Senate File 432 - Enrolled




                                             SENATE FILE 432

                             AN ACT
 REGULATING ANIMAL FEEDING OPERATIONS, MAKING PENALTIES APPLI=
    CABLE, AND PROVIDING FOR PENALTIES AND EFFECTIVE DATES.

 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

                           DIVISION I
                    APPLICATION OF MANURE ON
                 SNOW COVERED GROUND AND FROZEN
                             GROUND
    Section 1.  Section 459.102, Code 2009, is amended by
 adding the following new subsections:
    NEW SUBSECTION.  28A.  "Frozen ground" means soil that is
 impenetrable due to frozen soil moisture but does not include
 soil that is only frozen to a depth of two inches or less.
    NEW SUBSECTION.  31A.  "Liquid manure" means manure that
 meets all of the following requirements:
    a.  It flows perceptibly under pressure.
    b.  It is capable of being transported through a mechanical
 pumping device designated to move a liquid.
    c.  Its constituent molecules flow freely among themselves
 and show the tendency to separate under stress.
    NEW SUBSECTION.  44A.  "Snow covered ground" means soil
 covered by one inch or more of snow or soil covered by
 one=half inch or more of ice.
    NEW SUBSECTION.  45A.  "Surface water drain tile intake"
 means an opening to a drain tile which allows surface water to
 enter the drain tile without filtration through the soil
 profile.
    Sec. 2.  Section 459.312, subsection 10, Code 2009, is
 amended by adding the following new paragraph:
    NEW PARAGRAPH.  h.  A description of land identified for
 the application of liquid manure due to an emergency if
 allowed pursuant to section 459.313A.  The owner must identify
 the land in the original manure management plan or in the next
 updated manure management plan required to be submitted to the
 department following the application.
    Sec. 3.  NEW SECTION.  459.313A  APPLICATION OF MANURE ON
 LAND == SNOW COVERED GROUND AND FROZEN GROUND.
    A person may apply manure originating from an animal
 feeding operation on snow covered ground or frozen ground,
 except to the extent otherwise provided by applicable
 requirements in this section, this chapter, or the national
 pollutant discharge elimination system pursuant to the federal
 Water Pollution Control Act, 33 U.S.C. ch. 26, as amended, and
 40 C.F.R. pts. 122 and 412.
    1.  During the period beginning December 21 and ending
 April 1, the person may apply liquid manure originating from a
 manure storage structure, that is part of a confinement
 feeding operation, on snow covered ground only when there is
 an emergency.  During the period beginning February 1 and
 ending April 1, the person may apply liquid manure originating
 from a manure storage structure, that is part of a confinement
 feeding operation, on frozen ground only when there is an
 emergency.  An emergency occurs only when there is an
 immediate need to comply with section 459.311, subsection 1,
 due to unforeseen circumstances affecting the storage of the
 liquid manure.  The unforeseen circumstances must be beyond
 the control of the owner of the confinement feeding operation,
 including but not limited to natural disaster, unusual weather
 conditions, or equipment or structural failure.  A person who
 is authorized to apply liquid manure on snow covered ground or
 frozen ground when there is an emergency shall comply with all
 of the following:
    a.  The person must contact the department by telephone
 prior to the application.
    b.  The person must apply the liquid manure on land
 identified for such application in a manure management plan
 submitted by the owner of the confinement feeding operation to
 the department as provided in section 459.312.  The owner of
 the confinement feeding operation must identify the land in
 the manure management plan prior to the application.  The
 owner must identify the land in the original manure management
 plan or in the next updated manure management plan required to
 be submitted to the department following the application.
    c.  The liquid manure must be applied on a field with a
 phosphorus index rating of two or less.
    d.  Any surface water drain tile intake that is on land in
 the owner's manure management plan and located down gradient
 of the application must be temporarily blocked beginning not
 later than the time that the liquid manure is first applied
 and ending not earlier than two weeks after the completion of
 the application.
    2.  The authorization to apply liquid manure in subsection
 1 does not apply to any of the following:
    a.  An immediate need to comply with section 459.311,
 subsection 1, caused by the improper design or management of
 the manure storage structure, including but not limited to a
 failure to properly account for the volume of the manure to be
 stored.
    b.  Liquid manure originating from a manure storage
 structure constructed or expanded on or after the effective
 date of this Act, if the manure storage structure has a
 capacity to store manure for less than one hundred eighty
 days.
    3.  Subsections 1 and 2 do not apply to any of the
 following:
    a.  The application of liquid manure originating from a
 small animal feeding operation.
    b.  The application of liquid manure and injection into the
 soil or incorporation within the soil on the same date.
    Sec. 4.  NEW SECTION.  459.313B  APPLICATION OF LIQUID
 MANURE ON SNOW COVERED GROUND OR FROZEN GROUND == ANNUAL
 REPORT.
    1.  On or before February 15 of each year, the director of
 the department, or the department's designee, shall appear
 before and present a report to the standing committees of the
 senate and house of representatives having jurisdiction over
 agriculture and environmental protection.  The report shall
 include all instances in which persons have applied liquid
 manure originating from a manure storage structure, that is
 part of a confinement feeding operation, on snow covered
 ground or frozen ground because of an emergency as provided in
 section 459.313A.  The report shall include an assessment of
 the application's impact on water quality, including the
 success of actions taken to prevent or remediate such impact.
    2.  This section is repealed on July 1, 2014.
                           DIVISION II
            DRY BEDDED CONFINEMENT FEEDING OPERATIONS
                          SUBCHAPTER I
                       GENERAL PROVISIONS
    Sec. 5.  NEW SECTION.  459B.101  TITLE.
    This chapter shall be known and may be cited as the "Animal
 Agriculture Compliance Act for Dry Bedded Confinement Feeding
 Operations".
    Sec. 6.  NEW SECTION.  459B.102  DEFINITIONS.
    As used in this chapter, unless the context otherwise
 requires:
    1.  "Alluvial aquifer area" means an area underlaid by sand
 or gravel aquifers situated beneath floodplains along stream
 valleys and includes alluvial deposits associated with stream
 terraces and benches, contiguous wind=blown sand deposits, and
 glacial outwash deposits.
    2.  "Animal" means cattle or swine.
    3.  "Animal unit" means the same as defined in section
 459.102.
    4.  "Animal unit capacity" means the maximum number of
 animal units which the owner or operator confines in a dry
 bedded confinement feeding operation at any one time.
    5.  "Bedding" means crop, vegetation, or forage residue or
 similar materials placed in a dry bedded confinement building
 for the care of animals.
    6.  "Commercial enterprise" means the same as defined in
 section 459.102.
    7.  "Confinement feeding operation" means the same as
 defined in section 459.102.
    8.  "Department" means the department of natural resources.
    9.  "Designated area" means the same as defined in section
 459A.102.
    10.  "Designated wetland" means the same as defined in
 section 459.102.
    11.  "Dry bedded confinement feeding operation" means a
 confinement feeding operation in which animals are confined to
 areas which are totally roofed and in which all manure is
 stored as dry bedded manure.
    12.  "Dry bedded confinement feeding operation structure"
 means a dry bedded confinement feeding operation building or a
 dry bedded manure storage structure.
    13.  "Dry bedded manure" means manure from animals that
 meets all of the following requirements:
    a.  The manure does not flow perceptibly under pressure.
    b.  The manure is not capable of being transported through
 a mechanical pumping device designed to move a liquid.
    c.  The manure contains bedding.
    14.  "Dry bedded manure confinement feeding operation
 building" or "building" means a building used in conjunction
 with a confinement feeding operation to house animals and in
 which any manure from the animals is stored as dry bedded
 manure.
    15.  "Dry bedded manure storage structure" means a covered
 or uncovered structure, other than a building, used to store
 dry bedded manure originating from a confinement feeding
 operation.
    16.  "Educational institution" means the same as defined in
 section 459.102.
    17.  "Grassed waterway" means the same as defined in
 section 459A.102.
    18.  "High=quality water resource" means the same as
 defined in section 459.102.
    19.  "Karst terrain" means the same as defined in section
 459.102.
    20.  "Major water source" means the same as defined in
 section 459.102.
    21.  "Manure" means the same as defined in section 459.102.
    22.  "One hundred year floodplain" means the same as
 defined in section 459.102.
    23.  "Public use area" means the same as defined in section
 459.102.
    24.  "Stockpile" means to store dry bedded manure outside
 of a dry bedded manure confinement feeding operation building
 or a dry bedded manure storage structure.
    25.  "Water source" means the same as defined in section
 459.102.
    Sec. 7.  NEW SECTION.  459B.103  SPECIAL TERMS.
    For purposes of this chapter, all of the following shall
 apply:
    1.  Two or more dry bedded confinement feeding operations
 under common ownership or common management are deemed to be a
 single dry bedded confinement feeding operation if they are
 adjacent or utilize a common area or system for dry bedded
 manure disposal.
    2.  For purposes of determining whether two or more dry
 bedded confinement feeding operations are adjacent, all of the
 following shall apply:
    a.  At least one dry bedded confinement feeding operation
 structure must be constructed on or after March 21, 1996.
    b.  A dry bedded confinement feeding operation structure
 which is part of one dry bedded confinement feeding operation
 is separated by less than one thousand two hundred fifty feet
 from a dry bedded confinement feeding operation structure
 which is part of the other dry bedded confinement feeding
 operation.
    3.  a.  For purposes of determining whether two or more dry
 bedded confinement feeding operations are under common
 ownership, a person must hold an interest in each of the dry
 bedded confinement feeding operations as any of the following:
    (1)  A sole proprietor.
    (2)  A joint tenant or tenant in common.
    (3)  A holder of a majority equity interest in a business
 association as defined in section 202B.102, including but not
 limited to as a shareholder, partner, member, or beneficiary.
    b.  An interest in the dry bedded confinement feeding
 operation under paragraph "a", subparagraph (1) or (2) which
 is held directly or indirectly by the person's spouse or
 dependent child shall be attributed to the person.
    4.  For purposes of determining whether two or more dry
 bedded confinement feeding operations are under common
 management, a person must have significant control of the
 management of the day=to=day operations of each of the dry
 bedded confinement feeding operations.  Common management does
 not include control over a contract livestock facility by a
 contractor, as defined in section 202.1.
    5.  In calculating the animal unit capacity of a dry bedded
 confinement feeding operation, the animal unit capacity shall
 include the animal unit capacity of all dry bedded confinement
 feeding operation buildings that are used to house animals in
 the dry bedded confinement feeding operation.
    Sec. 8.  NEW SECTION.  459B.104  GENERAL AUTHORITY ==
 COMMISSION AND DEPARTMENT == PURPOSE == COMPLIANCE.
    1.  The environmental protection commission shall establish
 by rule adopted pursuant to chapter 17A, requirements relating
 to the construction, including expansion, or operation of dry
 bedded confinement feeding operations, including related dry
 bedded manure confinement feeding operation buildings and
 stockpiles.
    2.  Any provision referring generally to compliance with
 the requirements of this chapter as applied to dry bedded
 confinement feeding operations also includes compliance with
 requirements in rules adopted by the environmental protection
 commission pursuant to this section, orders issued by the
 department as authorized under this chapter, and the terms and
 conditions applicable to manure management plans required
 under this chapter.
    3.  The purpose of this chapter is to provide requirements
 relating to the construction, including the expansion, and
 operation of dry bedded confinement feeding operations, and
 the control of dry bedded manure which shall be construed to
 supplement applicable provisions of chapter 459.  If there is
 a conflict between the provisions of this chapter and chapter
 459, the provisions of this chapter shall prevail.
                          SUBCHAPTER II
                 DRY BEDDED MANURE STRUCTURES ==
                    CONSTRUCTION REQUIREMENTS
    Sec. 9.  NEW SECTION.  459B.201  CONSTRUCTION DESIGN
 STANDARDS.
    A person constructing a dry bedded confinement feeding
 operation structure on karst terrain or in an alluvial aquifer
 area shall comply with all of the following:
    1.  The person must construct the dry bedded confinement
 feeding operation structure at a location where there is a
 vertical separation distance of at least five feet between the
 bottom of the floor of the dry bedded confinement feeding
 operation structure and the underlying limestone, dolomite, or
 other soluble rock in karst terrain or the underlying sand and
 gravel aquifer in an alluvial aquifer area.
    2.  The person must construct the dry bedded confinement
 feeding operation structure with a floor consisting of
 reinforced concrete at least five inches thick.
    Sec. 10.  NEW SECTION.  459B.202  DISTANCE REQUIREMENTS.
    1.  Except as provided in subsection 3, the following shall
 apply:
    a.  A dry bedded confinement feeding operation structure
 shall not be constructed closer than five hundred feet away
 from the surface intake of an agricultural drainage well.  A
 dry bedded confinement feeding operation structure shall not
 be constructed closer than one thousand feet from a wellhead,
 cistern of an agricultural drainage well, or known sinkhole.
    b.  A dry bedded confinement feeding operation structure
 shall not be constructed if the dry bedded confinement feeding
 operation structure as constructed is closer than any of the
 following:
    (1)  Two hundred feet away from a water source other than a
 major water source.
    (2)  One thousand feet away from a major water source.
    (3)  Two thousand five hundred feet away from a designated
 wetland.
    c.  (1)  A water source, other than a major water source,
 shall not be constructed, expanded, or diverted, if the water
 source as constructed, expanded, or diverted is closer than
 two hundred feet away from a dry bedded confinement feeding
 operation structure.
    (2)  A major water source shall not be constructed,
 expanded, or diverted, if the major water source as
 constructed, expanded, or diverted is closer than one thousand
 feet from a dry bedded confinement feeding operation
 structure.
    (3)  A designated wetland shall not be established, if the
 designated wetland is closer than two thousand five hundred
 feet away from a dry bedded confinement feeding operation
 structure.
    2.  A dry bedded confinement feeding operation structure
 shall not be constructed on land that is part of a one hundred
 year floodplain.
    3.  A separation distance required in subsection 1 shall
 not apply to any of the following:
    a.  A location or object and a farm pond or privately owned
 lake, as defined in section 462A.2.
    b.  A dry bedded confinement feeding operation structure
 constructed with a secondary containment barrier.  The
 department shall adopt rules providing for the construction
 and use of a secondary containment barrier.
                         SUBCHAPTER III
                    DRY BEDDED MANURE CONTROL
    Sec. 11.  NEW SECTION.  459B.301  STOCKPILING == AIR
 QUALITY.
    A person may stockpile dry bedded manure, subject to this
 section.
    1.  Except as provided in subsection 2, a person shall not
 stockpile dry bedded manure within one thousand two hundred
 fifty feet from a residence not owned by the titleholder of
 the land, a commercial enterprise, a bona fide religious
 institution, an educational institution, or a public use area.
    2.  A person may stockpile dry bedded manure within a
 separation distance required between the stockpiled dry bedded
 manure and an object or location for which separation is
 required under subsection 1, if any of the following apply:
    a.  The titleholder of the land benefiting from the
 separation distance requirement executes a written waiver with
 the titleholder of the land where the dry bedded manure is
 stockpiled.
    b.  The stockpiled dry bedded manure originates from a
 small animal feeding operation.
    Sec. 12.  NEW SECTION.  459B.305  DRY BEDDED MANURE CONTROL
 == WATER QUALITY.
    A dry bedded confinement feeding operation shall retain all
 dry bedded manure produced by the operation between periods of
 dry bedded manure application.  For purposes of this section,
 dry bedded manure may be retained by stockpiling as provided
 in this chapter.  A dry bedded confinement feeding operation
 shall not discharge dry bedded manure directly into water of
 the state or into a tile line that discharges directly into
 water of the state.
    Sec. 13.  NEW SECTION.  459B.306  STOCKPILING == NPDES
 REQUIREMENTS == WATER QUALITY.
    A person stockpiling dry bedded manure shall comply with
 applicable requirements of the national pollutant discharge
 elimination system pursuant to the federal Water Pollution
 Control Act, 33 U.S.C. ch. 26, as amended, and 40 C.F.R. pts.
 122 and 412.
    Sec. 14.  NEW SECTION.  459B.307  STOCKPILING == STATE
 REQUIREMENTS == WATER QUALITY.
    A person may stockpile dry bedded manure, subject to all of
 the following:
    1.  a.  The person shall not stockpile the dry bedded
 manure within the following distances to a designated area
 unless the dry manure is maintained in a manner that will not
 allow precipitation=induced runoff to drain from the dry
 bedded manure to the designated area:
    (1)  Four hundred feet from a designated area other than a
 high=quality water resource.
    (2)  Eight hundred feet from a high=quality water resource.
    b.  The person shall not stockpile dry bedded manure within
 two hundred feet from a terrace tile inlet or surface tile
 inlet unless the dry bedded manure is maintained in a manner
 that will not allow precipitation=induced runoff to drain from
 the dry bedded manure to the terrace tile inlet or surface
 tile inlet.
    c.  The person shall not stockpile dry bedded manure in a
 grassed waterway, where water pools on the soil surface, or in
 any location where surface water will enter the stockpiled dry
 bedded manure.
    d.  The person shall not stockpile dry bedded manure on
 land having a slope of more than three percent unless methods,
 structures, or practices are implemented to contain the
 stockpiled dry bedded manure, including but not limited to
 using hay bales, silt fences, temporary earthen berms, or
 other effective measures, and to prevent or diminish
 precipitation=induced runoff from the stockpiled dry bedded
 manure.
    e.  The person shall not stockpile dry bedded manure on
 karst terrain or in an alluvial aquifer area unless the person
 complies with all of the following:
    (1)  The person must stockpile the dry bedded manure at a
 location where there is a vertical separation distance of at
 least five feet between the bottom of the stockpiled dry
 manure and the underlying limestone, dolomite, or other
 soluble rock in karst terrain or the underlying sand and
 gravel aquifer in an alluvial aquifer area.
    (2)  The dry bedded manure must be stockpiled on reinforced
 concrete at least five inches thick.
    2.  The person shall remove the stockpiled dry bedded
 manure and apply it in accordance with the provisions of
 chapter 459, including but not limited to section 459.311,
 within six months after the dry bedded manure is stockpiled.
    Sec. 15.  NEW SECTION.  459B.308  MANURE MANAGEMENT PLAN
 FOR A DRY BEDDED CONFINEMENT OPERATION.
    For purposes of a manure management plan for a dry bedded
 confinement operation, if the application of dry bedded manure
 is on land other than land owned or rented for crop production
 by the owner of the dry bedded confinement feeding operation,
 the plan shall include a copy of each written agreement
 executed by the owner of the dry bedded confinement feeding
 operation and the landowner or the person renting the land for
 crop production where the dry bedded manure may be applied.
                          SUBCHAPTER IV
                           ENFORCEMENT
    Sec. 16.  NEW SECTION.  459B.401  GENERAL.
    The department and the attorney general shall enforce the
 provisions of this chapter in the same manner as provided in
 chapter 459, subchapter VI.
    Sec. 17.  NEW SECTION.  459B.402  VIOLATIONS == CIVIL
 PENALTY.
    A person who violates section 459B.301, shall be subject to
 the same penalty as provided in section 459.602 and a person
 who violates any other provision of this chapter shall be
 subject to the same penalty as provided in section 459.603.
 Any civil penalty collected shall be deposited in the animal
 agriculture compliance fund created in section 459.401.
    Sec. 18.  EFFECTIVE DATE.  This division of this Act, being
 deemed of immediate importance, takes effect upon enactment.
                          DIVISION III
                       CONFORMING CHANGES
    Sec. 19.  Section 455A.4, subsection 1, paragraph b, Code
 2009, is amended to read as follows:
    b.  Provide overall supervision, direction, and
 coordination of functions to be administered by the
 administrators under chapters 321G, 321I, 455B, 455C, 456,
 456A, 456B, 457A, 458A, 459, 459A, 459B, 461A, 462A, 462B,
 464A, 465C, 473, 481A, 481B, 483A, 484A, and 484B.
    Sec. 20.  Section 455B.103, subsection 4, unnumbered
 paragraph 1, Code 2009, is amended to read as follows:
    Conduct investigations of complaints received directly or
 referred by the commission created in section 455A.6 or other
 investigations deemed necessary.  While conducting an
 investigation, the director may enter at any reasonable time
 in and upon any private or public property to investigate any
 actual or possible violation of this chapter, chapter 459,
 chapter 459A, or the rules or standards adopted under this
 chapter, chapter 459, or chapter 459A, or chapter 459B.
 However, the owner or person in charge shall be notified.
    Sec. 21.  Section 455B.103A, subsection 1, unnumbered
 paragraph 1, Code 2009, is amended to read as follows:
    If a permit is required pursuant to this chapter, or
 chapter 459, or chapter 459A, or 459B for storm water
 discharge or an air contaminant source and a facility to be
 permitted is representative of a class of facilities which
 could be described and conditioned by a single permit, the
 director may issue, modify, deny, or revoke a general permit
 for all of the following conditions:
    Sec. 22.  Section 455B.105, subsections 3, 6, and 8, Code
 2009, are amended to read as follows:
    3.  Adopt, modify, or repeal rules necessary to implement
 this chapter, chapter 459, and chapter 459A, and chapter 459B,
 and the rules deemed necessary for the effective
 administration of the department.  When the commission
 proposes or adopts rules to implement a specific federal
 environmental program and the rules impose requirements more
 restrictive than the federal program being implemented
 requires, the commission shall identify in its notice of
 intended action or adopted rule preamble each rule that is
 more restrictive than the federal program requires and shall
 state the reasons for proposing or adopting the more
 restrictive requirement.  In addition, the commission shall
 include with its reasoning a financial impact statement
 detailing the general impact upon the affected parties.  It is
 the intent of the general assembly that the commission
 exercise strict oversight of the operations of the department.
 The rules shall include departmental policy relating to the
 disclosure of information on a violation or alleged violation
 of the rules, standards, permits or orders issued by the
 department and keeping of confidential information obtained by
 the department in the administration and enforcement of this
 chapter, chapter 459, and chapter 459A, and chapter 459B.
 Rules adopted by the executive committee before January 1,
 1981, shall remain effective until modified or rescinded by
 action of the commission.
    6.  Approve all contracts and agreements under this
 chapter, chapter 459, and chapter 459A, and chapter 459B
 between the department and other public or private persons or
 agencies.
    8.  Hold public hearings, except when the evidence to be
 received is confidential pursuant to this chapter, chapter 22,
 chapter 459, or chapter 459A, or chapter 459B, necessary to
 carry out its powers and duties.  The commission may issue
 subpoenas requiring the attendance of witnesses and the
 production of evidence pertinent to the hearings.  A subpoena
 shall be issued and enforced in the same manner as provided in
 civil actions.
    Sec. 23.  Section 455B.105, subsection 11, paragraph a,
 unnumbered paragraph 1, Code 2009, is amended to read as
 follows:
    Adopt, by rule, procedures and forms necessary to implement
 the provisions of this chapter, chapter and chapters 459, and
 chapter 459A, and 459B relating to permits, conditional
 permits, and general permits.  The commission may also adopt,
 by rule, a schedule of fees for permit and conditional permit
 applications and a schedule of fees which may be periodically
 assessed for administration of permits and conditional
 permits.  In determining the fee schedules, the commission
 shall consider:
    Sec. 24.  Section 455B.109, subsection 5, paragraph b, Code
 2009, is amended by adding the following new subparagraph:
    NEW SUBPARAGRAPH.  (4)  Civil penalties assessed by the
 department and interest on the civil penalties, arising out of
 violations involving dry bedded confinement feeding operations
 under chapter 459B, shall be deposited in the animal
 agriculture compliance fund as created in section 459.401.
    Sec. 25.  Section 455B.111, subsection 1, paragraphs a and
 b, Code 2009, are amended to read as follows:
    a.  A person, including the state of Iowa, for violating
 any provision of this chapter; chapter 459, subchapters I, II,
 III, IV, and VI; chapter 459A; chapter 459B; or a rule adopted
 pursuant to this chapter; chapter 459, subchapters I, II, III,
 IV, and VI; or chapter 459A; or chapter 459B.
    b.  The director, the commission, or any official or
 employee of the department where there is an alleged failure
 to perform any act or duty under this chapter; chapter 459,
 subchapters I, II, III, IV, and VI; chapter 459A; chapter
 459B; or a rule adopted pursuant to this chapter; chapter 459,
 subchapters I, II, III, IV, and VI; or chapter 459A,; or
 chapter 459B, which is not a discretionary act or duty.
    Sec. 26.  Section 455B.111, subsection 5, Code 2009, is
 amended to read as follows:
    5.  This section does not restrict any right under
 statutory or common law of a person or class of person to seek
 enforcement of provisions of this chapter; chapter 459,
 subchapters I, II, III, IV, and VI; chapter 459A; chapter
 459B; or a rule adopted pursuant to this chapter; chapter 459,
 subchapters I, II, III, IV, and VI; or chapter 459A,; chapter
 459B; or seek other relief permitted under the law.
    Sec. 27.  Section 455B.112, Code 2009, is amended to read
 as follows:
    455B.112  ACTIONS BY ATTORNEY GENERAL.
    In addition to the duty to commence legal proceedings at
 the request of the director or commission under this chapter;
 chapter 459, subchapters I, II, III, IV, and VI; or chapter
 459A,; or chapter 459B, the attorney general may institute
 civil or criminal proceedings, including an action for
 injunction, to enforce the provisions of this chapter; chapter
 459, subchapters I, II, III, IV, and VI; or chapter 459A; or
 chapter 459B, including orders or permits issued or rules
 adopted under this chapter; chapter 459, subchapters I, II,
 III, IV, and VI; or chapter 459A; or chapter 459B.
    Sec. 28.  Section 455B.174, subsection 1, Code 2009, is
 amended to read as follows:
    1.  Conduct investigations of alleged water pollution or of
 alleged violations of this part of this division, or chapter
 459, subchapter III, chapter 459A, chapter 459B, or any rule
 adopted or any permit issued pursuant thereto upon written
 request of any state agency, political subdivision, local
 board of health, twenty=five residents of the state, as
 directed by the department, or as may be necessary to
 accomplish the purposes of this part of this division, or
 chapter 459, subchapter III, chapter 459A, or chapter 459B.
    Sec. 29.  Section 455B.175, unnumbered paragraph 1, Code
 2009, is amended to read as follows:
    If there is substantial evidence that any person has
 violated or is violating any provision of this part of this
 division, chapter 459, subchapter III, or chapter 459A, or
 chapter 459B, or of any rule or standard established or permit
 issued pursuant thereto; then:
    Sec. 30.  Section 455B.182, Code 2009, is amended to read
 as follows:
    455B.182  FAILURE CONSTITUTES CONTEMPT.
    Failure to obey any order issued by the department with
 reference to a violation of this part of this division;
 chapter 459, subchapter III; or chapter 459A; chapter 459B; or
 any rule promulgated or permit issued pursuant thereto shall
 constitute prima facie evidence of contempt.  In such event
 the department may certify to the district court of the county
 in which such alleged disobedience occurred the fact of such
 failure.  The district court after notice, as prescribed by
 the court, to the parties in interest shall then proceed to
 hear the matter and if it finds that the order was lawful and
 reasonable it shall order the party to comply with the order.
 If the person fails to comply with the court order, that
 person shall be guilty of contempt and shall be fined not to
 exceed five hundred dollars for each day that the person fails
 to comply with the court order.  The penalties provided in
 this section shall be considered as additional to any penalty
 which may be imposed under the law relative to nuisances or
 any other statute relating to the pollution of any waters of
 the state or related to public water supply systems and a
 conviction under this section shall not be a bar to
 prosecution under any other penal statute.
    Sec. 31.  Section 455B.185, Code 2009, is amended to read
 as follows:
    455B.185  DATA FROM DEPARTMENTS.
    The commission and the director may request and receive
 from any department, division, board, bureau, commission,
 public body, or agency of the state, or of any political
 subdivision thereof, or from any organization, incorporated or
 unincorporated, which has for its object the control or use of
 any of the water resources of the state, such assistance and
 data as will enable the commission or the director to properly
 carry out their activities and effectuate the purposes of this
 part 1 of division III; chapter 459, subchapter III; or
 chapter 459A; or chapter 459B.  The department shall reimburse
 such agencies for special expense resulting from expenditures
 not normally a part of the operating expenses of any such
 agency.
    Sec. 32.  Section 459.102, subsections 5 and 35, Code 2009,
 are amended to read as follows:
    5.  "Animal feeding operation structure" means a
 confinement building, manure storage structure, dry bedded
 confinement feeding operation structure as defined in section
 459B.102, or egg washwater storage structure.
    35.  "Manure storage structure" means a formed manure
 storage structure or an unformed manure storage structure.
    a.  A manure storage structure includes a dry bedded manure
 storage structure as defined in section 459B.102.
    b.  A manure storage structure does not include an egg
 washwater storage structure.
    Sec. 33.  Section 459.401, subsection 2, paragraph a,
 subparagraph (5), Code 2009, is amended to read as follows:
    (5)  The collection of civil penalties assessed by the
 department and interest on civil penalties, arising out of
 violations involving animal feeding operations as provided in
 sections 459.602, 459.603, and 459A.502, and 459B.402.
    Sec. 34.  EFFECTIVE DATE.  This division of this Act, being
 deemed of immediate importance, takes effect upon enactment.


                                                             
                               JOHN P. KIBBIE
                               President of the Senate


                                                             
                               PATRICK J. MURPHY
                               Speaker of the House

    I hereby certify that this bill originated in the Senate and
 is known as Senate File 432, Eighty=third General Assembly.


                                                             
                               MICHAEL E. MARSHALL
                               Secretary of the Senate
 Approved                , 2009


                                
 CHESTER J. CULVER
 Governor

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