation in the county. 24 22 (2) The notice shall include all of the following: 24 23 (a) The name of the person applying to receive the 24 24 construction permit. 24 25 (b) The name of the township where the confinement 24 26 feeding operation structure is to be constructed. 24 27 (c) Each type of confinement feeding operation 24 28 structure proposed to be constructed. 24 29 (d) The animal unit capacity of the confinement 24 30 feeding operation if the construction permit were to 24 31 be approved. 24 32 (e) The time when and the place where the 24 33 application may be examined as provided in section 24 34 22.2. 24 35 (f) Procedures for providing public comments to 24 36 the board as provided by the board. 24 37 b. The board may hold a public hearing to receive 24 38 public comments regarding the application. The county 24 39 board of supervisors may submit comments by the board 24 40 and the public to the department as provided in this 24 41 section, including but not limited to all of the 24 42 following: 24 43 (1) The existence of an object or location not 24 44 included in the application that benefits from a 24 45 separation distance requirement as provided in section 24 46 455B.162 or 455B.204. 24 47 (2) The suitability of soils and the hydrology of 24 48 the site where construction of a confinement feeding 24 49 operation structure is proposed. 24 50 (3) The availability of land for the application 25 1 of manure originating from the confinement feeding 25 2 operation. 25 3 (4) Whether the construction of a proposed 25 4 confinement feeding operation structure will impede 25 5 drainage through established tile lines, laterals, or 25 6 other improvements which are constructed to facilitate 25 7 the drainage of land not owned by the person applying 25 8 for the construction permit. 25 9 3. A county board of supervisors may adopt a 25 10 construction evaluation resolution relating to the 25 11 construction of a confinement feeding operation 25 12 structure. The board must submit such resolution to 25 13 the department for filing. If the board has submitted 25 14 such resolution to the department, the board may 25 15 evaluate the construction permit application and 25 16 submit an adopted recommendation to the department to 25 17 approve or disapprove a construction application 25 18 permit as provided in this subsection. The board must 25 19 make its decision to recommend approval or disapproval 25 20 of the permit application as provided in this 25 21 subsection. 25 22 a. For the expansion of a confinement feeding 25 23 operation that includes a confinement feeding 25 24 operation structure constructed prior to April 1, 25 25 2002, the board shall not evaluate a construction 25 26 permit application for the construction or expansion 25 27 of a confinement feeding operation structure if after 25 28 the expansion of the confinement feeding operation, 25 29 its animal unit capacity is one thousand six hundred 25 30 sixty-six animal units or less. 25 31 b. The board must conduct an evaluation of the 25 32 application using the master matrix as provided in 25 33 section 455B.200F. The board's recommendation may be 25 34 based on the master matrix as provided or may be based 25 35 on comments under this section regardless of the 25 36 results of the master matrix. 25 37 c. In completing the master matrix, the board 25 38 shall not score criteria on a selective basis. The 25 39 board must score all criteria which is part of the 25 40 master matrix according to the terms and conditions 25 41 relating to construction as specified in the 25 42 application or commitments for manure management that 25 43 are to be incorporated into a manure management plan 25 44 as provided in section 455B.203. 25 45 d. The board's adopted recommendation to the 25 46 department shall include the specific reasons and any 25 47 supporting documentation for the decision to recommend 25 48 approval or disapproval of the application. 25 49 4. The department must receive the county board of 25 50 supervisor's comments or evaluation for approval or 26 1 disapproval of an application for a construction 26 2 permit not later than thirty days following the 26 3 applicant's delivery of the application to the 26 4 department. Regardless of whether the department 26 5 receives comments or an evaluation by a county board 26 6 of supervisors, the department must approve or 26 7 disapprove an application for a construction permit 26 8 within sixty days following the applicant's delivery 26 9 of the application to the department. However, the 26 10 applicant may deliver a notice requesting a 26 11 continuance. Upon receipt of a notice, the time 26 12 required for the county or department to act upon the 26 13 application shall be suspended for the period provided 26 14 in the notice, but for not more than thirty days after 26 15 the department's receipt of the notice. The applicant 26 16 may submit more than one notice. However, the 26 17 department may provide that an application is 26 18 terminated if no action is required by the department 26 19 for one year following delivery of the application to 26 20 the board. The department may also provide for a 26 21 continuance when it considers the application. The 26 22 department shall provide notice to the applicant and 26 23 the board of the continuance. The time required for 26 24 the department to act upon the application shall be 26 25 suspended for the period provided in the notice, but 26 26 for not more than thirty days. However, the 26 27 department shall not provide for more than one 26 28 continuance. 26 29 5. a. The department shall approve an application 26 30 for a construction permit if the board of supervisors 26 31 which has filed a county construction evaluation 26 32 resolution submits an adopted recommendation to 26 33 approve the construction permit application which may 26 34 be based on a satisfactory rating produced by the 26 35 master matrix to the department and the department 26 36 determines that the application meets the requirements 26 37 of this chapter. The department shall disapprove an 26 38 application that does not satisfy the requirements of 26 39 this chapter regardless of the adopted recommendation 26 40 of the board. The department shall consider any 26 41 timely filed comments made by the board as provided in 26 42 this section to determine if an application meets the 26 43 requirements of this chapter. 26 44 b. If the board submits to the department an 26 45 adopted recommendation to disapprove an application 26 46 for a construction permit that is based on a rating 26 47 produced by the master matrix, the department shall 26 48 first determine if the application meets the 26 49 requirements of this chapter as provided in section 26 50 455B.200. The department shall disapprove an 27 1 application that does not satisfy the requirements of 27 2 this chapter regardless of any result produced by 27 3 using the master matrix. If the application meets the 27 4 requirements of this chapter, the department shall 27 5 conduct an independent evaluation of the application 27 6 using the master matrix. The department shall approve 27 7 the application if it achieves a satisfactory rating 27 8 according to the department's evaluation. The 27 9 department shall disapprove the application if it 27 10 produces an unsatisfactory rating regardless of 27 11 whether the application satisfies the requirements of 27 12 this chapter. The department shall consider any 27 13 timely filed comments made by the board as provided in 27 14 this section to determine if an application meets the 27 15 requirements of this chapter. 27 16 c. If the county board of supervisors does not 27 17 submit a construction evaluation resolution to the 27 18 department, fails to submit an adopted recommendation, 27 19 submits only comments, or fails to submit comments, 27 20 the department shall approve the application if the 27 21 application meets the requirements of this chapter as 27 22 provided in section 455B.200. 27 23 6. The department may conduct an inspection of the 27 24 site on which the construction is proposed after 27 25 providing at a minimum twenty-four hours notice or 27 26 upon receiving consent from the construction permit 27 27 applicant. The county board of supervisors that has 27 28 adopted a construction evaluation resolution may 27 29 designate a county employee to accompany a 27 30 departmental official during the site inspection. The 27 31 county employee shall have the same right to access to 27 32 the site's real estate as the departmental official 27 33 conducting the inspection during the period that the 27 34 county employee accompanies the departmental official. 27 35 The departmental official and the county employee 27 36 shall comply with standard biosecurity requirements 27 37 customarily required by the confinement feeding 27 38 operation that are necessary in order to control the 27 39 spread of disease among an animal population. 27 40 7. Upon written request by a county resident, the 27 41 county board of supervisors shall forward to the 27 42 county resident a copy of the board's adopted 27 43 recommendation, any county comments to the department 27 44 on the permit application, and the department's 27 45 responses, as provided in chapter 22. 27 46 8. a. The department shall deliver a notice to 27 47 the applicant within three days of the department's 27 48 decision to approve or disapprove an application for a 27 49 construction permit. If the board of supervisors has 27 50 submitted an adopted recommendation to the department 28 1 for the approval or disapproval of a construction 28 2 permit application as provided in this section, the 28 3 department shall notify the board of the department's 28 4 decision to approve or disapprove the application at 28 5 the same time. 28 6 b. (1) The applicant may contest the department's 28 7 decision by requesting a hearing and may elect to have 28 8 the hearing conducted before an administrative law 28 9 judge pursuant to chapter 17A or before the 28 10 commission. If the applicant and a board of 28 11 supervisors are both contesting the department's 28 12 decision, the applicant may request that the 28 13 commission conduct the hearing on a consolidated 28 14 basis. The commission shall hear the case according 28 15 to procedures established by rules adopted by the 28 16 department. The commission may hear the case as a 28 17 contested case proceeding under chapter 17A. The 28 18 department, upon petition by the applicant, shall 28 19 deliver to the administrative law judge or the 28 20 commission a copy of the board of supervisors' 28 21 recommendation together with the results produced by 28 22 its master matrix and any supporting data or documents 28 23 submitted with the results, comments submitted by the 28 24 board to the department, and the department's 28 25 evaluation of the application including the results 28 26 produced by its matrix and any supporting data or 28 27 documents. If the commission hears the case, its 28 28 decision shall be the department's final agency 28 29 action. The commission shall render a decision within 28 30 thirty-five days from the date that the applicant or 28 31 board files a demand for a hearing. 28 32 (2) A county board of supervisors that has 28 33 submitted an adopted recommendation to the department 28 34 may contest the department's decision by requesting a 28 35 hearing before the commission. The commission shall 28 36 hear the case according to procedures established by 28 37 rules adopted by the department. The commission may 28 38 hear the case as a contested case proceeding under 28 39 chapter 17A. The board may request that the 28 40 department submit a copy of the department's 28 41 evaluation of the application including the results 28 42 produced by its matrix and any supporting data or 28 43 documents. The decision by the commission shall be 28 44 the department's final agency action. The commission 28 45 shall render a decision within thirty-five days from 28 46 the date that the board initiates the proceeding. 28 47 c. Judicial review of the decision of either the 28 48 department or the commission may be sought in 28 49 accordance with the terms of chapter 17A. 28 50 9. An applicant for a construction permit may 29 1 withdraw the permit application from consideration by 29 2 the department at any time by filing a written request 29 3 with the department. The filing of the request shall 29 4 not prejudice the right of the applicant to resubmit 29 5 the application. 29 6 Sec. 36. NEW SECTION. 455B.200F MASTER MATRIX. 29 7 1. The department shall adopt rules for the 29 8 development and use of a master matrix. The purpose 29 9 of the master matrix is to provide a comprehensive 29 10 assessment mechanism in order to produce a 29 11 statistically verifiable basis for determining whether 29 12 to approve or disapprove an application for the 29 13 construction, including expansion, of a confinement 29 14 feeding operation structure requiring a permit 29 15 pursuant to section 455B.200A. 29 16 a. The master matrix shall be used to establish 29 17 conditions for the construction of a confinement 29 18 feeding operation structure and for the implementation 29 19 of manure management practices, which conditions shall 29 20 be included in the approval of the construction permit 29 21 or the original manure management plan as applicable. 29 22 The master matrix shall be used to determine all of 29 23 the following: 29 24 (1) The appropriate location to construct a 29 25 confinement feeding operation structure, including the 29 26 proximity and orientation of a proposed confinement 29 27 feeding operation structure to objects or locations 29 28 for which separation distances are required pursuant 29 29 to sections 455B.162 and 455B.204. 29 30 (2) The appropriate type of a confinement feeding 29 31 operation structure required to be constructed, 29 32 including the type and size of the manure storage 29 33 structure, or the installation of a related pollution- 29 34 control device. 29 35 b. The master matrix shall be designed to produce 29 36 quantifiable results based on the scoring of objective 29 37 criteria according to an established value scale. 29 38 Each criterion shall be assigned points corresponding 29 39 to the value scale. The master matrix shall consider 29 40 risks and factors mitigating risks if the confinement 29 41 feeding operation structure were constructed according 29 42 to the application. 29 43 c. The master matrix may be a computer model. 29 44 However, the master matrix must be a practical tool 29 45 for use by persons when completing applications and by 29 46 persons when scoring applications. To every extent 29 47 feasible, the master matrix shall include criteria 29 48 presented in the form of questions that may be readily 29 49 scored according to ascertainable data and upon which 29 50 reasonable persons familiar with the location of a 30 1 proposed construction site would not ordinarily 30 2 disagree. 30 3 2. The master matrix shall include criteria 30 4 valuing environmental and community impacts, for use 30 5 by county boards of supervisors and the department. 30 6 The master matrix shall include definite point 30 7 selections for all criteria provided in the master 30 8 matrix. The master matrix shall provide only for 30 9 scoring of positive points and shall not provide for 30 10 deduction of points. The master matrix shall provide 30 11 for a minimum threshold score required to receive a 30 12 satisfactory rating. The master matrix shall be 30 13 structured to ensure that it feasibly provides for a 30 14 satisfactory rating. Criteria valuing environmental 30 15 impacts shall account for animal agriculture's 30 16 relationship to quality of the environment and the 30 17 conservation of natural resources, and may include 30 18 factors that refer to all of the following: 30 19 (a) Topography. 30 20 (b) Surface water drainage characteristics. 30 21 (c) The suitability of the soils and the hydrology 30 22 or hydrogeology of the site. 30 23 (d) The proximity to public use areas and critical 30 24 public areas. 30 25 (e) The proximity to water sources, including 30 26 high-quality water resources. 30 27 Sec. 37. Section 455B.201, Code 2001, is amended 30 28 by adding the following new subsection: 30 29 NEW SUBSECTION. 2A. The department may require 30 30 that the owner of a confinement feeding operation 30 31 install and operate a water pollution monitoring 30 32 system as part of an unformed manure storage 30 33 structure. 30 34 Sec. 38. Section 455B.203, subsections 1 and 2, 30 35 Code 2001, are amended to read as follows: 30 36 1. The following persons shall submit a manure 30 37 management plan, including an original manure 30 38 management plan and an updated manure management plan, 30 39 as required in this section to the department: 30 40 a. The owner of a confinement feeding operation, 30 41 other than a small animal feeding operation, ifthe30 42animalany of the following apply: 30 43 (1) The confinement feeding operation was 30 44 constructed after May 31, 1985, regardless of whether 30 45 the confinement feeding operation structure was 30 46 required to be constructed pursuant to a construction 30 47 permitapproved by rules adopted by the department. 30 48b.(2)The owner of a confinement feeding30 49operation, if the confinement feeding operation is30 50required to be constructed pursuant to a permit issued31 1by the departmentThe owner constructs a manure 31 2 storage structure, regardless of whether the person is 31 3 required to be issued a permit for the construction 31 4 pursuant to section 455B.200A or whether the person 31 5 has submitted a prior manure management plan. 31 6c.b. A person who applies manure from a 31 7 confinement feeding operation, other than a small 31 8 animal feeding operation, which is located in another 31 9 state, if the manure is applied on land located in 31 10 this state. 31 11 1A. Not more than one confinement feeding 31 12 operation shall be covered by a single manure 31 13 management plan. 31 14 1B. The owner of a confinement feeding operation 31 15 who is required to submit a manure management plan 31 16 under this section shall submit an updated manure 31 17 management plan to the department on an annual basis. 31 18 The department shall provide for a date that each 31 19 updated manure management plan is required to be 31 20 submitted to the department. The department may 31 21 provide for staggering the dates on which updated 31 22 manure management plans are due. To satisfy the 31 23 requirements of an updated manure management plan, an 31 24 owner of a confinement feeding operation may, in lieu 31 25 of a submitting a complete plan, file a document 31 26 stating that the manure management plan has not 31 27 changed, or state all of the changes made since the 31 28 original manure management plan or a previous updated 31 29 manure management plan was submitted and approved. 31 30 1C. The department shall deliver a copy of the 31 31 manure management plan or require the person 31 32 submitting the manure management plan to deliver a 31 33 copy of the manure management plan to all of the 31 34 following: 31 35 a. The county board of supervisors in the county 31 36 where the manure storage structure owned by the person 31 37 is located. 31 38 b. The county board of supervisors in the county 31 39 where the manure storage structure is proposed to be 31 40 constructed. If the person is required to be issued a 31 41 permit for the construction of the manure storage 31 42 structure as provided in section 455B.200A, the manure 31 43 management plan shall accompany the application for 31 44 the construction permit as provided in section 31 45 455B.200A. 31 46 c. The county board of supervisors in the county 31 47 where the manure is to be applied. 31 48 The manure management plan shall be filed with the 31 49 county board of supervisors. The county auditor or 31 50 other county officer may accept the manure management 32 1 plan on behalf of the board. 32 2 2. A person shall not remove manure from a manure 32 3 storage structure which is part of a confinement 32 4 feeding operation for which a manure management plan 32 5 is required under this section, unless the department 32 6 approves a manure management plan, including an 32 7 original manure management plan and an updated manure 32 8 management plan, as required in this section. The 32 9 manure management plan shall be submitted by the owner 32 10 of the confinement feeding operation as provided by 32 11 the departmenton forms prescribed by the department32 12 in accordance with section 455B.200D. The owner of a 32 13 confinement feeding operation required to submit a 32 14 manure management plan for the construction of a 32 15 manure storage structure may remove manure from 32 16 another manure storage structure that is constructed, 32 17 if the department has approved a manure management 32 18 plan covering that manure storage structure. The 32 19 department may adopt rules allowing a person to remove 32 20 manure from a manure storage structure until the 32 21 manure management plan is approved or disapproved by 32 22 the department according to terms and conditions 32 23 required by rules adopted by the department.The32 24department shall approve or disapprove a manure32 25management plan within sixty days of the date that the32 26department receives a completed plan.32 27 2A. The department shall not approve an original 32 28 manure management plan unless the plan is accompanied 32 29 by a manure management plan filing fee required 32 30 pursuant to section 455B.203C. The department shall 32 31 not approve an updated manure management plan unless 32 32 the updated manure management plan is accompanied by 32 33 an annual compliance fee required pursuant to section 32 34 455B.203C. 32 35 2B. a. The department shall notissueapprove an 32 36 application for a permitfor the construction ofto 32 37 construct a confinement feeding operationor a related32 38animal feeding operationstructure unless the 32 39applicantowner of the confinement feeding operation 32 40 applying for approval submitsaan original manure 32 41 management plan together withanthe application for 32 42 the construction permit as provided in section 32 43 455B.200A. 32 44 b. The department shall not file a construction 32 45 design statement as provided in section 455B.200C, 32 46 unless the owner of the confinement feeding operation 32 47 structure submits an original manure management plan 32 48 together with the construction design statement. The 32 49 construction design statement and manure management 32 50 plan may be submitted as part of a construction permit 33 1 as provided in section 455B.200A. 33 2 2C. A manure management plan must be authenticated 33 3 by the person required to submit the manure management 33 4 plan as required by the department in accordance with 33 5 section 455B.200D. 33 6 2D. The department shall approve or disapprove a 33 7 manure management plan according to procedures 33 8 established by the department: 33 9 a. For an original manure management plan 33 10 submitted due to the construction of a confinement 33 11 feeding operation structure, the department shall 33 12 approve or disapprove the manure management plan as 33 13 follows: 33 14 (1) If the confinement feeding operation structure 33 15 is constructed pursuant to a construction permit 33 16 issued pursuant to section 455B.200A, the manure 33 17 management plan shall be approved or disapproved as 33 18 part of the construction permit application. 33 19 (2) If the confinement feeding operation structure 33 20 is not constructed pursuant to a construction permit 33 21 issued pursuant to section 455B.200A, the manure 33 22 management plan shall be approved or disapproved 33 23 within sixty days from the date that the department 33 24 receives the manure management plan. 33 25 b. For an original manure management plan 33 26 submitted for a reason other than the construction of 33 27 a confinement feeding operation structure, the manure 33 28 management plan shall be approved within sixty days 33 29 from the date that the department receives the manure 33 30 management plan. 33 31 c. For an updated manure management plan, the 33 32 manure management plan shall be approved within thirty 33 33 days from the date that the department receives the 33 34 updated manure management plan. 33 35 Sec. 39. Section 455B.203, subsection 3, paragraph 33 36 a, Code 2001, is amended to read as follows: 33 37 a. Restrictions on the application of manure based 33 38 on all of the following: 33 39 (1) Calculations necessary to determine the land 33 40 area required for the application of manure from a 33 41 confinement feeding operation based on nitrogen use 33 42 levels in order to obtain optimum crop yields 33 43 according to a crop schedule specified in the manure 33 44 management plan, and according to requirements adopted 33 45 by the departmentafter receiving recommendations from33 46the animal agriculture consulting organization33 47provided for in 1995 Iowa Acts, chapter 195, section33 4837. 33 49 (2) (a) A phosphorus index. The department shall 33 50 establish a phosphorus index by rule in order to 34 1 determine the manner and timing of the application to 34 2 a land area of manure originating from a confinement 34 3 feeding operation. The phosphorus index shall provide 34 4 for the application of manure on a field basis. The 34 5 phosphorus index shall be used to determine 34 6 application rates, based on the number of pounds of 34 7 phosphorus that may be applied per acre and 34 8 application practices. The phosphorus index shall be 34 9 based on the field office technical guide for Iowa as 34 10 published by the United States department of 34 11 agriculture, natural resources conservation service, 34 12 which sets forth nutrient management standards. 34 13 (b) The department shall develop a state 34 14 comprehensive nutrient management strategy. Prior to 34 15 developing the state comprehensive nutrient management 34 16 strategy, the department shall complete all of the 34 17 following: 34 18 (i) The development of a comprehensive state 34 19 nutrient budget for the maximum volume, frequency, and 34 20 concentration of nutrients for each watershed that 34 21 addresses all significant sources of nutrients in a 34 22 water of this state on a watershed basis. 34 23 (ii) The assessment of the available nutrient 34 24 control technologies required to identify and assess 34 25 their effectiveness. 34 26 (iii) The development and adoption of 34 27 administrative rules pursuant to chapter 17A required 34 28 to establish a numeric water quality standard for 34 29 phosphorus. 34 30 (c) Regardless of the development of the state 34 31 comprehensive nutrient management strategy as provided 34 32 in subparagraph subdivision (b), the department shall 34 33 adopt rules required to establish a phosphorus index. 34 34 The department shall cooperate with the United States 34 35 department of agriculture natural resource 34 36 conservation service technical committee for Iowa to 34 37 refine and calibrate the phosphorus index in adopting 34 38 the rules. However, in no instance shall the 34 39 phosphorus index require an application rate that is 34 40 less than the phosphorus use levels necessary to 34 41 obtain optimum crop yields according to a crop 34 42 schedule specified in the manure management plan. 34 43 Rules adopted by the department pursuant to this 34 44 subparagraph shall become effective on July 1, 2003. 34 45 (d) The department shall conduct a study that 34 46 considers the effects on waters of this state from 34 47 phosphorus originating from municipal and industrial 34 48 sources and from farm and lawn and garden use. The 34 49 department shall report the results of its study to 34 50 the general assembly by January 1, 2004. 35 1 (e) A person submitting a manure management plan 35 2 shall include a phosphorus index as part of the manure 35 3 management plan as follows: 35 4 (i) A person who has submitted an original manure 35 5 management plan prior to April 1, 2002, shall not be 35 6 required to submit a manure management plan update 35 7 which includes a phosphorus index, until on and after 35 8 the four-year anniversary date that the department's 35 9 rules adopted to implement the phosphorus index become 35 10 effective. 35 11 (ii) A person required to submit an original 35 12 manure management plan on and after April 1, 2002, but 35 13 prior to the date that is sixty days after the 35 14 department's rules adopted to implement the phosphorus 35 15 index become effective, shall not be required to 35 16 submit a manure management plan update that includes a 35 17 phosphorus index until on and after the two-year 35 18 anniversary date that the department's rules adopted 35 19 to implement the phosphorus index become effective. 35 20 (iii) A person required to submit an original 35 21 manure management plan on and after the date that is 35 22 sixty days after the department's rules adopted to 35 23 implement the phosphorus index become effective shall 35 24 include the phosphorus index as part of the original 35 25 manure management plan and updated manure management 35 26 plans. 35 27 Subparagraph subdivisions (b) through (e) and this 35 28 paragraph are repealed on the date that any person who 35 29 has submitted an original manure management plan prior 35 30 to April 1, 2002, is required to submit a manure 35 31 management plan update which includes a phosphorus 35 32 index as provided in subparagraph subdivision (c), 35 33 subparagraph subdivision part (i). The department 35 34 shall publish a notice in the Iowa administrative 35 35 bulletin published immediately prior to that date, and 35 36 the director of the department shall deliver a copy of 35 37 the notice to the Iowa Code editor. 35 38 Sec. 40. Section 455B.203, subsection 4, Code 35 39 2001, is amended to read as follows: 35 40 4. Apersonconfinement feeding operation 35 41 classified as a habitual violatoror a confinement35 42feeding operation in which a habitual violator owns a35 43controlling interest,as provided in section 455B.191,35 44 shall submit a manure management plan to the 35 45 department on an annual basis, which must be approved 35 46 by the department for the following year of operation. 35 47 The manure management plan shall be a replacement 35 48 original manure management plan rather than a manure 35 49 management plan update. However, the habitual 35 50 violator required to submit a replacement original 36 1 manure management plan must submit an annual 36 2 compliance fee in the same manner as if the habitual 36 3 violator were submitting an updated manure management 36 4 plan. 36 5 Sec. 41. Section 455B.203, subsection 7, Code 36 6 2001, is amended to read as follows: 36 7 7. A personsubmittingrequired to authenticate a 36 8 manure management plan submitted to the department who 36 9 is found in violation of the terms and conditions of 36 10 the plan shall not be subject to an enforcement action 36 11 other than the assessment of a civil penalty pursuant 36 12 to section455B.191455B.207. 36 13 Sec. 42. Section 455B.203A, subsection 6, 36 14 paragraph b, Code 2001, is amended by striking the 36 15 paragraph. 36 16 Sec. 43. NEW SECTION. 455B.203C COMPLIANCE FEES. 36 17 1. The department shall establish, assess, and 36 18 collect all of the following compliance fees: 36 19 a. A construction permit application fee that is 36 20 required to accompany an application submitted to the 36 21 department for approval to construct a confinement 36 22 feeding operation structure as provided in section 36 23 455B.200A. The amount of the construction permit 36 24 application fee shall not exceed two hundred fifty 36 25 dollars. 36 26 b. A manure management plan filing fee that is 36 27 required to accompany an original manure management 36 28 plan submitted to the department for approval as 36 29 provided in section 455B.203. However, the manure 36 30 management plan required to be filed as part of an 36 31 application for a construction permit shall be paid 36 32 together with the construction permit application fee. 36 33 The amount of the manure management plan filing fee 36 34 shall not exceed two hundred fifty dollars. 36 35 c. An annual compliance fee that is required to 36 36 accompany an updated manure management plan submitted 36 37 to the department for approval as provided in section 36 38 455B.203. The amount of the annual compliance fee 36 39 shall not exceed a rate of fifteen cents per animal 36 40 unit based on the animal unit capacity of the 36 41 confinement feeding operation covered by the manure 36 42 management plan. If the person filing the manure 36 43 management plan is a contract producer, as provided in 36 44 chapter 202, the contractor shall be assessed the 36 45 annual compliance fee. 36 46 d. Fees paid by persons required by the department 36 47 to be certified as commercial manure applicators or 36 48 confinement site manure applicators pursuant to 36 49 section 455B.203A. 36 50 2. a. Except as provided in paragraph "b", fees 37 1 collected by the department shall be deposited into 37 2 the animal agriculture compliance fund created in 37 3 section 455B.127. Moneys collected from all fees 37 4 other than the annual compliance fee shall be 37 5 deposited into the compliance fund's general account. 37 6 Moneys collected from the annual compliance fee shall 37 7 be deposited into the compliance fund's assessment 37 8 account. 37 9 b. Receipts that are required to be received by 37 10 the department from persons required to be certified 37 11 pursuant to section 455B.203A may be used to 37 12 compensate a person who teaches continuing 37 13 instructional courses in lieu of deposit into the 37 14 compliance fund. 37 15 3. At the end of each fiscal year the department 37 16 shall determine the balance of unencumbered and 37 17 unobligated moneys in the assessment account of the 37 18 animal agriculture compliance fund created pursuant to 37 19 section 455B.127. If on that date the balance of 37 20 unencumbered and unobligated moneys in the account is 37 21 one million dollars or more, the department shall 37 22 adjust the rate of the annual compliance fee for the 37 23 following fiscal year. The adjusted rate for the 37 24 annual compliance fee shall be based on the 37 25 department's estimate of the amount required to ensure 37 26 that at the end of the following fiscal year the 37 27 balance of unencumbered and unobligated moneys in the 37 28 assessment account is not one million dollars or more. 37 29 Sec. 44. Section 455B.204, subsection 1, Code 37 30 2001, is amended by striking the subsection. 37 31 Sec. 45. Section 455B.204, subsections 2 through 37 32 4, Code 2001, are amended to read as follows: 37 33 2. Except as provided in subsection34, the 37 34 following shall apply: 37 35 a.An animalA confinement feeding operation 37 36 structure shall not be constructed closer than five 37 37 hundred feet away fromathe surface intake,of an 37 38 agricultural drainage well. A confinement feeding 37 39 operation structure shall not be constructed closer 37 40 than one thousand feet from a wellhead,orcistern of 37 41 an agricultural drainage well, or known sinkhole. 37 42 However, the department may adopt rules requiring an 37 43 increased separation distance under this paragraph in 37 44 order to protect the integrity of a water of this 37 45 state. The increased separation distance shall not be 37 46 more than two thousand feet. If the department 37 47 exercises its discretion to increase the separation 37 48 distance requirement, the department shall not approve 37 49 an application for the construction of a confinement 37 50 feeding operation structure within that separation 38 1 distance as provided in section 455B.200A. 38 2 b.An animalA confinement feeding operation 38 3 structure shall not be constructed if theanimal38 4 confinement feeding operation structure as constructed 38 5 is closer than any of the following: 38 6 (1)TwoFive hundred feet away from awatercourse38 7 water source other than a major water source. 38 8 (2)Five hundredOne thousand feet away from a 38 9 major water source. 38 10 (3) Two thousand five hundred feet away from a 38 11 designated wetland. 38 12 c. (1) Awatercoursewater source, other than a 38 13 major water source, shall not be constructed, 38 14 expanded, or diverted, if thewatercoursewater source 38 15 as constructed, expanded, or diverted is closer than 38 16twofive hundred feet away froman animala 38 17 confinement feeding operation structure. 38 18d.(2) A major water source shall not be 38 19 constructed, expanded, or diverted, if the major water 38 20 source as constructed, expanded, or diverted is closer 38 21 thanfive hundredone thousand feet froman animal38 22feedinga confinement operation structure. 38 23 (3) A designated wetland shall not be established, 38 24 if the designated wetland is closer than two thousand 38 25 five hundred feet away from a confinement feeding 38 26 operation structure. 38 27 3. A confinement feeding operation structure shall 38 28 not be constructed on land that is part of a one 38 29 hundred year floodplain as designated by rules adopted 38 30 by the department pursuant to section 455B.200B. 38 313.4. A separation distance required in subsection 38 32 2 shall not apply to any of the following: 38 33 a. A location or object and a farm pond or 38 34 privately owned lake, as defined in section 462A.2. 38 35 b. A confinement feeding operation building, an 38 36 egg washwater storage structure, or a manure storage 38 37 structure constructed with a secondary containment 38 38 barrier. The department shall adopt rules providing 38 39 for the construction and use of a secondary 38 40 containment barrier, including construction design 38 41 standards. 38 424. All distances between locations or objects38 43shall be measured from their closest points, as38 44provided by rules adopted by the department.38 45 Sec. 46. Section 455B.204A, Code 2001, is amended 38 46 to read as follows: 38 47 455B.204ADISPOSALAPPLICATION OF MANURE WITHIN 38 48 DESIGNATED AREAS ADOPTION OF RULES. 38 49 1. The department shall adopt rules relating to 38 50 thedisposalapplication of manure in close proximity 39 1 to a designated area. 39 2 2.AExcept as otherwise provided in this 39 3 subsection, a person shall notdispose ofapply manure 39 4 oncroplandland located within two hundred feet from 39 5 a designated area, unless one of the following 39 6 applies: 39 71.a. The manure is land applied by injection or 39 8 incorporationwithin twenty-four hours following the39 9applicationon the same date as the manure was land 39 10 applied. 39 112.b. An area of permanent vegetation cover, 39 12 including filter strips and riparian forest buffers, 39 13 exists for fifty feet surrounding the designated area 39 14 other than an unplugged agricultural drainage well or 39 15 surface intake to an unplugged agricultural drainage 39 16 well, andthatthe area of permanent vegetation cover 39 17 is not subject to manure application. 39 18 c. The department adopts rules requiring an 39 19 increased separation distance for the application of 39 20 manure located in proximity to a high quality water 39 21 resource in order to protect the integrity of the high 39 22 quality water resource. However, the department shall 39 23 not provide for an increased separation distance 39 24 requirement that is more than four times the 39 25 separation distance requirement otherwise applicable 39 26 under this section. 39 27 As used in this section, "designated area" means a 39 28 known sinkhole, or a cistern, abandoned well, 39 29 unplugged agricultural drainage well, agricultural 39 30 drainage well surface inlet, drinking water well, 39 31 designated wetland, orlake, or a farm pond or39 32privately owned lake as defined in section 462A.239 33 water source. However, a "designated area" does not 39 34 include a terrace tile inlet. 39 35 Sec. 47. Section 455B.205, subsection 1, Code 39 36 2001, is amended to read as follows: 39 37 1. The department shallestablish by rule39 38engineeringadopt rules requiring construction design 39 39 standards forthe construction ofunformed manure 39 40 storage structures required to be constructed pursuant 39 41 to a construction permit issuedunderpursuant to 39 42 section 455B.200A. 39 43 Sec. 48. Section 455B.205, subsection 2, 39 44 unnumbered paragraph 1, Code 2001, is amended to read 39 45 as follows: 39 46 The construction design standards for unformed 39 47 manure storage structures established by the 39 48 department shall account for special design 39 49 characteristics ofanimalconfinement feeding 39 50 operations, including all of the following: 40 1 Sec. 49. Section 455B.205, Code 2001, is amended 40 2 by adding the following new subsection: 40 3 NEW SUBSECTION. 2A. A person shall not construct 40 4 an unformed manure storage structure on karst terrain 40 5 or on an area that drains into a known sinkhole. 40 6 Sec. 50. NEW SECTION. 455B.205A CONSTRUCTION 40 7 DESIGN STANDARDS FORMED MANURE STORAGE STRUCTURES. 40 8 The department shall adopt rules establishing 40 9 construction design standards for formed manure 40 10 storage structures that are part of confinement 40 11 feeding operations other than small animal feeding 40 12 operations. 40 13 1. The department may provide for different 40 14 standards based on criteria developed by the 40 15 department, which may include any of the following: 40 16 a. The animal unit capacity of the manure storage 40 17 structure's confinement feeding operation or the 40 18 manure storage structure's manure volume capacity. 40 19 b. Whether the manure storage structure stores 40 20 manure in an exclusively dry form. 40 21 c. Whether the manure storage structure is part of 40 22 a confinement feeding operation building. 40 23 d. The use of concrete, including its use for the 40 24 structure's footings, walls, or floor. 40 25 2. The construction design standards shall be 40 26 based, to every extent possible, on uniform standards 40 27 such as available standards promulgated by the 40 28 American society for testing and materials. The 40 29 department may require that all or any part of a 40 30 formed manure storage structure be constructed of 40 31 concrete. 40 32 3. The construction design standards for concrete 40 33 shall provide for all of the following: 40 34 a. The concrete's minimum compressive strength 40 35 calculated on a pounds-per-square-inch basis. 40 36 b. The use of reinforcement, including but not 40 37 limited to the grade, amount, and location of steel 40 38 rebar or fiberglass, wire mesh or fabric, or similar 40 39 materials set in the concrete, or the use of exterior 40 40 braces to support joints. 40 41 c. The depth of footings. 40 42 d. The thickness of the footings, the floor and 40 43 walls. 40 44 4. A person shall only construct a formed manure 40 45 storage structure on karst terrain or an area which 40 46 drains into a known sinkhole pursuant to upgraded 40 47 construction design standards necessary to ensure that 40 48 the structure does not pollute groundwater sources. 40 49 Sec. 51. NEW SECTION. 455B.207 CIVIL PENALTY. 40 50 A person who violates this subpart shall be subject 41 1 to a civil penalty which shall be established, 41 2 assessed, and collected in the same manner as provided 41 3 in section 455B.191. Any civil penalty collected 41 4 shall be deposited in the animal agriculture 41 5 compliance fund created in section 455B.127. 41 6 Sec. 52. Section 455I.1, unnumbered paragraph 1, 41 7 Code 2001, is amended by striking the unnumbered 41 8 paragraph. 41 9 Sec. 53. Section 455J.1, subsections 1 through 5 41 10 and subsections 7 and 8, Code 2001, are amended by 41 11 striking the subsections. 41 12 Sec. 54. Section 455J.3, subsection 1, unnumbered 41 13 paragraph 1, Code 2001, is amended to read as follows: 41 14 If the confinement feeding operation has an animal 41 15weightunit capacity of less thansix hundred twenty-41 16five thousand poundsone thousand animal units, the 41 17 following shall apply: 41 18 Sec. 55. Section 455J.3, subsection 2, unnumbered 41 19 paragraph 1, Code 2001, is amended to read as follows: 41 20 If the confinement feeding operation has an animal 41 21weightunit capacity ofsix hundred twenty-five41 22thousandone thousand or morepoundsanimal units but 41 23 less thanone million two hundred fifty thousand41 24poundsthree thousand animal units, the following 41 25 shall apply: 41 26 Sec. 56. Section 455J.3, subsection 3, unnumbered 41 27 paragraph 1, Code 2001, is amended to read as follows: 41 28 If the confinement feeding operation has an animal 41 29weightunit capacity ofone million two hundred fifty41 30thousandthree thousand or morepoundsanimal units, 41 31 the following shall apply: 41 32 Sec. 57. Section 455J.4, Code 2001, is amended to 41 33 read as follows: 41 34 455J.4 MANURE MANAGEMENT PLAN INDEMNITY FEE 41 35 REQUIRED. 41 36 An indemnity fee shall be assessed upon persons 41 37 required to submitaan original manure management 41 38 plan as provided in section 455B.203, but not required 41 39 to obtain a construction permit pursuant to section 41 40 455B.200A. A person required to submit a replacement 41 41 original manure management plan shall not be assessed 41 42 an indemnity fee. The amount of thefeesfee shall be 41 43 ten cents per animal unit of capacity for the 41 44 confinement feedingoperationsoperation covered by 41 45 the manure management plan. 41 46 Sec. 58. NEW SECTION. 481A.151 RESTITUTION FOR 41 47 POLLUTION CAUSING INJURY TO WILD ANIMALS. 41 48 1. A person who is liable for polluting a water of 41 49 this state in violation of state law, including this 41 50 chapter, shall also be liable to pay restitution to 42 1 the department for injury caused to a wild animal by 42 2 the pollution. The amount of the restitution shall 42 3 also include the department's administrative costs for 42 4 investigating the incident. The administration of 42 5 this section shall not result in a duplication of 42 6 damages collected by the department under section 42 7 455B.392, subsection 1, paragraph "c". 42 8 2. The commission shall adopt rules providing for 42 9 procedures for investigations and the administrative 42 10 assessment of restitution amounts. The rules shall 42 11 establish an opportunity to appeal a departmental 42 12 action including by a contested case proceeding under 42 13 chapter 17A. A final administrative decision 42 14 assessing an amount of restitution may be enforced by 42 15 the attorney general at the request of the director. 42 16 3. Rules adopted by the commission shall provide 42 17 for methods used to determine the extent of an injury 42 18 and the monetary values for the loss of injured wild 42 19 animals based on species. 42 20 a. The rules shall provide for methods used to 42 21 count dead fish and to calculate restitution values. 42 22 The rules may incorporate methods and values published 42 23 by the American fisheries society. To every extent 42 24 practicable, the values shall be based on the 42 25 estimates of lost recreational angler opportunities 42 26 where applicable. As an alternative method of 42 27 valuation, the rules may provide that for fish species 42 28 that are protected by catch limits, possession limits, 42 29 size limits, or closed seasons applicable to anglers, 42 30 liquidated damages apply. The amount of the 42 31 liquidated damages shall not exceed fifteen dollars 42 32 per fish. For fish species that are classified by the 42 33 commission as endangered or threatened, the rules may 42 34 establish liquidated damages not to exceed one 42 35 thousand dollars per fish. 42 36 b. The rules shall provide guidelines for 42 37 estimating the extent of loss of a species that is 42 38 affected by a pollution incident but which would not 42 39 be practical to count in sample areas. The rules may 42 40 establish liquidated damage amounts for species whose 42 41 replacement cost is difficult to determine. 42 42 4. Moneys collected by the department in 42 43 restitution shall be deposited into the state fish and 42 44 game protection fund. The moneys shall be used 42 45 exclusively to support restoration or improvement of 42 46 fisheries, including but not limited to aquatic 42 47 habitat improvement projects as provided in rules 42 48 adopted by the commission. However, moneys collected 42 49 from restitution paid for investigative costs shall be 42 50 used as determined by the director. 43 1 Sec. 59. FORMED MANURE STORAGE STRUCTURES 43 2 CONSTRUCTION DESIGN STANDARDS. Until the effective 43 3 date of rules adopted by the department providing 43 4 construction design standards for formed manure 43 5 storage structures as provided in section 455B.205A, 43 6 as enacted in this Act, the department's rules 43 7 providing construction design standards used in the 43 8 construction of formed manure storage structures shall 43 9 apply to formed manure storage structures as provided 43 10 in section 455B.205A, regardless of whether a formed 43 11 manure storage structure must be constructed pursuant 43 12 to a permit issued under section 455B.200A, as amended 43 13 by this Act. However, this section does not apply to 43 14 a manure storage structure that stores manure 43 15 exclusively on a dry-matter basis. 43 16 Sec. 60. INTERIM APPROVAL OF CONSTRUCTION PERMITS 43 17 FOR CONFINEMENT FEEDING OPERATION STRUCTURES COUNTY 43 18 PARTICIPATION AND RIGHTS OF APPLICANTS AND COUNTY 43 19 BOARDS OF SUPERVISORS. This section applies to an 43 20 applicant for a construction permit pursuant to 43 21 section 455B.200A, as amended by this Act, and to a 43 22 county board of supervisors that submits comments 43 23 regarding a permit for the construction of a 43 24 confinement feeding operation structure pursuant to 43 25 section 455B.200A, as amended by this Act. 43 26 Notwithstanding section 455B.200E, as enacted in this 43 27 Act, all of the following shall apply: 43 28 1. The department shall not approve the 43 29 application until thirty days following delivery of 43 30 the application to the county board of supervisors. 43 31 2. The department shall consider and respond to 43 32 comments submitted by the county board of supervisors 43 33 regarding compliance by the applicant with the legal 43 34 requirements for approving the construction permit in 43 35 the same manner as provided pursuant to section 43 36 455B.200A, Code of Iowa 2001. 43 37 3. The department shall notify the county board of 43 38 supervisors prior to conducting an inspection of the 43 39 site on which the construction is proposed in the 43 40 permit application, and the county may accompany a 43 41 departmental official during the site inspection, in 43 42 the same manner as provided in section 455B.200A, Code 43 43 of Iowa 2001. 43 44 4. Upon written request by a county resident, the 43 45 county board of supervisors shall forward a copy of 43 46 the board's comments and the department's responses to 43 47 the county resident as provided in chapter 22. 43 48 5. The department shall notify the applicant and 43 49 county board of supervisors of the county in which a 43 50 confinement feeding operation structure subject to a 44 1 construction permit is proposed to be constructed. 44 2 The notice shall state the department's decision to 44 3 approve or disapprove an application for the 44 4 construction permit which shall be delivered to the 44 5 applicant and board in the same manner as provided for 44 6 counties in section 455B.200A, Code of Iowa 2001. The 44 7 applicant may contest the department's decision by 44 8 filing a demand for a hearing before an administrative 44 9 law judge or the environmental protection commission. 44 10 The board may contest the department's decision by 44 11 filing a demand for a hearing before the commission. 44 12 The applicant shall contest the decision and the 44 13 commission shall conduct the proceeding and render a 44 14 decision in the same manner as provided in section 44 15 455B.200E, as enacted by this Act. 44 16 Sec. 61. ESTABLISHMENT OF A MASTER MATRIX 44 17 TECHNICAL ADVISORY COMMITTEE. 44 18 1. The department of natural resources shall adopt 44 19 rules establishing a master matrix as required 44 20 pursuant to section 455B.200F according to 44 21 recommendations made to the department by a technical 44 22 advisory committee established pursuant to this 44 23 section. The technical advisory committee shall be 44 24 composed of all of the following: 44 25 a. A designee of the secretary of agriculture. 44 26 b. A designee of the director of the department of 44 27 natural resources. 44 28 c. A designee of the president of the university 44 29 of Iowa. 44 30 d. A designee of the president of Iowa state 44 31 university. 44 32 e. A representative of the Iowa environmental 44 33 council. 44 34 f. A representative of the Iowa state association 44 35 of counties. 44 36 g. A representative of the Iowa farm bureau 44 37 federation. 44 38 h. A representative of the Iowa's farmers union. 44 39 i. Two representatives of organizations 44 40 representing livestock producers who shall be jointly 44 41 designated to the department of natural resources by 44 42 the Iowa pork producers association, the Iowa 44 43 cattlemens' association, the Iowa dairy products 44 44 association, the Iowa poultry association, and the 44 45 Iowa turkey federation. 44 46 The department of natural resources shall provide 44 47 administrative support to the committee. The attorney 44 48 general shall appoint an assistant attorney general to 44 49 provide the committee with legal counsel and 44 50 assistance. 45 1 2. In establishing the scoring system for the 45 2 master matrix, only positive points shall be used. 45 3 The master matrix shall be designed as a menu of items 45 4 with positive points assigned to each item within the 45 5 selection list. The matrix shall not include any 45 6 deduction of points. 45 7 3. The department shall adopt rules pursuant to 45 8 chapter 17A in order to carry out the requirements of 45 9 this section. Based on the committee's 45 10 recommendations to establish a master matrix, the 45 11 department shall provide a draft of a notice of 45 12 intended action to the environmental protection 45 13 commission not later than during its September 2002 45 14 meeting. The department's notice of intended action 45 15 shall not be published later than in the November 27, 45 16 2002, issue of the Iowa administrative bulletin. The 45 17 notice of intended action required under this section 45 18 shall include a statement of the terms or substance of 45 19 the intended action in the manner provided for in 45 20 section 17A.4. The rules shall take effect on March 45 21 1, 2003. 45 22 Sec. 62. DEPARTMENT OF NATURAL RESOURCES 45 23 APPROVAL OF APPLICATIONS FOR CONSTRUCTION PERMITS 45 24 USING INTERIM MATRIX. 45 25 1. Notwithstanding sections 455B.200A and 45 26 455B.200F, the department shall approve or disapprove 45 27 an application for a permit to construct a confinement 45 28 feeding operation structure pursuant to section 45 29 455B.200A, if an application is submitted according to 45 30 procedures required by the department, the application 45 31 meets standards established under chapter 455B, as 45 32 amended by this Act, and the application complies with 45 33 the requirements of this section. This section does 45 34 not apply to the expansion of a confinement feeding 45 35 operation that includes a confinement feeding 45 36 operation structure constructed prior to April 1, 45 37 2002, due to the construction or expansion of a 45 38 confinement feeding operation structure if after the 45 39 expansion of the confinement feeding operation, its 45 40 animal unit capacity is one thousand six hundred 45 41 sixty-six animal units or less. 45 42 2. This section applies on and after the date that 45 43 the department publishes a notice in the Iowa 45 44 administrative bulletin commencing its evaluation of 45 45 applications under this section. 45 46 3. The department shall approve or disapprove an 45 47 application based on an interim matrix. The interim 45 48 matrix shall be used to award points as provided in 45 49 this subsection. In order to be issued a construction 45 50 permit, a person must achieve one hundred points. The 46 1 points shall be awarded as follows: 46 2 a. The following criteria shall apply to 46 3 separation distances. The separation distances 46 4 provided in this paragraph shall apply in addition to 46 5 separation distances required for confinement feeding 46 6 operation structures or for the application of manure 46 7 originating from confinement feeding operations as 46 8 provided in chapter 455B, divisions II and III, as 46 9 provided in the 2001 Code of Iowa, unless otherwise 46 10 provided in this paragraph "a". 46 11 (1) The following criteria shall apply to require 46 12 additional separation distances between a proposed 46 13 confinement feeding operation structure and a 46 14 residence not owned by the owner of the confinement 46 15 feeding operation, a commercial enterprise, a bona 46 16 fide religious institution, or an educational 46 17 institution as provided in section 455B.162: 46 18 (a) Two hundred fifty or more feet but less than 46 19 five hundred feet: five points. 46 20 (b) Five hundred or more feet but less than seven 46 21 hundred fifty feet: ten points. 46 22 (c) Seven hundred fifty or more feet but less than 46 23 one thousand feet: fifteen points. 46 24 (d) One thousand or more feet but less than one 46 25 thousand two hundred fifty feet: twenty points. 46 26 (e) One thousand two hundred fifty or more feet: 46 27 twenty-five points. 46 28 (2) The following criteria shall apply to require 46 29 additional separation distances between a proposed 46 30 confinement feeding operation structure and a public 46 31 use area as provided in section 455B.162 or a primary 46 32 highway as defined in section 306C.10: 46 33 (a) Two hundred fifty or more feet but less than 46 34 five hundred feet: five points. 46 35 (b) Five hundred or more feet but less than seven 46 36 hundred fifty feet: ten points. 46 37 (c) Seven hundred fifty or more feet but less than 46 38 one thousand feet: fifteen points. 46 39 (d) One thousand or more feet but less than one 46 40 thousand two hundred fifty feet: twenty points. 46 41 (e) One thousand two hundred fifty or more feet: 46 42 twenty-five points. 46 43 (3) The following criteria shall apply to require 46 44 additional separation distances between a proposed 46 45 confinement feeding operation structure and a major 46 46 water source as provided in section 455B.204 or a 46 47 high-quality water resource as defined in section 46 48 455B.200B, as enacted in this Act: 46 49 (a) Two hundred fifty or more feet but less than 46 50 five hundred feet: five points. 47 1 (b) Five hundred or more feet but less than seven 47 2 hundred fifty feet: ten points. 47 3 (c) Seven hundred fifty or more feet but less than 47 4 one thousand feet: fifteen points. 47 5 (d) One thousand or more feet but less than one 47 6 thousand two hundred fifty feet: twenty points. 47 7 (e) One thousand two hundred fifty or more feet: 47 8 twenty-five points. 47 9 (4) The following criteria shall apply to require 47 10 additional separation distances between a proposed 47 11 confinement feeding operation structure and a critical 47 12 public area as defined in section 455B.200B, 47 13 subsection 6, as enacted by this Act: 47 14 (a) One thousand or more feet but less than one 47 15 thousand two hundred fifty feet: twenty points. 47 16 (b) One thousand two hundred fifty or more feet: 47 17 twenty-five points. 47 18 (5) The following criteria shall apply to require 47 19 an additional separation distance of five hundred or 47 20 more feet between a proposed confinement feeding 47 21 operation structure and a watercourse, other than a 47 22 major water source, as provided in section 455B.204: 47 23 five points. 47 24 (6) The following criteria shall apply to require 47 25 additional separation distances between the 47 26 application of manure originating from a confinement 47 27 feeding operation and a residence not owned by the 47 28 owner of the confinement feeding operation, or a 47 29 commercial enterprise, bona fide religious 47 30 institution, or an educational institution as provided 47 31 in section 455B.162: 47 32 (a) Two hundred fifty or more feet but less than 47 33 five hundred feet: five points. 47 34 (b) Five hundred or more feet but less than seven 47 35 hundred fifty feet: ten points. 47 36 (c) Seven hundred fifty or more feet but less than 47 37 one thousand feet: fifteen points. 47 38 (d) One thousand or more feet but less than one 47 39 thousand two hundred fifty feet: twenty points. 47 40 (e) One thousand two hundred fifty or more feet: 47 41 twenty-five points. 47 42 An applicant who incorporates manure by injection 47 43 shall be entitled to the following: fifteen points. 47 44 (7) The following criteria shall apply to require 47 45 an additional separation distance between the 47 46 application of manure originating from a confinement 47 47 feeding operation and a public use area as provided in 47 48 section 455B.162 or a primary highway as defined in 47 49 section 306C.10: 47 50 (a) Two hundred fifty or more feet but less than 48 1 five hundred feet: five points. 48 2 (b) Five hundred or more feet but less than seven 48 3 hundred fifty feet: ten points. 48 4 (c) Seven hundred fifty or more feet but less than 48 5 one thousand feet: fifteen points. 48 6 (d) One thousand or more feet but less than one 48 7 thousand two hundred fifty feet: twenty points. 48 8 (e) One thousand two hundred fifty or more feet: 48 9 twenty-five points. 48 10 (8) The following criteria shall apply to require 48 11 additional separation distances between the 48 12 application of manure originating from a confinement 48 13 feeding operation and a critical public area as 48 14 defined in section 455B.200B, subsection 6, as enacted 48 15 in this Act: 48 16 (a) One thousand or more feet but less than one 48 17 thousand two hundred fifty feet: twenty points. 48 18 (b) One thousand two hundred fifty or more feet: 48 19 twenty-five points. 48 20 An applicant who incorporates manure by injection 48 21 shall be entitled to the following: fifteen points. 48 22 (9) The following criteria shall apply to require 48 23 additional separation distances between the 48 24 application of manure originating from a confinement 48 25 feeding operation and a major water source: 48 26 (a) One thousand or more feet but less than one 48 27 thousand two hundred fifty feet: twenty points. 48 28 (b) One thousand two hundred fifty or more feet: 48 29 twenty-five points. 48 30 (10) The following criteria shall apply to require 48 31 additional separation distances between the 48 32 application of manure originating from a confinement 48 33 feeding operation and a high-quality water resource as 48 34 defined in section 455B.200B, as enacted in this Act: 48 35 (a) Five hundred or more feet but less than seven 48 36 hundred fifty feet: ten points. 48 37 (b) Seven hundred fifty or more feet but less than 48 38 one thousand feet: fifteen points. 48 39 (c) One thousand or more feet but less than one 48 40 thousand two hundred fifty feet: twenty points. 48 41 (d) One thousand two hundred fifty or more feet: 48 42 twenty-five points. 48 43 (11) The following criteria shall apply to require 48 44 additional separation distances required for the 48 45 application of manure originating from a confinement 48 46 feeding operation and a watercourse other than a major 48 47 water source as provided in section 455B.204: five 48 48 points. 48 49 b. The following points shall be awarded if a 48 50 confinement feeding operation is located on land owned 49 1 or operated by the same family for three or more 49 2 years: fifteen points. 49 3 c. The following points shall be awarded if the 49 4 owner of the confinement feeding operation owns the 49 5 animals maintained by the confinement feeding 49 6 operation and provides substant structure: ten 49 7 points. 49 8 d. The following criteria shall apply to a 49 9 confinement feeding operation located on land owned by 49 10 one of the following persons: 49 11 (1) A person who resides on the land: five 49 12 points. 49 13 (2) A person who closest resides to the proposed 49 14 confinement feeding operation structure: ten points. 49 15 (3) A person who performs the majority of the 49 16 physical work which significantly contributes to the 49 17 operation: ten points. 49 18 (4) A person who is involved in making substantial 49 19 improvements to the confinement feeding operation, if 49 20 the improvements do not provide for expansion by more 49 21 than one hundred fifty percent of the animal unit 49 22 capacity of the confinement feeding operation: ten 49 23 points. 49 24 (5) A person who qualifies as a beginning farmer 49 25 as defined in section 175.2: fifteen points. 49 26 e. The following criteria shall apply to an owner 49 27 of a confinement feeding operation who provides for 49 28 the following manure management practices: 49 29 (1) The incorporation of manure within twenty-four 49 30 hours: five points. 49 31 (2) The use of a cover over a manure storage 49 32 structure or a natural crust or oil sprinkling: five 49 33 points. 49 34 (3) Participation in the United States department 49 35 of agriculture natural resource and conservation 49 36 program referred to as the "filter strip program at 33 49 37 feet": ten points. 49 38 (4) The installation of a filter designed to 49 39 reduce odors from exhaust fans: ten points. 49 40 (5) The utilization of feed or feed additives 49 41 containing high phytase corn: ten points. 49 42 (6) The utilization of a biofilter or impermeable 49 43 cover: ten points. 49 44 (7) The utilization of a methane digester 49 45 (recovery) system for energy or an anaerobic digester: 49 46 twenty-five points. 49 47 (8) The utilization of landscaping or other 49 48 similar controls approved by the department: ten 49 49 points. 49 50 (9) The establishment or expansion of a filter 50 1 strip from thirty-three feet or more up to one hundred 50 2 twenty feet: fifteen points. 50 3 (10) The construction of a secondary containment 50 4 structure: fifteen points. 50 5 (11) The construction of a manure storage 50 6 structure beneath a confinement feeding operation 50 7 structure building: ten points. 50 8 (12) Participation in the United States department 50 9 of agriculture natural resource and conservation 50 10 service program referred to as the "contour buffer 50 11 strip program": twenty-five points. 50 12 Sec. 63. 1995 Iowa Acts, chapter 195, section 37, 50 13 as amended by 1998 Iowa Acts, chapter 1209, section 50 14 40, is repealed. 50 15 Sec. 64. INTERIM APPROVAL OF APPLICATIONS FOR 50 16 CONSTRUCTION PERMITS REPEAL. The section of this 50 17 Act providing for the interim approval of applications 50 18 for construction permits by the department of natural 50 19 resources is repealed March 1, 2003. 50 20 Sec. 65. INTERIM COUNTY PARTICIPATION REPEAL. The 50 21 section of this Act providing for interim county 50 22 participation in the approval of construction permits 50 23 for confinement feeding operation structures is 50 24 repealed March 1, 2003, and the rights of applicants' 50 25 boards of supervisors to contest departmental 50 26 decisions. However, the provisions of the section 50 27 shall continue to apply to applications received by a 50 28 county board of supervisors prior to March 1, 2002. 50 29 DIVISION II 50 30 DIRECTIONS TO CODE EDITOR, 50 31 CHANGE THE NAME OF TERMS AND 50 32 TRANSFER TO NEW TITLE 50 33 Sec. 66. CHANGE OF NAME OF TERMS. 50 34 1. The Code editor is directed to change the term 50 35 "animal feeding operation structure" or "an animal 50 36 feeding operation structure" to "confinement feeding 50 37 operation structure" or "a confinement feeding 50 38 operation structure" wherever the term appears in 50 39 section 455B.161A, subsection 2, Code 2001; section 50 40 455B.162, subsection 3, Code 2001; section 455B.163, 50 41 subsection 3, paragraph "d", Code 2001; section 50 42 455B.165, subsection 3, paragraph "b", and subsections 50 43 6 and 8, Code 2001; section 455B.200B, subsection 2, 50 44 Code 2001; and section 455B.202, subsection 2, 50 45 paragraphs "c" and "d", Code 2001. 50 46 2. The Code editor is directed to change the term 50 47 "animal feeding operation structures" to "confinement 50 48 feeding operation structures" wherever the term 50 49 appears in section 455B.161A, subsection 2, paragraph 50 50 "c", Code 2001; section 455B.200B, subsection 2, Code 51 1 2001; and section 455B.162, unnumbered paragraph 1, 51 2 Code 2001. 51 3 3. The Code editor is directed to change the term 51 4 "animal feeding operation" or "an animal feeding 51 5 operation" to "confinement feeding operation" or "a 51 6 confinement feeding operation" wherever it appears in 51 7 section 455B.163, unnumbered paragraph 1, Code 2001; 51 8 section 455B.163, subsection 3, paragraph "c", Code 51 9 2001; section 455B.165, subsection 6, Code 2001; and 51 10 section 455B.205, subsection 3, paragraph "b", Code 51 11 2001. 51 12 4. The Code editor is directed to change the 51 13 phrase "confinement feeding operation structure or 51 14 anaerobic lagoon which is part of a confinement 51 15 feeding operation" to "confinement feeding operation 51 16 structure" wherever the phrase appears in section 51 17 455B.191, subsection 7, Code 2001. 51 18 5. The Code editor is directed to change the 51 19 phrase "an animal feeding operation structure which is 51 20 part of a confinement feeding operation" to "a 51 21 confinement feeding operation structure" wherever the 51 22 phrase appears in section 455B.202, subsection 2, Code 51 23 2001. 51 24 6. The Code editor is directed to change the term 51 25 "bovine" to "cattle" wherever the term appears in Code 51 26 section 455B.162, Code 2001. 51 27 Sec. 67. DIRECTIONS TO THE CODE EDITOR. 51 28 1. The Code editor is directed to transfer and 51 29 consolidate provisions concerning animal agriculture 51 30 into new chapter 456D, consistent with this section 51 31 and the authority of the Code editor pursuant to 51 32 chapter 2B. As part of this transfer and 51 33 consolidation, the Code editor shall divide the 51 34 chapters into subchapters as follows: 51 35 a. Subchapter 1 shall include a new section 51 36 stating the following: This chapter shall be known 51 37 and may be cited as the "Animal Agriculture Compliance 51 38 Act". Section 455B.161, as amended by this Act, shall 51 39 be transferred to subchapter 1. Section 455B.171, 51 40 subsections 7, 33, and 44, shall be transferred and 51 41 consolidated into section 455B.161 as transferred to 51 42 subchapter 1. Section 455J.1, subsections 4, 6, and 51 43 9, shall be transferred and consolidated into section 51 44 455B.161 as transferred to subchapter 1. Section 51 45 455B.200B, subsection 6, as enacted by this Act, shall 51 46 be consolidated into section 455B.161 as transferred 51 47 to subchapter 1. Section 455B.200, as amended by this 51 48 Act, shall also be transferred to subchapter 1. 51 49 b. Chapter 455B, division II, part 2, including 51 50 sections amended or enacted by this Act, with the 52 1 exception of section 455B.164, shall be transferred to 52 2 new chapter 456D, as subchapter 2. 52 3 c. Chapter 455B, division III, part 1, subpart A, 52 4 as enacted in this Act, with the exception of section 52 5 455B.200, as amended by this Act, and section 52 6 455B.207, as enacted by this Act, shall be transferred 52 7 to new chapter 456D, as subchapter 3. 52 8 d. Sections 455B.125 through 455B.127, as enacted 52 9 by this Act, shall be transferred to new chapter 456D, 52 10 as subchapter 4. 52 11 e. Chapter 455J, with the exception of section 52 12 455J.1, shall be transferred to new chapter 456D, as 52 13 subchapter 5. 52 14 f. Section 455B.110, as amended by this Act, is 52 15 transferred to new chapter 456D, as subchapter 6. 52 16 Sections 455B.167, and 455B.207, as enacted by this 52 17 Act; section 455B.191, subsection 7, Code 2001, and 52 18 section 455B.191, subsection 8, as amended by this 52 19 Act; and section 455B.104, subsection 2, are 52 20 transferred as new sections to new subchapter 6. 52 21 2. The Code editor is directed to transfer chapter 52 22 455I to new chapter 456C. Subchapter 1 shall include 52 23 section 455I.1, subsections 1 through 4 and 6 through 52 24 13, Code 2001. Subchapter 2 shall include a new 52 25 section stating the following: As used in this 52 26 subchapter, unless the context otherwise requires, 52 27 "department" means the department of natural 52 28 resources. Subchapter 2 shall include sections 455I.2 52 29 through 455I.7. Subchapter 3 shall include a new 52 30 section stating the following: As used in this 52 31 subchapter, unless the context otherwise requires, 52 32 "department" means the department of agriculture and 52 33 land stewardship. The Code editor is directed to 52 34 transfer sections 159.28 through 159.29B, Code 2001, 52 35 to new chapter 456C, subchapter 3. 52 36 Sec. 68. Section 455B.164, Code 2001, is repealed. 52 37 DIVISION III 52 38 RETROACTIVE APPLICABILITY AND EFFECTIVE DATES 52 39 Sec. 69. RETROACTIVE APPLICATION. 52 40 1. If the provisions of this Act would apply to 52 41 require that a person must be issued a construction 52 42 permit as provided in section 455B.200A, as amended by 52 43 this Act, upon the enactment of this Act, for the 52 44 construction of a confinement feeding operation 52 45 structure, the requirements of section 455B.200A, as 52 46 amended by this Act, shall apply retroactively as 52 47 provided in this section. The provisions of this 52 48 section shall apply retroactively only if all of the 52 49 following are satisfied: 52 50 a. An application for a permit to construct the 53 1 confinement feeding operation structure was submitted 53 2 to the department on or after April 1, 2002, but prior 53 3 to the enactment of this Act, regardless of whether 53 4 the department has approved the application; a manure 53 5 management plan was submitted to the department 53 6 without a construction permit as provided in 567 IAC 53 7 65.16(2) on or after April 1, 2002, but prior to the 53 8 enactment of this Act regardless of whether the 53 9 department has approved the manure management plan; or 53 10 construction of a confinement feeding operation 53 11 structure has not begun upon the enactment of this Act 53 12 and the person would otherwise be required to submit a 53 13 manure management plan prior to the construction of 53 14 the confinement feeding operation structure as 53 15 provided in section 455B.203, as amended in this Act. 53 16 b. The department has not received evidence that 53 17 an applicant or person submitting or required to 53 18 submit a manure management plan as provided in 53 19 subsection 2, has incurred commitments based on a 53 20 reliance of the law as the law existed on March 31, 53 21 2002. The commitments must constitute a legal 53 22 obligation for performance by the person to construct 53 23 a confinement feeding operation structure. 53 24 2. This Act shall not apply retroactively other 53 25 than as provided in this section. The department 53 26 shall approve or disapprove a pending construction 53 27 permit application or manure management plan not 53 28 subject to subsection 1 and a person may construct a 53 29 confinement feeding operation structure according to 53 30 the applicable requirements of the 2001 Code of Iowa 53 31 and rules adopted by the department and in effect on 53 32 March 31, 2002. 53 33 3. Until March 1, 2003, the department shall use 53 34 the interim matrix as provided in this Act in lieu of 53 35 the master matrix required to be used pursuant to 53 36 section 455B.200E. 53 37 Sec. 70. EFFECTIVE DATES. 53 38 1. Except as provided in subsections 2 and 3, this 53 39 Act, being deemed of immediate importance, takes 53 40 effect upon enactment. 53 41 2. The sections of this Act amending sections 53 42 455B.162, 455B.163, 455B.204, and 455B.204A, take 53 43 effect on March 1, 2003. Sections 455B.200C and 53 44 455B.200E, as enacted in this Act, take effect on 53 45 March 1, 2003. 53 46 3. Notwithstanding section 455B.203, as amended by 53 47 this Act, a person shall not be required to submit a 53 48 manure management plan update earlier than March 1, 53 49 2003. The department shall adopt rules necessary to 53 50 administer this Act including these sections on and 54 1 after the enactment of this Act." 54 2 #2. Title page, line 1, by inserting after the 54 3 word "agriculture" the following: ", providing for 54 4 fees, providing for penalties, and including 54 5 retroactive applicability and effective date 54 6 provisions". 54 7 #3. By renumbering, redesignating, and correcting 54 8 internal references as necessary. 54 9 54 10 54 11 54 12 COMMITTEE ON AGRICULTURE 54 13 KLEMME of Plymouth, Chairperson 54 14 HF 2468.303 79 54 15 da/cf
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