Text: HF02325 Text: HF02327 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 455B.204A, Code 2001, is amended to 1 2 read as follows: 1 3 455B.204A DISPOSAL OF MANURE WITHIN DESIGNATED AREAS – 1 4 ADOPTION OF RULES. 1 5 1. The department shall adopt rules relating to the 1 6 disposal of manure in close proximity to a designated area. A 1 7 person shall not dispose of manureon croplandwithin two 1 8 hundred feet from a designated area, unless one of the1 9following applies:. 1 101. The manure is applied by injection or incorporation1 11within twenty-four hours following the application.1 122. An area of permanent vegetation cover exists for fifty1 13feet surrounding the designated area and that area is not1 14subject to manure application.1 15 2. As used in this section, "designated area" means a 1 16 known sinkhole, or a cistern, abandoned well, unplugged 1 17 agricultural drainage well, agricultural drainage well surface 1 18 inlet, drinking water well, or lake, or a farm pond or 1 19 privately owned lake as defined in section 462A.2. However, a 1 20 "designated area" does not include a terrace tile inlet. 1 21 Sec. 2. Section 455J.1, Code 2001, is amended by adding 1 22 the following new subsections: 1 23 NEW SUBSECTION. 8A. "One-hundred-year floodplain" means 1 24 the land adjacent to a major water source as defined in 1 25 section 455B.204, if there is at least a one percent chance 1 26 that the land will be inundated in any one year as determined 1 27 by the department. 1 28 NEW SUBSECTION. 10. "Restricted manure storage structure" 1 29 means a manure storage structure that is part of a confinement 1 30 feeding operation, if the manure storage structure is located 1 31 on land that is part of a one-hundred-year floodplain. 1 32 Sec. 3. Section 455J.1, subsection 9, Code 2001, is 1 33 amended to read as follows: 1 34 9. "Permittee" means a person who, pursuant to section 1 35 455B.200A, obtains a permit for the construction of a manure 2 1 storage structure, or a confinement feeding operation, if a2 2manure storage structurethat isconnected to thepart of a 2 3 confinement feeding operation. 2 4 Sec. 4. Section 455J.3, Code 2001, is amended to read as 2 5 follows: 2 6 455J.3 FEES. 2 7 An indemnity fee shall be assessedupon permitteesagainst 2 8 a permittee which shall be paid to and collected by the 2 9 department, prior to issuing a permit for the construction of 2 10 a manure storage structure that is part of a confinement 2 11 feeding operation as provided in section 455B.200A. The 2 12 department shall deposit moneys collected from the fees into 2 13 the fund according to procedures adopted by the department. 2 14 1. The amount of thefeesfee for a permittee constructing 2 15 a manure storage structure other than a restricted manure 2 16 storage structure shall be based on the following: 2 171.a. If the confinement feeding operation has an animal 2 18 weight capacity of less than six hundred twenty-five thousand 2 19 pounds, the following shall apply: 2 20a.(1) For all animals other than poultry, the amount of 2 21 the fee shall be ten cents per animal unit of capacity for 2 22 confinement feeding operations. 2 23b.(2) For poultry, the amount of the fee shall be four 2 24 cents per animal unit of capacity for confinement feeding 2 25 operations. 2 262.b. If the confinement feeding operation has an animal 2 27 weight capacity of six hundred twenty-five thousand or more 2 28 pounds but less than one million two hundred fifty thousand 2 29 pounds, the following shall apply: 2 30a.(1) For all animals other than poultry, the amount of 2 31 the fee shall be fifteen cents per animal unit of capacity for 2 32 confinement feeding operations. 2 33b.(2) For poultry, the amount of the fee shall be six 2 34 cents per animal unit of capacity for confinement feeding 2 35 operations. 3 13.c. If the confinement feeding operation has an animal 3 2 weight capacity of one million two hundred fifty thousand or 3 3 more pounds, the following shall apply: 3 4a.(1) For all animals other than poultry, the amount of 3 5 the fee shall be twenty cents per animal unit of capacity for 3 6 confinement feeding operations. 3 7b.(2) For poultry, the amount of the fee shall be eight 3 8 cents per animal unit of capacity for confinement feeding 3 9 operations. 3 10The department shall deposit moneys collected from the fees3 11into the fund according to procedures adopted by the3 12department.3 13 2. The amount of the fee for a permittee constructing a 3 14 restricted manure storage structure shall be based on the 3 15 following: 3 16 a. If the confinement feeding operation has an animal 3 17 weight capacity of less than six hundred twenty-five thousand 3 18 pounds, the following shall apply: 3 19 (1) For all animals other than poultry, the amount of the 3 20 fee shall be twenty cents per animal unit of capacity for 3 21 confinement feeding operations. 3 22 (2) For poultry, the amount of the fee shall be eight 3 23 cents per animal unit of capacity for confinement feeding 3 24 operations. 3 25 b. If the confinement feeding operation has an animal 3 26 weight capacity of six hundred twenty-five thousand or more 3 27 pounds but less than one million two hundred fifty thousand 3 28 pounds, the following shall apply: 3 29 (1) For all animals other than poultry, the amount of the 3 30 fee shall be thirty cents per animal unit of capacity for 3 31 confinement feeding operations. 3 32 (2) For poultry, the amount of the fee shall be twelve 3 33 cents per animal unit of capacity for confinement feeding 3 34 operations. 3 35 c. If the confinement feeding operation has an animal 4 1 weight capacity of one million two hundred fifty thousand or 4 2 more pounds, the following shall apply: 4 3 (1) For all animals other than poultry, the amount of the 4 4 fee shall be forty cents per animal unit of capacity for 4 5 confinement feeding operations. 4 6 (2) For poultry, the amount of the fee shall be sixteen 4 7 cents per animal unit of capacity for confinement feeding 4 8 operations. 4 9 Sec. 5. Section 455J.4, Code 2001, is amended to read as 4 10 follows: 4 11 455J.4 MANURE MANAGEMENT PLAN – INDEMNITY FEE REQUIRED. 4 12 An indemnity fee shall be assessedupon personsagainst a 4 13 person who constructs a manure storage structure that is part 4 14 of a confinement feeding operation, if the person is required 4 15 to submit a manure management plan as provided in section 4 16 455B.203, but not required to obtain a construction permit 4 17 pursuant to section 455B.200A. The department shall deposit 4 18 moneys collected from the fees into the fund according to 4 19 procedures adopted by the department. 4 20 1. The amount of thefeesfee for a person constructing a 4 21 manure storage structure other than a restricted manure 4 22 storage structure shall be ten cents per animal unit of 4 23 capacity for confinement feeding operations. 4 24 2. The amount of the fee for a person constructing a 4 25 restricted manure storage structure shall be twenty cents per 4 26 animal unit of capacity for confinement feeding operations. 4 27 EXPLANATION 4 28 This bill amends provisions in Code chapter 455B regulating 4 29 animal feeding operations regulated by the department of 4 30 natural resources, including confinement feeding operations, 4 31 originally enacted in 1995 by House File 519 (1995 Iowa Acts, 4 32 chapter 195) and amended in 1998 by House File 2494 (1998 Iowa 4 33 Acts, chapter 1209). Provisions relating to animal feeding 4 34 operation statutes are divided in two places in Code chapter 4 35 455B: division II which regulates air quality regulations 5 1 (e.g., separation distance requirements) and division III 5 2 which regulates water quality (e.g., construction permit and 5 3 manure management plan requirements). This bill amends 5 4 division III of that Code chapter. The bill also amends Code 5 5 chapter 455J which provides for a manure storage indemnity 5 6 fund which was established in order to reimburse expenses 5 7 incurred by a county or in some cases the department for 5 8 cleaning up manure storage structures. The fund is supported 5 9 by fees paid by persons obtaining construction permits from 5 10 the department for confinement feeding operations and other 5 11 persons who are not required to obtain a construction permit 5 12 but who must submit a manure management plan (excluding "small 5 13 animal feeding operations" which have an animal weight 5 14 capacity of 200,000 or more pounds or for animals other than 5 15 cattle and 400,000 pounds or less for cattle). Generally, 5 16 poultry operations pay a fee that is less than half of the fee 5 17 required for other animals. 5 18 The bill specifically amends Code section 455B.204A which 5 19 prohibits a person from disposing of manure in close proximity 5 20 to a designated area. A designated area is defined to mean a 5 21 known sinkhole, or a cistern, abandoned well, unplugged 5 22 agricultural drainage well, agricultural drainage well surface 5 23 inlet, drinking water well, or lake, or a farm pond or 5 24 privately owned lake. However, a designated area does not 5 25 include a terrace tile inlet. The Code section provides that 5 26 a person is prohibited from disposing of manure within 200 5 27 feet from a designated area. There are currently two 5 28 exceptions. The first exception is if the manure is applied 5 29 by injection or incorporation within 24 hours following the 5 30 application. The second exception is if an area of permanent 5 31 vegetation cover exists for 50 feet surrounding the designated 5 32 area and that area is not subject to manure application. This 5 33 bill eliminates those exceptions. 5 34 The bill amends provisions in Code chapter 455J to double 5 35 the rate of fees owed by persons who construct a manure 6 1 storage structure that is part of a confinement feeding 6 2 operation, if the structure is located within a 100-year 6 3 floodplain. The bill refers to this type of structure as a 6 4 restricted manure storage structure. The bill defines a "one- 6 5 hundred-year floodplain" as the land adjacent to a water 6 6 source such as a lake, river, or stream, if there is at least 6 7 a 1 percent chance that the land will be inundated in any one 6 8 year as determined by the department. 6 9 Generally, under Code section 455B.191, a person who 6 10 violates a provision of Code section 455B.204A is subject to a 6 11 civil penalty not to exceed $5,000 for each day of such 6 12 violation. 6 13 LSB 5841YH 79 6 14 da/cls/14
Text: HF02325 Text: HF02327 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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