House Amendment 8247
PAG LIN
1 1 Amend House File 2324 as follows:
1 2 #1. Page 1, after line 31 by inserting:
1 3 <Sec. ___. Section 459.204, Code 2009, is amended
1 4 to read as follows:
1 5 459.204 Liquid manure application == separation
1 6 distance.
1 7 1. a. This subsection applies on and after the
1 8 effective date of this Act and prior to December 21,
1 9 2011.
1 10 (1) Except as provided in section 459.205, a person
1 11 shall not apply liquid manure from a confinement
1 12 feeding operation with a confinement feeding operation
1 13 structure constructed or expanded prior to May 31,
1 14 1995, on land located within one thousand five hundred
1 15 feet from a residence not owned by the titleholder
1 16 of the land, a commercial enterprise, a bona fide
1 17 religious institution, an educational institution, or a
1 18 public use area.
1 19 (2) Except as provided in section 459.205, a person
1 20 shall not apply liquid manure from a confinement
1 21 feeding operation with a confinement feeding operation
1 22 structure constructed or expanded on or after May 31,
1 23 1995, on land located within seven hundred fifty feet
1 24 from a residence not owned by the titleholder of the
1 25 land, a commercial enterprise, a bona fide religious
1 26 institution, an educational institution, or a public
1 27 use area.
1 28 b. This subsection is repealed on December 21,
1 29 2011.
1 30 2. This subsection applies on and after December
1 31 21, 2011. Except as provided in section 459.205, a
1 32 person shall not apply liquid manure from a confinement
1 33 feeding operation on land located within seven
1 34 hundred fifty feet from a residence not owned by the
1 35 titleholder of the land, a commercial enterprise,
1 36 a bona fide religious institution, an educational
1 37 institution, or a public use area.>
1 38 #2. Page 2, after line 27 by inserting:
1 39 <Sec. ___. Section 459.313A, subsection 1,
1 40 unnumbered paragraph 1, Code Supplement 2009, is
1 41 amended to read as follows:
1 42 During the period beginning December 21 and ending
1 43 April 1, the person may apply liquid manure originating
1 44 from a manure storage structure, that is part of a
1 45 confinement feeding operation, on snow covered ground
1 46 only when there is an emergency. During the period
1 47 beginning February 1 and ending April 1, the person
1 48 may apply liquid manure originating from a manure
1 49 storage structure, that is part of a confinement
1 50 feeding operation, on frozen ground only when there
2 1 is an emergency. An emergency occurs only when there
2 2 is an immediate need to comply with section 459.311,
2 3 subsection 1, due to unforeseen circumstances affecting
2 4 the storage of the liquid manure. The unforeseen
2 5 circumstances must be beyond the control of the owner
2 6 of the confinement feeding operation, including but
2 7 not limited to natural disaster, unusual weather
2 8 conditions, or equipment or structural failure. An
2 9 emergency does not include a situation in which a
2 10 person may continue to store liquid manure within a
2 11 manure storage structure that is part of the person's
2 12 confinement feeding operation. A person who is
2 13 authorized to apply liquid manure on snow covered
2 14 ground or frozen ground when there is an emergency
2 15 shall comply with all of the following:
2 16 Sec. ___. Section 459.313A, subsection 1, paragraph
2 17 d, Code Supplement 2009, is amended to read as follows:
2 18 d. Any surface water drain tile intake that is on
2 19 land in the owner's manure management plan and located
2 20 down gradient of the application must be temporarily
2 21 blocked beginning not later than the time that the
2 22 liquid manure is first applied and ending not earlier
2 23 than two three weeks after the completion of the
2 24 application.>
2 25 #3. Page 2, by striking lines 30 through 33 and
2 26 inserting:
2 27 <NEW SUBSECTION. 4. A confinement feeding
2 28 operation with all confinement feeding operation
2 29 structures constructed before May 31, 1995, and not
2 30 expanded on or after that date, is not required to
2 31 construct or expand a manure storage structure to
2 32 comply with this section until December 21, 2011.>
2 33 #4. Page 2, before line 34 by inserting:
2 34 <Sec. ___. Section 459.314, Code Supplement 2009,
2 35 is amended by adding the following new subsection:
2 36 NEW SUBSECTION. 1A. a. This subsection applies on
2 37 and after the effective date of this Act and prior to
2 38 December 21, 2011.
2 39 (1) A person shall not apply liquid manure from
2 40 a confinement feeding operation with a confinement
2 41 feeding operation structure constructed or expanded
2 42 prior to May 31, 1995, on land located within four
2 43 hundred feet from a designated area, unless one of the
2 44 following applies:
2 45 (a) The liquid manure is land=applied by injection
2 46 or incorporation on the same date as the liquid manure
2 47 was land=applied.
2 48 (b) An area of permanent vegetation cover,
2 49 including filter strips and riparian forest buffers,
2 50 exists for one hundred feet surrounding the designated
3 1 area other than an unplugged agricultural drainage well
3 2 or surface intake to an unplugged agricultural drainage
3 3 well, and the area of permanent vegetation cover is not
3 4 subject to manure application.
3 5 (c) If applied in proximity to a high=quality water
3 6 resource, the liquid manure is applied not less than
3 7 eight times the four=hundred=foot distance from the
3 8 designated area.
3 9 (2) A person shall not apply liquid manure from
3 10 a confinement feeding operation with a confinement
3 11 feeding operation structure constructed or expanded
3 12 on or after May 31, 1995, on land located within two
3 13 hundred feet from a designated area, unless one of the
3 14 following applies:
3 15 (a) The liquid manure is land=applied by injection
3 16 or incorporation on the same date as the liquid manure
3 17 was land=applied.
3 18 (b) An area of permanent vegetation cover,
3 19 including filter strips and riparian forest buffers,
3 20 exists for fifty feet surrounding the designated area
3 21 other than an unplugged agricultural drainage well or
3 22 surface intake to an unplugged agricultural drainage
3 23 well, and the area of permanent vegetation cover is not
3 24 subject to manure application.
3 25 (c) If applied in proximity to a high=quality water
3 26 resource, the liquid manure is applied not less than
3 27 four times the distance from the designated area.
3 28 b. This subsection is repealed on December 21,
3 29 2011.
3 30 Sec. ___. Section 459.314, subsection 2, unnumbered
3 31 paragraph 1, Code Supplement 2009, is amended to read
3 32 as follows:
3 33 This subsection applies on and after December 21,
3 34 2011. Except as otherwise provided in this subsection,
3 35 a person shall not apply manure on land located within
3 36 two hundred feet from a designated area, unless one of
3 37 the following applies:>
3 38 #5. Title page, line 3, before <on> by inserting
3 39 <including on land and>
KUHN of Floyd
D. OLSON of Boone
HF2324.1578 (2) 83
da/rj
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