Text: SF02198 Text: SF02200 Text: SF02100 - SF02199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 455B.171, Code 2001, is amended by 1 2 adding the following new subsection: 1 3 NEW SUBSECTION. 15A. "Formed manure storage structure" 1 4 means the same as defined in section 455B.161. 1 5 Sec. 2. Section 455B.200A, subsection 1, Code 2001, is 1 6 amended to read as follows: 1 7 1. The department shall issue permits for the 1 8 construction, including the expansion, of animal feeding 1 9 operation structures, including structures which are part of 1 10 confinement feeding operations, as provided by rules adopted 1 11 pursuant to section 455B.200. The department shall issue a 1 12 permit to an animal feeding operation if an application is 1 13 submitted according to procedures required by the department 1 14 and the application meets standards established by the 1 15 department, regardless of whether the animal feeding operation 1 16 is required to obtain such a permit.The department shall not1 17require that a person obtain aA permitforis required to be 1 18 approved by the department prior to the construction of an 1 19animal feeding operation structureunformed manure storage 1 20 structure. A permit is not required for the construction of a 1 21 formed manure storage structure if the structure is part of a 1 22 small animal feeding operation. For purposes of this section, 1 23 an animal feeding operation structure includes a manure 1 24 storage structure. 1 25 Sec. 3. Section 455B.206, subsection 3, Code 2001, is 1 26 amended to read as follows: 1 27 3. This section shall not apply torequirementsa 1 28 requirement provided in any of the following: 1 29 a. Section 455B.200A, requiring that the department 1 30 approve a permit for the construction of an unformed manure 1 31 storage structure. 1 32 b. Section 455B.201, including rules adopted by the 1 33 department under that section. 1 34b.c. Section 455B.204, including rules adopted by the 1 35 department under that section. 2 1 Sec. 4. EFFECTIVE DATE. This Act, being deemed of 2 2 immediate importance, takes effect upon enactment. 2 3 EXPLANATION 2 4 This bill amends provisions in Code chapter 455B regulating 2 5 animal feeding operations by the department of natural 2 6 resources, including confinement feeding operations, 2 7 originally enacted in 1995 by House File 519 (1995 Iowa Acts, 2 8 chapter 195) and amended in 1998 by House File 2494 (1998 Iowa 2 9 Acts, chapter 1209). Statutes regulating animal feeding 2 10 operations are generally divided in two places in Code chapter 2 11 455B: division II that regulates air quality regulations 2 12 (e.g., separation distance requirements) and division III that 2 13 regulates water quality (e.g., construction permit and manure 2 14 management plan requirements). 2 15 The bill amends provisions in division III that authorize 2 16 the department to issue permits for the construction of animal 2 17 feeding operation structures, including manure storage 2 18 structures. Code section 455B.200A provides that a permit is 2 19 not required for a structure that is part of a small animal 2 20 feeding operation (having an animal weight capacity of 200,000 2 21 pounds or less for animals other than bovine or 400,000 pounds 2 22 or less for bovine). Code section 455B.206 provides that 2 23 permit requirements do not apply to research colleges. 2 24 The bill amends Code sections 455B.200A and 455B.206 to 2 25 require that the department approve a permit for the 2 26 construction of an unformed manure storage structure such as 2 27 an anaerobic lagoon, aerobic structure, or earthen manure 2 28 storage basin. The requirement applies to small animal 2 29 feeding operations as well as research colleges. 2 30 According to Code section 455B.191, a person who violates a 2 31 provision of division III is subject to a civil penalty of not 2 32 more than $5,000. 2 33 LSB 6735SV 79 2 34 da/sh/8
Text: SF02198 Text: SF02200 Text: SF02100 - SF02199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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