Text: H08648 Text: H08650 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 5 39 three hundred thirty-three or 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 animalFor a confinement feeding 11 14 operationstructure asconstructedor expandedprior 11 15 to January 1, 1999, any construction or expansion of a 11 16 confinement feeding operation structure complies with 11 17 the distance requirements applying to that structure 11 18 as provided in section 455B.162, subsections 1 and 3. 11 19 b.An animalFor a confinement feeding operation 11 20structure asconstructedor expandedon or after 11 21 January 1, 1999, but prior to March 1, 2003, any 11 22 construction or expansion of a confinement feeding 11 23 operation structure complies with the distance 11 24 requirements applying to that structure as provided in 11 25 section 455B.162, subsections 2 and 3. 11 26 c. For a confinement feeding operation constructed 11 27 on or after March 1, 2003, any construction or 11 28 expansion of a confinement feeding operation structure 11 29 complies with the distance requirements applying to 11 30 that structure as provided in section 455B.162, 11 31 subsections 3A and 3B. 11 32 2. All of the following apply to the expansion of 11 33 theanimalconfinement feeding operation: 11 34 a. No portion of theanimalconfinement feeding 11 35 operation after expansion is closer than before 11 36 expansion to a location or object for which separation 11 37 is required under section 455B.162. 11 38 b.TheFor a confinement feeding operation that 11 39 includes a confinement feeding operation structure 11 40 constructed prior to March 1, 2003, the animal weight 11 41 capacity of theanimalconfinement feeding operation 11 42 as expanded is not more than the lesser of the 11 43 following: 11 44 (1) Double its animal weight capacity on the 11 45 following dates: 11 46 (a) May 31, 1995, foran animala confinement 11 47 feeding operation that includes a confinement feeding 11 48 operation structure constructed prior to January 1, 11 49 1999, or on. 11 50 (b) January 1, 1999, foran animala confinement 12 1 feeding operation that only includes a confinement 12 2 feeding operation structure constructed on or after 12 3 January 1, 1999, but does include a confinement 12 4 feeding operation structure constructed prior to March 12 5 1, 2003. 12 6 (2) Either of the following: 12 7 (a) Six hundred twenty-five thousand pounds animal 12 8 weight capacity for animals other thanbovinecattle. 12 9 (b) One million six hundred thousand pounds animal 12 10 weight capacity forbovinecattle. 12 11 c. For a confinement feeding operation that does 12 12 not include a confinement feeding operation structure 12 13 constructed prior to March 1, 2003, the animal unit 12 14 capacity of the confinement feeding operation as 12 15 expanded is not more than the lesser of the following: 12 16 (1) Double its animal unit capacity on March 1, 12 17 2003. 12 18 (2) One thousand animal units. 12 19 Sec. 19. Section 455B.163, subsection 3, 12 20 unnumbered paragraph 1, Code 2001, is amended to read 12 21 as follows: 12 22 Theanimalconfinement feeding operationwas12 23 includes a confinement feeding operation structure 12 24 that is constructed prior toJanuary 1, 1999March 1, 12 25 2003, and is expanded by replacing one or more 12 26 unformed manure storage structures with one or more 12 27 formed manure storage structures, if all of the 12 28 following apply: 12 29 Sec. 20. Section 455B.163, subsection 3, paragraph 12 30 a, Code 2001, is amended to read as follows: 12 31 a. The animal weight capacity or animal unit 12 32 capacity, whichever is applicable, is not increased 12 33 for that portion of theanimalconfinement feeding 12 34 operation that utilizes all replacement formed manure 12 35 storage structures. 12 36 Sec. 21. Section 455B.165, subsections 1, 4, and 12 37 5, Code 2001, are amended by striking the subsections. 12 38 Sec. 22. Section 455B.165, subsection 3, paragraph 12 39 a, Code 2001, is amended to read as follows: 12 40 a.An animalA confinement feeding operation 12 41 structure which is constructed or expanded, if the 12 42 titleholder of the land benefiting from the distance 12 43 separation requirement executes a written waiver with 12 44 the titleholder of the land where the structure is 12 45 located. Ifan animala confinement feeding operation 12 46 structure is constructed or expanded within the 12 47 separation distance required betweenan animala 12 48 confinement feeding operation structure and a public 12 49 thoroughfare as required pursuant to section 455B.162, 12 50 the state or a political subdivision constructing or 13 1 maintaining the public thoroughfare benefiting from 13 2 the distance separation requirement may execute a 13 3 written waiver with the titleholder of the land where 13 4 the structure is located. Theanimalconfinement 13 5 feeding operation structure shall be constructed or 13 6 expanded under such terms and conditions that the 13 7 parties negotiate. 13 8 Sec. 23. NEW SECTION. 455B.166 DEPARTMENT OF 13 9 NATURAL RESOURCES DEVELOPMENT OF COMPREHENSIVE 13 10 PLANS AND PROGRAMS FOR AIR QUALITY. 13 11 1. As used in this section, unless the context 13 12 otherwise requires: 13 13 a. "Airborne pollutant" means hydrogen sulfide, 13 14 ammonia, or odor. 13 15 b. "Separated location" means a location or object 13 16 from which a separation distance is required under 13 17 section 455B.162, other than a public thoroughfare. 13 18 2. The department shall conduct a comprehensive 13 19 field study to monitor the level of airborne 13 20 pollutants emitted from animal feeding operations in 13 21 this state, including but not limited to each type of 13 22 confinement feeding operation structure. 13 23 3. a. After the completion of the field study, 13 24 the department may develop comprehensive plans and 13 25 programs for the abatement, control, and prevention of 13 26 airborne pollutants originating from animal feeding 13 27 operations in accordance with this section. The 13 28 comprehensive plans and programs may be developed if 13 29 the baseline data from the field study demonstrates to 13 30 a reasonable degree of scientific certainty that 13 31 airborne pollutants emitted by an animal feeding 13 32 operation are present at a separated location at 13 33 levels commonly known to cause a material and 13 34 verifiable adverse health effect. The department may 13 35 adopt any comprehensive plans or programs in 13 36 accordance with chapter 17A prior to implementation or 13 37 enforcement of an air quality standard but in no event 13 38 shall the plans and programs provide for the 13 39 enforcement of an air quality standard prior to 13 40 December 1, 2004. 13 41 b. Any air quality standard established by the 13 42 department for animal feeding operations shall be 13 43 based on and enforced at distances measured from a 13 44 confinement feeding operation structure to a separated 13 45 location. In providing for the enforcement of the 13 46 standards, the department shall take all initial 13 47 measurements at the separated location. If the 13 48 department determines that a violation of the 13 49 standards exists, the department may conduct an 13 50 investigation to trace the source of the airborne 14 1 pollutant. This section does not prohibit the 14 2 department from entering the premises of an animal 14 3 feeding operation in compliance with section 455B.103. 14 4 The department shall comply with standard biosecurity 14 5 requirements customarily required by the animal 14 6 feeding operation which are necessary in order to 14 7 control the spread of disease among an animal 14 8 population. 14 9 c. The department shall establish recommended best 14 10 management practices, mechanisms, processes, or 14 11 infrastructure under the comprehensive plans and 14 12 programs in order to reduce the airborne pollutants 14 13 emitted from an animal feeding operation. 14 14 d. The department shall provide a procedure for 14 15 the approval and monitoring of alternative or 14 16 experimental practices, mechanisms, processes, or 14 17 infrastructure to reduce the airborne pollutants 14 18 emitted from an animal feeding operation, which may be 14 19 incorporated as part of the comprehensive plans and 14 20 programs developed under this section. 14 21 Sec. 24. NEW SECTION. 455B.167 CIVIL PENALTY. 14 22 A person who violates this part shall be subject to 14 23 a civil penalty which shall be established, assessed, 14 24 and collected in the same manner as provided in 14 25 section 455B.109. Any civil penalty collected shall 14 26 be deposited in the animal agriculture compliance fund 14 27 created in section 455B.127. 14 28 Sec. 25. Section 455B.171, subsections 2, 3, 4, 5, 14 29 6, 8, 20, 43, and 47, Code 2001, are amended by 14 30 striking the subsections. 14 31 Sec. 26. Section 455B.191, subsection 8, Code 14 32 2001, is amended to read as follows: 14 33 8. Moneys assessed and collected in civil 14 34 penalties and interest earned on civil penalties, 14 35 arising out of a violation involving an animal feeding 14 36 operation, shall be deposited in themanure storage14 37indemnityanimal agriculture compliance fund as 14 38 created in section455J.2455B.127. 14 39 SUBPART B 14 40 ANIMAL FEEDING OPERATIONS 14 41 Sec. 27. Section 455B.200, Code 2001, is amended 14 42 to read as follows: 14 43 455B.200 GENERAL. 14 44 1. The commission shall establish by rule adopted 14 45 pursuant to chapter 17A, requirements relating to the 14 46 construction, including expansion, or operation of 14 47 animal feeding operations, including related animal 14 48 feeding operation structures. The requirements shall 14 49 include but are not limited to minimum manure control, 14 50 the issuance of permits, and departmental 15 1 investigations, inspections, and testing. 15 2 2. Any provision referring generally to compliance 15 3 with the requirements of this chapter as applied to 15 4 animal feeding operations also includes compliance 15 5 with requirements in rules adopted by the commission 15 6 pursuant to this section, orders issued by the 15 7 department as authorized under this chapter, and the 15 8 terms and conditions applicable to permits or manure 15 9 management plans required under this subpart. 15 10 However, for purposes of approving or disapproving an 15 11 application for a construction permit as provided in 15 12 section 455B.200E, conditions for the approval of an 15 13 application based on results produced by a master 15 14 matrix are not requirements of this chapter until the 15 15 department approves or disapproves an application 15 16 based on those results. 15 17 3. The department and the attorney general shall 15 18 enforce the provisions of this chapter in the same 15 19 manner as provided in division I, unless otherwise 15 20 provided in this section. 15 21 Sec. 28. Section 455B.200A, subsections 1 through 15 22 4, Code 2001, are amended to read as follows: 15 23 1. The department shallissueapprove or 15 24 disapprove applications for permits for the 15 25 construction, including the expansion, ofanimal15 26 confinement feeding operation structures,including15 27structures which are part of confinement feeding15 28operations,as provided by rules adopted pursuant to 15 29section 455B.200this chapter. The department's 15 30 decision to approve or disapprove a permit for the 15 31 construction of a confinement feeding operation shall 15 32 be based on whether the application is submitted 15 33 according to procedures required by the department and 15 34 the application meets standards established by the 15 35 department. A person shall not begin construction of 15 36 a confinement feeding operation structure requiring a 15 37 permit under this section, unless the departmentshall15 38issue afirst approves the person's application and 15 39 issues to the person a construction permitto an15 40animal feeding operation if an application is15 41submitted according to procedures required by the15 42department and. The department shall provide 15 43 conditions for requiring when a person must obtain a 15 44 construction permit. 15 45 a. Except as provided in paragraph "b", a person 15 46 must obtain a permit to construct any of the 15 47 following: 15 48 (1) A confinement feeding operation structure if 15 49 after construction its confinement feeding operation 15 50 would have an animal unit capacity of at least one 16 1 thousand animal units. 16 2 (2) The confinement feeding operation structure is 16 3 an unformed manure storage structure. 16 4 b. A person is not required to obtain a permit to 16 5 construct a confinement feeding operation structure, 16 6 if any of the following apply: 16 7 (1) The confinement feeding operation structure, 16 8 if constructed, would be part of a small animal 16 9 feeding operation. However, the person must obtain a 16 10 permit under this section if the confinement feeding 16 11 operation structure is an unformed manure storage 16 12 structure. 16 13 (2) The confinement feeding operation structure is 16 14 part of a confinement feeding operation which is owned 16 15 by a research college conducting research activities 16 16 as provided in section 455B.206. 16 17 2. The department shall issue a construction 16 18 permit upon approval of an application. The 16 19 department shall approve the applicationmeets16 20standards established by the department,if the 16 21 application is submitted to the county board of 16 22 supervisors in the county where the proposed 16 23 confinement feeding operation is to be located as 16 24 required pursuant to section 455B.200E, and the 16 25 application meets the requirements of this chapter. 16 26 If a county submits an approved recommendation 16 27 pursuant to a construction evaluation resolution filed 16 28 with the department, the application must also achieve 16 29 a satisfactory rating produced by the master matrix 16 30 used by the board or department under section 16 31 455B.200E. The department shall approve the 16 32 application regardless of whether theanimal feeding16 33operationapplicant is required toobtain suchto be 16 34 issued a construction permit.The department shall16 35not require that a person obtain a permit for the16 36construction of an animal feeding operation structure16 37if the structure is part of a small animal feeding16 38operation. For purposes of this section, an animal16 39feeding operation structure includes a manure storage16 40structure.16 412.3. The department shall notissueapprove an 16 42 application for a construction permitfor the16 43construction of an animal feeding operation structure16 44which is part of a confinement feeding operation16 45 unless thepersonapplicant submits all of the 16 46 following: 16 47 a. An indemnity fee as provided in section 455J.3 16 48whichthat the department shall deposit into the 16 49 manure storage indemnity fund created in section 16 50 455J.2. 17 1 b. A manure management plan as provided in section 17 2 455B.203 and manure management plan filing fee as 17 3 provided in section 455B.203C. 17 4 c. A construction permit application fee as 17 5 provided in section 455B.203C. 17 6 3A. The applicant may submit a master matrix as 17 7 completed by the applicant. 17 83.4. a. A confinement feeding operation meets 17 9 threshold requirements under this paragraph if the 17 10 confinement feeding operation after construction of a 17 11 proposed confinement feeding operation structure would 17 12 have a minimum animal unit capacity of the following: 17 13 (1) Three thousand animal units for animals other 17 14 than swine maintained as part of a swine farrowing and 17 15 gestating operation or farrow-to-finish operation or 17 16 cattle maintained as part of a cattle operation. 17 17 (2) One thousand two hundred fifty animal units 17 18 for swine maintained as part of a swine farrowing and 17 19 gestating operation. 17 20 (3) Two thousand seven hundred fifty animal units 17 21 for swine maintained as part of a farrow-to-finish 17 22 operation. 17 23 (4) Four thousand animal units for cattle 17 24 maintained as part of a cattle operation. 17 25 b. The department shall notissueapprove an 17 26 application for a construction permitfor the17 27construction ofunless the following apply: 17 28 (1) If the application is for a permit to 17 29 construct an unformed manure storage structure, the 17 30 application must include a statement approved by a 17 31 professional engineer certifying that the construction 17 32 of the unformed manure storage structure complies with 17 33 the construction design standards required in this 17 34 subpart. 17 35 (2) If the application is for a permit to 17 36 construct three or moreanimalconfinement feeding 17 37 operation structuresunless the applicant files, the 17 38 application must include a statementapproved by a17 39professional engineer registered pursuant to chapter17 40542B certifyingproviding that the construction of the 17 41animalconfinement feeding operation structures will 17 42 not impedethedrainage through established drainage 17 43 tile lines which cross property boundary lines unless 17 44 measures are taken to reestablish the drainage prior 17 45 to completion of construction. For a confinement 17 46 feeding operation that meets threshold requirements, 17 47 the statement must be approved by a professional 17 48 engineer. Otherwise, if the application is for a 17 49 permit to construct a formed manure storage structure, 17 50 the statement must be part of the construction design 18 1 statement as provided in section 455B.200C. 18 2 (3) If the application is for a permit to 18 3 construct a formed manure storage structure, other 18 4 than for a confinement feeding operation meeting 18 5 threshold requirements, the applicant must include a 18 6 construction design statement as provided in section 18 7 455B.200C. An application for a permit to construct a 18 8 formed manure storage structure as part of a 18 9 confinement feeding operation that meets threshold 18 10 requirements must include a statement approved by a 18 11 professional engineer certifying that the construction 18 12 of the formed manure storage structure complies with 18 13 the requirements of this subpart. 18 14 (4) The department may only require that an 18 15 application for a permit to construct a formed manure 18 16 storage structure or egg washwater storage structure 18 17 that is part of a confinement feeding operation 18 18 meeting threshold requirements include an engineering 18 19 report, construction plans, or specifications prepared 18 20 by a licensed professional engineer or the natural 18 21 resources conservation service of the United States 18 22 department of agriculture. 18 234.5.PriorAs a condition toissuing a permit to18 24a personapproving an application forthe construction18 25of an animal feeding operationa construction permit, 18 26 the department may require any of the following: 18 27 a. The installation of a related pollution control 18 28 device or practice, including but not limited to the 18 29 installation and operation of ahydrologicalwater 18 30 pollution monitoring system for anexclusively earthen18 31 unformed manure storage structureaccording torules18 32which shall be adopted by the department. 18 33 b. The department's approval of the installation 18 34 of any proposed system to permanently lower the 18 35 groundwater table at a site as part of the 18 36 construction of an unformed manure storage structure, 18 37 as is necessary to ensure that the unformed manure 18 38 storage structure does not pollute groundwater 18 39 sources, including providing for standards as provided 18 40 in section 455B.205. 18 41 Sec. 29. Section 455B.200A, subsections 5 through 18 42 8, Code 2001, are amended by striking the subsections. 18 43 Sec. 30. Section 455B.200B, unnumbered paragraph 18 44 1, Code 2001, is amended to read as follows: 18 45 For purposes of thispartsubpart, all of the 18 46 following shall apply: 18 47 Sec. 31. Section 455B.200B, subsection 1, Code 18 48 2001, is amended by striking the subsection and 18 49 inserting in lieu thereof the following: 18 50 1. Two or more animal feeding operations under 19 1 common ownership or management are deemed to be a 19 2 single animal feeding operation if they are adjacent 19 3 or utilize a common area or system for manure 19 4 disposal. In addition, for purposes of determining 19 5 whether two or more confinement feeding operations are 19 6 adjacent, all of the following must apply: 19 7 a. At least one confinement feeding operation 19 8 structure must be constructed on and after May 21, 19 9 1998. 19 10 b. A confinement feeding operation structure which 19 11 is part of one confinement feeding operation is 19 12 separated by less than a minimum required distance 19 13 from a confinement feeding operation structure which 19 14 is part of the other confinement feeding operation. 19 15 The minimum required distance shall be as follows: 19 16 (1) One thousand two hundred fifty feet for 19 17 confinement feeding operations having a combined 19 18 animal unit capacity of less than one thousand animal 19 19 units. 19 20 (2) Two thousand five hundred feet for confinement 19 21 feeding operations having a combined animal unit 19 22 capacity of one thousand animal units or more. 19 23 Sec. 32. Section 455B.200B, Code 2001, is amended 19 24 by adding the following new subsections: 19 25 NEW SUBSECTION. 3. In calculating the animal unit 19 26 capacity of a confinement feeding operation, the 19 27 animal unit capacity shall include the animal unit 19 28 capacity of all confinement feeding operation 19 29 buildings which are part of the confinement feeding 19 30 operation, unless a confinement feeding operation 19 31 building has been abandoned as provided in section 19 32 455B.161A. 19 33 NEW SUBSECTION. 4. All distances between 19 34 locations or objects provided in this subpart shall be 19 35 measured in feet from their closest points. 19 36 NEW SUBSECTION. 5. a. The department shall 19 37 designate by rule each one hundred year floodplain in 19 38 this state according to the location of the one 19 39 hundred year floodplain. A person shall not be 19 40 prohibited from constructing a confinement feeding 19 41 operation on a one hundred year floodplain unless the 19 42 one hundred year floodplain is designated by rule in 19 43 accordance with this subsection. 19 44 b. (1) Until the effective date of rules adopted 19 45 by the department to designate the location of each 19 46 one hundred year floodplain in this state, a person 19 47 shall not construct a confinement feeding operation 19 48 structure on land that contains a soil type classified 19 49 as alluvial unless the one of the following applies: 19 50 (a) If the person does not apply for a 20 1 construction permit as provided in section 455B.200A, 20 2 the person must petition the department for a 20 3 declaratory order pursuant to section 17A.9 to 20 4 determine whether the location of the proposed 20 5 confinement feeding operation structure is located on 20 6 a one hundred year floodplain. The department shall 20 7 issue a declaratory order in response to the petition, 20 8 notwithstanding any other provision provided in 20 9 section 17A.9 to the contrary, within thirty days from 20 10 the date that the petition is filed with the 20 11 department. 20 12 (b) If the person does apply for a construction 20 13 permit as provided in section 455B.200A, the person 20 14 must identify that the land contains a soil type 20 15 classified as alluvial. The department shall 20 16 determine whether the land is located on a one hundred 20 17 year floodplain. 20 18 (2) The department shall provide in its 20 19 declaratory order or its approval or disapproval of a 20 20 construction permit application a determination 20 21 regarding whether the confinement feeding operation is 20 22 to be located on a one hundred year floodplain, 20 23 whether the confinement feeding operation may be 20 24 constructed at the location, and any conditions for 20 25 the construction. 20 26 (3) This paragraph "b" is repealed on the 20 27 effective date that rules are adopted by the 20 28 department pursuant to paragraph "a". The department 20 29 shall provide a caption on the adopted rule as 20 30 published in the Iowa administrative bulletin as 20 31 provided in section 17A.4, stating that this paragraph 20 32 is repealed as provided in this subparagraph 20 33 subdivision. The director of the department shall 20 34 deliver a copy of the adopted rule to the Iowa Code 20 35 editor. 20 36 NEW SUBSECTION. 6. As used in this subpart, 20 37 unless the context otherwise requires: 20 38 a. "Critical public area" means land as designated 20 39 by the department pursuant to rules adopted pursuant 20 40 to chapter 17A, if all of the following apply: 20 41 (1) The land is part of a public park, preserve, 20 42 or recreation area that is owned or managed by the 20 43 federal government; by the department, including under 20 44 chapter 461A or 465C; or by a political subdivision. 20 45 (2) The land has a unique scenic, cultural, 20 46 archaeological, scientific, or historic significance 20 47 or contains a rare or valuable ecological system. 20 48 b. "Designated wetland" means land designated as a 20 49 protected wetland by the United States department of 20 50 the interior or the department of natural resources, 21 1 including but not limited to a protected wetland as 21 2 defined in section 456B.1, if the land is owned and 21 3 managed by the federal government or the department of 21 4 natural resources. However, a designated wetland does 21 5 not include land where an agricultural drainage well 21 6 has been plugged causing a temporary wetland or land 21 7 within a drainage district or levee district. 21 8 c. "Document" means any form required to be 21 9 processed by the department under this subpart 21 10 regulating animal feeding operations, including but 21 11 not limited to applications or related materials for 21 12 permits as provided in section 455B.200A, manure 21 13 management plans as provided in section 455B.203, 21 14 comment or evaluation by a county board of supervisors 21 15 considering an application for a construction permit, 21 16 the department's analysis of the application including 21 17 using and responding to a master matrix pursuant to 21 18 section 455B.200E, and notices required under those 21 19 sections. 21 20 d. "High-quality water resource" means that part 21 21 of a water source or wetland that the department has 21 22 designated as any of the following: 21 23 (1) A high-quality water (Class "HQ") or a high- 21 24 quality resource water (Class "HQR") according to 567 21 25 IAC ch. 61, in effect on January 1, 2001. 21 26 (2) A protected water area system, according to a 21 27 state plan adopted by the department in effect on 21 28 January 1, 2001. 21 29 e. "Karst terrain" means land having karst 21 30 formations that exhibit surface and subterranean 21 31 features of a type produced by the dissolution of 21 32 limestone, dolomite, or other soluble rock and 21 33 characterized by closed depressions, sinkholes, or 21 34 caves. 21 35 f. "Major water source" means a water source that 21 36 is a lake, reservoir, river, or stream located within 21 37 the territorial limits of the state, or any marginal 21 38 river area adjacent to the state, if the water source 21 39 is capable of supporting a floating vessel capable of 21 40 carrying one or more persons during a total of a six- 21 41 month period in one out of ten years, excluding 21 42 periods of flooding which has been identified by rules 21 43 adopted by the commission. 21 44 g. "One hundred year floodplain" means the land 21 45 adjacent to a major water source, if there is at least 21 46 a one percent chance that the land will be inundated 21 47 in any one year, according to calculations adopted by 21 48 rules adopted pursuant to section 455B.200. In making 21 49 the calculations, the department shall consider 21 50 available maps or data compiled by the federal 22 1 emergency management agency. 22 2 h. "Professional engineer" means a person engaged 22 3 in the practice of engineering as defined in section 22 4 542B.2 who is issued a certificate of licensure as a 22 5 professional engineer pursuant to section 542B.17. 22 6 i. "Water of the state" means the same as defined 22 7 in section 455B.171. 22 8 j. "Water source" means a lake, river, reservoir, 22 9 creek, stream, ditch, or other body of water or 22 10 channel having definite banks and a bed with water 22 11 flow, except lakes or ponds without outlet to which 22 12 only one landowner is riparian. 22 13 Sec. 33. NEW SECTION. 455B.200C CONSTRUCTION 22 14 DESIGN STATEMENT FORMED MANURE STORAGE STRUCTURES. 22 15 1. a. Except as provided in paragraph "b", a 22 16 person shall not construct a formed manure storage 22 17 structure, unless the person submits a construction 22 18 design statement for filing with the department. 22 19 b. The following persons are not required to 22 20 submit a construction design statement with the 22 21 department: 22 22 (1) A person who constructs a formed manure 22 23 storage structure as part of a small animal feeding 22 24 operation. 22 25 (2) A person who submits a statement approved by a 22 26 professional engineer certifying that the construction 22 27 of the formed manure storage structure complies with 22 28 the construction design standards required in this 22 29 subpart, including a person required to submit such a 22 30 statement as part of an application for a construction 22 31 permit pursuant to section 455B.200A. 22 32 2. The construction design statement must include 22 33 all of the following: 22 34 a. A summary description of the type of formed 22 35 manure storage structure proposed to be constructed, 22 36 including whether such formed manure storage structure 22 37 is to be constructed of concrete. 22 38 b. (1) If the formed manure storage structure is 22 39 to be constructed of concrete, a statement by the 22 40 person responsible for constructing the formed manure 22 41 storage structure certifying that such person will 22 42 construct the formed manure storage structure in 22 43 accordance with the construction design standards 22 44 required in this subpart. 22 45 (2) If the formed manure storage structure is not 22 46 to be constructed of concrete, a statement by the 22 47 person responsible for constructing the formed manure 22 48 storage structure certifying that such person will 22 49 construct the formed manure storage structure in 22 50 accordance with the construction design standards 23 1 required in this subpart. 23 2 c. If a construction permit is required pursuant 23 3 to section 455B.200A for the construction of three or 23 4 more confinement feeding operation structures that 23 5 include a formed manure storage structure, the 23 6 contractor must provide that the construction of the 23 7 formed manure storage structure will not impede 23 8 drainage through established drainage tile lines which 23 9 cross property boundary lines unless measures are 23 10 taken to reestablish the drainage prior to completion 23 11 of construction. 23 12 d. A manure management plan as required in section 23 13 455B.203 which may be submitted as part of an 23 14 application for a construction permit as provided in 23 15 section 455B.200A. 23 16 3. Unless the construction design statement is 23 17 part of a construction permit application as provided 23 18 in section 455B.200A, the department shall file the 23 19 construction design statement. Otherwise, the 23 20 department shall approve or disapprove the 23 21 construction design statement as part of the 23 22 construction permit application. The construction 23 23 design statement shall be considered filed on the date 23 24 that it is first received by the department. The 23 25 department may request information from the person 23 26 submitting the construction design statement if the 23 27 department determines that it is incorrect or 23 28 incomplete. Within thirty days after filing the 23 29 construction design statement, the department shall 23 30 notify the person that the construction design 23 31 statement is filed and request any additional 23 32 information. 23 33 Sec. 34. NEW SECTION. 455B.200D DOCUMENT 23 34 PROCESSING REQUIREMENTS. 23 35 1. The department shall adopt and promulgate forms 23 36 required to be completed in order to comply with this 23 37 subpart including forms for documents that the 23 38 department shall make available on the internet. 23 39 2. a. The department shall provide for procedures 23 40 for the receipt, filing, processing, and return of 23 41 documents in an electronic format, including but not 23 42 limited to the transmission of documents by the 23 43 internet. The department shall provide for 23 44 authentication of the documents that may include 23 45 electronic signatures as provided in chapter 554D. 23 46 b. The department shall to every extent feasible 23 47 provide for the processing of permits and manure 23 48 management plans required under this subpart using 23 49 electronic systems, including programming, necessary 23 50 to ensure the completeness and accuracy of the 24 1 documents in accordance with the requirements of this 24 2 subpart. 24 3 Sec. 35. NEW SECTION. 455B.200E CONSTRUCTION 24 4 PERMIT APPLICATION PROCEDURE COMMENTS MASTER 24 5 MATRIX. 24 6 1. a. The department shall deliver a copy or 24 7 require the applicant to deliver a copy of the 24 8 application for a permit to construct, including 24 9 expanding, a confinement feeding operation structure 24 10 pursuant to section 455B.200A, including supporting 24 11 documents, to the county board of supervisors in the 24 12 county where the confinement feeding operation 24 13 structure subject to the permit is proposed to be 24 14 constructed. 24 15 b. The county auditor or other county officer 24 16 designated by the county board of supervisors may 24 17 accept the application on behalf of the board. If the 24 18 department requires the applicant to deliver a copy of 24 19 the application to the county board of supervisors, 24 20 the board shall notify the department that the board 24 21 has received the application according to procedures 24 22 required by the department. 24 23 2. Regardless of whether the county board of 24 24 supervisors has adopted a construction evaluation 24 25 resolution, the county may provide comment to the 24 26 department on a construction permit application for a 24 27 confinement feeding operation structure. 24 28 a. The board shall provide for comment as follows: 24 29 (1) The board shall publish a notice that the 24 30 board has received the application in a newspaper 24 31 having a general circulation in the county. 24 32 (2) The notice shall include all of the following: 24 33 (a) The name of the person applying to receive the 24 34 construction permit. 24 35 (b) The name of the township where the confinement 24 36 feeding operation structure is to be constructed. 24 37 (c) Each type of confinement feeding operation 24 38 structure proposed to be constructed. 24 39 (d) The animal unit capacity of the confinement 24 40 feeding operation if the construction permit were to 24 41 be approved. 24 42 (e) The time when and the place where the 24 43 application may be examined as provided in section 24 44 22.2. 24 45 (f) Procedures for providing public comments to 24 46 the board as provided by the board. 24 47 b. The board may hold a public hearing to receive 24 48 public comments regarding the application. The county 24 49 board of supervisors may submit comments by the board 24 50 and the public to the department as provided in this 25 1 section, including but not limited to all of the 25 2 following: 25 3 (1) The existence of an object or location not 25 4 included in the application that benefits from a 25 5 separation distance requirement as provided in section 25 6 455B.162 or 455B.204. 25 7 (2) The suitability of soils and the hydrology of 25 8 the site where construction of a confinement feeding 25 9 operation structure is proposed. 25 10 (3) The availability of land for the application 25 11 of manure originating from the confinement feeding 25 12 operation. 25 13 (4) Whether the construction of a proposed 25 14 confinement feeding operation structure will impede 25 15 drainage through established tile lines, laterals, or 25 16 other improvements which are constructed to facilitate 25 17 the drainage of land not owned by the person applying 25 18 for the construction permit. 25 19 3. A county board of supervisors may adopt a 25 20 construction evaluation resolution relating to the 25 21 construction of a confinement feeding operation 25 22 structure. The board must submit such resolution to 25 23 the department for filing. If the board has submitted 25 24 such resolution to the department, the board may 25 25 evaluate the construction permit application and 25 26 submit an adopted recommendation to the department to 25 27 approve or disapprove a construction permit 25 28 application as provided in this subsection. The board 25 29 must make its decision to recommend approval or 25 30 disapproval of the permit application as provided in 25 31 this subsection. 25 32 a. For the expansion of a confinement feeding 25 33 operation that includes a confinement feeding 25 34 operation structure constructed prior to April 1, 25 35 2002, the board shall not evaluate a construction 25 36 permit application for the construction or expansion 25 37 of a confinement feeding operation structure if after 25 38 the expansion of the confinement feeding operation, 25 39 its animal unit capacity is one thousand six hundred 25 40 sixty-six animal units or less. 25 41 b. The board must conduct an evaluation of the 25 42 application using the master matrix as provided in 25 43 section 455B.200F. The board's recommendation may be 25 44 based on the master matrix as provided or may be based 25 45 on comments under this section regardless of the 25 46 results of the master matrix. 25 47 c. In completing the master matrix, the board 25 48 shall not score criteria on a selective basis. The 25 49 board must score all criteria which is part of the 25 50 master matrix according to the terms and conditions 26 1 relating to construction as specified in the 26 2 application or commitments for manure management that 26 3 are to be incorporated into a manure management plan 26 4 as provided in section 455B.203. 26 5 d. The board's adopted recommendation to the 26 6 department shall include the specific reasons and any 26 7 supporting documentation for the decision to recommend 26 8 approval or disapproval of the application. 26 9 4. The department must receive the county board of 26 10 supervisor's comments or evaluation for approval or 26 11 disapproval of an application for a construction 26 12 permit not later than thirty days following the 26 13 applicant's delivery of the application to the 26 14 department. Regardless of whether the department 26 15 receives comments or an evaluation by a county board 26 16 of supervisors, the department must approve or 26 17 disapprove an application for a construction permit 26 18 within sixty days following the applicant's delivery 26 19 of the application to the department. However, the 26 20 applicant may deliver a notice requesting a 26 21 continuance. Upon receipt of a notice, the time 26 22 required for the county or department to act upon the 26 23 application shall be suspended for the period provided 26 24 in the notice, but for not more than thirty days after 26 25 the department's receipt of the notice. The applicant 26 26 may submit more than one notice. However, the 26 27 department may provide that an application is 26 28 terminated if no action is required by the department 26 29 for one year following delivery of the application to 26 30 the board. The department may also provide for a 26 31 continuance when it considers the application. The 26 32 department shall provide notice to the applicant and 26 33 the board of the continuance. The time required for 26 34 the department to act upon the application shall be 26 35 suspended for the period provided in the notice, but 26 36 for not more than thirty days. However, the 26 37 department shall not provide for more than one 26 38 continuance. 26 39 5. a. The department shall approve an application 26 40 for a construction permit if the board of supervisors 26 41 which has filed a county construction evaluation 26 42 resolution submits an adopted recommendation to 26 43 approve the construction permit application which may 26 44 be based on a satisfactory rating produced by the 26 45 master matrix to the department and the department 26 46 determines that the application meets the requirements 26 47 of this chapter. The department shall disapprove an 26 48 application that does not satisfy the requirements of 26 49 this chapter regardless of the adopted recommendation 26 50 of the board. The department shall consider any 27 1 timely filed comments made by the board as provided in 27 2 this section to determine if an application meets the 27 3 requirements of this chapter. 27 4 b. If the board submits to the department an 27 5 adopted recommendation to disapprove an application 27 6 for a construction permit that is based on a rating 27 7 produced by the master matrix, the department shall 27 8 first determine if the application meets the 27 9 requirements of this chapter as provided in section 27 10 455B.200. The department shall disapprove an 27 11 application that does not satisfy the requirements of 27 12 this chapter regardless of any result produced by 27 13 using the master matrix. If the application meets the 27 14 requirements of this chapter, the department shall 27 15 conduct an independent evaluation of the application 27 16 using the master matrix. The department shall approve 27 17 the application if it achieves a satisfactory rating 27 18 according to the department's evaluation. The 27 19 department shall disapprove the application if it 27 20 produces an unsatisfactory rating regardless of 27 21 whether the application satisfies the requirements of 27 22 this chapter. The department shall consider any 27 23 timely filed comments made by the board as provided in 27 24 this section to determine if an application meets the 27 25 requirements of this chapter. 27 26 c. If the county board of supervisors does not 27 27 submit a construction evaluation resolution to the 27 28 department, fails to submit an adopted recommendation, 27 29 submits only comments, or fails to submit comments, 27 30 the department shall approve the application if the 27 31 application meets the requirements of this chapter as 27 32 provided in section 455B.200. 27 33 6. The department may conduct an inspection of the 27 34 site on which the construction is proposed after 27 35 providing at a minimum twenty-four hours notice or 27 36 upon receiving consent from the construction permit 27 37 applicant. The county board of supervisors that has 27 38 adopted a construction evaluation resolution may 27 39 designate a county employee to accompany a 27 40 departmental official during the site inspection. The 27 41 county employee shall have the same right to access to 27 42 the site's real estate as the departmental official 27 43 conducting the inspection during the period that the 27 44 county employee accompanies the departmental official. 27 45 The departmental official and the county employee 27 46 shall comply with standard biosecurity requirements 27 47 customarily required by the confinement feeding 27 48 operation that are necessary in order to control the 27 49 spread of disease among an animal population. 27 50 7. Upon written request by a county resident, the 28 1 county board of supervisors shall forward to the 28 2 county resident a copy of the board's adopted 28 3 recommendation, any county comments to the department 28 4 on the permit application, and the department's 28 5 responses, as provided in chapter 22. 28 6 8. a. The department shall deliver a notice to 28 7 the applicant within three days of the department's 28 8 decision to approve or disapprove an application for a 28 9 construction permit. If the board of supervisors has 28 10 submitted an adopted recommendation to the department 28 11 for the approval or disapproval of a construction 28 12 permit application as provided in this section, the 28 13 department shall notify the board of the department's 28 14 decision to approve or disapprove the application at 28 15 the same time. 28 16 b. (1) The applicant may contest the department's 28 17 decision by requesting a hearing and may elect to have 28 18 the hearing conducted before an administrative law 28 19 judge pursuant to chapter 17A or before the 28 20 commission. If the applicant and a board of 28 21 supervisors are both contesting the department's 28 22 decision, the applicant may request that the 28 23 commission conduct the hearing on a consolidated 28 24 basis. The commission shall hear the case according 28 25 to procedures established by rules adopted by the 28 26 department. The commission may hear the case as a 28 27 contested case proceeding under chapter 17A. The 28 28 department, upon petition by the applicant, shall 28 29 deliver to the administrative law judge or the 28 30 commission a copy of the board of supervisors' 28 31 recommendation together with the results produced by 28 32 its master matrix and any supporting data or documents 28 33 submitted with the results, comments submitted by the 28 34 board to the department, and the department's 28 35 evaluation of the application including the results 28 36 produced by its matrix and any supporting data or 28 37 documents. If the commission hears the case, its 28 38 decision shall be the department's final agency 28 39 action. The commission shall render a decision within 28 40 thirty-five days from the date that the applicant or 28 41 board files a demand for a hearing. 28 42 (2) A county board of supervisors that has 28 43 submitted an adopted recommendation to the department 28 44 may contest the department's decision by requesting a 28 45 hearing before the commission. The commission shall 28 46 hear the case according to procedures established by 28 47 rules adopted by the department. The commission may 28 48 hear the case as a contested case proceeding under 28 49 chapter 17A. The board may request that the 28 50 department submit a copy of the department's 29 1 evaluation of the application including the results 29 2 produced by its matrix and any supporting data or 29 3 documents. The decision by the commission shall be 29 4 the department's final agency action. The commission 29 5 shall render a decision within thirty-five days from 29 6 the date that the board initiates the proceeding. 29 7 c. Judicial review of the decision of either the 29 8 department or the commission may be sought in 29 9 accordance with the terms of chapter 17A. 29 10 9. An applicant for a construction permit may 29 11 withdraw the permit application from consideration by 29 12 the department at any time by filing a written request 29 13 with the department. The filing of the request shall 29 14 not prejudice the right of the applicant to resubmit 29 15 the application. 29 16 Sec. 36. NEW SECTION. 455B.200F MASTER MATRIX. 29 17 1. The department shall adopt rules for the 29 18 development and use of a master matrix. The purpose 29 19 of the master matrix is to provide a comprehensive 29 20 assessment mechanism in order to produce a 29 21 statistically verifiable basis for determining whether 29 22 to approve or disapprove an application for the 29 23 construction, including expansion, of a confinement 29 24 feeding operation structure requiring a permit 29 25 pursuant to section 455B.200A. 29 26 a. The master matrix shall be used to establish 29 27 conditions for the construction of a confinement 29 28 feeding operation structure and for the implementation 29 29 of manure management practices, which conditions shall 29 30 be included in the approval of the construction permit 29 31 or the original manure management plan as applicable. 29 32 The master matrix shall be used to determine all of 29 33 the following: 29 34 (1) The appropriate location to construct a 29 35 confinement feeding operation structure, including the 29 36 proximity and orientation of a proposed confinement 29 37 feeding operation structure to objects or locations 29 38 for which separation distances are required pursuant 29 39 to sections 455B.162 and 455B.204. 29 40 (2) The appropriate type of a confinement feeding 29 41 operation structure required to be constructed, 29 42 including the type and size of the manure storage 29 43 structure, or the installation of a related pollution- 29 44 control device. 29 45 b. The master matrix shall be designed to produce 29 46 quantifiable results based on the scoring of objective 29 47 criteria according to an established value scale. 29 48 Each criterion shall be assigned points corresponding 29 49 to the value scale. The master matrix shall consider 29 50 risks and factors mitigating risks if the confinement 30 1 feeding operation structure were constructed according 30 2 to the application. 30 3 c. The master matrix may be a computer model. 30 4 However, the master matrix must be a practical tool 30 5 for use by persons when completing applications and by 30 6 persons when scoring applications. To every extent 30 7 feasible, the master matrix shall include criteria 30 8 presented in the form of questions that may be readily 30 9 scored according to ascertainable data and upon which 30 10 reasonable persons familiar with the location of a 30 11 proposed construction site would not ordinarily 30 12 disagree. 30 13 2. The master matrix shall include criteria 30 14 valuing environmental and community impacts, for use 30 15 by county boards of supervisors and the department. 30 16 The master matrix shall include definite point 30 17 selections for all criteria provided in the master 30 18 matrix. The master matrix shall provide only for 30 19 scoring of positive points and shall not provide for 30 20 deduction of points. The master matrix shall provide 30 21 for a minimum threshold score required to receive a 30 22 satisfactory rating. The master matrix shall be 30 23 structured to ensure that it feasibly provides for a 30 24 satisfactory rating. Criteria valuing environmental 30 25 impacts shall account for animal agriculture's 30 26 relationship to quality of the environment and the 30 27 conservation of natural resources, and may include 30 28 factors that refer to all of the following: 30 29 (a) Topography. 30 30 (b) Surface water drainage characteristics. 30 31 (c) The suitability of the soils and the hydrology 30 32 or hydrogeology of the site. 30 33 (d) The proximity to public use areas and critical 30 34 public areas. 30 35 (e) The proximity to water sources, including 30 36 high-quality water resources. 30 37 Sec. 37. Section 455B.201, Code 2001, is amended 30 38 by adding the following new subsection: 30 39 NEW SUBSECTION. 2A. The department may require 30 40 that the owner of a confinement feeding operation 30 41 install and operate a water pollution monitoring 30 42 system as part of an unformed manure storage 30 43 structure. 30 44 Sec. 38. Section 455B.203, subsections 1 and 2, 30 45 Code 2001, are amended to read as follows: 30 46 1. The following persons shall submit a manure 30 47 management plan, including an original manure 30 48 management plan and an updated manure management plan, 30 49 as required in this section to the department: 30 50 a. The owner of a confinement feeding operation, 31 1 other than a small animal feeding operation, ifthe31 2animalany of the following apply: 31 3 (1) The confinement feeding operation was 31 4 constructed after May 31, 1985, regardless of whether 31 5 the confinement feeding operation structure was 31 6 required to be constructed pursuant to a construction 31 7 permitapproved by rules adopted by the department. 31 8b.(2)The owner of a confinement feeding31 9operation, if the confinement feeding operation is31 10required to be constructed pursuant to a permit issued31 11by the departmentThe owner constructs a manure 31 12 storage structure, regardless of whether the person is 31 13 required to be issued a permit for the construction 31 14 pursuant to section 455B.200A or whether the person 31 15 has submitted a prior manure management plan. 31 16c.b. A person who applies manure from a 31 17 confinement feeding operation, other than a small 31 18 animal feeding operation, which is located in another 31 19 state, if the manure is applied on land located in 31 20 this state. 31 21 1A. Not more than one confinement feeding 31 22 operation shall be covered by a single manure 31 23 management plan. 31 24 1B. The owner of a confinement feeding operation 31 25 who is required to submit a manure management plan 31 26 under this section shall submit an updated manure 31 27 management plan to the department on an annual basis. 31 28 The department shall provide for a date that each 31 29 updated manure management plan is required to be 31 30 submitted to the department. The department may 31 31 provide for staggering the dates on which updated 31 32 manure management plans are due. To satisfy the 31 33 requirements of an updated manure management plan, an 31 34 owner of a confinement feeding operation may, in lieu 31 35 of a submitting a complete plan, file a document 31 36 stating that the manure management plan has not 31 37 changed, or state all of the changes made since the 31 38 original manure management plan or a previous updated 31 39 manure management plan was submitted and approved. 31 40 1C. The department shall deliver a copy of the 31 41 manure management plan or require the person 31 42 submitting the manure management plan to deliver a 31 43 copy of the manure management plan to all of the 31 44 following: 31 45 a. The county board of supervisors in the county 31 46 where the manure storage structure owned by the person 31 47 is located. 31 48 b. The county board of supervisors in the county 31 49 where the manure storage structure is proposed to be 31 50 constructed. If the person is required to be issued a 32 1 permit for the construction of the manure storage 32 2 structure as provided in section 455B.200A, the manure 32 3 management plan shall accompany the application for 32 4 the construction permit as provided in section 32 5 455B.200A. 32 6 c. The county board of supervisors in the county 32 7 where the manure is to be applied. 32 8 The manure management plan shall be filed with the 32 9 county board of supervisors. The county auditor or 32 10 other county officer may accept the manure management 32 11 plan on behalf of the board. 32 12 2. A person shall not remove manure from a manure 32 13 storage structure which is part of a confinement 32 14 feeding operation for which a manure management plan 32 15 is required under this section, unless the department 32 16 approves a manure management plan, including an 32 17 original manure management plan and an updated manure 32 18 management plan, as required in this section. The 32 19 manure management plan shall be submitted by the owner 32 20 of the confinement feeding operation as provided by 32 21 the departmenton forms prescribed by the department32 22 in accordance with section 455B.200D. The owner of a 32 23 confinement feeding operation required to submit a 32 24 manure management plan for the construction of a 32 25 manure storage structure may remove manure from 32 26 another manure storage structure that is constructed, 32 27 if the department has approved a manure management 32 28 plan covering that manure storage structure. The 32 29 department may adopt rules allowing a person to remove 32 30 manure from a manure storage structure until the 32 31 manure management plan is approved or disapproved by 32 32 the department according to terms and conditions 32 33 required by rules adopted by the department.The32 34department shall approve or disapprove a manure32 35management plan within sixty days of the date that the32 36department receives a completed plan.32 37 2A. The department shall not approve an original 32 38 manure management plan unless the plan is accompanied 32 39 by a manure management plan filing fee required 32 40 pursuant to section 455B.203C. The department shall 32 41 not approve an updated manure management plan unless 32 42 the updated manure management plan is accompanied by 32 43 an annual compliance fee required pursuant to section 32 44 455B.203C. 32 45 2B. a. The department shall notissueapprove an 32 46 application for a permitfor the construction ofto 32 47 construct a confinement feeding operationor a related32 48animal feeding operationstructure unless the 32 49applicantowner of the confinement feeding operation 32 50 applying for approval submitsaan original manure 33 1 management plan together withanthe application for 33 2 the construction permit as provided in section 33 3 455B.200A. 33 4 b. The department shall not file a construction 33 5 design statement as provided in section 455B.200C, 33 6 unless the owner of the confinement feeding operation 33 7 structure submits an original manure management plan 33 8 together with the construction design statement. The 33 9 construction design statement and manure management 33 10 plan may be submitted as part of a construction permit 33 11 as provided in section 455B.200A. 33 12 2C. A manure management plan must be authenticated 33 13 by the person required to submit the manure management 33 14 plan as required by the department in accordance with 33 15 section 455B.200D. 33 16 2D. The department shall approve or disapprove a 33 17 manure management plan according to procedures 33 18 established by the department: 33 19 a. For an original manure management plan 33 20 submitted due to the construction of a confinement 33 21 feeding operation structure, the department shall 33 22 approve or disapprove the manure management plan as 33 23 follows: 33 24 (1) If the confinement feeding operation structure 33 25 is constructed pursuant to a construction permit 33 26 issued pursuant to section 455B.200A, the manure 33 27 management plan shall be approved or disapproved as 33 28 part of the construction permit application. 33 29 (2) If the confinement feeding operation structure 33 30 is not constructed pursuant to a construction permit 33 31 issued pursuant to section 455B.200A, the manure 33 32 management plan shall be approved or disapproved 33 33 within sixty days from the date that the department 33 34 receives the manure management plan. 33 35 b. For an original manure management plan 33 36 submitted for a reason other than the construction of 33 37 a confinement feeding operation structure, the manure 33 38 management plan shall be approved within sixty days 33 39 from the date that the department receives the manure 33 40 management plan. 33 41 c. For an updated manure management plan, the 33 42 manure management plan shall be approved within thirty 33 43 days from the date that the department receives the 33 44 updated manure management plan. 33 45 Sec. 39. Section 455B.203, subsection 3, paragraph 33 46 a, Code 2001, is amended to read as follows: 33 47 a. Restrictions on the application of manure based 33 48 on all of the following: 33 49 (1) Calculations necessary to determine the land 33 50 area required for the application of manure from a 34 1 confinement feeding operation based on nitrogen use 34 2 levels in order to obtain optimum crop yields 34 3 according to a crop schedule specified in the manure 34 4 management plan, and according to requirements adopted 34 5 by the departmentafter receiving recommendations from34 6the animal agriculture consulting organization34 7provided for in 1995 Iowa Acts, chapter 195, section34 837. 34 9 (2) (a) A phosphorus index. The department shall 34 10 establish a phosphorus index by rule in order to 34 11 determine the manner and timing of the application to 34 12 a land area of manure originating from a confinement 34 13 feeding operation. The phosphorus index shall provide 34 14 for the application of manure on a field basis. The 34 15 phosphorus index shall be used to determine 34 16 application rates, based on the number of pounds of 34 17 phosphorus that may be applied per acre and 34 18 application practices. The phosphorus index shall be 34 19 based on the field office technical guide for Iowa as 34 20 published by the United States department of 34 21 agriculture, natural resources conservation service, 34 22 which sets forth nutrient management standards. 34 23 (b) The department shall develop a state 34 24 comprehensive nutrient management strategy. Prior to 34 25 developing the state comprehensive nutrient management 34 26 strategy, the department shall complete all of the 34 27 following: 34 28 (i) The development of a comprehensive state 34 29 nutrient budget for the maximum volume, frequency, and 34 30 concentration of nutrients for each watershed that 34 31 addresses all significant sources of nutrients in a 34 32 water of this state on a watershed basis. 34 33 (ii) The assessment of the available nutrient 34 34 control technologies required to identify and assess 34 35 their effectiveness. 34 36 (iii) The development and adoption of 34 37 administrative rules pursuant to chapter 17A required 34 38 to establish a numeric water quality standard for 34 39 phosphorus. 34 40 (c) Regardless of the development of the state 34 41 comprehensive nutrient management strategy as provided 34 42 in subparagraph subdivision (b), the department shall 34 43 adopt rules required to establish a phosphorus index. 34 44 The department shall cooperate with the United States 34 45 department of agriculture natural resource 34 46 conservation service technical committee for Iowa to 34 47 refine and calibrate the phosphorus index in adopting 34 48 the rules. Rules adopted by the department pursuant 34 49 to this subparagraph shall become effective on July 1, 34 50 2003. 35 1 (d) The department shall conduct a study that 35 2 considers the effects on waters of this state from 35 3 phosphorus originating from municipal and industrial 35 4 sources and from farm and lawn and garden use. The 35 5 department shall report the results of its study to 35 6 the general assembly by January 1, 2004. 35 7 (e) A person submitting a manure management plan 35 8 shall include a phosphorus index as part of the manure 35 9 management plan as follows: 35 10 (i) A person who has submitted an original manure 35 11 management plan prior to April 1, 2002, shall not be 35 12 required to submit a manure management plan update 35 13 which includes a phosphorus index, until on and after 35 14 the four-year anniversary date that the department's 35 15 rules adopted to implement the phosphorus index become 35 16 effective. 35 17 (ii) A person required to submit an original 35 18 manure management plan on and after April 1, 2002, but 35 19 prior to the date that is sixty days after the 35 20 department's rules adopted to implement the phosphorus 35 21 index become effective, shall not be required to 35 22 submit a manure management plan update that includes a 35 23 phosphorus index until on and after the two-year 35 24 anniversary date that the department's rules adopted 35 25 to implement the phosphorus index become effective. 35 26 (iii) A person required to submit an original 35 27 manure management plan on and after the date that is 35 28 sixty days after the department's rules adopted to 35 29 implement the phosphorus index become effective shall 35 30 include the phosphorus index as part of the original 35 31 manure management plan and updated manure management 35 32 plans. 35 33 Subparagraph subdivisions (b) through (e) and this 35 34 paragraph are repealed on the date that any person who 35 35 has submitted an original manure management plan prior 35 36 to April 1, 2002, is required to submit a manure 35 37 management plan update which includes a phosphorus 35 38 index as provided in subparagraph subdivision (c), 35 39 subparagraph subdivision part (i). The department 35 40 shall publish a notice in the Iowa administrative 35 41 bulletin published immediately prior to that date, and 35 42 the director of the department shall deliver a copy of 35 43 the notice to the Iowa Code editor. 35 44 Sec. 40. Section 455B.203, subsection 4, Code 35 45 2001, is amended to read as follows: 35 46 4. Apersonconfinement feeding operation 35 47 classified as a habitual violatoror a confinement35 48feeding operation in which a habitual violator owns a35 49controlling interest,as provided in section 455B.191,35 50 shall submit a manure management plan to the 36 1 department on an annual basis, which must be approved 36 2 by the department for the following year of operation. 36 3 The manure management plan shall be a replacement 36 4 original manure management plan rather than a manure 36 5 management plan update. However, the habitual 36 6 violator required to submit a replacement original 36 7 manure management plan must submit an annual 36 8 compliance fee in the same manner as if the habitual 36 9 violator were submitting an updated manure management 36 10 plan. 36 11 Sec. 41. Section 455B.203, subsection 7, Code 36 12 2001, is amended to read as follows: 36 13 7. A personsubmittingrequired to authenticate a 36 14 manure management plan submitted to the department who 36 15 is found in violation of the terms and conditions of 36 16 the plan shall not be subject to an enforcement action 36 17 other than the assessment of a civil penalty pursuant 36 18 to section455B.191455B.207. 36 19 Sec. 42. Section 455B.203A, subsection 6, 36 20 paragraph b, Code 2001, is amended by striking the 36 21 paragraph. 36 22 Sec. 43. NEW SECTION. 455B.203C COMPLIANCE FEES. 36 23 1. The department shall establish, assess, and 36 24 collect all of the following compliance fees: 36 25 a. A construction permit application fee that is 36 26 required to accompany an application submitted to the 36 27 department for approval to construct a confinement 36 28 feeding operation structure as provided in section 36 29 455B.200A. The amount of the construction permit 36 30 application fee shall not exceed two hundred fifty 36 31 dollars. 36 32 b. A manure management plan filing fee that is 36 33 required to accompany an original manure management 36 34 plan submitted to the department for approval as 36 35 provided in section 455B.203. However, the manure 36 36 management plan required to be filed as part of an 36 37 application for a construction permit shall be paid 36 38 together with the construction permit application fee. 36 39 The amount of the manure management plan filing fee 36 40 shall not exceed two hundred fifty dollars. 36 41 c. An annual compliance fee that is required to 36 42 accompany an updated manure management plan submitted 36 43 to the department for approval as provided in section 36 44 455B.203. The amount of the annual compliance fee 36 45 shall not exceed a rate of fifteen cents per animal 36 46 unit based on the animal unit capacity of the 36 47 confinement feeding operation covered by the manure 36 48 management plan. If the person submitting the manure 36 49 management plan is a contract producer, as provided in 36 50 chapter 202, the active contractor shall be assessed 37 1 the annual compliance fee. 37 2 d. Fees paid by persons required by the department 37 3 to be certified as commercial manure applicators or 37 4 confinement site manure applicators pursuant to 37 5 section 455B.203A. 37 6 2. a. Except as provided in paragraph "b", fees 37 7 collected by the department shall be deposited into 37 8 the animal agriculture compliance fund created in 37 9 section 455B.127. Moneys collected from all fees 37 10 other than the annual compliance fee shall be 37 11 deposited into the compliance fund's general account. 37 12 Moneys collected from the annual compliance fee shall 37 13 be deposited into the compliance fund's assessment 37 14 account. 37 15 b. Receipts that are required to be received by 37 16 the department from persons required to be certified 37 17 pursuant to section 455B.203A may be used to 37 18 compensate a person who teaches continuing 37 19 instructional courses in lieu of deposit into the 37 20 compliance fund. 37 21 3. At the end of each fiscal year the department 37 22 shall determine the balance of unencumbered and 37 23 unobligated moneys in the assessment account of the 37 24 animal agriculture compliance fund created pursuant to 37 25 section 455B.127. If on that date the balance of 37 26 unencumbered and unobligated moneys in the account is 37 27 one million dollars or more, the department shall 37 28 adjust the rate of the annual compliance fee for the 37 29 following fiscal year. The adjusted rate for the 37 30 annual compliance fee shall be based on the 37 31 department's estimate of the amount required to ensure 37 32 that at the end of the following fiscal year the 37 33 balance of unencumbered and unobligated moneys in the 37 34 assessment account is not one million dollars or more. 37 35 Sec. 44. Section 455B.204, subsection 1, Code 37 36 2001, is amended by striking the subsection. 37 37 Sec. 45. Section 455B.204, subsections 2 through 37 38 4, Code 2001, are amended to read as follows: 37 39 2. Except as provided in subsection34, the 37 40 following shall apply: 37 41 a.An animalA confinement feeding operation 37 42 structure shall not be constructed closer than five 37 43 hundred feet away fromathe surface intake,of an 37 44 agricultural drainage well. A confinement feeding 37 45 operation structure shall not be constructed closer 37 46 than one thousand feet from a wellhead,orcistern of 37 47 an agricultural drainage well, or known sinkhole. 37 48 However, the department may adopt rules requiring an 37 49 increased separation distance under this paragraph in 37 50 order to protect the integrity of a water of this 38 1 state. The increased separation distance shall not be 38 2 more than two thousand feet. If the department 38 3 exercises its discretion to increase the separation 38 4 distance requirement, the department shall not approve 38 5 an application for the construction of a confinement 38 6 feeding operation structure within that separation 38 7 distance as provided in section 455B.200A. 38 8 b.An animalA confinement feeding operation 38 9 structure shall not be constructed if theanimal38 10 confinement feeding operation structure as constructed 38 11 is closer than any of the following: 38 12 (1)TwoFive hundred feet away from awatercourse38 13 water source other than a major water source. 38 14 (2)Five hundredOne thousand feet away from a 38 15 major water source. 38 16 (3) Two thousand five hundred feet away from a 38 17 designated wetland. 38 18 c. (1) Awatercoursewater source, other than a 38 19 major water source, shall not be constructed, 38 20 expanded, or diverted, if thewatercoursewater source 38 21 as constructed, expanded, or diverted is closer than 38 22twofive hundred feet away froman animala 38 23 confinement feeding operation structure. 38 24d.(2) A major water source shall not be 38 25 constructed, expanded, or diverted, if the major water 38 26 source as constructed, expanded, or diverted is closer 38 27 thanfive hundredone thousand feet froman animal38 28feedinga confinement operation structure. 38 29 (3) A designated wetland shall not be established, 38 30 if the designated wetland is closer than two thousand 38 31 five hundred feet away from a confinement feeding 38 32 operation structure. 38 33 3. A confinement feeding operation structure shall 38 34 not be constructed on land that is part of a one 38 35 hundred year floodplain as designated by rules adopted 38 36 by the department pursuant to section 455B.200B. 38 373.4. A separation distance required in subsection 38 38 2 shall not apply to any of the following: 38 39 a. A location or object and a farm pond or 38 40 privately owned lake, as defined in section 462A.2. 38 41 b. A confinement feeding operation building, an 38 42 egg washwater storage structure, or a manure storage 38 43 structure constructed with a secondary containment 38 44 barrier. The department shall adopt rules providing 38 45 for the construction and use of a secondary 38 46 containment barrier, including construction design 38 47 standards. 38 484. All distances between locations or objects38 49shall be measured from their closest points, as38 50provided by rules adopted by the department.39 1 Sec. 46. Section 455B.204A, Code 2001, is amended 39 2 to read as follows: 39 3 455B.204ADISPOSALAPPLICATION OF MANURE WITHIN 39 4 DESIGNATED AREAS ADOPTION OF RULES. 39 5 1. The department shall adopt rules relating to 39 6 thedisposalapplication of manure in close proximity 39 7 to a designated area. 39 8 2.AExcept as otherwise provided in this 39 9 subsection, a person shall notdispose ofapply manure 39 10 oncroplandland located within two hundred feet from 39 11 a designated area, unless one of the following 39 12 applies: 39 131.a. The manure is land applied by injection or 39 14 incorporationwithin twenty-four hours following the39 15applicationon the same date as the manure was land 39 16 applied. 39 172.b. An area of permanent vegetation cover, 39 18 including filter strips and riparian forest buffers, 39 19 exists for fifty feet surrounding the designated area 39 20 other than an unplugged agricultural drainage well or 39 21 surface intake to an unplugged agricultural drainage 39 22 well, andthatthe area of permanent vegetation cover 39 23 is not subject to manure application. 39 24 c. The department adopts rules requiring an 39 25 increased separation distance for the application of 39 26 manure located in proximity to a high quality water 39 27 resource in order to protect the integrity of the high 39 28 quality water resource. However, the department shall 39 29 not provide for an increased separation distance 39 30 requirement that is more than four times the 39 31 separation distance requirement otherwise applicable 39 32 under this section. 39 33 As used in this section, "designated area" means a 39 34 known sinkhole, or a cistern, abandoned well, 39 35 unplugged agricultural drainage well, agricultural 39 36 drainage well surface inlet, drinking water well, 39 37 designated wetland, orlake, or a farm pond or39 38privately owned lake as defined in section 462A.239 39 water source. However, a "designated area" does not 39 40 include a terrace tile inlet. 39 41 Sec. 47. Section 455B.205, subsection 1, Code 39 42 2001, is amended to read as follows: 39 43 1. The department shallestablish by rule39 44engineeringadopt rules requiring construction design 39 45 standards forthe construction ofunformed manure 39 46 storage structures required to be constructed pursuant 39 47 to a construction permit issuedunderpursuant to 39 48 section 455B.200A. 39 49 Sec. 48. Section 455B.205, subsection 2, 39 50 unnumbered paragraph 1, Code 2001, is amended to read 40 1 as follows: 40 2 The construction design standards for unformed 40 3 manure storage structures established by the 40 4 department shall account for special design 40 5 characteristics ofanimalconfinement feeding 40 6 operations, including all of the following: 40 7 Sec. 49. Section 455B.205, Code 2001, is amended 40 8 by adding the following new subsection: 40 9 NEW SUBSECTION. 2A. A person shall not construct 40 10 an unformed manure storage structure on karst terrain 40 11 or on an area that drains into a known sinkhole. 40 12 Sec. 50. NEW SECTION. 455B.205A CONSTRUCTION 40 13 DESIGN STANDARDS FORMED MANURE STORAGE STRUCTURES. 40 14 The department shall adopt rules establishing 40 15 construction design standards for formed manure 40 16 storage structures that are part of confinement 40 17 feeding operations other than small animal feeding 40 18 operations. 40 19 1. The department may provide for different 40 20 standards based on criteria developed by the 40 21 department, which may include any of the following: 40 22 a. The animal unit capacity of the manure storage 40 23 structure's confinement feeding operation or the 40 24 manure storage structure's manure volume capacity. 40 25 b. Whether the manure storage structure stores 40 26 manure in an exclusively dry form. 40 27 c. Whether the manure storage structure is part of 40 28 a confinement feeding operation building. 40 29 d. The use of concrete, including its use for the 40 30 structure's footings, walls, or floor. 40 31 2. The construction design standards shall be 40 32 based, to every extent possible, on uniform standards 40 33 such as available standards promulgated by the 40 34 American society for testing and materials. The 40 35 department may require that all or any part of a 40 36 formed manure storage structure be constructed of 40 37 concrete. 40 38 3. The construction design standards for concrete 40 39 shall provide for all of the following: 40 40 a. The concrete's minimum compressive strength 40 41 calculated on a pounds-per-square-inch basis. 40 42 b. The use of reinforcement, including but not 40 43 limited to the grade, amount, and location of steel 40 44 rebar or fiberglass, wire mesh or fabric, or similar 40 45 materials set in the concrete, or the use of exterior 40 46 braces to support joints. 40 47 c. The depth of footings. 40 48 d. The thickness of the footings, the floor and 40 49 walls. 40 50 4. A person shall only construct a formed manure 41 1 storage structure on karst terrain or an area which 41 2 drains into a known sinkhole pursuant to upgraded 41 3 construction design standards necessary to ensure that 41 4 the structure does not pollute groundwater sources. 41 5 Sec. 51. NEW SECTION. 455B.207 CIVIL PENALTY. 41 6 A person who violates this subpart shall be subject 41 7 to a civil penalty which shall be established, 41 8 assessed, and collected in the same manner as provided 41 9 in section 455B.191. Any civil penalty collected 41 10 shall be deposited in the animal agriculture 41 11 compliance fund created in section 455B.127. 41 12 Sec. 52. Section 455I.1, unnumbered paragraph 1, 41 13 Code 2001, is amended by striking the unnumbered 41 14 paragraph. 41 15 Sec. 53. Section 455J.1, subsections 1 through 5 41 16 and subsections 7 and 8, Code 2001, are amended by 41 17 striking the subsections. 41 18 Sec. 54. Section 455J.3, subsection 1, 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 of less thansix hundred twenty-41 22five thousand poundsone thousand animal units, the 41 23 following shall apply: 41 24 Sec. 55. Section 455J.3, subsection 2, unnumbered 41 25 paragraph 1, Code 2001, is amended to read as follows: 41 26 If the confinement feeding operation has an animal 41 27weightunit capacity ofsix hundred twenty-five41 28thousandone thousand or morepoundsanimal units but 41 29 less thanone million two hundred fifty thousand41 30poundsthree thousand animal units, the following 41 31 shall apply: 41 32 Sec. 56. Section 455J.3, subsection 3, unnumbered 41 33 paragraph 1, Code 2001, is amended to read as follows: 41 34 If the confinement feeding operation has an animal 41 35weightunit capacity ofone million two hundred fifty41 36thousandthree thousand or morepoundsanimal units, 41 37 the following shall apply: 41 38 Sec. 57. Section 455J.4, Code 2001, is amended to 41 39 read as follows: 41 40 455J.4 MANURE MANAGEMENT PLAN INDEMNITY FEE 41 41 REQUIRED. 41 42 An indemnity fee shall be assessed upon persons 41 43 required to submitaan original manure management 41 44 plan as provided in section 455B.203, but not required 41 45 to obtain a construction permit pursuant to section 41 46 455B.200A. A person required to submit a replacement 41 47 original manure management plan shall not be assessed 41 48 an indemnity fee. The amount of thefeesfee shall be 41 49 ten cents per animal unit of capacity for the 41 50 confinement feedingoperationsoperation covered by 42 1 the manure management plan. 42 2 Sec. 58. NEW SECTION. 481A.151 RESTITUTION FOR 42 3 POLLUTION CAUSING INJURY TO WILD ANIMALS. 42 4 1. A person who is liable for polluting a water of 42 5 this state in violation of state law, including this 42 6 chapter, shall also be liable to pay restitution to 42 7 the department for injury caused to a wild animal by 42 8 the pollution. The amount of the restitution shall 42 9 also include the department's administrative costs for 42 10 investigating the incident. The administration of 42 11 this section shall not result in a duplication of 42 12 damages collected by the department under section 42 13 455B.392, subsection 1, paragraph "c". 42 14 2. The commission shall adopt rules providing for 42 15 procedures for investigations and the administrative 42 16 assessment of restitution amounts. The rules shall 42 17 establish an opportunity to appeal a departmental 42 18 action including by a contested case proceeding under 42 19 chapter 17A. A final administrative decision 42 20 assessing an amount of restitution may be enforced by 42 21 the attorney general at the request of the director. 42 22 3. Rules adopted by the commission shall provide 42 23 for methods used to determine the extent of an injury 42 24 and the monetary values for the loss of injured wild 42 25 animals based on species. 42 26 a. The rules shall provide for methods used to 42 27 count dead fish and to calculate restitution values. 42 28 The rules may incorporate methods and values published 42 29 by the American fisheries society. To every extent 42 30 practicable, the values shall be based on the 42 31 estimates of lost recreational angler opportunities 42 32 where applicable. As an alternative method of 42 33 valuation, the rules may provide that for fish species 42 34 that are protected by catch limits, possession limits, 42 35 size limits, or closed seasons applicable to anglers, 42 36 liquidated damages apply. The amount of the 42 37 liquidated damages shall not exceed fifteen dollars 42 38 per fish. For fish species that are classified by the 42 39 commission as endangered or threatened, the rules may 42 40 establish liquidated damages not to exceed one 42 41 thousand dollars per fish. 42 42 b. The rules shall provide guidelines for 42 43 estimating the extent of loss of a species that is 42 44 affected by a pollution incident but which would not 42 45 be practical to count in sample areas. The rules may 42 46 establish liquidated damage amounts for species whose 42 47 replacement cost is difficult to determine. 42 48 4. Moneys collected by the department in 42 49 restitution shall be deposited into the state fish and 42 50 game protection fund. The moneys shall be used 43 1 exclusively to support restoration or improvement of 43 2 fisheries, including but not limited to aquatic 43 3 habitat improvement projects as provided in rules 43 4 adopted by the commission. However, moneys collected 43 5 from restitution paid for investigative costs shall be 43 6 used as determined by the director. 43 7 Sec. 59. MANURE STORAGE INDEMNITY FUND 43 8 TEMPORARY TRANSFER. Notwithstanding section 455J.2, 43 9 the department is authorized to temporarily transfer 43 10 any amount of the unobligated and unencumbered balance 43 11 of the manure storage indemnity fund as provided under 43 12 section 455J.2 to the general account of the animal 43 13 agriculture compliance fund as created in section 43 14 455B.127, as enacted in this Act, for use as provided 43 15 in section 455B.127. The department shall return the 43 16 amount transferred under this section to the manure 43 17 storage indemnity fund according to a schedule 43 18 established by the department upon the collection of 43 19 compliance fees deposited into the animal agriculture 43 20 compliance fund pursuant to section 455B.203C. 43 21 Notwithstanding section 455B.127, the department may 43 22 return moneys from the assessment account of the 43 23 animal agriculture compliance fund to the manure 43 24 storage indemnity fund if at any time moneys are not 43 25 sufficiently available to make the return from the 43 26 general account of the animal agriculture compliance 43 27 fund. 43 28 Sec. 60. FORMED MANURE STORAGE STRUCTURES 43 29 CONSTRUCTION DESIGN STANDARDS. Until the effective 43 30 date of rules adopted by the department providing 43 31 construction design standards for formed manure 43 32 storage structures as provided in section 455B.205A, 43 33 as enacted in this Act, the department's rules 43 34 providing construction design standards used in the 43 35 construction of formed manure storage structures shall 43 36 apply to formed manure storage structures as provided 43 37 in section 455B.205A, regardless of whether a formed 43 38 manure storage structure must be constructed pursuant 43 39 to a permit issued under section 455B.200A, as amended 43 40 by this Act. However, this section does not apply to 43 41 a manure storage structure that stores manure 43 42 exclusively on a dry-matter basis. 43 43 Sec. 61. INTERIM APPROVAL OF CONSTRUCTION PERMITS 43 44 FOR CONFINEMENT FEEDING OPERATION STRUCTURES COUNTY 43 45 PARTICIPATION AND RIGHTS OF APPLICANTS AND COUNTY 43 46 BOARDS OF SUPERVISORS. This section applies to an 43 47 applicant for a construction permit pursuant to 43 48 section 455B.200A, as amended by this Act, and to a 43 49 county board of supervisors that submits comments 43 50 regarding a permit for the construction of a 44 1 confinement feeding operation structure pursuant to 44 2 section 455B.200A, as amended by this Act. 44 3 Notwithstanding section 455B.200E, as enacted in this 44 4 Act, all of the following shall apply: 44 5 1. The department shall not approve the 44 6 application until thirty days following delivery of 44 7 the application to the county board of supervisors. 44 8 2. The department shall consider and respond to 44 9 comments submitted by the county board of supervisors 44 10 regarding compliance by the applicant with the legal 44 11 requirements for approving the construction permit in 44 12 the same manner as provided pursuant to section 44 13 455B.200A, Code of Iowa 2001. 44 14 3. The department shall notify the county board of 44 15 supervisors prior to conducting an inspection of the 44 16 site on which the construction is proposed in the 44 17 permit application, and the county may accompany a 44 18 departmental official during the site inspection, in 44 19 the same manner as provided in section 455B.200A, Code 44 20 of Iowa 2001. 44 21 4. Upon written request by a county resident, the 44 22 county board of supervisors shall forward a copy of 44 23 the board's comments and the department's responses to 44 24 the county resident as provided in chapter 22. 44 25 5. The department shall notify the applicant and 44 26 county board of supervisors of the county in which a 44 27 confinement feeding operation structure subject to a 44 28 construction permit is proposed to be constructed. 44 29 The notice shall state the department's decision to 44 30 approve or disapprove an application for the 44 31 construction permit which shall be delivered to the 44 32 applicant and board in the same manner as provided for 44 33 counties in section 455B.200A, Code of Iowa 2001. The 44 34 applicant may contest the department's decision by 44 35 filing a demand for a hearing before an administrative 44 36 law judge or the environmental protection commission. 44 37 The board may contest the department's decision by 44 38 filing a demand for a hearing before the commission. 44 39 The applicant shall contest the decision and the 44 40 commission shall conduct the proceeding and render a 44 41 decision in the same manner as provided in section 44 42 455B.200E, as enacted by this Act. 44 43 Sec. 62. ESTABLISHMENT OF A MASTER MATRIX 44 44 TECHNICAL ADVISORY COMMITTEE. 44 45 1. The department of natural resources shall adopt 44 46 rules establishing a master matrix as required 44 47 pursuant to section 455B.200F according to 44 48 recommendations made to the department by a technical 44 49 advisory committee established pursuant to this 44 50 section. The technical advisory committee shall be 45 1 composed of all of the following: 45 2 a. A designee of the secretary of agriculture. 45 3 b. A designee of the director of the department of 45 4 natural resources. 45 5 c. A designee of the president of the university 45 6 of Iowa. 45 7 d. A designee of the president of Iowa state 45 8 university. 45 9 e. A representative of the Iowa environmental 45 10 council. 45 11 f. A representative of the Iowa state association 45 12 of counties. 45 13 g. A representative of the Iowa farm bureau 45 14 federation. 45 15 h. A representative of the Iowa's farmers union. 45 16 i. Two representatives of organizations 45 17 representing livestock producers who shall be jointly 45 18 designated to the department of natural resources by 45 19 the Iowa pork producers association, the Iowa 45 20 cattlemens' association, the Iowa dairy products 45 21 association, the Iowa poultry association, and the 45 22 Iowa turkey federation. 45 23 The department of natural resources shall provide 45 24 administrative support to the committee. The attorney 45 25 general shall appoint an assistant attorney general to 45 26 provide the committee with legal counsel and 45 27 assistance. 45 28 2. In establishing the scoring system for the 45 29 master matrix, only positive points shall be used. 45 30 The master matrix shall be designed as a menu of items 45 31 with positive points assigned to each item within the 45 32 selection list. The matrix shall not include any 45 33 deduction of points. 45 34 3. The department shall adopt rules pursuant to 45 35 chapter 17A in order to carry out the requirements of 45 36 this section. Based on the committee's 45 37 recommendations to establish a master matrix, the 45 38 department shall provide a draft of a notice of 45 39 intended action to the environmental protection 45 40 commission not later than during its September 2002 45 41 meeting. The department's notice of intended action 45 42 shall not be published later than in the November 27, 45 43 2002, issue of the Iowa administrative bulletin. The 45 44 notice of intended action required under this section 45 45 shall include a statement of the terms or substance of 45 46 the intended action in the manner provided for in 45 47 section 17A.4. The rules shall take effect on March 45 48 1, 2003. 45 49 Sec. 63. DEPARTMENT OF NATURAL RESOURCES 45 50 APPROVAL OF APPLICATIONS FOR CONSTRUCTION PERMITS 46 1 USING INTERIM MATRIX. 46 2 1. Notwithstanding sections 455B.200A and 46 3 455B.200F, the department shall approve or disapprove 46 4 an application for a permit to construct a confinement 46 5 feeding operation structure pursuant to section 46 6 455B.200A, if an application is submitted according to 46 7 procedures required by the department, the application 46 8 meets standards established under chapter 455B, as 46 9 amended by this Act, and the application complies with 46 10 the requirements of this section. This section does 46 11 not apply to the expansion of a confinement feeding 46 12 operation that includes a confinement feeding 46 13 operation structure constructed prior to April 1, 46 14 2002, due to the construction or expansion of a 46 15 confinement feeding operation structure if after the 46 16 expansion of the confinement feeding operation, its 46 17 animal unit capacity is one thousand six hundred 46 18 sixty-six animal units or less. 46 19 2. This section applies on and after the date that 46 20 the department publishes a notice in the Iowa 46 21 administrative bulletin commencing its evaluation of 46 22 applications under this section. 46 23 3. The department shall approve or disapprove an 46 24 application based on an interim matrix. The interim 46 25 matrix shall be used to award points as provided in 46 26 this subsection. In order to be issued a construction 46 27 permit, a person must achieve one hundred points. The 46 28 points shall be awarded as follows: 46 29 a. The following criteria shall apply to 46 30 separation distances. The separation distances 46 31 provided in this paragraph shall apply in addition to 46 32 separation distances required for confinement feeding 46 33 operation structures or for the application of manure 46 34 originating from confinement feeding operations as 46 35 provided in chapter 455B, divisions II and III, as 46 36 provided in the 2001 Code of Iowa, unless otherwise 46 37 provided in this paragraph "a". 46 38 (1) The following criteria shall apply to require 46 39 additional separation distances between a proposed 46 40 confinement feeding operation structure and a 46 41 residence not owned by the owner of the confinement 46 42 feeding operation, a commercial enterprise, a bona 46 43 fide religious institution, or an educational 46 44 institution as provided in section 455B.162: 46 45 (a) Two hundred fifty or more feet but less than 46 46 five hundred feet: five points. 46 47 (b) Five hundred or more feet but less than seven 46 48 hundred fifty feet: ten points. 46 49 (c) Seven hundred fifty or more feet but less than 46 50 one thousand feet: fifteen points. 47 1 (d) One thousand or more feet but less than one 47 2 thousand two hundred fifty feet: twenty points. 47 3 (e) One thousand two hundred fifty or more feet: 47 4 twenty-five points. 47 5 (2) The following criteria shall apply to require 47 6 additional separation distances between a proposed 47 7 confinement feeding operation structure and a public 47 8 use area as provided in section 455B.162 or a primary 47 9 highway as defined in section 306C.10: 47 10 (a) Two hundred fifty or more feet but less than 47 11 five hundred feet: five points. 47 12 (b) Five hundred or more feet but less than seven 47 13 hundred fifty feet: ten points. 47 14 (c) Seven hundred fifty or more feet but less than 47 15 one thousand feet: fifteen points. 47 16 (d) One thousand or more feet but less than one 47 17 thousand two hundred fifty feet: twenty points. 47 18 (e) One thousand two hundred fifty or more feet: 47 19 twenty-five points. 47 20 (3) The following criteria shall apply to require 47 21 additional separation distances between a proposed 47 22 confinement feeding operation structure and a major 47 23 water source as provided in section 455B.204 or a 47 24 high-quality water resource as defined in section 47 25 455B.200B, as enacted in this Act: 47 26 (a) Two hundred fifty or more feet but less than 47 27 five hundred feet: five points. 47 28 (b) Five hundred or more feet but less than seven 47 29 hundred fifty feet: ten points. 47 30 (c) Seven hundred fifty or more feet but less than 47 31 one thousand feet: fifteen points. 47 32 (d) One thousand or more feet but less than one 47 33 thousand two hundred fifty feet: twenty points. 47 34 (e) One thousand two hundred fifty or more feet: 47 35 twenty-five points. 47 36 (4) The following criteria shall apply to require 47 37 additional separation distances between a proposed 47 38 confinement feeding operation structure and a critical 47 39 public area as defined in section 455B.200B, 47 40 subsection 6, as enacted by this Act: 47 41 (a) One thousand or more feet but less than one 47 42 thousand two hundred fifty feet: twenty points. 47 43 (b) One thousand two hundred fifty or more feet: 47 44 twenty-five points. 47 45 (5) The following criteria shall apply to require 47 46 an additional separation distance of five hundred or 47 47 more feet between a proposed confinement feeding 47 48 operation structure and a watercourse, other than a 47 49 major water source, as provided in section 455B.204: 47 50 five points. 48 1 (6) The following criteria shall apply to require 48 2 additional separation distances between the 48 3 application of manure originating from a confinement 48 4 feeding operation and a residence not owned by the 48 5 owner of the confinement feeding operation, or a 48 6 commercial enterprise, bona fide religious 48 7 institution, or an educational institution as provided 48 8 in section 455B.162: 48 9 (a) Two hundred fifty or more feet but less than 48 10 five hundred feet: five points. 48 11 (b) Five hundred or more feet but less than seven 48 12 hundred fifty feet: ten points. 48 13 (c) Seven hundred fifty or more feet but less than 48 14 one thousand feet: fifteen points. 48 15 (d) One thousand or more feet but less than one 48 16 thousand two hundred fifty feet: twenty points. 48 17 (e) One thousand two hundred fifty or more feet: 48 18 twenty-five points. 48 19 An applicant who incorporates manure by injection 48 20 shall be entitled to the following: fifteen points. 48 21 (7) The following criteria shall apply to require 48 22 an additional separation distance between the 48 23 application of manure originating from a confinement 48 24 feeding operation and a public use area as provided in 48 25 section 455B.162 or a primary highway as defined in 48 26 section 306C.10: 48 27 (a) Two hundred fifty or more feet but less than 48 28 five hundred feet: five points. 48 29 (b) Five hundred or more feet but less than seven 48 30 hundred fifty feet: ten points. 48 31 (c) Seven hundred fifty or more feet but less than 48 32 one thousand feet: fifteen points. 48 33 (d) One thousand or more feet but less than one 48 34 thousand two hundred fifty feet: twenty points. 48 35 (e) One thousand two hundred fifty or more feet: 48 36 twenty-five points. 48 37 An applicant who incorporates manure by injection 48 38 shall be entitled to the following: fifteen points. 48 39 (8) The following criteria shall apply to require 48 40 additional separation distances between the 48 41 application of manure originating from a confinement 48 42 feeding operation and a critical public area as 48 43 defined in section 455B.200B, subsection 6, as enacted 48 44 in this Act: 48 45 (a) One thousand or more feet but less than one 48 46 thousand two hundred fifty feet: twenty points. 48 47 (b) One thousand two hundred fifty or more feet: 48 48 twenty-five points. 48 49 (9) The following criteria shall apply to require 48 50 additional separation distances between the 49 1 application of manure originating from a confinement 49 2 feeding operation and a major water source: 49 3 (a) One thousand or more feet but less than one 49 4 thousand two hundred fifty feet: twenty points. 49 5 (b) One thousand two hundred fifty or more feet: 49 6 twenty-five points. 49 7 (10) The following criteria shall apply to require 49 8 additional separation distances between the 49 9 application of manure originating from a confinement 49 10 feeding operation and a high-quality water resource as 49 11 defined in section 455B.200B, as enacted in this Act: 49 12 (a) Five hundred or more feet but less than seven 49 13 hundred fifty feet: ten points. 49 14 (b) Seven hundred fifty or more feet but less than 49 15 one thousand feet: fifteen points. 49 16 (c) One thousand or more feet but less than one 49 17 thousand two hundred fifty feet: twenty points. 49 18 (d) One thousand two hundred fifty or more feet: 49 19 twenty-five points. 49 20 (11) The following points shall be awarded if an 49 21 additional separation distance is required for the 49 22 application of manure originating from a confinement 49 23 feeding operation and a watercourse other than a major 49 24 water source as provided in section 455B.204: five 49 25 points. 49 26 b. The following points shall be awarded if a 49 27 confinement feeding operation is located on land owned 49 28 or operated by the same family for three or more 49 29 years: fifteen points. 49 30 c. The following points shall be awarded if the 49 31 owner of the confinement feeding operation owns the 49 32 animals maintained by the confinement feeding 49 33 operation and provides substantial labor in providing 49 34 for their maintenance: ten points. 49 35 d. The following criteria shall apply to a 49 36 confinement feeding operation located on land owned by 49 37 one of the following persons: 49 38 (1) A person who resides on the land: five 49 39 points. 49 40 (2) A person who closest resides to the proposed 49 41 confinement feeding operation structure: ten points. 49 42 (3) A person who performs the majority of the 49 43 physical work which significantly contributes to the 49 44 operation: ten points. 49 45 (4) A person who is involved in making substantial 49 46 improvements to the confinement feeding operation, if 49 47 the improvements do not provide for expansion by more 49 48 than one hundred fifty percent of the animal unit 49 49 capacity of the confinement feeding operation: ten 49 50 points. 50 1 (5) A person who qualifies as a beginning farmer 50 2 as defined in section 175.2: fifteen points. 50 3 e. The following criteria shall apply to an owner 50 4 of a confinement feeding operation who provides for 50 5 the following manure management practices: 50 6 (1) The incorporation of manure within twenty-four 50 7 hours: five points. 50 8 (2) The use of a cover over a manure storage 50 9 structure or a natural crust or oil sprinkling: five 50 10 points. 50 11 (3) Participation in the United States department 50 12 of agriculture natural resource and conservation 50 13 program referred to as the "filter strip program at 33 50 14 feet": ten points. 50 15 (4) The installation of a filter designed to 50 16 reduce odors from exhaust fans: ten points. 50 17 (5) The utilization of feed or feed additives 50 18 containing low phytase corn or the feeding of phytase: 50 19 ten points. 50 20 (6) The utilization of a biofilter or impermeable 50 21 cover: ten points. 50 22 (7) The utilization of a methane digester 50 23 (recovery) system for energy or an anaerobic digester: 50 24 twenty-five points. 50 25 (8) The utilization of landscaping or other 50 26 similar controls approved by the department: ten 50 27 points. 50 28 (9) The establishment or expansion of a filter 50 29 strip from thirty-three feet or more up to one hundred 50 30 twenty feet: fifteen points. 50 31 (10) The construction of a secondary containment 50 32 structure: fifteen points. 50 33 (11) The construction of a manure storage 50 34 structure beneath a confinement feeding operation 50 35 structure building: ten points. 50 36 (12) Participation in the United States department 50 37 of agriculture natural resource and conservation 50 38 service program referred to as the "contour buffer 50 39 strip program": twenty-five points. 50 40 f. The following points shall be awarded if the 50 41 confinement feeding operation provides for the 50 42 distribution of bulk dry animal nutrient products, the 50 43 person receiving the product agrees that the product 50 44 will be incorporated, and the person who incorporates 50 45 the manure includes the condition as part of the 50 46 person's manure management plan: twenty-five points. 50 47 Sec. 64. 1995 Iowa Acts, chapter 195, section 37, 50 48 as amended by 1998 Iowa Acts, chapter 1209, section 50 49 40, is repealed. 50 50 Sec. 65. INTERIM APPROVAL OF APPLICATIONS FOR 51 1 CONSTRUCTION PERMITS REPEAL. The section of this 51 2 Act providing for the interim approval of applications 51 3 for construction permits by the department of natural 51 4 resources is repealed March 1, 2003. 51 5 Sec. 66. INTERIM COUNTY PARTICIPATION REPEAL. The 51 6 section of this Act providing for interim county 51 7 participation in the approval of construction permits 51 8 for confinement feeding operation structures is 51 9 repealed March 1, 2003, and the rights of applicants' 51 10 boards of supervisors to contest departmental 51 11 decisions. However, the provisions of the section 51 12 shall continue to apply to applications received by a 51 13 county board of supervisors prior to March 1, 2003. 51 14 DIVISION II 51 15 DIRECTIONS TO CODE EDITOR, 51 16 CHANGE THE NAME OF TERMS AND 51 17 TRANSFER TO NEW TITLE 51 18 Sec. 67. CHANGE OF NAME OF TERMS. 51 19 1. The Code editor is directed to change the term 51 20 "animal feeding operation structure" or "an animal 51 21 feeding operation structure" to "confinement feeding 51 22 operation structure" or "a confinement feeding 51 23 operation structure" wherever the term appears in 51 24 section 455B.161A, subsection 2, Code 2001; section 51 25 455B.162, subsection 3, Code 2001; section 455B.163, 51 26 subsection 3, paragraph "d", Code 2001; section 51 27 455B.165, subsection 3, paragraph "b", and subsections 51 28 6 and 8, Code 2001; section 455B.200B, subsection 2, 51 29 Code 2001; and section 455B.202, subsection 2, 51 30 paragraphs "c" and "d", Code 2001. 51 31 2. The Code editor is directed to change the term 51 32 "animal feeding operation structures" to "confinement 51 33 feeding operation structures" wherever the term 51 34 appears in section 455B.161A, subsection 2, paragraph 51 35 "c", Code 2001; section 455B.200B, subsection 2, Code 51 36 2001; and section 455B.162, unnumbered paragraph 1, 51 37 Code 2001. 51 38 3. The Code editor is directed to change the term 51 39 "animal feeding operation" or "an animal feeding 51 40 operation" to "confinement feeding operation" or "a 51 41 confinement feeding operation" wherever it appears in 51 42 section 455B.163, unnumbered paragraph 1, Code 2001; 51 43 section 455B.163, subsection 3, paragraph "c", Code 51 44 2001; section 455B.165, subsection 6, Code 2001; and 51 45 section 455B.205, subsection 3, paragraph "b", Code 51 46 2001. 51 47 4. The Code editor is directed to change the 51 48 phrase "confinement feeding operation structure or 51 49 anaerobic lagoon which is part of a confinement 51 50 feeding operation" to "confinement feeding operation 52 1 structure" wherever the phrase appears in section 52 2 455B.191, subsection 7, Code 2001. 52 3 5. The Code editor is directed to change the 52 4 phrase "an animal feeding operation structure which is 52 5 part of a confinement feeding operation" to "a 52 6 confinement feeding operation structure" wherever the 52 7 phrase appears in section 455B.202, subsection 2, Code 52 8 2001. 52 9 6. The Code editor is directed to change the term 52 10 "bovine" to "cattle" wherever the term appears in Code 52 11 section 455B.162, Code 2001. 52 12 Sec. 68. DIRECTIONS TO THE CODE EDITOR. 52 13 1. The Code editor is directed to transfer and 52 14 consolidate provisions concerning animal agriculture 52 15 into new chapter 456D, consistent with this section 52 16 and the authority of the Code editor pursuant to 52 17 chapter 2B. As part of this transfer and 52 18 consolidation, the Code editor shall divide the 52 19 chapters into subchapters as follows: 52 20 a. Subchapter 1 shall include a new section 52 21 stating the following: This chapter shall be known 52 22 and may be cited as the "Animal Agriculture Compliance 52 23 Act". Section 455B.161, as amended by this Act, shall 52 24 be transferred to subchapter 1. Section 455B.171, 52 25 subsections 7, 33, and 44, shall be transferred and 52 26 consolidated into section 455B.161 as transferred to 52 27 subchapter 1. Section 455J.1, subsections 4, 6, and 52 28 9, shall be transferred and consolidated into section 52 29 455B.161 as transferred to subchapter 1. Section 52 30 455B.200B, subsection 6, as enacted by this Act, shall 52 31 be consolidated into section 455B.161 as transferred 52 32 to subchapter 1. Section 455B.200, as amended by this 52 33 Act, shall also be transferred to subchapter 1. 52 34 b. Chapter 455B, division II, part 2, including 52 35 sections amended or enacted by this Act, with the 52 36 exception of section 455B.164, shall be transferred to 52 37 new chapter 456D, as subchapter 2. 52 38 c. Chapter 455B, division III, part 1, subpart A, 52 39 as enacted in this Act, with the exception of section 52 40 455B.200, as amended by this Act, and section 52 41 455B.207, as enacted by this Act, shall be transferred 52 42 to new chapter 456D, as subchapter 3. 52 43 d. Sections 455B.125 through 455B.127, as enacted 52 44 by this Act, shall be transferred to new chapter 456D, 52 45 as subchapter 4. 52 46 e. Chapter 455J, with the exception of section 52 47 455J.1, shall be transferred to new chapter 456D, as 52 48 subchapter 5. 52 49 f. Section 455B.110, as amended by this Act, is 52 50 transferred to new chapter 456D, as subchapter 6. 53 1 Sections 455B.167, and 455B.207, as enacted by this 53 2 Act; section 455B.191, subsection 7, Code 2001, and 53 3 section 455B.191, subsection 8, as amended by this 53 4 Act; and section 455B.104, subsection 2, are 53 5 transferred as new sections to new subchapter 6. 53 6 2. The Code editor is directed to transfer chapter 53 7 455I to new chapter 456C. Subchapter 1 shall include 53 8 section 455I.1, subsections 1 through 4 and 6 through 53 9 13, Code 2001. Subchapter 2 shall include a new 53 10 section stating the following: As used in this 53 11 subchapter, unless the context otherwise requires, 53 12 "department" means the department of natural 53 13 resources. Subchapter 2 shall include sections 455I.2 53 14 through 455I.7. Subchapter 3 shall include a new 53 15 section stating the following: As used in this 53 16 subchapter, unless the context otherwise requires, 53 17 "department" means the department of agriculture and 53 18 land stewardship. The Code editor is directed to 53 19 transfer sections 159.28 through 159.29B, Code 2001, 53 20 to new chapter 456C, subchapter 3. 53 21 Sec. 69. Section 455B.164, Code 2001, is repealed. 53 22 DIVISION III 53 23 RETROACTIVE APPLICABILITY AND EFFECTIVE DATES 53 24 Sec. 70. RETROACTIVE APPLICATION. 53 25 1. If the provisions of this Act would apply to 53 26 require that a person must be issued a construction 53 27 permit as provided in section 455B.200A, as amended by 53 28 this Act, upon the enactment of this Act, for the 53 29 construction of a confinement feeding operation 53 30 structure, the requirements of section 455B.200A, as 53 31 amended by this Act, shall apply retroactively as 53 32 provided in this section. The provisions of this Act 53 33 shall apply retroactively only if all of the following 53 34 are satisfied: 53 35 a. An application for a permit to construct the 53 36 confinement feeding operation structure was submitted 53 37 to the department on or after April 1, 2002, but prior 53 38 to the enactment of this Act, regardless of whether 53 39 the department has approved the application; a manure 53 40 management plan was submitted to the department 53 41 without a construction permit as provided in 567 IAC 53 42 65.16(2) on or after April 1, 2002, but prior to the 53 43 enactment of this Act regardless of whether the 53 44 department has approved the manure management plan; or 53 45 construction of a confinement feeding operation 53 46 structure has not begun upon the enactment of this Act 53 47 and the person would otherwise be required to submit a 53 48 manure management plan prior to the construction of 53 49 the confinement feeding operation structure as 53 50 provided in section 455B.203, as amended in this Act. 54 1 b. The department has not received evidence that 54 2 an applicant or person submitting or required to 54 3 submit a manure management plan as provided in 54 4 subsection 2, has incurred commitments based on a 54 5 reliance of the law as the law existed on March 31, 54 6 2002. The commitments must constitute a legal 54 7 obligation for performance by the person to construct 54 8 a confinement feeding operation structure. The 54 9 applicant or other person required to submit the 54 10 evidence to the department must submit such evidence 54 11 not later than twenty-one days after the effective 54 12 date of this Act. 54 13 2. This Act shall not apply retroactively other 54 14 than as provided in this section. The department 54 15 shall approve or disapprove a pending construction 54 16 permit application or manure management plan not 54 17 subject to subsection 1 and a person may construct a 54 18 confinement feeding operation structure according to 54 19 the applicable requirements of the 2001 Code of Iowa 54 20 and rules adopted by the department and in effect on 54 21 March 31, 2002. 54 22 3. Until March 1, 2003, the department shall use 54 23 the interim matrix as provided in this Act in lieu of 54 24 the master matrix required to be used pursuant to 54 25 section 455B.200E. 54 26 Sec. 71. EFFECTIVE DATES. 54 27 1. Except as provided in subsections 2 and 3, this 54 28 Act, being deemed of immediate importance, takes 54 29 effect upon enactment. 54 30 2. The sections of this Act amending sections 54 31 455B.162, 455B.163, 455B.204, and 455B.204A, take 54 32 effect on March 1, 2003. Sections 455B.200C and 54 33 455B.200E, as enacted in this Act, take effect on 54 34 March 1, 2003. The provisions of section 455B.205A, 54 35 as enacted by this Act, as the provisions apply to 54 36 confinement feeding operations storing manure 54 37 exclusively on a dry matter basis, take effect upon 54 38 the effective date of rules adopted to implement 54 39 section 455B.205A. 54 40 3. Notwithstanding section 455B.203, as amended by 54 41 this Act, a person shall not be required to submit a 54 42 manure management plan update earlier than March 1, 54 43 2003. The department shall adopt rules necessary to 54 44 administer this Act including these sections on and 54 45 after the enactment of this Act." 54 46 #2. Title page, line 1, by inserting after the 54 47 word "agriculture" the following: ", providing for 54 48 fees, providing for penalties, and including 54 49 retroactive applicability and effective date 54 50 provisions". 55 1 #3. By renumbering, redesignating, and correcting 55 2 internal references as necessary. 55 3 55 4 55 5 55 6 KLEMME of Plymouth 55 7 HF 2468.501 79 55 8 da/pj/5
Text: H08648 Text: H08650 Text: H08600 - H08699 Text: H Index Bills and Amendments: General Index Bill History: General Index
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