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PAG LIN 1 1 SENATE FILE 2293 1 2 1 3 AN ACT 1 4 RELATING TO ANIMAL AGRICULTURE, PROVIDING FOR FEES, PROVIDING 1 5 FOR PENALTIES, AND INCLUDING RETROACTIVE APPLICABILITY AND 1 6 EFFECTIVE DATE PROVISIONS. 1 7 1 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 9 1 10 DIVISION I 1 11 REGULATION OF ANIMAL FEEDING OPERATIONS 1 12 Section 1. Section 4.1, Code 2001, is amended by adding 1 13 the following new subsection: 1 14 NEW SUBSECTION. 9A. "Internet" means the federated 1 15 international system that is composed of allied electronic 1 16 communication networks linked by telecommunication channels, 1 17 that uses standardized protocols, and that facilitates 1 18 electronic communication services, including but not limited 1 19 to use of the world wide web; the transmission of electronic 1 20 mail or messages; the transfer of files and data or other 1 21 electronic information; and the transmission of voice, image, 1 22 and video. 1 23 Sec. 2. Section 455B.109, subsection 4, Code 2001, is 1 24 amended to read as follows: 1 25 4. All civil penalties assessed by the department and 1 26 interest on the penalties shall be deposited in the general 1 27 fund of the state. However, civil penalties assessed by the 1 28 department and interest on the civil penalties, arising out of 1 29 violationscommitted byinvolving animal feeding operations 1 30 under division II, part 2, shall be deposited in themanure1 31storage indemnityanimal agriculture compliance fund as 1 32 created in section455J.2455B.127. Civil penalties assessed 1 33 by the department and interest on the penalties arising out of 1 34 violations committed by animal feeding operations under 1 35 division III, which may be assessed pursuant to section 2 1 455B.191, shall also be deposited in themanure storage2 2indemnityanimal agriculture compliance fundas created in2 3section 455J.2. 2 4 Sec. 3. Section 455B.110, subsection 3, Code 2001, is 2 5 amended by striking the subsection. 2 6 PART 2 2 7 ANIMAL FEEDING OPERATIONS 2 8 Sec. 4. NEW SECTION. 455B.125 COUNTY ASSESSMENT OF FEES 2 9 PROHIBITED. 2 10 A county shall not assess or collect a fee under this 2 11 chapter for the regulation of animal agriculture, including 2 12 but not limited to any fee related to the filing, 2 13 consideration, or evaluation of an application for a 2 14 construction permit pursuant to section 455B.200A or the 2 15 filing of a manure management plan pursuant to section 2 16 455B.203. 2 17 Sec. 5. NEW SECTION. 455B.126 ANIMAL AGRICULTURE 2 18 COMPLIANCE FEES – DELINQUENCIES. 2 19 If a fee imposed under this chapter for deposit into the 2 20 animal agriculture compliance fund is delinquent, the 2 21 department may charge interest on any amount of the fee that 2 22 is delinquent. The rate of interest shall not be more than 2 23 the current rate published in the Iowa administrative bulletin 2 24 by the department of revenue and finance pursuant to section 2 25 421.7. The interest amount shall be computed from the date 2 26 that the fee is delinquent, unless the department designates a 2 27 later date. The interest amount shall accrue for each month 2 28 in which a delinquency is calculated as provided in section 2 29 421.7, and counting each fraction of a month as an entire 2 30 month. The interest amount shall become part of the amount of 2 31 the fee due. 2 32 Sec. 6. NEW SECTION. 455B.127 ANIMAL AGRICULTURE 2 33 COMPLIANCE FUND. 2 34 1. An animal agriculture compliance fund is created in the 2 35 state treasury under the control of the department. The 3 1 compliance fund is separate from the general fund of the 3 2 state. 3 3 2. The compliance fund is composed of two accounts, the 3 4 general account and the assessment account. 3 5 a. The general account is composed of moneys appropriated 3 6 by the general assembly and moneys available to and obtained 3 7 or accepted by the department from the United States 3 8 government or private sources for placement in the compliance 3 9 fund. Unless otherwise specifically provided in statute, 3 10 moneys required to be deposited in the compliance fund shall 3 11 be deposited into the general account. The general account 3 12 shall include moneys deposited into the account from all of 3 13 the following: 3 14 (1) The construction permit application fee required 3 15 pursuant to section 455B.200A. 3 16 (2) The manure management plan filing fee required 3 17 pursuant to section 455B.203. 3 18 (3) Fees paid by persons required to be certified as 3 19 commercial manure applicators or confinement site manure 3 20 applicators pursuant to section 455B.203A. 3 21 (4) The collection of civil penalties assessed by the 3 22 department and interest on civil penalties, arising out of 3 23 violations involving animal feeding operations as provided in 3 24 sections 455B.167 and 455B.207. 3 25 b. The assessment account is composed of moneys collected 3 26 from the annual compliance fee required pursuant to section 3 27 455B.203C. 3 28 3. Moneys in the compliance fund are appropriated to the 3 29 department exclusively to pay the expenses of the department 3 30 in administering and enforcing the provisions of division II, 3 31 part 2, and division III, part 1, subpart A, as necessary to 3 32 ensure that animal feeding operations comply with all 3 33 applicable requirements of those provisions, including rules 3 34 adopted or orders issued by the department pursuant to those 3 35 provisions. The moneys shall not be transferred, used, 4 1 obligated, appropriated, or otherwise encumbered except as 4 2 provided in this subsection. The department shall not 4 3 transfer moneys from the compliance fund's assessment account 4 4 to another fund or account, including but not limited to the 4 5 fund's general account. 4 6 4. Moneys in the fund, which may be subject to warrants 4 7 written by the director of revenue and finance, shall be drawn 4 8 upon the written requisition of the director of the department 4 9 of natural resources or an authorized representative of the 4 10 director. 4 11 5. Notwithstanding section 8.33, any unexpended balance in 4 12 the compliance fund at the end of the fiscal year shall be 4 13 retained in the fund. Notwithstanding section 12C.7, 4 14 subsection 2, interest, earnings on investments, or time 4 15 deposits of the moneys in the compliance fund shall be 4 16 credited to the fund. 4 17 Sec. 7. Section 455B.161, subsections 2, 3, 4, 5, 9, 11, 4 18 16, 21, and 24, Code 2001, are amended to read as follows: 4 19 2. "Anaerobic lagoon" means animpoundment used in4 20conjunction with an animal feeding operationunformed manure 4 21 storage structure, if the primary function of theimpoundment4 22 structure is to store and stabilizeorganic wastesmanure, the 4 23impoundmentstructure is designed to receivewastesmanure on 4 24 a regular basis, and theimpoundment'sstructure's design 4 25 waste loading rates provide that the predominant biological 4 26 activity is anaerobic. An anaerobic lagoon does not include 4 27 any of the following: 4 28 a.A confinement feeding operation structure.4 29b.A runoff control basin which collects and stores only 4 30 precipitation-induced runoff from an animal feeding operation 4 31 in which animals are confined to areas which are unroofed or 4 32 partially roofed and in which no crop, vegetation, or forage 4 33 growth or residue cover is maintained during the period in 4 34 which animals are confined in the operation. 4 35c.b. An anaerobic treatment systemwhichthat includes 5 1 collection and treatment facilities for all off gases. 5 2 3. "Animal" means adomesticated animal belonging to the5 3bovine, porcine, ovine, caprine, equine, or avianspecies 5 4 classified as cattle, swine, horses, sheep, chickens or 5 5 turkeys. 5 6 4. "Animal feeding operation" means a lot, yard, corral, 5 7 building, or other area in which animals are confined and fed 5 8 and maintained for forty-five days or more in any twelve-month 5 9 period, and all structures used for the storage of manure from 5 10 animals in the operation.Two or more animal feeding5 11operations under common ownership or management are deemed to5 12be a single animal feeding operation if they are adjacent or5 13utilize a common system for manure storage.An animal feeding 5 14 operation does not include a livestock market. 5 15 5. "Animal feeding operation structure" meansan anaerobic5 16lagoon or confinement feeding operation structurea 5 17 confinement building, manure storage structure, or egg 5 18 washwater storage structure. 5 19 9. "Confinement feeding operation building" or 5 20 "confinement building" means a building used in conjunction 5 21 with a confinement feeding operation to house animals. 5 22 11. "Confinement feeding operation structure" meansa5 23formed manure storagean animal feeding operation structure,5 24egg washwater storage structure, earthen manure storage basin,5 25or confinement building. A confinement feeding operation5 26structure does not include an anaerobic lagoonthat is part of 5 27 a confinement feeding operation. 5 28 16. "Formed manure storage structure" means astructure,5 29eithercovered or uncovered,impoundment used to store manure 5 30 froma confinementan animal feeding operation, which has 5 31 walls and a floor constructed of concrete, concrete block, 5 32 wood, steel, or similar materials. 5 33 21. "Small animal feeding operation" means an animal 5 34 feeding operation which has ananimal weightanimal unit 5 35 capacity oftwo hundred thousand pounds or less for animals6 1other than bovine, or four hundred thousand poundsfive 6 2 hundred orless for bovinefewer animal units. 6 3 24. "Unformed manure storage structure" means a covered or 6 4 uncoveredanimal feeding operation structure in which6 5 impoundment used to store manureis stored, other than a 6 6 formed manure storage structure, whichisincludes an 6 7 anaerobic lagoon, aerobic structure, or earthen manure storage 6 8 basin. 6 9 Sec. 8. Section 455B.161, Code 2001, is amended by adding 6 10 the following new subsections: 6 11 NEW SUBSECTION. 6A. "Animal unit" means a unit of 6 12 measurement based upon the product of multiplying the number 6 13 of animals of each category by a special equivalency factor as 6 14 follows: 6 15 a. Slaughter or feeder cattle ...................... 1.000 6 16 b. Immature dairy cattle ........................... 1.000 6 17 c. Mature dairy cattle ............................. 1.400 6 18 d. Butcher or breeding swine weighing 6 19 more than fifty-five pounds ............................ 0.400 6 20 e. Swine weighing fifteen pounds or more 6 21 but not more than fifty-five pounds .................... 0.100 6 22 f. Sheep or lambs .................................. 0.100 6 23 g. Horses .......................................... 2.000 6 24 h. Turkeys ..........................................0.018 6 25 i. Broiler or layer chickens ........................0.010 6 26 NEW SUBSECTION. 6B. "Animal unit capacity" means a 6 27 measurement used to determine the maximum number of animal 6 28 units that may be maintained as part of an animal feeding 6 29 operation at any one time, including as provided in sections 6 30 455B.161A and 455B.200B. 6 31 NEW SUBSECTION. 8A. "Commission" means the environmental 6 32 protection commission created pursuant to section 455A.6. 6 33 NEW SUBSECTION. 18A. "Manure storage structure" means a 6 34 formed manure storage structure or an unformed manure storage 6 35 structure. A manure storage structure does not include an egg 7 1 washwater storage structure. 7 2 NEW SUBSECTION. 18B. "Public thoroughfare" means a road, 7 3 street, or bridge that is constructed or maintained by the 7 4 state or a political subdivision. 7 5 NEW SUBSECTION. 19A. "Qualified confinement feeding 7 6 operation" means a confinement feeding operation having an 7 7 animal unit capacity of any of the following: 7 8 a. For a confinement feeding operation maintaining animals 7 9 other than swine as part of a farrowing and gestating 7 10 operation or farrow-to-finish operation or cattle as part of a 7 11 cattle operation, five thousand three hundred thirty-three or 7 12 more animal units. 7 13 b. For a confinement feeding operation maintaining swine 7 14 as part of a farrowing and gestating operation, two thousand 7 15 five hundred or more animal units. 7 16 c. For a confinement feeding operation maintaining swine 7 17 as part of a swine farrow-to-finish operation, five thousand 7 18 four hundred or more animal units. 7 19 d. For a confinement feeding operation maintaining cattle, 7 20 eight thousand five hundred or more animal units. 7 21 Sec. 9. Section 455B.161A, subsection 1, Code 2001, is 7 22 amended by striking the subsection and inserting in lieu 7 23 thereof the following: 7 24 1. Two or more animal feeding operations under common 7 25 ownership or management are deemed to be a single animal 7 26 feeding operation if they are adjacent or utilize a common 7 27 system for manure storage. For purposes of determining 7 28 whether two or more confinement feeding operations are 7 29 adjacent, all of the following must apply: 7 30 a. At least one confinement feeding operation structure 7 31 must be constructed on or after March 21, 1996. 7 32 b. A confinement feeding operation structure which is part 7 33 of one confinement feeding operation is separated by less than 7 34 a minimum required distance from a confinement feeding 7 35 operation structure which is part of the other confinement 8 1 feeding operation. The minimum required distance shall be as 8 2 follows: 8 3 (1) (a) One thousand two hundred fifty feet for a 8 4 confinement feeding operation having an animal unit capacity 8 5 of less than three thousand animal units for animals other 8 6 than swine maintained as part of a swine farrowing and 8 7 gestating operation or farrow-to-finish operation, or cattle 8 8 maintained as part of a cattle operation. 8 9 (b) One thousand two hundred fifty feet for a confinement 8 10 feeding operation having an animal unit capacity of less than 8 11 one thousand two hundred fifty animal units for swine 8 12 maintained as part of a farrowing and gestating operation, 8 13 less than two thousand seven hundred animal units for swine 8 14 maintained as part of a farrow-to-finish operation, or less 8 15 than four thousand animal units for cattle maintained as part 8 16 of a cattle operation. 8 17 (2) (a) One thousand five hundred feet for a confinement 8 18 feeding operation having an animal unit capacity of three 8 19 thousand or more but less than five thousand animal units for 8 20 animals other than swine maintained as part of a swine 8 21 farrowing and gestating operation or farrow-to-finish 8 22 operation, or cattle maintained as part of a cattle operation. 8 23 (b) One thousand five hundred feet for a confinement 8 24 feeding operation having an animal unit capacity of one 8 25 thousand two hundred fifty or more but less than two thousand 8 26 animal units for swine maintained as part of a swine farrowing 8 27 and gestating operation, two thousand seven hundred or more 8 28 but less than five thousand four hundred animal units for 8 29 swine maintained as part of a farrow-to-finish operation, or 8 30 four thousand or more but less than six thousand five hundred 8 31 animal units for cattle maintained as part of a cattle 8 32 operation. 8 33 (3) (a) Two thousand five hundred feet for a confinement 8 34 feeding operation having an animal unit capacity of five 8 35 thousand or more animal units for animals other than swine 9 1 maintained as part of a swine farrowing and gestating 9 2 operation or farrow-to-finish operation, or cattle maintained 9 3 as part of a cattle operation. 9 4 (b) Two thousand five hundred feet for a confinement 9 5 feeding operation having an animal unit capacity of two 9 6 thousand or more animal units for swine maintained as part of 9 7 a swine farrowing and gestating operation, five thousand four 9 8 hundred animal units or more for swine maintained as part of a 9 9 farrow-to-finish operation, or six thousand five hundred or 9 10 more animal units for cattle maintained as part of a cattle 9 11 operation. 9 12 Sec. 10. Section 455B.161A, Code 2001, is amended by 9 13 adding the following new subsections: 9 14 NEW SUBSECTION. 3. In calculating the animal unit 9 15 capacity of a confinement feeding operation, the animal unit 9 16 capacity shall include the animal unit capacity of all 9 17 confinement feeding operation buildings which are part of the 9 18 confinement feeding operation, unless a confinement feeding 9 19 operation building has been abandoned. 9 20 NEW SUBSECTION. 4. A confinement feeding operation 9 21 structure is abandoned if the confinement feeding operation 9 22 structure has been razed, removed from the site of a 9 23 confinement feeding operation, filled in with earth, or 9 24 converted to uses other than a confinement feeding operation 9 25 structure so that it cannot be used as a confinement feeding 9 26 operation structure without significant reconstruction. 9 27 NEW SUBSECTION. 5. All distances between locations of 9 28 objects provided in this part shall be measured in feet from 9 29 their closest points, as provided by rules adopted by the 9 30 department. However, a distance between a public thoroughfare 9 31 and a confinement feeding operation structure shall be 9 32 measured from the portion of the right-of-way which is closest 9 33 to the confinement feeding operation structure. 9 34 Sec. 11. Section 455B.162, subsection 1, unnumbered 9 35 paragraphs 1 and 2, Code 2001, are amended to read as follows: 10 1 Except as provided insubsectionsubsections 3 and 6, and 10 2 sections 455B.163 and 455B.165, this subsection applies to 10 3animalconfinement feeding operation structures constructed on 10 4 or after May 31, 1995, but prior to January 1, 1999; and to 10 5 the expansion of structures constructed prior to January 1, 10 6 1999. 10 7 The following table represents the minimum separation 10 8 distance in feet required betweenan animala confinement 10 9 feeding operation structure and a residence not owned by the 10 10 owner of theanimalconfinement feeding operation, or a 10 11 commercial enterprise, bona fide religious institution, or an 10 12 educational institution: 10 13 Sec. 12. Section 455B.162, subsection 2, unnumbered 10 14 paragraph 1, Code 2001, is amended to read as follows: 10 15 Except as provided insubsectionsubsections 3 and 6, and 10 16 sections 455B.163 and 455B.165, this subsection applies to 10 17animalconfinement feeding operation structures constructed on 10 18 or after January 1, 1999, but prior to March 1, 2003, and to 10 19 the expansion of structures constructed on or after January 1, 10 20 1999, but prior to March 1, 2003. 10 21 PARAGRAPH DIVIDED. The following table represents the 10 22 minimum separation distance in feet required betweenan animal10 23 a confinement feeding operation structure and a residence not 10 24 owned by the owner of theanimalconfinement feeding 10 25 operation, or a commercial enterprise, bona fide religious 10 26 institution, or an educational institution: 10 27 Sec. 13. Section 455B.162, subsection 3, unnumbered 10 28 paragraph 1, Code 2001, is amended to read as follows: 10 29 Except as provided in subsection 6, and sections 455B.163 10 30 and 455B.165, this subsection applies toanimalconfinement 10 31 feeding operation structures constructed on or after May 31, 10 32 1995, but prior to March 1, 2003; to the expansion of 10 33 structures constructed on or after May 31, 1995, but prior to 10 34 March 1, 2003; and to the expansion of structures constructed 10 35 prior to May 31, 1995. 11 1 PARAGRAPH DIVIDED. The following table represents the 11 2 minimum separation distance in feet required betweenanimala 11 3 confinement feeding operationstructuresstructure and a 11 4 public use area; or between a confinement feeding operation 11 5 structure and a residence not owned by the owner of theanimal11 6 confinement feeding operation, a commercial enterprise, a bona 11 7 fide religious institution, or an educational institution, if 11 8 the residence, commercial enterprise, religious institution, 11 9 or educational institution is located within the corporate 11 10 limits of a city: 11 11 Sec. 14. Section 455B.162, Code 2001, is amended by adding 11 12 the following new subsections: 11 13 NEW SUBSECTION. 3A. Except as provided in subsections 3B 11 14 and 6, and sections 455B.163 and 455B.165, this subsection 11 15 applies to confinement feeding operation structures 11 16 constructed on or after March 1, 2003, and to the expansion of 11 17 confinement feeding operation structures constructed on or 11 18 after March 1, 2003. 11 19 The following table represents the minimum separation 11 20 distance in feet required between a confinement feeding 11 21 operation structure and a residence not owned by the owner of 11 22 the confinement feeding operation, a commercial enterprise, a 11 23 bona fide religious institution, or an educational 11 24 institution: 11 25 For a 11 26 For a confinement For a 11 27 confinement feeding confinement 11 28 feeding operation feeding 11 29 operation having an operation 11 30 having an animal unit having an 11 31 animal unit capacity of animal unit 11 32 capacity of 1,000 or more capacity of 11 33 less than but less than 3,000 or 11 34 1,000 animal 3,000 animal more animal 11 35 Type of structure units units units 12 1 Anaerobic lagoon 1,875 2,500 3,000 12 2 Uncovered earthen 12 3 manure storage 12 4 basin 1,875 2,500 3,000 12 5 Uncovered formed 12 6 manure storage 12 7 structure 1,500 2,000 2,500 12 8 Covered earthen 12 9 manure storage 12 10 basin 1,250 1,875 2,375 12 11 Covered formed 12 12 manure storage 12 13 structure 1,250 1,875 2,375 12 14 Confinement 12 15 building 1,250 1,875 2,375 12 16 Egg washwater 12 17 storage 12 18 structure 1,000 1,500 2,000 12 19 NEW SUBSECTION. 3B. Except as provided in subsection 6, 12 20 and sections 455B.163 and 455B.165, this subsection applies to 12 21 confinement feeding operation structures constructed on or 12 22 after March 1, 2003, and to the expansion of confinement 12 23 feeding operation structures constructed on or after March 1, 12 24 2003. 12 25 The following table represents the minimum separation 12 26 distance in feet required between a confinement feeding 12 27 operation structure and a public use area; or between a 12 28 confinement feeding operation structure and a residence not 12 29 owned by the owner of the confinement feeding operation, a 12 30 commercial enterprise, a bona fide religious institution, or 12 31 an educational institution, if the residence, commercial 12 32 enterprise, religious institution, or educational institution 12 33 is located within the corporate limits of a city: 12 34 For a 12 35 For a confinement For a 13 1 confinement feeding confinement 13 2 feeding operation feeding 13 3 operation having an operation 13 4 having an animal unit having an 13 5 animal unit capacity of animal unit 13 6 capacity of 1,000 or more capacity of 13 7 less than but less than 3,000 or 13 8 1,000 animal 3,000 animal more animal 13 9 Type of structure units units units 13 10 Confinement feeding 13 11 operation 13 12 structure 1,875 2,500 3,000 13 13 Sec. 15. Section 455B.162, subsection 4, Code 2001, is 13 14 amended to read as follows: 13 15 4. Except as provided in section 455B.165,on and after13 16January 1, 1999, an animala confinement feeding operation 13 17 structure shall not be constructed or expanded within one 13 18 hundred feet from a public thoroughfare, including a road,13 19street, or bridge which is constructed or maintained by the13 20state or a political subdivision. 13 21 Sec. 16. Section 455B.162, subsection 6, paragraphs a and 13 22 c, Code 2001, are amended by striking the paragraphs. 13 23 Sec. 17. Section 455B.162, subsection 6, paragraph b, Code 13 24 2001, is amended to read as follows: 13 25b.a.AExcept as provided in paragraph "b", a qualified 13 26 confinement feeding operation storing manure in a manure 13 27 storage structure shall only usean animal feeding operationa 13 28 manure storage structurewhichthat employs bacterial action 13 29 which is maintained by the utilization of air or oxygen, and 13 30 which shall include aeration equipment. The type and degree 13 31 of treatment technology required to be installed shall be 13 32 based on the size of the confinement feeding operation, 13 33 according to rules adopted by the department. The equipment 13 34 shall be installed, operated, and maintained in accordance 13 35 with the manufacturer's instructions and requirements of rules 14 1 adopted pursuant to this subsection. 14 2 b. The requirements of paragraph "a" do not apply to any 14 3 of the following: 14 4 (1) A qualified confinement feeding operation which 14 5 includes a confinement feeding operation structure constructed 14 6 prior to May 31, 1995. 14 7 (2) A qualified confinement feeding operation that stores 14 8 manure on a dry matter basis. 14 9 Sec. 18. Section 455B.163, subsections 1 and 2, Code 2001, 14 10 are amended to read as follows: 14 11 1. a.An animalFor a confinement feeding operation 14 12structure asconstructedor expandedprior to January 1, 1999, 14 13 any construction or expansion of a confinement feeding 14 14 operation structure complies with the distance requirements 14 15 applying to that structure as provided in section 455B.162, 14 16 subsections 1 and 3. 14 17 b.An animalFor a confinement feeding operationstructure14 18asconstructedor expandedon or after January 1, 1999, but 14 19 prior to March 1, 2003, any construction or expansion of a 14 20 confinement feeding operation structure complies with the 14 21 distance requirements applying to that structure as provided 14 22 in section 455B.162, subsections 2 and 3. 14 23 c. For a confinement feeding operation constructed on or 14 24 after March 1, 2003, any construction or expansion of a 14 25 confinement feeding operation structure complies with the 14 26 distance requirements applying to that structure as provided 14 27 in section 455B.162, subsections 3A and 3B. 14 28 2. All of the following apply to the expansion of the 14 29animalconfinement feeding operation: 14 30 a. No portion of theanimalconfinement feeding operation 14 31 after expansion is closer than before expansion to a location 14 32 or object for which separation is required under section 14 33 455B.162. 14 34 b.TheFor a confinement feeding operation that includes a 14 35 confinement feeding operation structure constructed prior to 15 1 March 1, 2003, the animal weight capacity of theanimal15 2 confinement feeding operation as expanded is not more than the 15 3 lesser of the following: 15 4 (1) Double its animal weight capacity on the following 15 5 dates: 15 6 (a) May 31, 1995, foran animala confinement feeding 15 7 operation that includes a confinement feeding operation 15 8 structure constructed prior to January 1, 1999, or on. 15 9 (b) January 1, 1999, foran animala confinement feeding 15 10 operation that only includes a confinement feeding operation 15 11 structure constructed on or after January 1, 1999, but does 15 12 include a confinement feeding operation structure constructed 15 13 prior to March 1, 2003. 15 14 (2) Either of the following: 15 15 (a) Six hundred twenty-five thousand pounds animal weight 15 16 capacity for animals other thanbovinecattle. 15 17 (b) One million six hundred thousand pounds animal weight 15 18 capacity forbovinecattle. 15 19 c. For a confinement feeding operation that does not 15 20 include a confinement feeding operation structure constructed 15 21 prior to March 1, 2003, the animal unit capacity of the 15 22 confinement feeding operation as expanded is not more than the 15 23 lesser of the following: 15 24 (1) Double its animal unit capacity on March 1, 2003. 15 25 (2) One thousand animal units. 15 26 Sec. 19. Section 455B.163, subsection 3, unnumbered 15 27 paragraph 1, Code 2001, is amended to read as follows: 15 28 Theanimalconfinement feeding operationwasincludes a 15 29 confinement feeding operation structure that is constructed 15 30 prior toJanuary 1, 1999March 1, 2003, and is expanded by 15 31 replacing one or more unformed manure storage structures with 15 32 one or more formed manure storage structures, if all of the 15 33 following apply: 15 34 Sec. 20. Section 455B.163, subsection 3, paragraph a, Code 15 35 2001, is amended to read as follows: 16 1 a. The animal weight capacity or animal unit capacity, 16 2 whichever is applicable, is not increased for that portion of 16 3 theanimalconfinement feeding operation that utilizes all 16 4 replacement formed manure storage structures. 16 5 Sec. 21. Section 455B.165, subsections 1, 4, and 5, Code 16 6 2001, are amended by striking the subsections. 16 7 Sec. 22. Section 455B.165, subsection 3, paragraph a, Code 16 8 2001, is amended to read as follows: 16 9 a.An animalA confinement feeding operation structure 16 10 which is constructed or expanded, if the titleholder of the 16 11 land benefiting from the distance separation requirement 16 12 executes a written waiver with the titleholder of the land 16 13 where the structure is located. Ifan animala confinement 16 14 feeding operation structure is constructed or expanded within 16 15 the separation distance required betweenan animala 16 16 confinement feeding operation structure and a public 16 17 thoroughfare as required pursuant to section 455B.162, the 16 18 state or a political subdivision constructing or maintaining 16 19 the public thoroughfare benefiting from the distance 16 20 separation requirement may execute a written waiver with the 16 21 titleholder of the land where the structure is located. The 16 22animalconfinement feeding operation structure shall be 16 23 constructed or expanded under such terms and conditions that 16 24 the parties negotiate. 16 25 Sec. 23. NEW SECTION. 455B.166 DEPARTMENT OF NATURAL 16 26 RESOURCES – DEVELOPMENT OF COMPREHENSIVE PLANS AND PROGRAMS 16 27 FOR AIR QUALITY. 16 28 1. As used in this section, unless the context otherwise 16 29 requires: 16 30 a. "Airborne pollutant" means hydrogen sulfide, ammonia, 16 31 or odor. 16 32 b. "Separated location" means a location or object from 16 33 which a separation distance is required under section 16 34 455B.162, other than a public thoroughfare. 16 35 2. The department shall conduct a comprehensive field 17 1 study to monitor the level of airborne pollutants emitted from 17 2 animal feeding operations in this state, including but not 17 3 limited to each type of confinement feeding operation 17 4 structure. 17 5 3. a. After the completion of the field study, the 17 6 department may develop comprehensive plans and programs for 17 7 the abatement, control, and prevention of airborne pollutants 17 8 originating from animal feeding operations in accordance with 17 9 this section. The comprehensive plans and programs may be 17 10 developed if the baseline data from the field study 17 11 demonstrates to a reasonable degree of scientific certainty 17 12 that airborne pollutants emitted by an animal feeding 17 13 operation are present at a separated location at levels 17 14 commonly known to cause a material and verifiable adverse 17 15 health effect. The department may adopt any comprehensive 17 16 plans or programs in accordance with chapter 17A prior to 17 17 implementation or enforcement of an air quality standard but 17 18 in no event shall the plans and programs provide for the 17 19 enforcement of an air quality standard prior to December 1, 17 20 2004. 17 21 b. Any air quality standard established by the department 17 22 for animal feeding operations shall be based on and enforced 17 23 at distances measured from a confinement feeding operation 17 24 structure to a separated location. In providing for the 17 25 enforcement of the standards, the department shall take all 17 26 initial measurements at the separated location. If the 17 27 department determines that a violation of the standards 17 28 exists, the department may conduct an investigation to trace 17 29 the source of the airborne pollutant. This section does not 17 30 prohibit the department from entering the premises of an 17 31 animal feeding operation in compliance with section 455B.103. 17 32 The department shall comply with standard biosecurity 17 33 requirements customarily required by the animal feeding 17 34 operation which are necessary in order to control the spread 17 35 of disease among an animal population. 18 1 c. The department shall establish recommended best 18 2 management practices, mechanisms, processes, or infrastructure 18 3 under the comprehensive plans and programs in order to reduce 18 4 the airborne pollutants emitted from an animal feeding 18 5 operation. 18 6 d. The department shall provide a procedure for the 18 7 approval and monitoring of alternative or experimental 18 8 practices, mechanisms, processes, or infrastructure to reduce 18 9 the airborne pollutants emitted from an animal feeding 18 10 operation, which may be incorporated as part of the 18 11 comprehensive plans and programs developed under this section. 18 12 Sec. 24. NEW SECTION. 455B.167 CIVIL PENALTY. 18 13 A person who violates this part shall be subject to a civil 18 14 penalty which shall be established, assessed, and collected in 18 15 the same manner as provided in section 455B.109. Any civil 18 16 penalty collected shall be deposited in the animal agriculture 18 17 compliance fund created in section 455B.127. 18 18 Sec. 25. Section 455B.171, subsections 2, 3, 4, 5, 6, 8, 18 19 20, 43, and 47, Code 2001, are amended by striking the 18 20 subsections. 18 21 Sec. 26. Section 455B.191, subsection 8, Code 2001, is 18 22 amended to read as follows: 18 23 8. Moneys assessed and collected in civil penalties and 18 24 interest earned on civil penalties, arising out of a violation 18 25 involving an animal feeding operation, shall be deposited in 18 26 themanure storage indemnityanimal agriculture compliance 18 27 fund as created in section455J.2455B.127. 18 28 SUBPART B 18 29 ANIMAL FEEDING OPERATIONS 18 30 Sec. 27. Section 455B.200, Code 2001, is amended to read 18 31 as follows: 18 32 455B.200 GENERAL. 18 33 1. The commission shall establish by rule adopted pursuant 18 34 to chapter 17A, requirements relating to the construction, 18 35 including expansion, or operation of animal feeding 19 1 operations, including related animal feeding operation 19 2 structures. The requirements shall include but are not 19 3 limited to minimum manure control, the issuance of permits, 19 4 and departmental investigations, inspections, and testing. 19 5 2. Any provision referring generally to compliance with 19 6 the requirements of this chapter as applied to animal feeding 19 7 operations also includes compliance with requirements in rules 19 8 adopted by the commission pursuant to this section, orders 19 9 issued by the department as authorized under this chapter, and 19 10 the terms and conditions applicable to permits or manure 19 11 management plans required under this subpart. However, for 19 12 purposes of approving or disapproving an application for a 19 13 construction permit as provided in section 455B.200E, 19 14 conditions for the approval of an application based on results 19 15 produced by a master matrix are not requirements of this 19 16 chapter until the department approves or disapproves an 19 17 application based on those results. 19 18 3. The department and the attorney general shall enforce 19 19 the provisions of this chapter in the same manner as provided 19 20 in division I, unless otherwise provided in this section. 19 21 Sec. 28. Section 455B.200A, subsections 1 through 4, Code 19 22 2001, are amended to read as follows: 19 23 1. The department shallissueapprove or disapprove 19 24 applications for permits for the construction, including the 19 25 expansion, ofanimalconfinement feeding operation structures, 19 26including structures which are part of confinement feeding19 27operations,as provided by rules adopted pursuant tosection19 28455B.200this chapter. The department's decision to approve 19 29 or disapprove a permit for the construction of a confinement 19 30 feeding operation shall be based on whether the application is 19 31 submitted according to procedures required by the department 19 32 and the application meets standards established by the 19 33 department. A person shall not begin construction of a 19 34 confinement feeding operation structure requiring a permit 19 35 under this section, unless the departmentshall issue afirst 20 1 approves the person's application and issues to the person a 20 2 construction permitto an animal feeding operation if an20 3application is submitted according to procedures required by20 4the department and. The department shall provide conditions 20 5 for requiring when a person must obtain a construction permit. 20 6 a. Except as provided in paragraph "b", a person must 20 7 obtain a permit to construct any of the following: 20 8 (1) A confinement feeding operation structure if after 20 9 construction its confinement feeding operation would have an 20 10 animal unit capacity of at least one thousand animal units. 20 11 (2) The confinement feeding operation structure is an 20 12 unformed manure storage structure. 20 13 b. A person is not required to obtain a permit to 20 14 construct a confinement feeding operation structure, if any of 20 15 the following apply: 20 16 (1) The confinement feeding operation structure, if 20 17 constructed, would be part of a small animal feeding 20 18 operation. However, the person must obtain a permit under 20 19 this section if the confinement feeding operation structure is 20 20 an unformed manure storage structure. 20 21 (2) The confinement feeding operation structure is part of 20 22 a confinement feeding operation which is owned by a research 20 23 college conducting research activities as provided in section 20 24 455B.206. 20 25 2. The department shall issue a construction permit upon 20 26 approval of an application. The department shall approve the 20 27 applicationmeets standards established by the department,if 20 28 the application is submitted to the county board of 20 29 supervisors in the county where the proposed confinement 20 30 feeding operation is to be located as required pursuant to 20 31 section 455B.200E, and the application meets the requirements 20 32 of this chapter. If a county submits an approved 20 33 recommendation pursuant to a construction evaluation 20 34 resolution filed with the department, the application must 20 35 also achieve a satisfactory rating produced by the master 21 1 matrix used by the board or department under section 21 2 455B.200E. The department shall approve the application 21 3 regardless of whether theanimal feeding operationapplicant 21 4 is required toobtain suchto be issued a construction permit. 21 5The department shall not require that a person obtain a permit21 6for the construction of an animal feeding operation structure21 7if the structure is part of a small animal feeding operation.21 8For purposes of this section, an animal feeding operation21 9structure includes a manure storage structure.21 102.3. The department shall notissueapprove an 21 11 application for a construction permitfor the construction of21 12an animal feeding operation structure which is part of a21 13confinement feeding operationunless thepersonapplicant 21 14 submits all of the following: 21 15 a. An indemnity fee as provided in section 455J.3which21 16 that the department shall deposit into the manure storage 21 17 indemnity fund created in section 455J.2. 21 18 b. A manure management plan as provided in section 21 19 455B.203 and manure management plan filing fee as provided in 21 20 section 455B.203C. 21 21 c. A construction permit application fee as provided in 21 22 section 455B.203C. 21 23 3A. The applicant may submit a master matrix as completed 21 24 by the applicant. 21 253.4. a. A confinement feeding operation meets threshold 21 26 requirements under this paragraph if the confinement feeding 21 27 operation after construction of a proposed confinement feeding 21 28 operation structure would have a minimum animal unit capacity 21 29 of the following: 21 30 (1) Three thousand animal units for animals other than 21 31 swine maintained as part of a swine farrowing and gestating 21 32 operation or farrow-to-finish operation or cattle maintained 21 33 as part of a cattle operation. 21 34 (2) One thousand two hundred fifty animal units for swine 21 35 maintained as part of a swine farrowing and gestating 22 1 operation. 22 2 (3) Two thousand seven hundred fifty animal units for 22 3 swine maintained as part of a farrow-to-finish operation. 22 4 (4) Four thousand animal units for cattle maintained as 22 5 part of a cattle operation. 22 6 b. The department shall notissueapprove an application 22 7 for a construction permitfor the construction ofunless the 22 8 following apply: 22 9 (1) If the application is for a permit to construct an 22 10 unformed manure storage structure, the application must 22 11 include a statement approved by a professional engineer 22 12 certifying that the construction of the unformed manure 22 13 storage structure complies with the construction design 22 14 standards required in this subpart. 22 15 (2) If the application is for a permit to construct three 22 16 or moreanimalconfinement feeding operation structuresunless22 17the applicant files, the application must include a statement 22 18approved by a professional engineer registered pursuant to22 19chapter 542B certifyingproviding that the construction of the 22 20animalconfinement feeding operation structures will not 22 21 impedethedrainage through established drainage tile lines 22 22 which cross property boundary lines unless measures are taken 22 23 to reestablish the drainage prior to completion of 22 24 construction. For a confinement feeding operation that meets 22 25 threshold requirements, the statement must be approved by a 22 26 professional engineer. Otherwise, if the application is for a 22 27 permit to construct a formed manure storage structure, the 22 28 statement must be part of the construction design statement as 22 29 provided in section 455B.200C. 22 30 (3) If the application is for a permit to construct a 22 31 formed manure storage structure, other than for a confinement 22 32 feeding operation meeting threshold requirements, the 22 33 applicant must include a construction design statement as 22 34 provided in section 455B.200C. An application for a permit to 22 35 construct a formed manure storage structure as part of a 23 1 confinement feeding operation that meets threshold 23 2 requirements must include a statement approved by a 23 3 professional engineer certifying that the construction of the 23 4 formed manure storage structure complies with the requirements 23 5 of this subpart. 23 6 (4) The department may only require that an application 23 7 for a permit to construct a formed manure storage structure or 23 8 egg washwater storage structure that is part of a confinement 23 9 feeding operation meeting threshold requirements include an 23 10 engineering report, construction plans, or specifications 23 11 prepared by a licensed professional engineer or the natural 23 12 resources conservation service of the United States department 23 13 of agriculture. 23 144.5.PriorAs a condition toissuing a permit to a person23 15 approving an application forthe construction of an animal23 16feeding operationa construction permit, the department may 23 17 require any of the following: 23 18 a. The installation of a related pollution control device 23 19 or practice, including but not limited to the installation and 23 20 operation of ahydrologicalwater pollution monitoring system 23 21 for anexclusively earthenunformed manure storage structure 23 22according torules which shall be adopted by the department. 23 23 b. The department's approval of the installation of any 23 24 proposed system to permanently lower the groundwater table at 23 25 a site as part of the construction of an unformed manure 23 26 storage structure, as is necessary to ensure that the unformed 23 27 manure storage structure does not pollute groundwater sources, 23 28 including providing for standards as provided in section 23 29 455B.205. 23 30 Sec. 29. Section 455B.200A, subsections 5 through 8, Code 23 31 2001, are amended by striking the subsections. 23 32 Sec. 30. Section 455B.200B, unnumbered paragraph 1, Code 23 33 2001, is amended to read as follows: 23 34 For purposes of thispartsubpart, all of the following 23 35 shall apply: 24 1 Sec. 31. Section 455B.200B, subsection 1, Code 2001, is 24 2 amended by striking the subsection and inserting in lieu 24 3 thereof the following: 24 4 1. Two or more animal feeding operations under common 24 5 ownership or management are deemed to be a single animal 24 6 feeding operation if they are adjacent or utilize a common 24 7 area or system for manure disposal. In addition, for purposes 24 8 of determining whether two or more confinement feeding 24 9 operations are adjacent, all of the following must apply: 24 10 a. At least one confinement feeding operation structure 24 11 must be constructed on and after May 21, 1998. 24 12 b. A confinement feeding operation structure which is part 24 13 of one confinement feeding operation is separated by less than 24 14 a minimum required distance from a confinement feeding 24 15 operation structure which is part of the other confinement 24 16 feeding operation. The minimum required distance shall be as 24 17 follows: 24 18 (1) One thousand two hundred fifty feet for confinement 24 19 feeding operations having a combined animal unit capacity of 24 20 less than one thousand animal units. 24 21 (2) Two thousand five hundred feet for confinement feeding 24 22 operations having a combined animal unit capacity of one 24 23 thousand animal units or more. 24 24 Sec. 32. Section 455B.200B, Code 2001, is amended by 24 25 adding the following new subsections: 24 26 NEW SUBSECTION. 3. In calculating the animal unit 24 27 capacity of a confinement feeding operation, the animal unit 24 28 capacity shall include the animal unit capacity of all 24 29 confinement feeding operation buildings which are part of the 24 30 confinement feeding operation, unless a confinement feeding 24 31 operation building has been abandoned as provided in section 24 32 455B.161A. 24 33 NEW SUBSECTION. 4. All distances between locations or 24 34 objects provided in this subpart shall be measured in feet 24 35 from their closest points. 25 1 NEW SUBSECTION. 5. a. The department shall designate by 25 2 rule each one hundred year floodplain in this state according 25 3 to the location of the one hundred year floodplain. A person 25 4 shall not be prohibited from constructing a confinement 25 5 feeding operation on a one hundred year floodplain unless the 25 6 one hundred year floodplain is designated by rule in 25 7 accordance with this subsection. 25 8 b. (1) Until the effective date of rules adopted by the 25 9 department to designate the location of each one hundred year 25 10 floodplain in this state, a person shall not construct a 25 11 confinement feeding operation structure on land that contains 25 12 a soil type classified as alluvial unless the one of the 25 13 following applies: 25 14 (a) If the person does not apply for a construction permit 25 15 as provided in section 455B.200A, the person must petition the 25 16 department for a declaratory order pursuant to section 17A.9 25 17 to determine whether the location of the proposed confinement 25 18 feeding operation structure is located on a one hundred year 25 19 floodplain. The department shall issue a declaratory order in 25 20 response to the petition, notwithstanding any other provision 25 21 provided in section 17A.9 to the contrary, within thirty days 25 22 from the date that the petition is filed with the department. 25 23 (b) If the person does apply for a construction permit as 25 24 provided in section 455B.200A, the person must identify that 25 25 the land contains a soil type classified as alluvial. The 25 26 department shall determine whether the land is located on a 25 27 one hundred year floodplain. 25 28 (2) The department shall provide in its declaratory order 25 29 or its approval or disapproval of a construction permit 25 30 application a determination regarding whether the confinement 25 31 feeding operation is to be located on a one hundred year 25 32 floodplain, whether the confinement feeding operation may be 25 33 constructed at the location, and any conditions for the 25 34 construction. 25 35 (3) This paragraph "b" is repealed on the effective date 26 1 that rules are adopted by the department pursuant to paragraph 26 2 "a". The department shall provide a caption on the adopted 26 3 rule as published in the Iowa administrative bulletin as 26 4 provided in section 17A.4, stating that this paragraph is 26 5 repealed as provided in this subparagraph subdivision. The 26 6 director of the department shall deliver a copy of the adopted 26 7 rule to the Iowa Code editor. 26 8 NEW SUBSECTION. 6. As used in this subpart, unless the 26 9 context otherwise requires: 26 10 a. "Critical public area" means land as designated by the 26 11 department pursuant to rules adopted pursuant to chapter 17A, 26 12 if all of the following apply: 26 13 (1) The land is part of a public park, preserve, or 26 14 recreation area that is owned or managed by the federal 26 15 government; by the department, including under chapter 461A or 26 16 465C; or by a political subdivision. 26 17 (2) The land has a unique scenic, cultural, 26 18 archaeological, scientific, or historic significance or 26 19 contains a rare or valuable ecological system. 26 20 b. "Designated wetland" means land designated as a 26 21 protected wetland by the United States department of the 26 22 interior or the department of natural resources, including but 26 23 not limited to a protected wetland as defined in section 26 24 456B.1, if the land is owned and managed by the federal 26 25 government or the department of natural resources. However, a 26 26 designated wetland does not include land where an agricultural 26 27 drainage well has been plugged causing a temporary wetland or 26 28 land within a drainage district or levee district. 26 29 c. "Document" means any form required to be processed by 26 30 the department under this subpart regulating animal feeding 26 31 operations, including but not limited to applications or 26 32 related materials for permits as provided in section 26 33 455B.200A, manure management plans as provided in section 26 34 455B.203, comment or evaluation by a county board of 26 35 supervisors considering an application for a construction 27 1 permit, the department's analysis of the application including 27 2 using and responding to a master matrix pursuant to section 27 3 455B.200E, and notices required under those sections. 27 4 d. "High-quality water resource" means that part of a 27 5 water source or wetland that the department has designated as 27 6 any of the following: 27 7 (1) A high-quality water (Class "HQ") or a high-quality 27 8 resource water (Class "HQR") according to 567 IAC ch. 61, in 27 9 effect on January 1, 2001. 27 10 (2) A protected water area system, according to a state 27 11 plan adopted by the department in effect on January 1, 2001. 27 12 e. "Karst terrain" means land having karst formations that 27 13 exhibit surface and subterranean features of a type produced 27 14 by the dissolution of limestone, dolomite, or other soluble 27 15 rock and characterized by closed depressions, sinkholes, or 27 16 caves. 27 17 f. "Major water source" means a water source that is a 27 18 lake, reservoir, river, or stream located within the 27 19 territorial limits of the state, or any marginal river area 27 20 adjacent to the state, if the water source is capable of 27 21 supporting a floating vessel capable of carrying one or more 27 22 persons during a total of a six-month period in one out of ten 27 23 years, excluding periods of flooding which has been identified 27 24 by rules adopted by the commission. 27 25 g. "One hundred year floodplain" means the land adjacent 27 26 to a major water source, if there is at least a one percent 27 27 chance that the land will be inundated in any one year, 27 28 according to calculations adopted by rules adopted pursuant to 27 29 section 455B.200. In making the calculations, the department 27 30 shall consider available maps or data compiled by the federal 27 31 emergency management agency. 27 32 h. "Professional engineer" means a person engaged in the 27 33 practice of engineering as defined in section 542B.2 who is 27 34 issued a certificate of licensure as a professional engineer 27 35 pursuant to section 542B.17. 28 1 i. "Water of the state" means the same as defined in 28 2 section 455B.171. 28 3 j. "Water source" means a lake, river, reservoir, creek, 28 4 stream, ditch, or other body of water or channel having 28 5 definite banks and a bed with water flow, except lakes or 28 6 ponds without outlet to which only one landowner is riparian. 28 7 Sec. 33. NEW SECTION. 455B.200C CONSTRUCTION DESIGN 28 8 STATEMENT – FORMED MANURE STORAGE STRUCTURES. 28 9 1. a. Except as provided in paragraph "b", a person shall 28 10 not construct a formed manure storage structure, unless the 28 11 person submits a construction design statement for filing with 28 12 the department. 28 13 b. The following persons are not required to submit a 28 14 construction design statement with the department: 28 15 (1) A person who constructs a formed manure storage 28 16 structure as part of a small animal feeding operation. 28 17 (2) A person who submits a statement approved by a 28 18 professional engineer certifying that the construction of the 28 19 formed manure storage structure complies with the construction 28 20 design standards required in this subpart, including a person 28 21 required to submit such a statement as part of an application 28 22 for a construction permit pursuant to section 455B.200A. 28 23 2. The construction design statement must include all of 28 24 the following: 28 25 a. A summary description of the type of formed manure 28 26 storage structure proposed to be constructed, including 28 27 whether such formed manure storage structure is to be 28 28 constructed of concrete. 28 29 b. (1) If the formed manure storage structure is to be 28 30 constructed of concrete, a statement by the person responsible 28 31 for constructing the formed manure storage structure 28 32 certifying that such person will construct the formed manure 28 33 storage structure in accordance with the construction design 28 34 standards required in this subpart. 28 35 (2) If the formed manure storage structure is not to be 29 1 constructed of concrete, a statement by the person responsible 29 2 for constructing the formed manure storage structure 29 3 certifying that such person will construct the formed manure 29 4 storage structure in accordance with the construction design 29 5 standards required in this subpart. 29 6 c. If a construction permit is required pursuant to 29 7 section 455B.200A for the construction of three or more 29 8 confinement feeding operation structures that include a formed 29 9 manure storage structure, the contractor must provide that the 29 10 construction of the formed manure storage structure will not 29 11 impede drainage through established drainage tile lines which 29 12 cross property boundary lines unless measures are taken to 29 13 reestablish the drainage prior to completion of construction. 29 14 d. A manure management plan as required in section 29 15 455B.203 which may be submitted as part of an application for 29 16 a construction permit as provided in section 455B.200A. 29 17 3. Unless the construction design statement is part of a 29 18 construction permit application as provided in section 29 19 455B.200A, the department shall file the construction design 29 20 statement. Otherwise, the department shall approve or 29 21 disapprove the construction design statement as part of the 29 22 construction permit application. The construction design 29 23 statement shall be considered filed on the date that it is 29 24 first received by the department. The department may request 29 25 information from the person submitting the construction design 29 26 statement if the department determines that it is incorrect or 29 27 incomplete. Within thirty days after filing the construction 29 28 design statement, the department shall notify the person that 29 29 the construction design statement is filed and request any 29 30 additional information. 29 31 Sec. 34. NEW SECTION. 455B.200D DOCUMENT PROCESSING 29 32 REQUIREMENTS. 29 33 1. The department shall adopt and promulgate forms 29 34 required to be completed in order to comply with this subpart 29 35 including forms for documents that the department shall make 30 1 available on the internet. 30 2 2. a. The department shall provide for procedures for the 30 3 receipt, filing, processing, and return of documents in an 30 4 electronic format, including but not limited to the 30 5 transmission of documents by the internet. The department 30 6 shall provide for authentication of the documents that may 30 7 include electronic signatures as provided in chapter 554D. 30 8 b. The department shall to every extent feasible provide 30 9 for the processing of permits and manure management plans 30 10 required under this subpart using electronic systems, 30 11 including programming, necessary to ensure the completeness 30 12 and accuracy of the documents in accordance with the 30 13 requirements of this subpart. 30 14 Sec. 35. NEW SECTION. 455B.200E CONSTRUCTION PERMIT 30 15 APPLICATION PROCEDURE – COMMENTS – MASTER MATRIX. 30 16 1. a. The department shall deliver a copy or require the 30 17 applicant to deliver a copy of the application for a permit to 30 18 construct, including expanding, a confinement feeding 30 19 operation structure pursuant to section 455B.200A, including 30 20 supporting documents, to the county board of supervisors in 30 21 the county where the confinement feeding operation structure 30 22 subject to the permit is proposed to be constructed. 30 23 b. The county auditor or other county officer designated 30 24 by the county board of supervisors may accept the application 30 25 on behalf of the board. If the department requires the 30 26 applicant to deliver a copy of the application to the county 30 27 board of supervisors, the board shall notify the department 30 28 that the board has received the application according to 30 29 procedures required by the department. 30 30 2. Regardless of whether the county board of supervisors 30 31 has adopted a construction evaluation resolution, the county 30 32 may provide comment to the department on a construction permit 30 33 application for a confinement feeding operation structure. 30 34 a. The board shall provide for comment as follows: 30 35 (1) The board shall publish a notice that the board has 31 1 received the application in a newspaper having a general 31 2 circulation in the county. 31 3 (2) The notice shall include all of the following: 31 4 (a) The name of the person applying to receive the 31 5 construction permit. 31 6 (b) The name of the township where the confinement feeding 31 7 operation structure is to be constructed. 31 8 (c) Each type of confinement feeding operation structure 31 9 proposed to be constructed. 31 10 (d) The animal unit capacity of the confinement feeding 31 11 operation if the construction permit were to be approved. 31 12 (e) The time when and the place where the application may 31 13 be examined as provided in section 22.2. 31 14 (f) Procedures for providing public comments to the board 31 15 as provided by the board. 31 16 b. The board may hold a public hearing to receive public 31 17 comments regarding the application. The county board of 31 18 supervisors may submit comments by the board and the public to 31 19 the department as provided in this section, including but not 31 20 limited to all of the following: 31 21 (1) The existence of an object or location not included in 31 22 the application that benefits from a separation distance 31 23 requirement as provided in section 455B.162 or 455B.204. 31 24 (2) The suitability of soils and the hydrology of the site 31 25 where construction of a confinement feeding operation 31 26 structure is proposed. 31 27 (3) The availability of land for the application of manure 31 28 originating from the confinement feeding operation. 31 29 (4) Whether the construction of a proposed confinement 31 30 feeding operation structure will impede drainage through 31 31 established tile lines, laterals, or other improvements which 31 32 are constructed to facilitate the drainage of land not owned 31 33 by the person applying for the construction permit. 31 34 3. A county board of supervisors may adopt a construction 31 35 evaluation resolution relating to the construction of a 32 1 confinement feeding operation structure. The board must 32 2 submit such resolution to the department for filing. If the 32 3 board has submitted such resolution to the department, the 32 4 board may evaluate the construction permit application and 32 5 submit an adopted recommendation to the department to approve 32 6 or disapprove a construction permit application as provided in 32 7 this subsection. The board must make its decision to 32 8 recommend approval or disapproval of the permit application as 32 9 provided in this subsection. 32 10 a. For the expansion of a confinement feeding operation 32 11 that includes a confinement feeding operation structure 32 12 constructed prior to April 1, 2002, the board shall not 32 13 evaluate a construction permit application for the 32 14 construction or expansion of a confinement feeding operation 32 15 structure if after the expansion of the confinement feeding 32 16 operation, its animal unit capacity is one thousand six 32 17 hundred sixty-six animal units or less. 32 18 b. The board must conduct an evaluation of the application 32 19 using the master matrix as provided in section 455B.200F. The 32 20 board's recommendation may be based on the master matrix as 32 21 provided or may be based on comments under this section 32 22 regardless of the results of the master matrix. 32 23 c. In completing the master matrix, the board shall not 32 24 score criteria on a selective basis. The board must score all 32 25 criteria which is part of the master matrix according to the 32 26 terms and conditions relating to construction as specified in 32 27 the application or commitments for manure management that are 32 28 to be incorporated into a manure management plan as provided 32 29 in section 455B.203. 32 30 d. The board's adopted recommendation to the department 32 31 shall include the specific reasons and any supporting 32 32 documentation for the decision to recommend approval or 32 33 disapproval of the application. 32 34 4. The department must receive the county board of 32 35 supervisor's comments or evaluation for approval or 33 1 disapproval of an application for a construction permit not 33 2 later than thirty days following the applicant's delivery of 33 3 the application to the department. Regardless of whether the 33 4 department receives comments or an evaluation by a county 33 5 board of supervisors, the department must approve or 33 6 disapprove an application for a construction permit within 33 7 sixty days following the applicant's delivery of the 33 8 application to the department. However, the applicant may 33 9 deliver a notice requesting a continuance. Upon receipt of a 33 10 notice, the time required for the county or department to act 33 11 upon the application shall be suspended for the period 33 12 provided in the notice, but for not more than thirty days 33 13 after the department's receipt of the notice. The applicant 33 14 may submit more than one notice. However, the department may 33 15 provide that an application is terminated if no action is 33 16 required by the department for one year following delivery of 33 17 the application to the board. The department may also provide 33 18 for a continuance when it considers the application. The 33 19 department shall provide notice to the applicant and the board 33 20 of the continuance. The time required for the department to 33 21 act upon the application shall be suspended for the period 33 22 provided in the notice, but for not more than thirty days. 33 23 However, the department shall not provide for more than one 33 24 continuance. 33 25 5. a. The department shall approve an application for a 33 26 construction permit if the board of supervisors which has 33 27 filed a county construction evaluation resolution submits an 33 28 adopted recommendation to approve the construction permit 33 29 application which may be based on a satisfactory rating 33 30 produced by the master matrix to the department and the 33 31 department determines that the application meets the 33 32 requirements of this chapter. The department shall disapprove 33 33 an application that does not satisfy the requirements of this 33 34 chapter regardless of the adopted recommendation of the board. 33 35 The department shall consider any timely filed comments made 34 1 by the board as provided in this section to determine if an 34 2 application meets the requirements of this chapter. 34 3 b. If the board submits to the department an adopted 34 4 recommendation to disapprove an application for a construction 34 5 permit that is based on a rating produced by the master 34 6 matrix, the department shall first determine if the 34 7 application meets the requirements of this chapter as provided 34 8 in section 455B.200. The department shall disapprove an 34 9 application that does not satisfy the requirements of this 34 10 chapter regardless of any result produced by using the master 34 11 matrix. If the application meets the requirements of this 34 12 chapter, the department shall conduct an independent 34 13 evaluation of the application using the master matrix. The 34 14 department shall approve the application if it achieves a 34 15 satisfactory rating according to the department's evaluation. 34 16 The department shall disapprove the application if it produces 34 17 an unsatisfactory rating regardless of whether the application 34 18 satisfies the requirements of this chapter. The department 34 19 shall consider any timely filed comments made by the board as 34 20 provided in this section to determine if an application meets 34 21 the requirements of this chapter. 34 22 c. If the county board of supervisors does not submit a 34 23 construction evaluation resolution to the department, fails to 34 24 submit an adopted recommendation, submits only comments, or 34 25 fails to submit comments, the department shall approve the 34 26 application if the application meets the requirements of this 34 27 chapter as provided in section 455B.200. 34 28 6. The department may conduct an inspection of the site on 34 29 which the construction is proposed after providing at a 34 30 minimum twenty-four hours notice or upon receiving consent 34 31 from the construction permit applicant. The county board of 34 32 supervisors that has adopted a construction evaluation 34 33 resolution may designate a county employee to accompany a 34 34 departmental official during the site inspection. The county 34 35 employee shall have the same right to access to the site's 35 1 real estate as the departmental official conducting the 35 2 inspection during the period that the county employee 35 3 accompanies the departmental official. The departmental 35 4 official and the county employee shall comply with standard 35 5 biosecurity requirements customarily required by the 35 6 confinement feeding operation that are necessary in order to 35 7 control the spread of disease among an animal population. 35 8 7. Upon written request by a county resident, the county 35 9 board of supervisors shall forward to the county resident a 35 10 copy of the board's adopted recommendation, any county 35 11 comments to the department on the permit application, and the 35 12 department's responses, as provided in chapter 22. 35 13 8. a. The department shall deliver a notice to the 35 14 applicant within three days of the department's decision to 35 15 approve or disapprove an application for a construction 35 16 permit. If the board of supervisors has submitted an adopted 35 17 recommendation to the department for the approval or 35 18 disapproval of a construction permit application as provided 35 19 in this section, the department shall notify the board of the 35 20 department's decision to approve or disapprove the application 35 21 at the same time. 35 22 b. (1) The applicant may contest the department's 35 23 decision by requesting a hearing and may elect to have the 35 24 hearing conducted before an administrative law judge pursuant 35 25 to chapter 17A or before the commission. If the applicant and 35 26 a board of supervisors are both contesting the department's 35 27 decision, the applicant may request that the commission 35 28 conduct the hearing on a consolidated basis. The commission 35 29 shall hear the case according to procedures established by 35 30 rules adopted by the department. The commission may hear the 35 31 case as a contested case proceeding under chapter 17A. The 35 32 department, upon petition by the applicant, shall deliver to 35 33 the administrative law judge or the commission a copy of the 35 34 board of supervisors' recommendation together with the results 35 35 produced by its master matrix and any supporting data or 36 1 documents submitted with the results, comments submitted by 36 2 the board to the department, and the department's evaluation 36 3 of the application including the results produced by its 36 4 matrix and any supporting data or documents. If the 36 5 commission hears the case, its decision shall be the 36 6 department's final agency action. The commission shall render 36 7 a decision within thirty-five days from the date that the 36 8 applicant or board files a demand for a hearing. 36 9 (2) A county board of supervisors that has submitted an 36 10 adopted recommendation to the department may contest the 36 11 department's decision by requesting a hearing before the 36 12 commission. The commission shall hear the case according to 36 13 procedures established by rules adopted by the department. 36 14 The commission may hear the case as a contested case 36 15 proceeding under chapter 17A. The board may request that the 36 16 department submit a copy of the department's evaluation of the 36 17 application including the results produced by its matrix and 36 18 any supporting data or documents. The decision by the 36 19 commission shall be the department's final agency action. The 36 20 commission shall render a decision within thirty-five days 36 21 from the date that the board initiates the proceeding. 36 22 c. Judicial review of the decision of either the 36 23 department or the commission may be sought in accordance with 36 24 the terms of chapter 17A. 36 25 9. An applicant for a construction permit may withdraw the 36 26 permit application from consideration by the department at any 36 27 time by filing a written request with the department. The 36 28 filing of the request shall not prejudice the right of the 36 29 applicant to resubmit the application. 36 30 Sec. 36. NEW SECTION. 455B.200F MASTER MATRIX. 36 31 1. The department shall adopt rules for the development 36 32 and use of a master matrix. The purpose of the master matrix 36 33 is to provide a comprehensive assessment mechanism in order to 36 34 produce a statistically verifiable basis for determining 36 35 whether to approve or disapprove an application for the 37 1 construction, including expansion, of a confinement feeding 37 2 operation structure requiring a permit pursuant to section 37 3 455B.200A. 37 4 a. The master matrix shall be used to establish conditions 37 5 for the construction of a confinement feeding operation 37 6 structure and for the implementation of manure management 37 7 practices, which conditions shall be included in the approval 37 8 of the construction permit or the original manure management 37 9 plan as applicable. The master matrix shall be used to 37 10 determine all of the following: 37 11 (1) The appropriate location to construct a confinement 37 12 feeding operation structure, including the proximity and 37 13 orientation of a proposed confinement feeding operation 37 14 structure to objects or locations for which separation 37 15 distances are required pursuant to sections 455B.162 and 37 16 455B.204. 37 17 (2) The appropriate type of a confinement feeding 37 18 operation structure required to be constructed, including the 37 19 type and size of the manure storage structure, or the 37 20 installation of a related pollution-control device. 37 21 b. The master matrix shall be designed to produce 37 22 quantifiable results based on the scoring of objective 37 23 criteria according to an established value scale. Each 37 24 criterion shall be assigned points corresponding to the value 37 25 scale. The master matrix shall consider risks and factors 37 26 mitigating risks if the confinement feeding operation 37 27 structure were constructed according to the application. 37 28 c. The master matrix may be a computer model. However, 37 29 the master matrix must be a practical tool for use by persons 37 30 when completing applications and by persons when scoring 37 31 applications. To every extent feasible, the master matrix 37 32 shall include criteria presented in the form of questions that 37 33 may be readily scored according to ascertainable data and upon 37 34 which reasonable persons familiar with the location of a 37 35 proposed construction site would not ordinarily disagree. 38 1 2. The master matrix shall include criteria valuing 38 2 environmental and community impacts, for use by county boards 38 3 of supervisors and the department. The master matrix shall 38 4 include definite point selections for all criteria provided in 38 5 the master matrix. The master matrix shall provide only for 38 6 scoring of positive points and shall not provide for deduction 38 7 of points. The master matrix shall provide for a minimum 38 8 threshold score required to receive a satisfactory rating. 38 9 The master matrix shall be structured to ensure that it 38 10 feasibly provides for a satisfactory rating. Criteria valuing 38 11 environmental impacts shall account for animal agriculture's 38 12 relationship to quality of the environment and the 38 13 conservation of natural resources, and may include factors 38 14 that refer to all of the following: 38 15 (a) Topography. 38 16 (b) Surface water drainage characteristics. 38 17 (c) The suitability of the soils and the hydrology or 38 18 hydrogeology of the site. 38 19 (d) The proximity to public use areas and critical public 38 20 areas. 38 21 (e) The proximity to water sources, including high-quality 38 22 water resources. 38 23 Sec. 37. Section 455B.201, Code 2001, is amended by adding 38 24 the following new subsection: 38 25 NEW SUBSECTION. 2A. The department may require that the 38 26 owner of a confinement feeding operation install and operate a 38 27 water pollution monitoring system as part of an unformed 38 28 manure storage structure. 38 29 Sec. 38. Section 455B.203, subsections 1 and 2, Code 2001, 38 30 are amended to read as follows: 38 31 1. The following persons shall submit a manure management 38 32 plan, including an original manure management plan and an 38 33 updated manure management plan, as required in this section to 38 34 the department: 38 35 a. The owner of a confinement feeding operation, other 39 1 than a small animal feeding operation, ifthe animalany of 39 2 the following apply: 39 3 (1) The confinement feeding operation was constructed 39 4 after May 31, 1985, regardless of whether the confinement 39 5 feeding operation structure was required to be constructed 39 6 pursuant to a construction permitapproved by rules adopted by39 7the department. 39 8b.(2)The owner of a confinement feeding operation, if39 9the confinement feeding operation is required to be39 10constructed pursuant to a permit issued by the departmentThe 39 11 owner constructs a manure storage structure, regardless of 39 12 whether the person is required to be issued a permit for the 39 13 construction pursuant to section 455B.200A or whether the 39 14 person has submitted a prior manure management plan. 39 15c.b. A person who applies manure from a confinement 39 16 feeding operation, other than a small animal feeding 39 17 operation, which is located in another state, if the manure is 39 18 applied on land located in this state. 39 19 1A. Not more than one confinement feeding operation shall 39 20 be covered by a single manure management plan. 39 21 1B. The owner of a confinement feeding operation who is 39 22 required to submit a manure management plan under this section 39 23 shall submit an updated manure management plan to the 39 24 department on an annual basis. The department shall provide 39 25 for a date that each updated manure management plan is 39 26 required to be submitted to the department. The department 39 27 may provide for staggering the dates on which updated manure 39 28 management plans are due. To satisfy the requirements of an 39 29 updated manure management plan, an owner of a confinement 39 30 feeding operation may, in lieu of a submitting a complete 39 31 plan, file a document stating that the manure management plan 39 32 has not changed, or state all of the changes made since the 39 33 original manure management plan or a previous updated manure 39 34 management plan was submitted and approved. 39 35 1C. The department shall deliver a copy of the manure 40 1 management plan or require the person submitting the manure 40 2 management plan to deliver a copy of the manure management 40 3 plan to all of the following: 40 4 a. The county board of supervisors in the county where the 40 5 manure storage structure owned by the person is located. 40 6 b. The county board of supervisors in the county where the 40 7 manure storage structure is proposed to be constructed. If 40 8 the person is required to be issued a permit for the 40 9 construction of the manure storage structure as provided in 40 10 section 455B.200A, the manure management plan shall accompany 40 11 the application for the construction permit as provided in 40 12 section 455B.200A. 40 13 c. The county board of supervisors in the county where the 40 14 manure is to be applied. 40 15 The manure management plan shall be filed with the county 40 16 board of supervisors. The county auditor or other county 40 17 officer may accept the manure management plan on behalf of the 40 18 board. 40 19 2. A person shall not remove manure from a manure storage 40 20 structure which is part of a confinement feeding operation for 40 21 which a manure management plan is required under this section, 40 22 unless the department approves a manure management plan, 40 23 including an original manure management plan and an updated 40 24 manure management plan, as required in this section. The 40 25 manure management plan shall be submitted by the owner of the 40 26 confinement feeding operation as provided by the departmenton40 27forms prescribed by the departmentin accordance with section 40 28 455B.200D. The owner of a confinement feeding operation 40 29 required to submit a manure management plan for the 40 30 construction of a manure storage structure may remove manure 40 31 from another manure storage structure that is constructed, if 40 32 the department has approved a manure management plan covering 40 33 that manure storage structure. The department may adopt rules 40 34 allowing a person to remove manure from a manure storage 40 35 structure until the manure management plan is approved or 41 1 disapproved by the department according to terms and 41 2 conditions required by rules adopted by the department.The41 3department shall approve or disapprove a manure management41 4plan within sixty days of the date that the department41 5receives a completed plan.41 6 2A. The department shall not approve an original manure 41 7 management plan unless the plan is accompanied by a manure 41 8 management plan filing fee required pursuant to section 41 9 455B.203C. The department shall not approve an updated manure 41 10 management plan unless the updated manure management plan is 41 11 accompanied by an annual compliance fee required pursuant to 41 12 section 455B.203C. 41 13 2B. a. The department shall notissueapprove an 41 14 application for a permitfor the construction ofto construct 41 15 a confinement feeding operationor a related animal feeding41 16operationstructure unless theapplicantowner of the 41 17 confinement feeding operation applying for approval submitsa41 18 an original manure management plan together withanthe 41 19 application for the construction permit as provided in section 41 20 455B.200A. 41 21 b. The department shall not file a construction design 41 22 statement as provided in section 455B.200C, unless the owner 41 23 of the confinement feeding operation structure submits an 41 24 original manure management plan together with the construction 41 25 design statement. The construction design statement and 41 26 manure management plan may be submitted as part of a 41 27 construction permit as provided in section 455B.200A. 41 28 2C. A manure management plan must be authenticated by the 41 29 person required to submit the manure management plan as 41 30 required by the department in accordance with section 41 31 455B.200D. 41 32 2D. The department shall approve or disapprove a manure 41 33 management plan according to procedures established by the 41 34 department: 41 35 a. For an original manure management plan submitted due to 42 1 the construction of a confinement feeding operation structure, 42 2 the department shall approve or disapprove the manure 42 3 management plan as follows: 42 4 (1) If the confinement feeding operation structure is 42 5 constructed pursuant to a construction permit issued pursuant 42 6 to section 455B.200A, the manure management plan shall be 42 7 approved or disapproved as part of the construction permit 42 8 application. 42 9 (2) If the confinement feeding operation structure is not 42 10 constructed pursuant to a construction permit issued pursuant 42 11 to section 455B.200A, the manure management plan shall be 42 12 approved or disapproved within sixty days from the date that 42 13 the department receives the manure management plan. 42 14 b. For an original manure management plan submitted for a 42 15 reason other than the construction of a confinement feeding 42 16 operation structure, the manure management plan shall be 42 17 approved within sixty days from the date that the department 42 18 receives the manure management plan. 42 19 c. For an updated manure management plan, the manure 42 20 management plan shall be approved within thirty days from the 42 21 date that the department receives the updated manure 42 22 management plan. 42 23 Sec. 39. Section 455B.203, subsection 3, paragraph a, Code 42 24 2001, is amended to read as follows: 42 25 a. Restrictions on the application of manure based on all 42 26 of the following: 42 27 (1) Calculations necessary to determine the land area 42 28 required for the application of manure from a confinement 42 29 feeding operation based on nitrogen use levels in order to 42 30 obtain optimum crop yields according to a crop schedule 42 31 specified in the manure management plan, and according to 42 32 requirements adopted by the departmentafter receiving42 33recommendations from the animal agriculture consulting42 34organization provided for in 1995 Iowa Acts, chapter 195,42 35section 37. 43 1 (2) (a) A phosphorus index. The department shall 43 2 establish a phosphorus index by rule in order to determine the 43 3 manner and timing of the application to a land area of manure 43 4 originating from a confinement feeding operation. The 43 5 phosphorus index shall provide for the application of manure 43 6 on a field basis. The phosphorus index shall be used to 43 7 determine application rates, based on the number of pounds of 43 8 phosphorus that may be applied per acre and application 43 9 practices. The phosphorus index shall be based on the field 43 10 office technical guide for Iowa as published by the United 43 11 States department of agriculture, natural resources 43 12 conservation service, which sets forth nutrient management 43 13 standards. 43 14 (b) The department shall develop a state comprehensive 43 15 nutrient management strategy. Prior to developing the state 43 16 comprehensive nutrient management strategy, the department 43 17 shall complete all of the following: 43 18 (i) The development of a comprehensive state nutrient 43 19 budget for the maximum volume, frequency, and concentration of 43 20 nutrients for each watershed that addresses all significant 43 21 sources of nutrients in a water of this state on a watershed 43 22 basis. 43 23 (ii) The assessment of the available nutrient control 43 24 technologies required to identify and assess their 43 25 effectiveness. 43 26 (iii) The development and adoption of administrative rules 43 27 pursuant to chapter 17A required to establish a numeric water 43 28 quality standard for phosphorus. 43 29 (c) Regardless of the development of the state 43 30 comprehensive nutrient management strategy as provided in 43 31 subparagraph subdivision (b), the department shall adopt rules 43 32 required to establish a phosphorus index. The department 43 33 shall cooperate with the United States department of 43 34 agriculture natural resource conservation service technical 43 35 committee for Iowa to refine and calibrate the phosphorus 44 1 index in adopting the rules. Rules adopted by the department 44 2 pursuant to this subparagraph shall become effective on July 44 3 1, 2003. 44 4 (d) The department shall conduct a study that considers 44 5 the effects on waters of this state from phosphorus 44 6 originating from municipal and industrial sources and from 44 7 farm and lawn and garden use. The department shall report the 44 8 results of its study to the general assembly by January 1, 44 9 2004. 44 10 (e) A person submitting a manure management plan shall 44 11 include a phosphorus index as part of the manure management 44 12 plan as follows: 44 13 (i) A person who has submitted an original manure 44 14 management plan prior to April 1, 2002, shall not be required 44 15 to submit a manure management plan update which includes a 44 16 phosphorus index, until on and after the four-year anniversary 44 17 date that the department's rules adopted to implement the 44 18 phosphorus index become effective. 44 19 (ii) A person required to submit an original manure 44 20 management plan on and after April 1, 2002, but prior to the 44 21 date that is sixty days after the department's rules adopted 44 22 to implement the phosphorus index become effective, shall not 44 23 be required to submit a manure management plan update that 44 24 includes a phosphorus index until on and after the two-year 44 25 anniversary date that the department's rules adopted to 44 26 implement the phosphorus index become effective. 44 27 (iii) A person required to submit an original manure 44 28 management plan on and after the date that is sixty days after 44 29 the department's rules adopted to implement the phosphorus 44 30 index become effective shall include the phosphorus index as 44 31 part of the original manure management plan and updated manure 44 32 management plans. 44 33 Subparagraph subdivisions (b) through (e) and this 44 34 paragraph are repealed on the date that any person who has 44 35 submitted an original manure management plan prior to April 1, 45 1 2002, is required to submit a manure management plan update 45 2 which includes a phosphorus index as provided in subparagraph 45 3 subdivision (c), subparagraph subdivision part (i). The 45 4 department shall publish a notice in the Iowa administrative 45 5 bulletin published immediately prior to that date, and the 45 6 director of the department shall deliver a copy of the notice 45 7 to the Iowa Code editor. 45 8 Sec. 40. Section 455B.203, subsection 4, Code 2001, is 45 9 amended to read as follows: 45 10 4. Apersonconfinement feeding operation classified as a 45 11 habitual violatoror a confinement feeding operation in which45 12a habitual violator owns a controlling interest,as provided 45 13 in section 455B.191,shall submit a manure management plan to 45 14 the department on an annual basis, which must be approved by 45 15 the department for the following year of operation. The 45 16 manure management plan shall be a replacement original manure 45 17 management plan rather than a manure management plan update. 45 18 However, the habitual violator required to submit a 45 19 replacement original manure management plan must submit an 45 20 annual compliance fee in the same manner as if the habitual 45 21 violator were submitting an updated manure management plan. 45 22 Sec. 41. Section 455B.203, subsection 7, Code 2001, is 45 23 amended to read as follows: 45 24 7. A personsubmittingrequired to authenticate a manure 45 25 management plan submitted to the department who is found in 45 26 violation of the terms and conditions of the plan shall not be 45 27 subject to an enforcement action other than the assessment of 45 28 a civil penalty pursuant to section455B.191455B.207. 45 29 Sec. 42. Section 455B.203A, subsection 6, paragraph b, 45 30 Code 2001, is amended by striking the paragraph. 45 31 Sec. 43. NEW SECTION. 455B.203C COMPLIANCE FEES. 45 32 1. The department shall establish, assess, and collect all 45 33 of the following compliance fees: 45 34 a. A construction permit application fee that is required 45 35 to accompany an application submitted to the department for 46 1 approval to construct a confinement feeding operation 46 2 structure as provided in section 455B.200A. The amount of the 46 3 construction permit application fee shall not exceed two 46 4 hundred fifty dollars. 46 5 b. A manure management plan filing fee that is required to 46 6 accompany an original manure management plan submitted to the 46 7 department for approval as provided in section 455B.203. 46 8 However, the manure management plan required to be filed as 46 9 part of an application for a construction permit shall be paid 46 10 together with the construction permit application fee. The 46 11 amount of the manure management plan filing fee shall not 46 12 exceed two hundred fifty dollars. 46 13 c. An annual compliance fee that is required to accompany 46 14 an updated manure management plan submitted to the department 46 15 for approval as provided in section 455B.203. The amount of 46 16 the annual compliance fee shall not exceed a rate of fifteen 46 17 cents per animal unit based on the animal unit capacity of the 46 18 confinement feeding operation covered by the manure management 46 19 plan. If the person submitting the manure management plan is 46 20 a contract producer, as provided in chapter 202, the active 46 21 contractor shall be assessed the annual compliance fee. 46 22 d. Fees paid by persons required by the department to be 46 23 certified as commercial manure applicators or confinement site 46 24 manure applicators pursuant to section 455B.203A. 46 25 2. a. Except as provided in paragraph "b", fees collected 46 26 by the department shall be deposited into the animal 46 27 agriculture compliance fund created in section 455B.127. 46 28 Moneys collected from all fees other than the annual 46 29 compliance fee shall be deposited into the compliance fund's 46 30 general account. Moneys collected from the annual compliance 46 31 fee shall be deposited into the compliance fund's assessment 46 32 account. 46 33 b. Receipts that are required to be received by the 46 34 department from persons required to be certified pursuant to 46 35 section 455B.203A may be used to compensate a person who 47 1 teaches continuing instructional courses in lieu of deposit 47 2 into the compliance fund. 47 3 3. At the end of each fiscal year the department shall 47 4 determine the balance of unencumbered and unobligated moneys 47 5 in the assessment account of the animal agriculture compliance 47 6 fund created pursuant to section 455B.127. If on that date 47 7 the balance of unencumbered and unobligated moneys in the 47 8 account is one million dollars or more, the department shall 47 9 adjust the rate of the annual compliance fee for the following 47 10 fiscal year. The adjusted rate for the annual compliance fee 47 11 shall be based on the department's estimate of the amount 47 12 required to ensure that at the end of the following fiscal 47 13 year the balance of unencumbered and unobligated moneys in the 47 14 assessment account is not one million dollars or more. 47 15 Sec. 44. Section 455B.204, subsection 1, Code 2001, is 47 16 amended by striking the subsection. 47 17 Sec. 45. Section 455B.204, subsections 2 through 4, Code 47 18 2001, are amended to read as follows: 47 19 2. Except as provided in subsection34, the following 47 20 shall apply: 47 21 a.An animalA confinement feeding operation structure 47 22 shall not be constructed closer than five hundred feet away 47 23 fromathe surface intake,of an agricultural drainage well. 47 24 A confinement feeding operation structure shall not be 47 25 constructed closer than one thousand feet from a wellhead,or47 26 cistern of an agricultural drainage well, or known sinkhole. 47 27 However, the department may adopt rules requiring an increased 47 28 separation distance under this paragraph in order to protect 47 29 the integrity of a water of this state. The increased 47 30 separation distance shall not be more than two thousand feet. 47 31 If the department exercises its discretion to increase the 47 32 separation distance requirement, the department shall not 47 33 approve an application for the construction of a confinement 47 34 feeding operation structure within that separation distance as 47 35 provided in section 455B.200A. 48 1 b.An animalA confinement feeding operation structure 48 2 shall not be constructed if theanimalconfinement feeding 48 3 operation structure as constructed is closer than any of the 48 4 following: 48 5 (1)TwoFive hundred feet away from awatercoursewater 48 6 source other than a major water source. 48 7 (2)Five hundredOne thousand feet away from a major water 48 8 source. 48 9 (3) Two thousand five hundred feet away from a designated 48 10 wetland. 48 11 c. (1) Awatercoursewater source, other than a major 48 12 water source, shall not be constructed, expanded, or diverted, 48 13 if thewatercoursewater source as constructed, expanded, or 48 14 diverted is closer thantwofive hundred feet away froman48 15animala confinement feeding operation structure. 48 16d.(2) A major water source shall not be constructed, 48 17 expanded, or diverted, if the major water source as 48 18 constructed, expanded, or diverted is closer thanfive hundred48 19 one thousand feet froman animal feedinga confinement 48 20 operation structure. 48 21 (3) A designated wetland shall not be established, if the 48 22 designated wetland is closer than two thousand five hundred 48 23 feet away from a confinement feeding operation structure. 48 24 3. A confinement feeding operation structure shall not be 48 25 constructed on land that is part of a one hundred year 48 26 floodplain as designated by rules adopted by the department 48 27 pursuant to section 455B.200B. 48 283.4. A separation distance required in subsection 2 shall 48 29 not apply to any of the following: 48 30 a. A location or object and a farm pond or privately owned 48 31 lake, as defined in section 462A.2. 48 32 b. A confinement feeding operation building, an egg 48 33 washwater storage structure, or a manure storage structure 48 34 constructed with a secondary containment barrier. The 48 35 department shall adopt rules providing for the construction 49 1 and use of a secondary containment barrier, including 49 2 construction design standards. 49 34. All distances between locations or objects shall be49 4measured from their closest points, as provided by rules49 5adopted by the department.49 6 Sec. 46. Section 455B.204A, Code 2001, is amended to read 49 7 as follows: 49 8 455B.204ADISPOSALAPPLICATION OF MANURE WITHIN DESIGNATED 49 9 AREAS – ADOPTION OF RULES. 49 10 1. The department shall adopt rules relating to the 49 11disposalapplication of manure in close proximity to a 49 12 designated area. 49 13 2.AExcept as otherwise provided in this subsection, a 49 14 person shall notdispose ofapply manure oncroplandland 49 15 located within two hundred feet from a designated area, unless 49 16 one of the following applies: 49 171.a. The manure is land applied by injection or 49 18 incorporationwithin twenty-four hours following the49 19applicationon the same date as the manure was land applied. 49 202.b. An area of permanent vegetation cover, including 49 21 filter strips and riparian forest buffers, exists for fifty 49 22 feet surrounding the designated area other than an unplugged 49 23 agricultural drainage well or surface intake to an unplugged 49 24 agricultural drainage well, andthatthe area of permanent 49 25 vegetation cover is not subject to manure application. 49 26 c. The department adopts rules requiring an increased 49 27 separation distance for the application of manure located in 49 28 proximity to a high quality water resource in order to protect 49 29 the integrity of the high quality water resource. However, 49 30 the department shall not provide for an increased separation 49 31 distance requirement that is more than four times the 49 32 separation distance requirement otherwise applicable under 49 33 this section. 49 34 As used in this section, "designated area" means a known 49 35 sinkhole, or a cistern, abandoned well, unplugged agricultural 50 1 drainage well, agricultural drainage well surface inlet, 50 2 drinking water well, designated wetland, orlake, or a farm50 3pond or privately owned lake as defined in section 462A.250 4 water source. However, a "designated area" does not include a 50 5 terrace tile inlet. 50 6 Sec. 47. Section 455B.205, subsection 1, Code 2001, is 50 7 amended to read as follows: 50 8 1. The department shallestablish by rule engineering50 9 adopt rules requiring construction design standards forthe50 10construction ofunformed manure storage structures required to 50 11 be constructed pursuant to a construction permit issuedunder50 12 pursuant to section 455B.200A. 50 13 Sec. 48. Section 455B.205, subsection 2, unnumbered 50 14 paragraph 1, Code 2001, is amended to read as follows: 50 15 The construction design standards for unformed manure 50 16 storage structures established by the department shall account 50 17 for special design characteristics ofanimalconfinement 50 18 feeding operations, including all of the following: 50 19 Sec. 49. Section 455B.205, Code 2001, is amended by adding 50 20 the following new subsection: 50 21 NEW SUBSECTION. 2A. A person shall not construct an 50 22 unformed manure storage structure on karst terrain or on an 50 23 area that drains into a known sinkhole. 50 24 Sec. 50. NEW SECTION. 455B.205A CONSTRUCTION DESIGN 50 25 STANDARDS – FORMED MANURE STORAGE STRUCTURES. 50 26 The department shall adopt rules establishing construction 50 27 design standards for formed manure storage structures that are 50 28 part of confinement feeding operations other than small animal 50 29 feeding operations. 50 30 1. The department may provide for different standards 50 31 based on criteria developed by the department, which may 50 32 include any of the following: 50 33 a. The animal unit capacity of the manure storage 50 34 structure's confinement feeding operation or the manure 50 35 storage structure's manure volume capacity. 51 1 b. Whether the manure storage structure stores manure in 51 2 an exclusively dry form. 51 3 c. Whether the manure storage structure is part of a 51 4 confinement feeding operation building. 51 5 d. The use of concrete, including its use for the 51 6 structure's footings, walls, or floor. 51 7 2. The construction design standards shall be based, to 51 8 every extent possible, on uniform standards such as available 51 9 standards promulgated by the American society for testing and 51 10 materials. The department may require that all or any part of 51 11 a formed manure storage structure be constructed of concrete. 51 12 3. The construction design standards for concrete shall 51 13 provide for all of the following: 51 14 a. The concrete's minimum compressive strength calculated 51 15 on a pounds-per-square-inch basis. 51 16 b. The use of reinforcement, including but not limited to 51 17 the grade, amount, and location of steel rebar or fiberglass, 51 18 wire mesh or fabric, or similar materials set in the concrete, 51 19 or the use of exterior braces to support joints. 51 20 c. The depth of footings. 51 21 d. The thickness of the footings, the floor and walls. 51 22 4. A person shall only construct a formed manure storage 51 23 structure on karst terrain or an area which drains into a 51 24 known sinkhole pursuant to upgraded construction design 51 25 standards necessary to ensure that the structure does not 51 26 pollute groundwater sources. 51 27 Sec. 51. NEW SECTION. 455B.207 CIVIL PENALTY. 51 28 A person who violates this subpart shall be subject to a 51 29 civil penalty which shall be established, assessed, and 51 30 collected in the same manner as provided in section 455B.191. 51 31 Any civil penalty collected shall be deposited in the animal 51 32 agriculture compliance fund created in section 455B.127. 51 33 Sec. 52. Section 455I.1, unnumbered paragraph 1, Code 51 34 2001, is amended by striking the unnumbered paragraph. 51 35 Sec. 53. Section 455J.1, subsections 1 through 5 and 52 1 subsections 7 and 8, Code 2001, are amended by striking the 52 2 subsections. 52 3 Sec. 54. Section 455J.3, subsection 1, unnumbered 52 4 paragraph 1, Code 2001, is amended to read as follows: 52 5 If the confinement feeding operation has an animalweight52 6 unit capacity of less thansix hundred twenty-five thousand52 7poundsone thousand animal units, the following shall apply: 52 8 Sec. 55. Section 455J.3, subsection 2, unnumbered 52 9 paragraph 1, Code 2001, is amended to read as follows: 52 10 If the confinement feeding operation has an animalweight52 11 unit capacity ofsix hundred twenty-five thousandone thousand 52 12 or morepoundsanimal units but less thanone million two52 13hundred fifty thousand poundsthree thousand animal units, the 52 14 following shall apply: 52 15 Sec. 56. Section 455J.3, subsection 3, unnumbered 52 16 paragraph 1, Code 2001, is amended to read as follows: 52 17 If the confinement feeding operation has an animalweight52 18 unit capacity ofone million two hundred fifty thousandthree 52 19 thousand or morepoundsanimal units, the following shall 52 20 apply: 52 21 Sec. 57. Section 455J.4, Code 2001, is amended to read as 52 22 follows: 52 23 455J.4 MANURE MANAGEMENT PLAN – INDEMNITY FEE REQUIRED. 52 24 An indemnity fee shall be assessed upon persons required to 52 25 submitaan original manure management plan as provided in 52 26 section 455B.203, but not required to obtain a construction 52 27 permit pursuant to section 455B.200A. A person required to 52 28 submit a replacement original manure management plan shall not 52 29 be assessed an indemnity fee. The amount of thefeesfee 52 30 shall be ten cents per animal unit of capacity for the 52 31 confinement feedingoperationsoperation covered by the manure 52 32 management plan. 52 33 Sec. 58. NEW SECTION. 481A.151 RESTITUTION FOR POLLUTION 52 34 CAUSING INJURY TO WILD ANIMALS. 52 35 1. A person who is liable for polluting a water of this 53 1 state in violation of state law, including this chapter, shall 53 2 also be liable to pay restitution to the department for injury 53 3 caused to a wild animal by the pollution. The amount of the 53 4 restitution shall also include the department's administrative 53 5 costs for investigating the incident. The administration of 53 6 this section shall not result in a duplication of damages 53 7 collected by the department under section 455B.392, subsection 53 8 1, paragraph "c". 53 9 2. The commission shall adopt rules providing for 53 10 procedures for investigations and the administrative 53 11 assessment of restitution amounts. The rules shall establish 53 12 an opportunity to appeal a departmental action including by a 53 13 contested case proceeding under chapter 17A. A final 53 14 administrative decision assessing an amount of restitution may 53 15 be enforced by the attorney general at the request of the 53 16 director. 53 17 3. Rules adopted by the commission shall provide for 53 18 methods used to determine the extent of an injury and the 53 19 monetary values for the loss of injured wild animals based on 53 20 species. 53 21 a. The rules shall provide for methods used to count dead 53 22 fish and to calculate restitution values. The rules may 53 23 incorporate methods and values published by the American 53 24 fisheries society. To every extent practicable, the values 53 25 shall be based on the estimates of lost recreational angler 53 26 opportunities where applicable. As an alternative method of 53 27 valuation, the rules may provide that for fish species that 53 28 are protected by catch limits, possession limits, size limits, 53 29 or closed seasons applicable to anglers, liquidated damages 53 30 apply. The amount of the liquidated damages shall not exceed 53 31 fifteen dollars per fish. For fish species that are 53 32 classified by the commission as endangered or threatened, the 53 33 rules may establish liquidated damages not to exceed one 53 34 thousand dollars per fish. 53 35 b. The rules shall provide guidelines for estimating the 54 1 extent of loss of a species that is affected by a pollution 54 2 incident but which would not be practical to count in sample 54 3 areas. The rules may establish liquidated damage amounts for 54 4 species whose replacement cost is difficult to determine. 54 5 4. Moneys collected by the department in restitution shall 54 6 be deposited into the state fish and game protection fund. 54 7 The moneys shall be used exclusively to support restoration or 54 8 improvement of fisheries, including but not limited to aquatic 54 9 habitat improvement projects as provided in rules adopted by 54 10 the commission. However, moneys collected from restitution 54 11 paid for investigative costs shall be used as determined by 54 12 the director. 54 13 Sec. 59. MANURE STORAGE INDEMNITY FUND – TEMPORARY 54 14 TRANSFER. Notwithstanding section 455J.2, the department is 54 15 authorized to temporarily transfer any amount of the 54 16 unobligated and unencumbered balance of the manure storage 54 17 indemnity fund as provided under section 455J.2 to the general 54 18 account of the animal agriculture compliance fund as created 54 19 in section 455B.127, as enacted in this Act, for use as 54 20 provided in section 455B.127. The department shall return the 54 21 amount transferred under this section to the manure storage 54 22 indemnity fund according to a schedule established by the 54 23 department upon the collection of compliance fees deposited 54 24 into the animal agriculture compliance fund pursuant to 54 25 section 455B.203C. Notwithstanding section 455B.127, the 54 26 department may return moneys from the assessment account of 54 27 the animal agriculture compliance fund to the manure storage 54 28 indemnity fund if at any time moneys are not sufficiently 54 29 available to make the return from the general account of the 54 30 animal agriculture compliance fund. 54 31 Sec. 60. FORMED MANURE STORAGE STRUCTURES – CONSTRUCTION 54 32 DESIGN STANDARDS. Until the effective date of rules adopted 54 33 by the department providing construction design standards for 54 34 formed manure storage structures as provided in section 54 35 455B.205A, as enacted in this Act, the department's rules 55 1 providing construction design standards used in the 55 2 construction of formed manure storage structures shall apply 55 3 to formed manure storage structures as provided in section 55 4 455B.205A, regardless of whether a formed manure storage 55 5 structure must be constructed pursuant to a permit issued 55 6 under section 455B.200A, as amended by this Act. However, 55 7 this section does not apply to a manure storage structure that 55 8 stores manure exclusively on a dry-matter basis. 55 9 Sec. 61. INTERIM APPROVAL OF CONSTRUCTION PERMITS FOR 55 10 CONFINEMENT FEEDING OPERATION STRUCTURES – COUNTY 55 11 PARTICIPATION AND RIGHTS OF APPLICANTS AND COUNTY BOARDS OF 55 12 SUPERVISORS. This section applies to an applicant for a 55 13 construction permit pursuant to section 455B.200A, as amended 55 14 by this Act, and to a county board of supervisors that submits 55 15 comments regarding a permit for the construction of a 55 16 confinement feeding operation structure pursuant to section 55 17 455B.200A, as amended by this Act. Notwithstanding section 55 18 455B.200E, as enacted in this Act, all of the following shall 55 19 apply: 55 20 1. The department shall not approve the application until 55 21 thirty days following delivery of the application to the 55 22 county board of supervisors. 55 23 2. The department shall consider and respond to comments 55 24 submitted by the county board of supervisors regarding 55 25 compliance by the applicant with the legal requirements for 55 26 approving the construction permit in the same manner as 55 27 provided pursuant to section 455B.200A, Code of Iowa 2001. 55 28 3. The department shall notify the county board of 55 29 supervisors prior to conducting an inspection of the site on 55 30 which the construction is proposed in the permit application, 55 31 and the county may accompany a departmental official during 55 32 the site inspection, in the same manner as provided in section 55 33 455B.200A, Code of Iowa 2001. 55 34 4. Upon written request by a county resident, the county 55 35 board of supervisors shall forward a copy of the board's 56 1 comments and the department's responses to the county resident 56 2 as provided in chapter 22. 56 3 5. The department shall notify the applicant and county 56 4 board of supervisors of the county in which a confinement 56 5 feeding operation structure subject to a construction permit 56 6 is proposed to be constructed. The notice shall state the 56 7 department's decision to approve or disapprove an application 56 8 for the construction permit which shall be delivered to the 56 9 applicant and board in the same manner as provided for 56 10 counties in section 455B.200A, Code of Iowa 2001. The 56 11 applicant may contest the department's decision by filing a 56 12 demand for a hearing before an administrative law judge or the 56 13 environmental protection commission. The board may contest 56 14 the department's decision by filing a demand for a hearing 56 15 before the commission. The applicant shall contest the 56 16 decision and the commission shall conduct the proceeding and 56 17 render a decision in the same manner as provided in section 56 18 455B.200E, as enacted by this Act. 56 19 Sec. 62. ESTABLISHMENT OF A MASTER MATRIX – TECHNICAL 56 20 ADVISORY COMMITTEE. 56 21 1. The department of natural resources shall adopt rules 56 22 establishing a master matrix as required pursuant to section 56 23 455B.200F according to recommendations made to the department 56 24 by a technical advisory committee established pursuant to this 56 25 section. The technical advisory committee shall be composed 56 26 of all of the following: 56 27 a. A designee of the secretary of agriculture. 56 28 b. A designee of the director of the department of natural 56 29 resources. 56 30 c. A designee of the president of the university of Iowa. 56 31 d. A designee of the president of Iowa state university. 56 32 e. A representative of the Iowa environmental council. 56 33 f. A representative of the Iowa state association of 56 34 counties. 56 35 g. A representative of the Iowa farm bureau federation. 57 1 h. A representative of the Iowa's farmers union. 57 2 i. Two representatives of organizations representing 57 3 livestock producers who shall be jointly designated to the 57 4 department of natural resources by the Iowa pork producers 57 5 association, the Iowa cattlemens' association, the Iowa dairy 57 6 products association, the Iowa poultry association, and the 57 7 Iowa turkey federation. 57 8 The department of natural resources shall provide 57 9 administrative support to the committee. The attorney general 57 10 shall appoint an assistant attorney general to provide the 57 11 committee with legal counsel and assistance. 57 12 2. In establishing the scoring system for the master 57 13 matrix, only positive points shall be used. The master matrix 57 14 shall be designed as a menu of items with positive points 57 15 assigned to each item within the selection list. The matrix 57 16 shall not include any deduction of points. 57 17 3. The department shall adopt rules pursuant to chapter 57 18 17A in order to carry out the requirements of this section. 57 19 Based on the committee's recommendations to establish a master 57 20 matrix, the department shall provide a draft of a notice of 57 21 intended action to the environmental protection commission not 57 22 later than during its September 2002 meeting. The 57 23 department's notice of intended action shall not be published 57 24 later than in the November 27, 2002, issue of the Iowa 57 25 administrative bulletin. The notice of intended action 57 26 required under this section shall include a statement of the 57 27 terms or substance of the intended action in the manner 57 28 provided for in section 17A.4. The rules shall take effect on 57 29 March 1, 2003. 57 30 Sec. 63. DEPARTMENT OF NATURAL RESOURCES – APPROVAL OF 57 31 APPLICATIONS FOR CONSTRUCTION PERMITS – USING INTERIM MATRIX. 57 32 1. Notwithstanding sections 455B.200A and 455B.200F, the 57 33 department shall approve or disapprove an application for a 57 34 permit to construct a confinement feeding operation structure 57 35 pursuant to section 455B.200A, if an application is submitted 58 1 according to procedures required by the department, the 58 2 application meets standards established under chapter 455B, as 58 3 amended by this Act, and the application complies with the 58 4 requirements of this section. This section does not apply to 58 5 the expansion of a confinement feeding operation that includes 58 6 a confinement feeding operation structure constructed prior to 58 7 April 1, 2002, due to the construction or expansion of a 58 8 confinement feeding operation structure if after the expansion 58 9 of the confinement feeding operation, its animal unit capacity 58 10 is one thousand six hundred sixty-six animal units or less. 58 11 2. This section applies on and after the date that the 58 12 department publishes a notice in the Iowa administrative 58 13 bulletin commencing its evaluation of applications under this 58 14 section. 58 15 3. The department shall approve or disapprove an 58 16 application based on an interim matrix. The interim matrix 58 17 shall be used to award points as provided in this subsection. 58 18 In order to be issued a construction permit, a person must 58 19 achieve one hundred points. The points shall be awarded as 58 20 follows: 58 21 a. The following criteria shall apply to separation 58 22 distances. The separation distances provided in this 58 23 paragraph shall apply in addition to separation distances 58 24 required for confinement feeding operation structures or for 58 25 the application of manure originating from confinement feeding 58 26 operations as provided in chapter 455B, divisions II and III, 58 27 as provided in the 2001 Code of Iowa, unless otherwise 58 28 provided in this paragraph "a". 58 29 (1) The following criteria shall apply to require 58 30 additional separation distances between a proposed confinement 58 31 feeding operation structure and a residence not owned by the 58 32 owner of the confinement feeding operation, a commercial 58 33 enterprise, a bona fide religious institution, or an 58 34 educational institution as provided in section 455B.162: 58 35 (a) Two hundred fifty or more feet but less than five 59 1 hundred feet: five points. 59 2 (b) Five hundred or more feet but less than seven hundred 59 3 fifty feet: ten points. 59 4 (c) Seven hundred fifty or more feet but less than one 59 5 thousand feet: fifteen points. 59 6 (d) One thousand or more feet but less than one thousand 59 7 two hundred fifty feet: twenty points. 59 8 (e) One thousand two hundred fifty or more feet: twenty- 59 9 five points. 59 10 (2) The following criteria shall apply to require 59 11 additional separation distances between a proposed confinement 59 12 feeding operation structure and a public use area as provided 59 13 in section 455B.162 or a primary highway as defined in section 59 14 306C.10: 59 15 (a) Two hundred fifty or more feet but less than five 59 16 hundred feet: five points. 59 17 (b) Five hundred or more feet but less than seven hundred 59 18 fifty feet: ten points. 59 19 (c) Seven hundred fifty or more feet but less than one 59 20 thousand feet: fifteen points. 59 21 (d) One thousand or more feet but less than one thousand 59 22 two hundred fifty feet: twenty points. 59 23 (e) One thousand two hundred fifty or more feet: twenty- 59 24 five points. 59 25 (3) The following criteria shall apply to require 59 26 additional separation distances between a proposed confinement 59 27 feeding operation structure and a major water source as 59 28 provided in section 455B.204 or a high-quality water resource 59 29 as defined in section 455B.200B, as enacted in this Act: 59 30 (a) Two hundred fifty or more feet but less than five 59 31 hundred feet: five points. 59 32 (b) Five hundred or more feet but less than seven hundred 59 33 fifty feet: ten points. 59 34 (c) Seven hundred fifty or more feet but less than one 59 35 thousand feet: fifteen points. 60 1 (d) One thousand or more feet but less than one thousand 60 2 two hundred fifty feet: twenty points. 60 3 (e) One thousand two hundred fifty or more feet: twenty- 60 4 five points. 60 5 (4) The following criteria shall apply to require 60 6 additional separation distances between a proposed confinement 60 7 feeding operation structure and a critical public area as 60 8 defined in section 455B.200B, subsection 6, as enacted by this 60 9 Act: 60 10 (a) One thousand or more feet but less than one thousand 60 11 two hundred fifty feet: twenty points. 60 12 (b) One thousand two hundred fifty or more feet: twenty- 60 13 five points. 60 14 (5) The following criteria shall apply to require an 60 15 additional separation distance of five hundred or more feet 60 16 between a proposed confinement feeding operation structure and 60 17 a watercourse, other than a major water source, as provided in 60 18 section 455B.204: five points. 60 19 (6) The following criteria shall apply to require 60 20 additional separation distances between the application of 60 21 manure originating from a confinement feeding operation and a 60 22 residence not owned by the owner of the confinement feeding 60 23 operation, or a commercial enterprise, bona fide religious 60 24 institution, or an educational institution as provided in 60 25 section 455B.162: 60 26 (a) Two hundred fifty or more feet but less than five 60 27 hundred feet: five points. 60 28 (b) Five hundred or more feet but less than seven hundred 60 29 fifty feet: ten points. 60 30 (c) Seven hundred fifty or more feet but less than one 60 31 thousand feet: fifteen points. 60 32 (d) One thousand or more feet but less than one thousand 60 33 two hundred fifty feet: twenty points. 60 34 (e) One thousand two hundred fifty or more feet: twenty- 60 35 five points. 61 1 An applicant who incorporates manure by injection shall be 61 2 entitled to the following: fifteen points. 61 3 (7) The following criteria shall apply to require an 61 4 additional separation distance between the application of 61 5 manure originating from a confinement feeding operation and a 61 6 public use area as provided in section 455B.162 or a primary 61 7 highway as defined in section 306C.10: 61 8 (a) Two hundred fifty or more feet but less than five 61 9 hundred feet: five points. 61 10 (b) Five hundred or more feet but less than seven hundred 61 11 fifty feet: ten points. 61 12 (c) Seven hundred fifty or more feet but less than one 61 13 thousand feet: fifteen points. 61 14 (d) One thousand or more feet but less than one thousand 61 15 two hundred fifty feet: twenty points. 61 16 (e) One thousand two hundred fifty or more feet: twenty- 61 17 five points. 61 18 An applicant who incorporates manure by injection shall be 61 19 entitled to the following: fifteen points. 61 20 (8) The following criteria shall apply to require 61 21 additional separation distances between the application of 61 22 manure originating from a confinement feeding operation and a 61 23 critical public area as defined in section 455B.200B, 61 24 subsection 6, as enacted in this Act: 61 25 (a) One thousand or more feet but less than one thousand 61 26 two hundred fifty feet: twenty points. 61 27 (b) One thousand two hundred fifty or more feet: twenty- 61 28 five points. 61 29 (9) The following criteria shall apply to require 61 30 additional separation distances between the application of 61 31 manure originating from a confinement feeding operation and a 61 32 major water source: 61 33 (a) One thousand or more feet but less than one thousand 61 34 two hundred fifty feet: twenty points. 61 35 (b) One thousand two hundred fifty or more feet: twenty- 62 1 five points. 62 2 (10) The following criteria shall apply to require 62 3 additional separation distances between the application of 62 4 manure originating from a confinement feeding operation and a 62 5 high-quality water resource as defined in section 455B.200B, 62 6 as enacted in this Act: 62 7 (a) Five hundred or more feet but less than seven hundred 62 8 fifty feet: ten points. 62 9 (b) Seven hundred fifty or more feet but less than one 62 10 thousand feet: fifteen points. 62 11 (c) One thousand or more feet but less than one thousand 62 12 two hundred fifty feet: twenty points. 62 13 (d) One thousand two hundred fifty or more feet: twenty- 62 14 five points. 62 15 (11) The following points shall be awarded if an 62 16 additional separation distance is required for the application 62 17 of manure originating from a confinement feeding operation and 62 18 a watercourse other than a major water source as provided in 62 19 section 455B.204: five points. 62 20 b. The following points shall be awarded if a confinement 62 21 feeding operation is located on land owned or operated by the 62 22 same family for three or more years: fifteen points. 62 23 c. The following points shall be awarded if the owner of 62 24 the confinement feeding operation owns the animals maintained 62 25 by the confinement feeding operation and provides substantial 62 26 labor in providing for their maintenance: ten points. 62 27 d. The following criteria shall apply to a confinement 62 28 feeding operation located on land owned by one of the 62 29 following persons: 62 30 (1) A person who resides on the land: five points. 62 31 (2) A person who closest resides to the proposed 62 32 confinement feeding operation structure: ten points. 62 33 (3) A person who performs the majority of the physical 62 34 work which significantly contributes to the operation: ten 62 35 points. 63 1 (4) A person who is involved in making substantial 63 2 improvements to the confinement feeding operation, if the 63 3 improvements do not provide for expansion by more than one 63 4 hundred fifty percent of the animal unit capacity of the 63 5 confinement feeding operation: ten points. 63 6 (5) A person who qualifies as a beginning farmer as 63 7 defined in section 175.2: fifteen points. 63 8 e. The following criteria shall apply to an owner of a 63 9 confinement feeding operation who provides for the following 63 10 manure management practices: 63 11 (1) The incorporation of manure within twenty-four hours: 63 12 five points. 63 13 (2) The use of a cover over a manure storage structure or 63 14 a natural crust or oil sprinkling: five points. 63 15 (3) Participation in the United States department of 63 16 agriculture natural resource and conservation program referred 63 17 to as the "filter strip program at 33 feet": ten points. 63 18 (4) The installation of a filter designed to reduce odors 63 19 from exhaust fans: ten points. 63 20 (5) The utilization of feed or feed additives containing 63 21 low phytase corn or the feeding of phytase: ten points. 63 22 (6) The utilization of a biofilter or impermeable cover: 63 23 ten points. 63 24 (7) The utilization of a methane digester (recovery) 63 25 system for energy or an anaerobic digester: twenty-five 63 26 points. 63 27 (8) The utilization of landscaping or other similar 63 28 controls approved by the department: ten points. 63 29 (9) The establishment or expansion of a filter strip from 63 30 thirty-three feet or more up to one hundred twenty feet: 63 31 fifteen points. 63 32 (10) The construction of a secondary containment 63 33 structure: fifteen points. 63 34 (11) The construction of a manure storage structure 63 35 beneath a confinement feeding operation structure building: 64 1 ten points. 64 2 (12) Participation in the United States department of 64 3 agriculture natural resource and conservation service program 64 4 referred to as the "contour buffer strip program": twenty- 64 5 five points. 64 6 f. The following points shall be awarded if the 64 7 confinement feeding operation provides for the distribution of 64 8 bulk dry animal nutrient products, the person receiving the 64 9 product agrees that the product will be incorporated, and the 64 10 person who incorporates the manure includes the condition as 64 11 part of the person's manure management plan: twenty-five 64 12 points. 64 13 Sec. 64. 1995 Iowa Acts, chapter 195, section 37, as 64 14 amended by 1998 Iowa Acts, chapter 1209, section 40, is 64 15 repealed. 64 16 Sec. 65. INTERIM APPROVAL OF APPLICATIONS FOR CONSTRUCTION 64 17 PERMITS – REPEAL. The section of this Act providing for the 64 18 interim approval of applications for construction permits by 64 19 the department of natural resources is repealed March 1, 2003. 64 20 Sec. 66. INTERIM COUNTY PARTICIPATION REPEAL. The section 64 21 of this Act providing for interim county participation in the 64 22 approval of construction permits for confinement feeding 64 23 operation structures is repealed March 1, 2003, and the rights 64 24 of applicants' boards of supervisors to contest departmental 64 25 decisions. However, the provisions of the section shall 64 26 continue to apply to applications received by a county board 64 27 of supervisors prior to March 1, 2003. 64 28 DIVISION II 64 29 DIRECTIONS TO CODE EDITOR, 64 30 CHANGE THE NAME OF TERMS AND 64 31 TRANSFER TO NEW TITLE 64 32 Sec. 67. CHANGE OF NAME OF TERMS. 64 33 1. The Code editor is directed to change the term "animal 64 34 feeding operation structure" or "an animal feeding operation 64 35 structure" to "confinement feeding operation structure" or "a 65 1 confinement feeding operation structure" wherever the term 65 2 appears in section 455B.161A, subsection 2, Code 2001; section 65 3 455B.162, subsection 3, Code 2001; section 455B.163, 65 4 subsection 3, paragraph "d", Code 2001; section 455B.165, 65 5 subsection 3, paragraph "b", and subsections 6 and 8, Code 65 6 2001; section 455B.200B, subsection 2, Code 2001; and section 65 7 455B.202, subsection 2, paragraphs "c" and "d", Code 2001. 65 8 2. The Code editor is directed to change the term "animal 65 9 feeding operation structures" to "confinement feeding 65 10 operation structures" wherever the term appears in section 65 11 455B.161A, subsection 2, paragraph "c", Code 2001; section 65 12 455B.200B, subsection 2, Code 2001; and section 455B.162, 65 13 unnumbered paragraph 1, Code 2001. 65 14 3. The Code editor is directed to change the term "animal 65 15 feeding operation" or "an animal feeding operation" to 65 16 "confinement feeding operation" or "a confinement feeding 65 17 operation" wherever it appears in section 455B.163, unnumbered 65 18 paragraph 1, Code 2001; section 455B.163, subsection 3, 65 19 paragraph "c", Code 2001; section 455B.165, subsection 6, Code 65 20 2001; and section 455B.205, subsection 3, paragraph "b", Code 65 21 2001. 65 22 4. The Code editor is directed to change the phrase 65 23 "confinement feeding operation structure or anaerobic lagoon 65 24 which is part of a confinement feeding operation" to 65 25 "confinement feeding operation structure" wherever the phrase 65 26 appears in section 455B.191, subsection 7, Code 2001. 65 27 5. The Code editor is directed to change the phrase "an 65 28 animal feeding operation structure which is part of a 65 29 confinement feeding operation" to "a confinement feeding 65 30 operation structure" wherever the phrase appears in section 65 31 455B.202, subsection 2, Code 2001. 65 32 6. The Code editor is directed to change the term "bovine" 65 33 to "cattle" wherever the term appears in Code section 65 34 455B.162, Code 2001. 65 35 Sec. 68. DIRECTIONS TO THE CODE EDITOR. 66 1 1. The Code editor is directed to transfer and consolidate 66 2 provisions concerning animal agriculture into new chapter 66 3 456D, consistent with this section and the authority of the 66 4 Code editor pursuant to chapter 2B. As part of this transfer 66 5 and consolidation, the Code editor shall divide the chapters 66 6 into subchapters as follows: 66 7 a. Subchapter 1 shall include a new section stating the 66 8 following: This chapter shall be known and may be cited as 66 9 the "Animal Agriculture Compliance Act". Section 455B.161, as 66 10 amended by this Act, shall be transferred to subchapter 1. 66 11 Section 455B.171, subsections 7, 33, and 44, shall be 66 12 transferred and consolidated into section 455B.161 as 66 13 transferred to subchapter 1. Section 455J.1, subsections 4, 66 14 6, and 9, shall be transferred and consolidated into section 66 15 455B.161 as transferred to subchapter 1. Section 455B.200B, 66 16 subsection 6, as enacted by this Act, shall be consolidated 66 17 into section 455B.161 as transferred to subchapter 1. Section 66 18 455B.200, as amended by this Act, shall also be transferred to 66 19 subchapter 1. 66 20 b. Chapter 455B, division II, part 2, including sections 66 21 amended or enacted by this Act, with the exception of section 66 22 455B.164, shall be transferred to new chapter 456D, as 66 23 subchapter 2. 66 24 c. Chapter 455B, division III, part 1, subpart A, as 66 25 enacted in this Act, with the exception of section 455B.200, 66 26 as amended by this Act, and section 455B.207, as enacted by 66 27 this Act, shall be transferred to new chapter 456D, as 66 28 subchapter 3. 66 29 d. Sections 455B.125 through 455B.127, as enacted by this 66 30 Act, shall be transferred to new chapter 456D, as subchapter 66 31 4. 66 32 e. Chapter 455J, with the exception of section 455J.1, 66 33 shall be transferred to new chapter 456D, as subchapter 5. 66 34 f. Section 455B.110, as amended by this Act, is 66 35 transferred to new chapter 456D, as subchapter 6. Sections 67 1 455B.167, and 455B.207, as enacted by this Act; section 67 2 455B.191, subsection 7, Code 2001, and section 455B.191, 67 3 subsection 8, as amended by this Act; and section 455B.104, 67 4 subsection 2, are transferred as new sections to new 67 5 subchapter 6. 67 6 2. The Code editor is directed to transfer chapter 455I to 67 7 new chapter 456C. Subchapter 1 shall include section 455I.1, 67 8 subsections 1 through 4 and 6 through 13, Code 2001. 67 9 Subchapter 2 shall include a new section stating the 67 10 following: As used in this subchapter, unless the context 67 11 otherwise requires, "department" means the department of 67 12 natural resources. Subchapter 2 shall include sections 455I.2 67 13 through 455I.7. Subchapter 3 shall include a new section 67 14 stating the following: As used in this subchapter, unless the 67 15 context otherwise requires, "department" means the department 67 16 of agriculture and land stewardship. The Code editor is 67 17 directed to transfer sections 159.28 through 159.29B, Code 67 18 2001, to new chapter 456C, subchapter 3. 67 19 Sec. 69. Section 455B.164, Code 2001, is repealed. 67 20 DIVISION III 67 21 RETROACTIVE APPLICABILITY AND EFFECTIVE DATES 67 22 Sec. 70. RETROACTIVE APPLICATION. 67 23 1. If the provisions of this Act would apply to require 67 24 that a person must be issued a construction permit as provided 67 25 in section 455B.200A, as amended by this Act, upon the 67 26 enactment of this Act, for the construction of a confinement 67 27 feeding operation structure, the requirements of section 67 28 455B.200A, as amended by this Act, shall apply retroactively 67 29 as provided in this section. The provisions of this Act shall 67 30 apply retroactively only if all of the following are 67 31 satisfied: 67 32 a. An application for a permit to construct the 67 33 confinement feeding operation structure was submitted to the 67 34 department on or after April 1, 2002, but prior to the 67 35 enactment of this Act, regardless of whether the department 68 1 has approved the application; a manure management plan was 68 2 submitted to the department without a construction permit as 68 3 provided in 567 IAC 65.16(2) on or after April 1, 2002, but 68 4 prior to the enactment of this Act regardless of whether the 68 5 department has approved the manure management plan; or 68 6 construction of a confinement feeding operation structure has 68 7 not begun upon the enactment of this Act and the person would 68 8 otherwise be required to submit a manure management plan prior 68 9 to the construction of the confinement feeding operation 68 10 structure as provided in section 455B.203, as amended in this 68 11 Act. 68 12 b. The department has not received evidence that an 68 13 applicant or person submitting or required to submit a manure 68 14 management plan as provided in subsection 2, has incurred 68 15 commitments based on a reliance of the law as the law existed 68 16 on March 31, 2002. The commitments must constitute a legal 68 17 obligation for performance by the person to construct a 68 18 confinement feeding operation structure. The applicant or 68 19 other person required to submit the evidence to the department 68 20 must submit such evidence not later than twenty-one days after 68 21 the effective date of this Act. 68 22 2. This Act shall not apply retroactively other than as 68 23 provided in this section. The department shall approve or 68 24 disapprove a pending construction permit application or manure 68 25 management plan not subject to subsection 1 and a person may 68 26 construct a confinement feeding operation structure according 68 27 to the applicable requirements of the 2001 Code of Iowa and 68 28 rules adopted by the department and in effect on March 31, 68 29 2002. 68 30 3. Until March 1, 2003, the department shall use the 68 31 interim matrix as provided in this Act in lieu of the master 68 32 matrix required to be used pursuant to section 455B.200E. 68 33 Sec. 71. EFFECTIVE DATES. 68 34 1. Except as provided in subsections 2 and 3, this Act, 68 35 being deemed of immediate importance, takes effect upon 69 1 enactment. 69 2 2. The sections of this Act amending sections 455B.162, 69 3 455B.163, 455B.204, and 455B.204A, take effect on March 1, 69 4 2003. Sections 455B.200C and 455B.200E, as enacted in this 69 5 Act, take effect on March 1, 2003. The provisions of section 69 6 455B.205A, as enacted by this Act, as the provisions apply to 69 7 confinement feeding operations storing manure exclusively on a 69 8 dry matter basis, take effect upon the effective date of rules 69 9 adopted to implement section 455B.205A. 69 10 3. Notwithstanding section 455B.203, as amended by this 69 11 Act, a person shall not be required to submit a manure 69 12 management plan update earlier than March 1, 2003. The 69 13 department shall adopt rules necessary to administer this Act 69 14 including these sections on and after the enactment of this 69 15 Act. 69 16 69 17 69 18 69 19 MARY E. KRAMER 69 20 President of the Senate 69 21 69 22 69 23 69 24 BRENT SIEGRIST 69 25 Speaker of the House 69 26 69 27 I hereby certify that this bill originated in the Senate and 69 28 is known as Senate File 2293, Seventy-ninth General Assembly. 69 29 69 30 69 31 69 32 MICHAEL E. MARSHALL 69 33 Secretary of the Senate 69 34 Approved , 2002 69 35 70 1 70 2 70 3 THOMAS J. VILSACK 70 4 Governor
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