House File 2359
HOUSE FILE
BY KUHN
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act providing standards for the construction of structures
2 associated with confinement feeding operation structures,
3 making penalties applicable, and providing an effective date.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 6093YH 80
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PAG LIN
1 1 Section 1. Section 459.307, subsection 4, Code Supplement
1 2 2003, is amended to read as follows:
1 3 4. A person shall only construct a formed manure storage
1 4 structure on karst terrain or an area which drains into a
1 5 known sinkhole pursuant to upgraded construction design
1 6 standards, which must at least include upgraded standards for
1 7 concrete, necessary to ensure that the structure does not
1 8 pollute groundwater sources. Until the department adopts
1 9 rules providing upgraded construction design standards, the
1 10 person must install and operate a water pollution monitoring
1 11 system as part of the formed manure storage structure.
1 12 Sec. 2. Section 459.308, subsection 3, Code Supplement
1 13 2003, is amended to read as follows:
1 14 3. A person shall not construct an unformed manure storage
1 15 structure on karst terrain or on an area that drains into a
1 16 known sinkhole. However, a person may construct an unformed
1 17 manure storage structure, if there is a twenty=five=foot
1 18 vertical separation distance between the bottom of the
1 19 unformed manure storage structure and underlying limestone,
1 20 dolomite, or other soluble rock.
1 21 Sec. 3. EFFECTIVE DATE. This Act, being deemed of
1 22 immediate importance, takes effect upon enactment.
1 23 EXPLANATION
1 24 This bill amends provisions established under the Animal
1 25 Agriculture Compliance Act (Code chapter 459), which provides
1 26 for the regulation of animal feeding operations by the
1 27 department of natural resources. That chapter generally
1 28 includes provisions regulating where confinement feeding
1 29 operation structures may be constructed.
1 30 Code section 459.307 establishes construction design
1 31 standards for formed manure storage structures. A provision
1 32 of that section provides that a person may only construct a
1 33 formed manure storage structure on karst terrain or an area
1 34 which drains into a known sinkhole pursuant to upgraded
1 35 construction design standards. The bill provides that the
2 1 standards must include upgraded standards for concrete. It
2 2 also provides that until the department adopt rules for those
2 3 upgraded standards, a person constructing a structure within
2 4 the area must install monitoring wells.
2 5 Code section 459.308 prohibits the construction of an
2 6 unformed manure storage structure on karst terrain. The
2 7 section contains one exemption which provides that a person
2 8 may construct a structure on karst terrain if there is a 25=
2 9 foot separation distance between the bottom of the structure
2 10 and soluble rock. The bill eliminates the exception.
2 11 Under Code section 459.603, a person who violates
2 12 construction standards regulating water quality is subject to
2 13 a civil penalty of up to $5,000 for each day of the violation.
2 14 LSB 6093YH 80
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