Senate File 2377 - Enrolled PAG LIN 1 1 SENATE FILE 2377 1 2 1 3 AN ACT 1 4 RELATING TO ANIMAL FEEDING OPERATIONS, BY PROVIDING FOR 1 5 STANDARDS AND EVALUATIONS BY THE DEPARTMENT OF NATURAL 1 6 RESOURCES. 1 7 1 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 9 1 10 Section 1. Section 459.303, subsection 1, unnumbered 1 11 paragraph 1, Code 2005, is amended to read as follows: 1 12 The department shall approve or disapprove applications for 1 13 permits for the construction, including the expansion, of 1 14 confinement feeding operation structures, as provided by rules 1 15 adopted pursuant to this chapter. The department's decision 1 16 to approve or disapprove a permit for the construction of a 1 17 confinement feeding operation structure shall be based on 1 18 whether the application is submitted according to procedures 1 19 required by the department and the application meets standards 1 20 established bythe departmentthis chapter. A person shall 1 21 not begin construction of a confinement feeding operation 1 22 structure requiring a permit under this section, unless the 1 23 department first approves the person's application and issues 1 24 to the person a construction permit. The department shall 1 25 provide conditions for requiring when a person must obtain a 1 26 construction permit. 1 27 Sec. 2. Section 459.312, subsection 4A, as enacted in 2006 1 28 Iowa Acts, Senate File 2076, section 1, is amended to read as 1 29 follows: 1 30 4A. The department shall provide for the receipt and 1 31 processing of manure management plans, including updates to 1 32 manure management plans, in an electronic format pursuant to 1 33 section 459.302, not later than July 1,20082009. After that 1 34 time, a person required to submit a manure management plan 1 35 under this sectionmayshall submit the manure management plan 2 1 to the department and to the county board of supervisors in an 2 2 electronic format. 2 3 Sec. 3. Section 459.312, subsection 9, unnumbered 2 4 paragraph 1, Code 2005, is amended to read as follows: 2 5 The department shall approve or disapprove a manure 2 6 management plan according to standards established by this 2 7 chapter and procedures established by the department: 2 8 Sec. 4. NEW SECTION. 459.611 DEPARTMENTAL EVALUATION AND 2 9 ORDER. 2 10 1. The department may conduct an evaluation of a 2 11 confinement feeding operation that has commenced operation to 2 12 determine if any of the following apply: 2 13 a. Manure from the confinement feeding operation is being 2 14 discharged into a water of the state and the confinement 2 15 feeding operation is not providing for the applicable minimum 2 16 level of manure control as specified in section 459.311. 2 17 b. Manure from the confinement feeding operation is 2 18 causing or may reasonably be expected to cause pollution of a 2 19 water of the state. 2 20 c. Manure from the confinement feeding operation may 2 21 reasonably be expected to cause a violation of water quality 2 22 standards as provided in this chapter or chapter 455B. 2 23 2. The department may evaluate a confinement feeding 2 24 operation regardless of whether it is a small animal feeding 2 25 operation or includes a confinement feeding operation 2 26 structure which is constructed pursuant to a permit issued 2 27 pursuant to section 459.303. 2 28 3. The department shall not conduct an evaluation of a 2 29 confinement feeding operation which has not commenced 2 30 operation to determine if any of the conditions provided in 2 31 this section exist, unless the requirements of this chapter 2 32 are not met. However, the department may send a letter of 2 33 concern by certified mail to the owner of the confinement 2 34 feeding operation that explicitly states the department's 2 35 concern that a condition on the site where the confinement 3 1 feeding operation is or may be constructed, if not addressed, 3 2 may result in the pollution of the waters of the state. The 3 3 department's letter shall provide the reasons for its concern 3 4 and a possible remedy to the condition which could be 3 5 implemented by the owner. The letter shall also inform the 3 6 owner of likely administrative or judicial action if the 3 7 condition exists, is not remedied, and results in the 3 8 pollution of the waters of the state when the confinement 3 9 feeding operation commences operations. 3 10 4. If based on the results of the evaluation the 3 11 department determines that a condition provided in this 3 12 section exists, the department may issue an order to a person 3 13 responsible for the operation of the confinement feeding 3 14 operation which has been evaluated. The order shall require 3 15 the person to institute remedial action necessary to eliminate 3 16 the condition. 3 17 Sec. 5. NEW SECTION. 459A.511 DEPARTMENTAL EVALUATION 3 18 AND ORDER. 3 19 1. The department may conduct an evaluation of an open 3 20 feedlot operation that has commenced operation to determine if 3 21 any of the following apply: 3 22 a. Open feedlot effluent from the open feedlot operation 3 23 is being discharged into a water of the state and the open 3 24 feedlot operation is not providing for the applicable minimum 3 25 level of open feedlot effluent control as provided in section 3 26 459A.401, 459A.402, or 459A.410. 3 27 b. Open feedlot effluent from the open feedlot operation 3 28 is causing or may reasonably be expected to cause pollution of 3 29 a water of the state. 3 30 c. Open feedlot effluent from the open feedlot operation 3 31 is causing or may reasonably be expected to cause a violation 3 32 of state water quality standards under this chapter or chapter 3 33 455B. 3 34 2. The department shall not conduct an evaluation of an 3 35 open feedlot operation which has not commenced operation to 4 1 determine if any of the conditions provided in this section 4 2 exist, unless the requirements of this chapter are not met. 4 3 However, the department may send a letter of concern by 4 4 certified mail to the owner of the open feedlot operation that 4 5 explicitly states the department's concern that a condition on 4 6 the site where the open feedlot operation is or may be 4 7 constructed, if not addressed, may result in the pollution of 4 8 the waters of the state. The department's letter shall 4 9 provide the reasons for its concern and a possible remedy to 4 10 the condition which could be implemented by the owner. The 4 11 letter shall also inform the owner of likely administrative or 4 12 judicial action if the condition exists, is not remedied, and 4 13 results in the pollution of the waters of the state when the 4 14 open feedlot operation commences operations. 4 15 3. If based on the results of the evaluation the 4 16 department determines that a condition provided in this 4 17 section exists, the department may issue an order to a person 4 18 responsible for the operation of the open feedlot operation 4 19 which has been evaluated. The order shall require the person 4 20 to institute remedial action necessary to eliminate the 4 21 condition. 4 22 4 23 4 24 4 25 JEFFREY M. LAMBERTI 4 26 President of the Senate 4 27 4 28 4 29 4 30 CHRISTOPHER C. RANTS 4 31 Speaker of the House 4 32 4 33 I hereby certify that this bill originated in the Senate and 4 34 is known as Senate File 2377, Eighty=first General Assembly. 4 35 5 1 5 2 5 3 MICHAEL E. MARSHALL 5 4 Secretary of the Senate 5 5 Approved , 2006 5 6 5 7 5 8 5 9 THOMAS J. VILSACK 5 10 Governor