Text: HF00676 Text: HF00678 Text: HF00600 - HF00699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 455B.162, subsection 2, unnumbered 1 2 paragraph 1, Code 2001, is amended to read as follows: 1 3 Except as provided in subsection 6, and sections 455B.163 1 4 and 455B.165, this subsection applies to animal feeding 1 5 operation structures constructed on or after January 1, 1999, 1 6 and to the expansion of structures constructed on or after 1 7 January 1, 1999. 1 8 PARAGRAPH DIVIDED. The following table represents the 1 9 minimum separation distance in feet required between an animal 1 10 feeding operation structure and aresidence not owned by the1 11owner of the animal feeding operation, or acommercial 1 12 enterprise, bona fide religious institution, or an educational 1 13 institution: 1 14 Sec. 2. Section 455B.162, subsection 3, unnumbered 1 15 paragraph 1, Code 2001, is amended to read as follows: 1 16 Except as provided in subsection 6, and sections 455B.163 1 17 and 455B.165, this subsection applies to animal feeding 1 18 operation structures constructed on or after May 31, 1995 but 1 19 prior to the effective date of this Act; to the expansion of 1 20 structures constructed on or after May 31, 1995 but prior to 1 21 the effective date of this Act; and to the expansion of 1 22 structures constructed prior to May 31, 1995. 1 23 PARAGRAPH DIVIDED. The following table represents the 1 24 minimum separation distance in feet required between animal 1 25 feeding operation structures and a public use areaor, a 1 26 residence not owned by the owner of the animal feeding 1 27 operation, a commercial enterprise, a bona fide religious 1 28 institution, or an educational institution, if the public use 1 29 area residence, commercial enterprise, religious institution, 1 30 or educational institution is located within the corporate 1 31 limits of a city: 1 32 Sec. 3. Section 455B.162, Code 2001, is amended by adding 1 33 the following new subsections: 1 34 NEW SUBSECTION. 3A. Except as provided in subsection 6, 1 35 and sections 455B.163 and 455B.165, this subsection applies to 2 1 all of the following: 2 2 a. Animal feeding operation structures that are not part 2 3 of a confinement feeding operation constructed on or after 2 4 January 1, 1999, and to the expansion of those structures 2 5 constructed on or after January 1, 1999. 2 6 b. Animal feeding operation structures that are part of a 2 7 confinement feeding operation constructed on or after January 2 8 1, 1999, but prior to the effective date of this Act, and to 2 9 the expansion of those structures constructed on or after 2 10 January 1, 1999, but prior to the effective date of this Act. 2 11 The following table represents the minimum separation 2 12 distance in feet required between an animal feeding operation 2 13 structure as provided in paragraphs "a" and "b" and a 2 14 residence not owned by the owner of the animal feeding 2 15 operation: 2 16 Minimum 2 17 separation 2 18 distance in 2 19 feet for 2 20 operations 2 21 Minimum having an 2 22 separation animal Minimum 2 23 distance in weight separation 2 24 feet for capacity of distance in 2 25 operations 625,000 or feet for 2 26 having an more pounds operations 2 27 animal but less than having an 2 28 weight 1,250,000 animal 2 29 capacity of pounds for weight 2 30 less than animals other capacity of 2 31 625,000 than bovine, 1,250,000 or 2 32 pounds for or 1,600,000 more pounds 2 33 animals other or more for animals 2 34 than bovine, pounds but other than 2 35 or less than less than bovine, or 3 1 1,600,000 4,000,000 4,000,000 or 3 2 pounds for pounds for more pounds 3 3 Type of structure bovine bovine for bovine 3 4 Anaerobic lagoon 1,250 1,875 2,500 3 5 Uncovered earthen manure 3 6 storage basin 1,250 1,875 2,500 3 7 Uncovered formed 3 8 manure storage 3 9 structure 1,250 1,500 2,000 3 10 Covered formed 3 11 manure storage 3 12 structure 1,000 1,250 1,875 3 13 Confinement 3 14 building 1,000 1,250 1,875 3 15 Egg washwater 3 16 storage structure 750 1,000 1,500 3 17 NEW SUBSECTION. 3B. Except as provided in subsection 6, 3 18 and sections 455B.163 and 455B.165, for animal feeding 3 19 operation structures constructed on or after the effective 3 20 date of this Act and to the expansion of structures 3 21 constructed on or after the effective date of this Act the 3 22 following minimum separation distances apply: 3 23 a. The minimum separation distance in feet required 3 24 between an animal feeding operation structure that is part of 3 25 a confinement feeding operation and a residence not owned by 3 26 the owner of the confinement feeding operation is five 3 27 thousand two hundred eighty. 3 28 b. The minimum separation distance in feet required 3 29 between an animal feeding operation structure that is part of 3 30 a confinement feeding operation and the corporate limits of a 3 31 city is ten thousand five hundred sixty. 3 32 Sec. 4. Section 455B.162, subsection 5, Code 2001, is 3 33 amended to read as follows: 3 34 Except as provided in section 455B.165, a person shall not 3 35 apply liquid manure from a confinement feeding operation on 4 1 land if any of the following applies: 4 2 a. The land located within seven hundred fifty feet from a 4 3residence not owned by the titleholder of the land, a 4 4 commercial enterprise, a bona fide religious institution, an 4 5 educational institution, or a public use area. 4 6 b. The land is located within one thousand feet from a 4 7 residence not owned by the titleholder of the land. 4 8 Sec. 5. Section 455B.163, subsection 1, Code 2001, is 4 9 amended to read as follows: 4 10 1. a. An animal feeding operation structure as 4 11 constructed or expanded prior toJanuary 1, 1999the effective 4 12 date of this Act, complies with the distance requirements 4 13 applying to that structure as provided in section 455B.162. 4 14 b. An animal feeding operation structure as constructed or 4 15 expanded on or afterJanuary 1, 1999the effective date of 4 16 this Act, complies with the distance requirements applying to 4 17 that structure as provided in section 455B.162. 4 18 Sec. 6. Section 455B.163, subsection 2, paragraph b, 4 19 subparagraph (1), Code 2001, is amended to read as follows: 4 20 (1) Double its capacity on the following dates: 4 21 (a) May 31, 1995, for an animal feeding operation 4 22 structure constructed prior to January 1, 1999, or on. 4 23 (b) January 1, 1999, for an animal feeding operation 4 24 structure constructed on or after January 1, 1999, but prior 4 25 to the effective date of this Act. 4 26 (c) The effective date of this Act, for an animal feeding 4 27 operation structure constructed on after the effective date of 4 28 this Act. 4 29 Sec. 7. Section 455B.163, subsection 3, unnumbered 4 30 paragraph 1, Code 2001, is amended to read as follows: 4 31 The animal feeding operation was constructed prior to 4 32January 1, 1999the effective date of this Act, and is 4 33 expanded by replacing one or more unformed manure storage 4 34 structures with one or more formed manure storage structures, 4 35 if all of the following apply: 5 1 Sec. 8. Section 455B.203, subsection 3, Code 2001, is 5 2 amended by adding the following new paragraph: 5 3 NEW PARAGRAPH. h. A schedule and procedures used to 5 4 sample soil on land where manure is applied and the results of 5 5 the analysis as provided in section 455B.203. 5 6 Sec. 9. Section 455B.203B, Code 2001, is amended by adding 5 7 the following new subsection: 5 8 NEW SUBSECTION. 3. A person required to submit a manure 5 9 management plan in order to apply manure on cropland located 5 10 in this state as provided in section 455B.203 shall take soil 5 11 samples from the land every four years in order to determine, 5 12 based on nitrogen use levels, the land area required when 5 13 applying for the application of manure from a confinement 5 14 feeding operation to obtain optimum crop yields according to a 5 15 crop schedule specified in the plan. The person shall submit 5 16 the samples to a qualified laboratory that shall analyze the 5 17 soil samples and report the results to the person, as required 5 18 by the department. The department's rules shall provide for 5 19 taking samples from different areas of the cropland measured 5 20 in grids based on a global positioning system. 5 21 Sec. 10. Section 455B.204A, Code 2001, is amended to read 5 22 as follows: 5 23 455B.204A DISPOSAL OF MANURE WITHINDESIGNATEDAREAS NEAR 5 24 WATER SOURCES – ADOPTION OF RULES. 5 25 A person shall not dispose of manure on land other than by 5 26 application on cropland. The department shall adopt rules 5 27 relating to thedisposalapplication of manure, including its 5 28 application in close proximity to adesignated area.water 5 29 source as follows: 5 30 1. A person shall not apply manure within ten thousand 5 31 five hundred sixty feet of a major watercourse as provided in 5 32 section 455B.204 that is used as a drinking water source. 5 33 2. A person shall not apply manure within two hundred 5 34 fifty feet of a drinking water well actively used as a 5 35 drinking water source. 6 1 3. A person shall notdispose ofapply manureon cropland6 2 within two hundred feetfromof a designated area, unless one 6 3 of the following applies: 6 41.a. The manure is applied by injection or incorporation 6 5 within twenty-four hours following the application. 6 62.b. An area of permanent vegetation cover exists for 6 7 fifty feet surrounding the designated area and that area is 6 8 not subject to manure application. 6 9 As used in thissectionsubsection, "designated area" means 6 10 a known sinkhole, or a cistern, abandoned well, unplugged 6 11 agricultural drainage well, or agricultural drainage well 6 12 surface inlet, drinking water well, or lake, or. A designated 6 13 area also includes a farm pond or lake including a reservoir 6 14 or privately owned lake as defined in section 462A.2, if the 6 15 lake is not a major water source used to provide drinking 6 16 water. However, a "designated area" does not include a 6 17 terrace tile inlet. 6 18 EXPLANATION 6 19 This bill amends Code chapter 455B that in part regulates 6 20 animal feeding operations. The bill amends provisions in Code 6 21 section 455B.162 requiring separation distances between animal 6 22 feeding operation structures and residences, commercial 6 23 enterprises, schools, and religious institutions. The bill 6 24 provides that structures that are part of confinement feeding 6 25 operations constructed after the effective date of the bill's 6 26 enactment must be 5,280 feet from a residence and 10,560 feet 6 27 from the limits of a city. 6 28 The bill amends Code section 455B.203 requiring manure 6 29 management plans and Code section 455B.203B providing for 6 30 manure application requirements. The bill provides a person 6 31 required to submit a manure management plan in order to apply 6 32 manure on cropland must take soil samples from the land every 6 33 four years in order to determine the land area required for 6 34 the application. 6 35 The bill amends Code section 455B.204A that provides for 7 1 the disposal of manure near water sources. The bill prohibits 7 2 a person from applying manure within 10,560 feet from a major 7 3 water source such as a lake or reservoir that is used as a 7 4 source for drinking water. The bill prohibits a person from 7 5 applying manure within 250 feet of a drinking water well 7 6 actively used as a source for drinking water. 7 7 According to Code section 455B.109, a person who violates 7 8 Code provisions regulating air quality, such as Code section 7 9 455B.162 as amended by the bill, is subject to a civil penalty 7 10 of up to $10,000. The person may also be guilty of an 7 11 aggravated misdemeanor (punishable by confinement for no more 7 12 than two years and a fine of at least $500 but not more than 7 13 $5,000). According to Code section 455B.191, a person who 7 14 violates provisions regulating water quality including Code 7 15 sections 455B.203, 455B.203B, and 455B.204A as amended in the 7 16 bill is subject to a civil penalty of $5,000. 7 17 LSB 2209HH 79 7 18 da/pj/5
Text: HF00676 Text: HF00678 Text: HF00600 - HF00699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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