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