Senate File 2262

                                   SENATE FILE       
                                   BY  COMMITTEE ON NATURAL
                                       RESOURCES AND ENVIRONMENT

                                   (SUCCESSOR TO SSB 3140)


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to permits relating to the construction and
  2    operation of open feedlots and providing for an effective
  3    date.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 6522SV 80
  6 da/sh/8

PAG LIN

  1  1    Section 1.  NEW SECTION.  459.305A  OPEN FEEDLOTS == PERMIT
  1  2 REQUIREMENTS.
  1  3    The department shall approve or disapprove applications for
  1  4 the issuance of permits for constructing structures relating
  1  5 to open feedlots or operating open feedlots as provided in
  1  6 this section.  Except as provided in this section, the
  1  7 department shall either approve or disapprove an application
  1  8 for a permit within sixty days from the date a person files an
  1  9 application with the department for such permit.
  1 10    1.  If the department determines that an application is
  1 11 incorrect or incomplete, it shall deliver a single written
  1 12 notice to the person within ten days after the date the person
  1 13 files the application.
  1 14    a.  The notice shall contain a request for all additional
  1 15 information required by the department in order to approve or
  1 16 disapprove the application.
  1 17    b.  The department shall approve or disapprove the
  1 18 application based exclusively upon the information contained
  1 19 in the application, the additional information submitted by
  1 20 the person in response to the request, and any additional
  1 21 information the person submits to the department.
  1 22    c.  If the person submits information in response to the
  1 23 departmental request fifty=one days or later from the date the
  1 24 person filed the application, the department shall approve or
  1 25 disapprove the application within ten days after the date the
  1 26 person filed the additional information with the department.
  1 27    d.  If the department disapproves an application because it
  1 28 determines that it is incorrect or incomplete, the department
  1 29 must prove that fact by clear and convincing evidence during
  1 30 any contested case or judicial proceeding in which the
  1 31 disapproval is an issue.
  1 32    2.  Nothing in this section precludes the person from
  1 33 voluntarily extending the period within which the department
  1 34 may consider the person's application for approval or
  1 35 disapproval.
  2  1    Sec. 2.  Section 459.309, Code Supplement 2003, is amended
  2  2 to read as follows:
  2  3    459.309  SETTLED OPEN FEEDLOT EFFLUENT BASINS ==
  2  4 CONSTRUCTION DESIGN STANDARDS.
  2  5    1.  If the department requires that a settled open feedlot
  2  6 effluent basin be constructed according to construction design
  2  7 standards, regardless of whether the department requires the
  2  8 owner to be issued a construction permit under section
  2  9 459.103, any construction design standards for the basin shall
  2 10 be established by rule as provided in chapter 17A that
  2 11 exclusively account for special design characteristics of open
  2 12 feedlots and related basins, including but not limited to the
  2 13 dilute composition of settled open feedlot effluent as
  2 14 collected and stored in the basins.
  2 15    2.  The department shall approve applications and issue
  2 16 permits for the construction or installation of structures
  2 17 which are an alternative to settled open feedlot effluent
  2 18 basins as provided in the national pollutant discharge
  2 19 elimination system permit program pursuant to the federal
  2 20 Water Pollution Control Act, 33 U.S.C. chapter 126, and 40
  2 21 C.F.R. pt. 124.
  2 22    Sec. 3.  EFFECTIVE DATE.  This Act, being deemed of
  2 23 immediate importance, takes effect upon enactment.
  2 24                           EXPLANATION
  2 25    This bill amends Code section 459.309, which is part of the
  2 26 animal agriculture compliance Act regulating animal feeding
  2 27 operations, including confinement feeding operations and open
  2 28 feedlots by the department of natural resources.  Under
  2 29 administrative rules, open feedlots are subject to both
  2 30 construction and operating permits (567 IAC chapter 65).
  2 31    The bill establishes deadlines for the department to
  2 32 approve or disapprove an application for a permit to construct
  2 33 a structure relating to an open feedlot or operate an open
  2 34 feedlot.  Generally, the bill requires the department to make
  2 35 a determination within 60 days from the date a person files an
  3  1 application with the department.  There are two exceptions.
  3  2    The first exception applies if the department determines
  3  3 that the application is incorrect or incomplete.  In that
  3  4 case, the department is required to deliver a written notice
  3  5 to the person submitting the application within 10 days after
  3  6 the date the person files the application.  The notice must
  3  7 specify all requests for additional information required to
  3  8 process the application.  If the person submits information 51
  3  9 days or later from the date the person filed the application,
  3 10 the department has 10 additional days from the date it
  3 11 receives the information to make its determination.  The
  3 12 department also has a higher burden of proof in establishing
  3 13 that the application was incorrect or incomplete if it
  3 14 disapproves an application on that basis.
  3 15    The second exception applies when the person submitting the
  3 16 application voluntarily extends the period during which the
  3 17 department may consider an application for approval or
  3 18 disapproval.
  3 19    One structure subject to a permit is a settled open feedlot
  3 20 effluent basin, which is an impoundment that collects and
  3 21 stores settled open feedlot effluent (a combination of manure
  3 22 and precipitation=induced runoff, or other runoff originating
  3 23 from an open feedlot after its settleable solids have been
  3 24 removed).
  3 25    The bill provides that the department shall approve
  3 26 applications and issue permits for alternative systems under
  3 27 authority of the national pollutant discharge elimination
  3 28 system permit program as delegated to the department by the
  3 29 United States environmental protection agency.
  3 30    The bill takes effect upon enactment.
  3 31 LSB 6522SV 80
  3 32 da/sh/8