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Senate Study Bill 1229

Bill Text

PAG LIN
  1  1    Section 1.  Section 455B.171, Code 2001, is amended by
  1  2 adding the following new subsections:
  1  3    NEW SUBSECTION.  19A.  "Manure solids settling facility"
  1  4 means a basin, terrace, diversion, or other structure designed
  1  5 and operated to remove settleable solids from open feedlot
  1  6 runoff.
  1  7    NEW SUBSECTION.  33A.  "Runoff control basin" means an
  1  8 impoundment designed and operated to collect and store runoff
  1  9 from an open feedlot.
  1 10    Sec. 2.  NEW SECTION.  455B.200C  OPEN FEEDLOTS – SPECIAL
  1 11 TERMS.
  1 12    For purposes of this part:
  1 13    1.  "Manure control facility" means a structure constructed
  1 14 to retain manure or runoff originating from an open feedlot or
  1 15 related area, including but not limited to a manure solids
  1 16 settling facility or runoff control basin.
  1 17    2.  "Manure control practice" means any practice installed
  1 18 to mitigate the discharge of manure flows into a water of this
  1 19 state, including but not limited to the installation of
  1 20 permanent vegetation buffer zones or filter strips,
  1 21 infiltration fields, or wetlands.
  1 22    Sec. 3.  Section 455B.201, subsection 1, Code 2001, is
  1 23 amended to read as follows:
  1 24    1.  a.  A confinement feeding operation shall retain all
  1 25 manure produced by the operation between periods of manure
  1 26 disposal.  A confinement feeding operation shall not discharge
  1 27 manure directly into water of the state or into a tile line
  1 28 that discharges directly into water of the state.
  1 29    b.  An open feedlot shall provide for the removal of
  1 30 settleable solids from manure prior to its discharge into a
  1 31 water of the state.  Settleable solids may be removed by use
  1 32 of a manure solids settling facility or other method to remove
  1 33 manure solids.  However, the department shall not require the
  1 34 construction of a manure solids settling facility where
  1 35 existing site conditions provide adequate settleable solids
  2  1 removal.
  2  2    Sec. 4.  NEW SECTION.  455B.205A  OPEN FEEDLOTS – MANURE
  2  3 CONTROL – COST-SHARE MONEYS.
  2  4    1.  The department shall not require the owner of an open
  2  5 feedlot to construct a manure control facility to retain all
  2  6 manure originating from the open feedlot or manure flows
  2  7 contributed from related areas, unless all of the following
  2  8 apply:
  2  9    a.  The open feedlot is subject to an operating permit.
  2 10    b.  At least seventy-five percent of the costs of
  2 11 construction is financed by cost-share moneys contributed by
  2 12 the state or federal government.
  2 13    2.  The department shall not require that the owner of an
  2 14 open feedlot install a manure control practice, unless all of
  2 15 the following apply:
  2 16    a.  The open feedlot is subject to an operating permit.
  2 17    b.  At least fifty percent of the costs of installation is
  2 18 financed by cost-share moneys contributed by the state or
  2 19 federal government.
  2 20    Sec. 5.  EFFECTIVE DATE.  This Act, being deemed of
  2 21 immediate importance, takes effect upon enactment.  
  2 22                           EXPLANATION
  2 23    This bill provides for the control of manure originating
  2 24 from areas associated with open feedlots.  It provides that
  2 25 the open feedlot must provide for the removal of settleable
  2 26 solids prior to discharge of runoff into a water of the state.
  2 27 It also provides that the department shall not require the
  2 28 owner of an open feedlot to construct a manure control
  2 29 facility to retain all manure from the open feedlot, unless it
  2 30 is subject to an operating permit and at least 75 percent of
  2 31 the costs of construction is financed by cost-share moneys
  2 32 contributed by the state or federal government.  The bill
  2 33 provides that the department shall not require the owner to
  2 34 install a manure control practice, unless the open feedlot is
  2 35 subject to an operating permit and at least 50 percent of the
  3  1 costs of installation is financed by cost-share moneys
  3  2 contributed by the state or federal government.
  3  3    The bill takes effect upon enactment.  
  3  4 LSB 3255SC 79
  3  5 da/pj/5
     

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