Senate File 2369 - Enrolled

PAG LIN



  1  1                                              SENATE FILE 2369
  1  2
  1  3                             AN ACT
  1  4 RELATING TO REQUIREMENTS FOR OPEN FEEDLOT OPERATIONS, BY
  1  5    PROVIDING FOR NUTRIENT MANAGEMENT PLANS, STOCKPILING OF
  1  6    SOLIDS, AND OPERATING PERMITS, AND PROVIDING AN EFFECTIVE
  1  7    DATE AND RETROACTIVE APPLICABILITY.
  1  8
  1  9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1 10
  1 11    Section 1.  Section 459A.102, Code Supplement 2005, is
  1 12 amended by adding the following new subsections:
  1 13    NEW SUBSECTION.  8A.  "Designated area" means a known
  1 14 sinkhole, a cistern, an abandoned well, an unplugged
  1 15 agricultural drainage well, an agricultural drainage well
  1 16 surface inlet, a drinking water well, a designated wetland, or
  1 17 a water source.  However, "designated area" does not include a
  1 18 terrace tile inlet or surface tile inlet other than an
  1 19 agricultural drainage well surface tile inlet.
  1 20    NEW SUBSECTION.  8B.  "Designated wetland" means the same
  1 21 as defined in section 459.102.
  1 22    NEW SUBSECTION.  9A.  "Grassed waterway" means a natural or
  1 23 constructed channel that is shaped or graded and established
  1 24 with suitable vegetation for the stable conveyance of surface
  1 25 water runoff.
  1 26    NEW SUBSECTION.  9B.  "High=quality water resource" means
  1 27 the same as defined in section 459.102.
  1 28    NEW SUBSECTION.  20A.  "Stockpile" means to store solids
  1 29 from an open feedlot operation outside of an open feedlot
  1 30 operation structure or outside of an area that drains to an
  1 31 open feedlot operation structure.
  1 32    NEW SUBSECTION.  23.  "Water source" means the same as
  1 33 defined in section 459.102.
  1 34    Sec. 2.  NEW SECTION.  459A.202  OPERATING PERMIT
  1 35 REQUIREMENTS.
  2  1    1.  The owner of an open feedlot operation qualifying under
  2  2 this section shall apply for an operating permit on or before
  2  3 July 31, 2007.
  2  4    2.  Except as provided in subsection 3, an open feedlot
  2  5 operation qualifies under this section if all of the following
  2  6 apply:
  2  7    a.  The open feedlot operation commenced operation prior to
  2  8 April 14, 2003, and the physical facilities of the open
  2  9 feedlot operation have not expanded since that date.
  2 10    b.  The open feedlot operation was not required to be
  2 11 issued an operating permit prior to April 14, 2003, but is
  2 12 required to obtain an operating permit on and after that date,
  2 13 pursuant to all of the following:
  2 14    (1)  Rules adopted by the department, including but not
  2 15 limited to rules adopted as part of 567 IAC ch. 65, that were
  2 16 in effect prior to April 14, 2003, and have been subsequently
  2 17 amended.
  2 18    (2)  Regulations adopted by the federal government,
  2 19 including but not limited to the environmental protection
  2 20 agency as a part of 40 C.F.R. pts. 122 and 412, that were in
  2 21 effect prior to April 14, 2003, and have been subsequently
  2 22 amended.
  2 23    3.  An open feedlot operation does not qualify under this
  2 24 section if the open feedlot operation is required by the
  2 25 department to be issued an operating permit only because of
  2 26 special conditions determined applicable by the department
  2 27 according to the results of a departmental evaluation as
  2 28 established by rules adopted by the department.
  2 29    4.  This section is repealed on July 1, 2009.
  2 30    Sec. 3.  Section 459A.205, subsection 3, paragraph a, Code
  2 31 Supplement 2005, is amended to read as follows:
  2 32    a.  For an open feedlot operation submitting an application
  2 33 for a construction permit on or after September April 30, 2006
  2 34 2007, a nutrient management plan as provided in section
  2 35 459A.208.
  3  1    Sec. 4.  Section 459A.208, subsection 1, Code Supplement
  3  2 2005, is amended to read as follows:
  3  3    1.  a.  The owner of an open feedlot operation which has an
  3  4 animal unit capacity of one thousand animal units or more or
  3  5 which is required to be issued an operating permit shall
  3  6 develop and implement a nutrient management plan meeting the
  3  7 requirements of this section by December 31, 2006.
  3  8    b.  (1)  The owner of an open feedlot operation shall
  3  9 comply with the provisions of paragraph "a" by July 31, 2007.
  3 10    (2)  This paragraph "b" is repealed on July 31, 2007.
  3 11    Sec. 5.  NEW SECTION.  459A.403  SOLIDS STOCKPILING.
  3 12    A person may stockpile solids, subject to all of the
  3 13 following:
  3 14    1.  a.  The person shall not stockpile the solids within
  3 15 the following distances:
  3 16    (1)  Four hundred feet from a designated area other than a
  3 17 high=quality water resource.
  3 18    (2)  Eight hundred feet from a high=quality water resource.
  3 19    b.  The person shall not stockpile solids within two
  3 20 hundred feet from a terrace tile inlet or surface tile inlet
  3 21 unless the solids are maintained in a manner that will not
  3 22 allow precipitation=induced runoff to drain from the solids to
  3 23 the terrace tile inlet or surface tile inlet.
  3 24    c.  The person shall not stockpile solids in a grassed
  3 25 waterway or where water pools on the soil surface.
  3 26    d.  The person shall not stockpile solids on land having a
  3 27 slope of more than three percent unless methods, structures,
  3 28 or practices are implemented to contain the stockpiled solids,
  3 29 including but not limited to using hay bales, silt fences,
  3 30 temporary earthen berms, or other effective measures, and to
  3 31 prevent or diminish precipitation=induced runoff from the
  3 32 stockpiled solids.
  3 33    2.  The person must remove the stockpiled solids and apply
  3 34 them in accordance with the provisions of this chapter,
  3 35 including but not limited to section 459A.410, within six
  4  1 months after the solids are stockpiled.
  4  2    Sec. 6.  EFFECTIVE DATE AND RETROACTIVE APPLICABILITY.
  4  3 This Act, being deemed of immediate importance, takes effect
  4  4 upon enactment, and is retroactively applicable to February
  4  5 13, 2006.
  4  6
  4  7
  4  8                                                             
  4  9                               JEFFREY M. LAMBERTI
  4 10                               President of the Senate
  4 11
  4 12
  4 13                                                             
  4 14                               CHRISTOPHER C. RANTS
  4 15                               Speaker of the House
  4 16
  4 17    I hereby certify that this bill originated in the Senate and
  4 18 is known as Senate File 2369, Eighty=first General Assembly.
  4 19
  4 20
  4 21                                                             
  4 22                               MICHAEL E. MARSHALL
  4 23                               Secretary of the Senate
  4 24 Approved                , 2006
  4 25
  4 26
  4 27                                
  4 28 THOMAS J. VILSACK
  4 29 Governor