Senate File 372 - Introduced
SENATE FILE
BY COMMITTEE ON AGRICULTURE
(SUCCESSOR TO SSB 1246)
(COMPANION TO 2404HV BY
COMMITTEE ON AGRICULTURE)
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to animal feeding operations, by providing for
2 the regulation of open feedlot operations, and providing for
3 penalties.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 2404SV 81
6 da/pj/5
PAG LIN
1 1 DIVISION I
1 2 OPEN FEEDLOT OPERATIONS
1 3 SUBCHAPTER I
1 4 GENERAL PROVISIONS
1 5 Section 1. NEW SECTION. 459A.101 TITLE.
1 6 This chapter shall be known and may be cited as the "Animal
1 7 Agriculture Compliance Act for Open Feedlot Operations".
1 8 Sec. 2. NEW SECTION. 459A.102 DEFINITIONS.
1 9 1. "Alternative technology system" or "alternative system"
1 10 means a system for open feedlot effluent control as provided
1 11 in section 459A.303.
1 12 2. "Animal" means the same as defined in section 459.102.
1 13 3. "Animal feeding operation" means the same as defined in
1 14 section 459.102.
1 15 4. "Animal unit" means the same as defined in section
1 16 459.102.
1 17 5. "Animal unit capacity" means a measurement used to
1 18 determine the maximum number of animal units that may be
1 19 maintained as part of an open feedlot operation.
1 20 6. "A.S.T.M. international" means the American society for
1 21 testing and materials international.
1 22 7. "Commission" means the environmental protection
1 23 commission created pursuant to section 455A.6.
1 24 8. "Department" means the department of natural resources.
1 25 9. "Document" means any form required to be processed by
1 26 the department under this chapter, including but not limited
1 27 to applications for permits or related materials as provided
1 28 in section 459A.205, soil and hydrogeologic reports as
1 29 provided in section 459A.206, construction certifications as
1 30 provided in section 459A.207, nutrient management plans as
1 31 provided in section 459A.208, and notices required under this
1 32 chapter.
1 33 10. "National pollutant discharge elimination system
1 34 permit" means a permit issued by the department or the United
1 35 States environmental protection agency pursuant to the federal
2 1 Water Pollution Control Act, Title 33, U.S.C., ch. 126, as
2 2 amended, and 40 C.F.R., pt. 124.
2 3 11. "Nutrient management plan" or "plan" means a plan
2 4 which provides for the management of open feedlot effluent and
2 5 the application of effluent as provided in section 459A.208.
2 6 12. "Open feedlot" means a lot, yard, corral, building, or
2 7 other area used to house animals in conjunction with an open
2 8 feedlot operation.
2 9 13. "Open feedlot effluent" or "effluent" means a
2 10 combination of manure, precipitation=induced runoff, or other
2 11 runoff from an open feedlot before its settleable solids have
2 12 been removed.
2 13 14. "Open feedlot operation" or "operation" means an
2 14 unroofed or partially roofed animal feeding operation if crop,
2 15 vegetation, or forage growth or residue cover is not
2 16 maintained as part of the animal feeding operation during the
2 17 period that animals are confined in the animal feeding
2 18 operation.
2 19 15. "Open feedlot operation structure" means an open
2 20 feedlot, settled open feedlot effluent basin, a solids
2 21 settling facility, or an alternative technology system.
2 22 16. "Research college" means an accredited public or
2 23 private college or university, including but not limited to a
2 24 university under the control of the state board of regents as
2 25 provided in chapter 262, or a community college under the
2 26 jurisdiction of a board of directors for a merged area as
2 27 provided in chapter 260C, if the college or university
2 28 performs research or experimental activities regarding animal
2 29 agriculture or agronomy.
2 30 17. "Settled open feedlot effluent" or "settled effluent"
2 31 means a combination of manure, precipitation=induced runoff,
2 32 or other runoff originating from an open feedlot after its
2 33 settleable solids have been removed.
2 34 18. "Settleable solids" or "solids" means that portion of
2 35 open feedlot effluent that meets all of the following
3 1 requirements:
3 2 a. The solids do not flow perceptibly under pressure.
3 3 b. The solids are not capable of being transported through
3 4 a mechanical pumping device designed to move a liquid.
3 5 c. The constituent molecules of the solids do not flow
3 6 freely among themselves but do show the tendency to separate
3 7 under stress.
3 8 19. "Settled open feedlot effluent basin" or "basin" means
3 9 an impoundment which is part of an open feedlot operation, if
3 10 the primary function of the impoundment is to collect and
3 11 store settled open feedlot effluent.
3 12 20. "Solids settling facility" means a basin, terrace,
3 13 diversion, or other structure or solids removal method which
3 14 is part of an open feedlot operation and which is designed and
3 15 operated to remove settleable solids from open feedlot
3 16 effluent. A solids settling facility shall not retain the
3 17 liquid portion of open feedlot effluent for more than seven
3 18 consecutive days following a precipitation event.
3 19 21. "Waters of the United States" means the same as
3 20 defined in 40 C.F.R., pt. 122, } 2, as that section exists on
3 21 the effective date of this Act.
3 22 Sec. 3. NEW SECTION. 459A.103 SPECIAL TERMS.
3 23 For purposes of this chapter, all of the following shall
3 24 apply:
3 25 1. a. Two or more open feedlot operations under common
3 26 ownership or common management are deemed to be a single open
3 27 feedlot operation if they are adjacent or utilize a common
3 28 area or system for open feedlot effluent disposal.
3 29 b. For purposes of determining whether two or more open
3 30 feedlot operations are adjacent, all of the following shall
3 31 apply:
3 32 (1) At least one open feedlot operation structure must be
3 33 constructed on or after July 17, 2002.
3 34 (2) An open feedlot operation structure which is part of
3 35 one open feedlot operation is separated by less than one
4 1 thousand two hundred fifty feet from an open feedlot operation
4 2 structure which is part of the other open feedlot operation.
4 3 c. For purposes of determining whether two or more open
4 4 feedlot operations are under common ownership, a person must
4 5 hold an interest in each of the open feedlot operations as any
4 6 of the following:
4 7 (1) A sole proprietor.
4 8 (2) A joint tenant or tenant in common.
4 9 (3) A holder of a majority equity interest in a business
4 10 association as defined in section 202B.102, including but not
4 11 limited to as a shareholder, partner, member, or beneficiary.
4 12 An interest in the open feedlot operation under
4 13 subparagraph (2) or (3) which is held directly or indirectly
4 14 by the person's spouse or dependent child shall be attributed
4 15 to the person.
4 16 d. For purposes of determining whether two or more open
4 17 feedlot operations are under common management, a person must
4 18 have significant control of the management of the day=to=day
4 19 operations of each of the open feedlot operations. Common
4 20 management does not include control over a contract livestock
4 21 facility by a contractor, as defined in section 202.1.
4 22 2. An open feedlot operation structure is "constructed"
4 23 when any of the following occurs:
4 24 a. Excavation commences for a proposed open feedlot
4 25 operation structure or proposed expansion of an existing open
4 26 feedlot operation structure.
4 27 b. Forms for concrete are installed for a proposed open
4 28 feedlot operation structure or the proposed expansion of an
4 29 existing open feedlot operation structure.
4 30 c. Piping for the movement of open feedlot effluent is
4 31 installed within or between open feedlot operation structures
4 32 as proposed or proposed to be expanded.
4 33 3. In calculating the animal unit capacity of an open
4 34 feedlot operation, the animal unit capacity shall include the
4 35 animal unit capacity of all open feedlots which are part of
5 1 the open feedlot operation, unless an open feedlot has been
5 2 abandoned as provided in this section. The animal unit
5 3 capacity of an open feedlot operation shall not include the
5 4 animal unit capacity of any confinement feeding operation
5 5 buildings as defined in section 459.102, which are part of the
5 6 open feedlot operation.
5 7 4. An open feedlot operation structure is abandoned if the
5 8 open feedlot operation structure has been razed, removed from
5 9 the site of an open feedlot operation, filled in with earth,
5 10 or converted to uses other than an open feedlot operation
5 11 structure so that it cannot be used as an open feedlot
5 12 operation structure without significant reconstruction.
5 13 5. All distances between locations or objects provided in
5 14 this subchapter shall be measured in feet from their closest
5 15 points.
5 16 Sec. 4. NEW SECTION. 459A.104 GENERAL AUTHORITY ==
5 17 COMMISSION AND DEPARTMENT == PURPOSE == COMPLIANCE.
5 18 1. The commission shall establish by rule adopted pursuant
5 19 to chapter 17A, requirements relating to the construction,
5 20 including expansion, or operation of open feedlot operations,
5 21 including related open feedlot operation structures.
5 22 2. Any provision referring generally to compliance with
5 23 the requirements of this chapter as applied to open feedlot
5 24 operations also includes compliance with requirements in rules
5 25 adopted by the commission pursuant to this section, orders
5 26 issued by the department as authorized under this chapter, and
5 27 the terms and conditions applicable to licenses,
5 28 certifications, permits, or nutrient management plans required
5 29 under this chapter.
5 30 3. The purpose of this chapter is to provide requirements
5 31 relating to the construction, including the expansion, and
5 32 operation of open feedlot operations, and the control of open
5 33 feedlot effluent, which shall be construed to supplement
5 34 applicable provisions of chapter 459. If there is a conflict
5 35 between the provisions of this chapter and chapter 459, the
6 1 provisions of this chapter shall prevail.
6 2 Sec. 5. NEW SECTION. 459A.105 EXCEPTION TO REGULATION.
6 3 1. Except as provided in subsection 2, the requirements of
6 4 this chapter which regulate open feedlot operations, including
6 5 rules adopted by the department pursuant to section 459A.104,
6 6 shall not apply to research activities and experiments
6 7 performed under the authority and regulations of a research
6 8 college, if the research activities and experiments relate to
6 9 open feedlot operation structures and the disposal or
6 10 treatment of effluent originating from open feedlot
6 11 operations.
6 12 2. The requirements of section 459A.410, including rules
6 13 adopted by the department under that section, apply to
6 14 research activities and experiments performed under the
6 15 authority and regulations of a research college.
6 16 SUBCHAPTER II
6 17 DOCUMENTATION
6 18 Sec. 6. NEW SECTION. 459A.201 DOCUMENT PROCESSING
6 19 REQUIREMENTS.
6 20 1. The department shall adopt and promulgate forms
6 21 required to be completed in order to comply with this chapter,
6 22 including forms for documents that the department shall make
6 23 available on the internet in the same manner as provided in
6 24 section 459.302.
6 25 2. a. The department shall provide for procedures for the
6 26 receipt, filing, processing, and return of documents in an
6 27 electronic format in the same manner as provided in section
6 28 459.302. The department shall provide for authentication of
6 29 the documents that may include electronic signatures as
6 30 provided in chapter 554D.
6 31 b. The department shall to every extent feasible provide
6 32 for the processing of documents required under this subchapter
6 33 using electronic systems in the same manner as required in
6 34 section 459.302.
6 35 3. The department shall approve or disapprove an
7 1 application for a construction permit as provided in section
7 2 459A.205 within sixty days after receiving the permit
7 3 application. However, the applicant may deliver a notice
7 4 requesting a continuance. Upon receipt of a notice, the time
7 5 required for the department to act upon the application shall
7 6 be suspended for the period provided in the notice, but for
7 7 not more than thirty days after the department's receipt of
7 8 the notice. The applicant may submit more than one notice.
7 9 However, the department may provide that an application is
7 10 terminated if no action is required by the department for one
7 11 year following delivery of the application to the department.
7 12 The department may also provide for a continuance when it
7 13 considers the application. The department shall provide
7 14 notice to the applicant of the continuance. The time required
7 15 for the department to act upon the application shall be
7 16 suspended for the period provided in the notice, but for not
7 17 more than thirty days. However, the department shall not
7 18 provide for more than one continuance.
7 19 Sec. 7. NEW SECTION. 459A.205 PERMIT REQUIREMENTS ==
7 20 SETTLED OPEN FEEDLOT EFFLUENT BASINS AND ALTERNATIVE
7 21 TECHNOLOGY SYSTEMS.
7 22 1. The department shall approve or disapprove applications
7 23 for permits for the construction, including the expansion, of
7 24 settled open feedlot effluent basins and alternative
7 25 technology systems, as provided in this chapter. The
7 26 department's decision to approve or disapprove a permit for
7 27 the construction of a basin or alternative system shall be
7 28 based on whether the application is submitted according to
7 29 procedures and standards required by this chapter. A person
7 30 shall not begin construction of a basin or alternative system
7 31 requiring a permit under this section, unless the department
7 32 first approves the person's application and issues to the
7 33 person a construction permit.
7 34 2. The department shall issue a construction permit upon
7 35 approval of an application. The department shall approve the
8 1 application regardless of whether the applicant is required to
8 2 be issued a construction permit.
8 3 3. The department shall not approve an application for a
8 4 construction permit unless the applicant submits all of the
8 5 following:
8 6 a. A nutrient management plan as provided in section
8 7 459A.208.
8 8 b. An engineering report, construction plans, or
8 9 specifications prepared by a licensed professional engineer or
8 10 the natural resources conservation service of the United
8 11 States department of agriculture certifying that the
8 12 construction of the settled open feedlot effluent basin or
8 13 alternative technology system complies with the construction
8 14 design standards required in this chapter.
8 15 4. An open feedlot operation must be issued a construction
8 16 permit prior to any of the following:
8 17 a. The construction, including expansion, of a settled
8 18 open feedlot effluent basin or alternative technology system
8 19 if after construction the open feedlot operation has an animal
8 20 unit capacity of one thousand animal units or more.
8 21 b. The department has previously issued the open feedlot
8 22 operation a construction permit and any of the following
8 23 applies:
8 24 (1) The animal unit capacity of the open feedlot operation
8 25 will be increased to more than the design animal unit capacity
8 26 approved by the department in the previous construction
8 27 permit.
8 28 (2) The volume of open feedlot effluent stored at the open
8 29 feedlot operation would be more than the design volume
8 30 approved by the department in the previous construction
8 31 permit.
8 32 c. The open feedlot operation was discontinued for twenty=
8 33 four months or more and the animal unit capacity would be one
8 34 thousand animal units or more.
8 35 5. Prior to submitting an application for a construction
9 1 permit the applicant may submit a conceptual design and site
9 2 investigation report to the department for review and comment.
9 3 6. The application for the construction permit shall
9 4 include all of the following:
9 5 a. The name of the owner of the open feedlot operation and
9 6 the name of the open feedlot operation, including mailing
9 7 address and telephone number.
9 8 b. The name of the contact person for the open feedlot
9 9 operation, including the person's mailing address and
9 10 telephone number.
9 11 c. The location of the open feedlot operation.
9 12 d. A statement providing that the application is for any
9 13 of the following:
9 14 (1) The construction or expansion of a settled open
9 15 feedlot effluent basin or alternative technology system for an
9 16 existing open feedlot operation which is not expanding.
9 17 (2) The construction or expansion of a settled open
9 18 feedlot effluent basin or alternative technology system for
9 19 the expansion of an existing open feedlot operation.
9 20 (3) The construction of a settled open feedlot effluent
9 21 basin or alternative technology system for a proposed new open
9 22 feedlot operation.
9 23 e. The animal unit capacity for each animal species in the
9 24 open feedlot operation before and after the proposed
9 25 construction.
9 26 f. An engineering report, construction plans, and
9 27 specifications prepared by a licensed professional engineer or
9 28 by the United States natural resource conservation service,
9 29 for the settled open feedlot operation effluent basin or
9 30 alternative technology system.
9 31 g. A soils and hydrogeologic report of the site, as
9 32 required in section 459A.206.
9 33 h. Information, including but not limited to maps,
9 34 drawings, and aerial photos that clearly show the location of
9 35 the open feedlot operation and all existing and proposed
10 1 settled open feedlot effluent basins or alternative technology
10 2 systems, clean water diversions, other pertinent features or
10 3 structures, the location of any other open feedlot operations
10 4 under common ownership or common management and located within
10 5 one thousand two hundred fifty feet of the open feedlot
10 6 operation, and the location of public water supply systems or
10 7 private wells which are within an area which is equal to a
10 8 multiple of two times the applicable separation distance.
10 9 i. For an open feedlot operation implementing an
10 10 alternative technology system as provided in section 459A.303,
10 11 the applicant shall submit all of the following:
10 12 (1) Information showing that the proposed open feedlot
10 13 operation meets criteria for siting as established by rules
10 14 adopted by the department. However, if the site does not meet
10 15 the criteria, the information shall show substantially
10 16 equivalent alternatives to meeting such criteria.
10 17 (2) The results of predictive computer modeling for the
10 18 proposed alternative technology system to determine
10 19 suitability of the proposed site for the system and to predict
10 20 performance of the system as compared to the use of a settled
10 21 open feedlot effluent basin.
10 22 (3) A conceptual design of the proposed alternative
10 23 technology system, as developed by a licensed engineer.
10 24 7. A construction permit for an open feedlot operation
10 25 expires as follows:
10 26 a. If construction does not begin within one year after
10 27 the date the construction permit is issued.
10 28 b. If construction is not completed within three years
10 29 after the date the construction permit is issued. However,
10 30 the department may grant an extension of time to begin or
10 31 complete construction upon a showing of just cause by the
10 32 construction permit applicant.
10 33 8. The department may suspend or revoke a construction
10 34 permit or refuse to renew a permit expiring under this section
10 35 if it determines that the operation of the open feedlot
11 1 operation constitutes a clear, present, and impending danger
11 2 to public health or the environment.
11 3 9. This section does not require a person to obtain a
11 4 permit to construct a basin or alternative system if the basin
11 5 or system is part of an open feedlot operation which is owned
11 6 by a research college conducting research activities as
11 7 provided in section 459A.105.
11 8 Sec. 8. NEW SECTION. 459A.206 SETTLED OPEN FEEDLOT
11 9 EFFLUENT BASINS == SOILS AND HYDROGEOLOGIC REPORT.
11 10 A settled open feedlot effluent basin required to be
11 11 constructed pursuant to a construction permit issued pursuant
11 12 to section 459A.205 shall meet design standards as required by
11 13 a soils and hydrogeologic report.
11 14 The report shall be submitted with the construction permit
11 15 application as provided in section 459A.205. The report shall
11 16 include all of the following:
11 17 1. A description of the steps to determine the soils and
11 18 hydrogeologic conditions at the proposed construction site, a
11 19 description of the geologic units encountered, and a
11 20 description of the effects of the soil and groundwater
11 21 elevation and direction of flow on the construction and
11 22 operation of the basin.
11 23 2. The subsurface soil classification of the site. A
11 24 subsurface soil classification shall be based on A.S.T.M
11 25 international designation D=2487=92 or D=2488=90.
11 26 3. The results of at least three soil corings reflecting
11 27 the continuous soil profile taken for each basin. The soil
11 28 corings shall be taken and used in determining subsurface soil
11 29 characteristics and groundwater elevation and direction of
11 30 flow of the proposed site for construction. The soil corings
11 31 shall be taken as follows:
11 32 a. By a qualified person ordinarily engaged in the
11 33 practice of taking soil cores and in performing soil testing.
11 34 b. At locations that reflect the continuous soil profile
11 35 conditions existing within the area of the proposed basin,
12 1 including conditions found near the corners and the deepest
12 2 point of the proposed basin. The soil corings shall be taken
12 3 to a minimum depth of ten feet below the bottom elevation of
12 4 the basin.
12 5 c. By a method such as hollow stem auger or other method
12 6 that identifies the continuous soil profile and does not
12 7 result in the mixing of soil layers.
12 8 Sec. 9. NEW SECTION. 459A.207 CONSTRUCTION
12 9 CERTIFICATION.
12 10 1. The owner of an open feedlot operation who is issued a
12 11 construction permit for a settled open feedlot effluent basin
12 12 as provided in section 459A.205 after the effective date of
12 13 this Act shall submit to the department a construction
12 14 certification from a licensed professional engineer certifying
12 15 all of the following:
12 16 a. The basin was constructed in accordance with the design
12 17 plans submitted to the department as part of an application
12 18 for a construction permit pursuant to section 459A.205. If
12 19 the actual construction deviates from the approved plans, the
12 20 certification shall identify all changes and certify that the
12 21 changes were consistent with all applicable standards of this
12 22 section.
12 23 b. The basin was inspected by the licensed professional
12 24 engineer after completion of construction and before
12 25 commencement of operation.
12 26 2. A written record of an investigation for tile lines,
12 27 including the findings of the investigation and actions taken
12 28 to comply with subchapter III, shall be submitted as part of
12 29 the construction certification.
12 30 Sec. 10. NEW SECTION. 459A.208 NUTRIENT MANAGEMENT PLAN
12 31 == REQUIREMENTS.
12 32 1. The owner of an open feedlot operation required to have
12 33 a national pollution discharge elimination permit shall
12 34 develop and maintain a nutrient management plan meeting the
12 35 requirements of this section by December 31, 2006.
13 1 2. Not more than one open feedlot operation shall be
13 2 covered by a single nutrient management plan.
13 3 3. A person shall not remove open feedlot effluent from an
13 4 open feedlot operation structure which is part of an open
13 5 feedlot operation for which a nutrient management plan is
13 6 required under this section, unless the department approves a
13 7 nutrient management plan as required in this section. The
13 8 department may adopt rules allowing a person to remove open
13 9 feedlot effluent from an open feedlot operation structure
13 10 until the nutrient management plan is approved or disapproved
13 11 by the department according to terms and conditions required
13 12 by rules adopted by the department.
13 13 4. The department shall not approve an application for a
13 14 permit to construct a settled open feedlot effluent basin
13 15 unless the owner of the open feedlot operation applying for
13 16 approval submits a nutrient management plan together with the
13 17 application for the construction permit as provided in section
13 18 459A.205. The nutrient management plan shall be approved or
13 19 disapproved as part of the construction permit application. A
13 20 nutrient management plan using an alternative technology
13 21 system shall not include requirements for settled effluent
13 22 that enters the alternative technology system.
13 23 5. A nutrient management plan must be authenticated by the
13 24 person required to submit the nutrient management plan as
13 25 required by the department in accordance with section
13 26 459A.208.
13 27 6. A nutrient management plan shall include all of the
13 28 following:
13 29 a. Restrictions on the application of open feedlot
13 30 effluent based on all of the following:
13 31 (1) Calculations necessary to determine the land area
13 32 required for the application of open feedlot effluent from an
13 33 open feedlot operation based on nitrogen use levels in order
13 34 to obtain optimum crop yields according to a crop schedule
13 35 specified in the nutrient management plan, and according to
14 1 requirements adopted by the department.
14 2 (2) A phosphorus index established pursuant to section
14 3 459.312.
14 4 b. Information relating to the land application of the
14 5 open feedlot effluent, including all of the following:
14 6 (1) Nutrient levels of the open feedlot effluent.
14 7 (2) Application methods, the timing of the application,
14 8 and the location of the land where the application occurs.
14 9 (3) If the location of the application is on land other
14 10 than land owned or rented for crop production by the person
14 11 applying for a construction or national pollutant discharge
14 12 elimination system permit, the plan shall include a copy of
14 13 each written agreement executed between the person and the
14 14 landowner or the person renting the land for crop production
14 15 where the open feedlot effluent will be applied.
14 16 c. An estimate of the open feedlot effluent volume or
14 17 weight produced by the open feedlot operation.
14 18 d. Information which shows all of the following:
14 19 (1) There is adequate storage of open feedlot effluent,
14 20 including procedures to ensure proper operation and
14 21 maintenance of the storage structures.
14 22 (2) The proper management of animal mortalities to ensure
14 23 that animals are not disposed of in an open feedlot operation
14 24 structure or a treatment system that is not specifically
14 25 designed to treat animal mortalities.
14 26 (3) Surface drainage prior to contact with an open feedlot
14 27 structure is diverted, as appropriate, from the open feedlot
14 28 operation.
14 29 (4) Animals kept in the open feedlot operation will not
14 30 have direct contact with waters of the United States.
14 31 (5) Chemicals or other contaminants handled on=site are
14 32 not disposed of in an open feedlot operation structure or a
14 33 treatment system that is not specifically designed to treat
14 34 such chemicals or contaminants.
14 35 7. If an open feedlot operation uses an alternative
15 1 technology system as provided in section 459A.303, the
15 2 nutrient management plan is not required to provide for
15 3 settled effluent that enters the alternative technology
15 4 system.
15 5 8. A person required to develop and maintain a nutrient
15 6 management plan shall maintain a current nutrient management
15 7 plan and maintain records sufficient to demonstrate compliance
15 8 with the nutrient management plan. Chapter 22 shall not apply
15 9 to the records which shall be kept confidential by the
15 10 department and its agents and employees. The contents of the
15 11 records are not subject to disclosure except as follows:
15 12 a. Upon waiver by the person receiving the permit.
15 13 b. In a contested case proceeding commenced under chapter
15 14 17A. Notwithstanding section 17A.19, the proceeding shall be
15 15 closed.
15 16 c. When required by subpoena or court order.
15 17 9. A person required to authenticate a nutrient management
15 18 plan who is found in violation of the terms and conditions of
15 19 the plan shall not be subject to an enforcement action other
15 20 than the assessment of a civil penalty pursuant to section
15 21 459A.502.
15 22 SUBCHAPTER III
15 23 DESIGN STANDARDS AND CONSTRUCTION REQUIREMENTS
15 24 Sec. 11. NEW SECTION. 459A.301 SETTLED OPEN FEEDLOT
15 25 EFFLUENT BASINS == CONSTRUCTION DESIGN STANDARDS == RULES.
15 26 If the department requires that a settled open feedlot
15 27 effluent basin be constructed according to construction design
15 28 standards, regardless of whether the department requires the
15 29 owner to be issued a construction permit under section
15 30 459A.205, any construction design standards for the basin
15 31 shall be established by rules as provided in chapter 17A that
15 32 exclusively account for special design characteristics of open
15 33 feedlot operations and related basins, including but not
15 34 limited to the dilute composition of settled open feedlot
15 35 effluent as collected and stored in the basins.
16 1 Sec. 12. NEW SECTION. 459A.302 SETTLED OPEN FEEDLOT
16 2 EFFLUENT BASINS == CONSTRUCTION REQUIREMENTS.
16 3 A settled open feedlot effluent basin required to be
16 4 constructed pursuant to a construction permit issued pursuant
16 5 to section 459A.205 shall meet all of the following
16 6 requirements:
16 7 1. a. Prior to constructing a settled open feedlot
16 8 effluent basin, the site for the basin shall be investigated
16 9 for a drainage tile line. The investigation shall be made by
16 10 digging a core trench to a depth of at least six feet deep
16 11 from ground level at the projected center of the berm of the
16 12 basin. If a tile line is discovered, one of the following
16 13 solutions shall be implemented:
16 14 (1) The tile line shall be rerouted around the perimeter
16 15 of the basin.
16 16 (2) The tile line shall be replaced with a nonperforated
16 17 tile under the basin floor. There must be a minimum of three
16 18 feet between the tile and the basin floor.
16 19 b. A written record of the investigation shall be
16 20 submitted as part of the construction certification required
16 21 under section 459A.207.
16 22 2. a. The settled open feedlot effluent basin shall be
16 23 constructed with a minimum separation of two feet between the
16 24 top of the liner of the basin and the seasonal high=water
16 25 table.
16 26 b. If drainage tile around the perimeter of the basin is
16 27 installed a minimum of two feet below the top of the basin
16 28 liner to artificially lower the seasonal high=water table, the
16 29 top of the basin's liner may be a maximum of four feet below
16 30 the seasonal high=water table. The seasonal high=water table
16 31 may be artificially lowered by gravity flow tile lines,
16 32 nongravity mechanical systems that use pumping equipment, or
16 33 other similar system.
16 34 3. Drainage tile may be installed to artificially lower
16 35 the seasonal high=water table at a settled open feedlot
17 1 effluent basin, if all of the following conditions are
17 2 satisfied:
17 3 a. A device to allow monitoring of the water in the
17 4 drainage tile lines and a device to allow shutoff of the flow
17 5 in the drainage tile lines are installed, if the drainage tile
17 6 lines do not have a surface outlet accessible on the property
17 7 where the settled open feedlot effluent basin is located.
17 8 b. Drainage tile lines are installed horizontally at least
17 9 twenty=five feet away from the settled open feedlot effluent
17 10 basin. Tile lines shall be placed in a vertical trench and
17 11 encased in granular material which extends upward to the level
17 12 of the seasonal high=water table.
17 13 c. For purposes of this section, the seasonal high=water
17 14 table means the "seasonal high=water table" as determined by a
17 15 professional engineer pursuant to the following requirements:
17 16 (1) The seasonal high=water table shall be determined by
17 17 evaluating soil profile characteristics such as color and
17 18 mottling from soil corings, soil test pits, or other soil
17 19 profile evaluation methods, water level data from soil corings
17 20 or other sources, and other pertinent information.
17 21 (2) If drainage tile to artificially lower the seasonal
17 22 high=water table is installed as required by this section, the
17 23 level to which the seasonal high=water table will be lowered
17 24 will be the seasonal high=water table.
17 25 4. A settled open feedlot effluent basin shall be
17 26 constructed with at least four feet between the bottom of the
17 27 basin and a bedrock formation.
17 28 5. A settled open feedlot effluent basin constructed on a
17 29 floodplain or within a floodway of a river or stream shall
17 30 comply with rules of the department.
17 31 6. The liner of a settled open feedlot effluent basin
17 32 shall comply with all of the following:
17 33 a. The liner shall comply with any of the following
17 34 permeability standards:
17 35 (1) The liner shall be constructed to have a percolation
18 1 rate that shall not exceed one=sixteenth inch per day at the
18 2 design depth of the basin as determined by percolation tests
18 3 conducted by the professional engineer. If a clay soil liner
18 4 is used, the liner shall be constructed with a minimum
18 5 thickness of twelve inches or the minimum thickness necessary
18 6 to comply with the percolation rate in this section, whichever
18 7 is greater.
18 8 (2) The liner shall be constructed at optimum moisture
18 9 content not less than ninety=five percent of the maximum
18 10 density as determined by a standard five=point proctor test
18 11 performed at the site of the open feedlot operation by the
18 12 professional engineer. If a clay soil liner is used, the
18 13 liner shall be constructed with a minimum thickness of twelve
18 14 inches.
18 15 b. If a synthetic liner is used, the liner shall be
18 16 installed to comply with the percolation rate required in this
18 17 section.
18 18 7. The owner of an open feedlot operation using a settled
18 19 open feedlot effluent basin shall inspect the berms of the
18 20 basin at least semiannually for evidence of erosion. If the
18 21 inspection reveals erosion which may impact the basin's
18 22 structural stability or the integrity of the basin's liner,
18 23 the owner shall repair the berms.
18 24 Sec. 13. NEW SECTION. 459A.303 ALTERNATIVE TECHNOLOGY
18 25 SYSTEMS.
18 26 In lieu of using a settled open feedlot effluent basin as
18 27 provided in section 459A.301 to meet the open feedlot effluent
18 28 control requirements of section 459A.401, an open feedlot
18 29 operation may use an alternative technology system for open
18 30 feedlot effluent control that provides an equivalent level of
18 31 open feedlot effluent control that would be achieved by using
18 32 a settled open feedlot effluent basin. The department shall
18 33 adopt rules establishing alternative technology systems.
18 34 SUBCHAPTER IV
18 35 OPEN FEEDLOT EFFLUENT CONTROL
19 1 Sec. 14. NEW SECTION. 459A.401 OPEN FEEDLOT EFFLUENT
19 2 CONTROL METHODS.
19 3 An open feedlot operation shall provide for the management
19 4 of settleable solids and other effluent by using an open
19 5 feedlot effluent control method as follows:
19 6 1. All settleable solids from open feedlot effluent shall
19 7 be removed prior to discharge into a waters of the United
19 8 States.
19 9 a. The settleable solids shall be removed by use of a
19 10 solids settling facility. The construction of a solids
19 11 settling facility is not required where existing site
19 12 conditions provide for removal of settleable solids prior to
19 13 discharge to a waters of the United States.
19 14 b. The removal of settleable solids shall be deemed to
19 15 have occurred when the velocity of flow of the open feedlot
19 16 effluent has been reduced to less than point five feet per
19 17 second for a minimum of five minutes. A solids settling
19 18 facility shall have sufficient capacity to store settled
19 19 solids between periods of land application and to provide
19 20 required flow=velocity reduction for open feedlot effluent
19 21 flow volumes resulting from a precipitation event of less
19 22 intensity than a ten=year, one=hour frequency event. A solids
19 23 settling facility which receives open feedlot effluent shall
19 24 provide a minimum of one square foot of surface area for each
19 25 eight cubic feet of open feedlot effluent per hour resulting
19 26 from a ten=year, one=hour frequency precipitation event.
19 27 2. Except as provided in this subsection, an open feedlot
19 28 operation that operates pursuant to a national pollutant
19 29 discharge elimination system permit shall not discharge open
19 30 feedlot effluent from an open feedlot operation structure into
19 31 a waters of this United States. An open feedlot operation may
19 32 discharge open feedlot effluent into the waters of the United
19 33 States due to a precipitation event, if any of the following
19 34 apply:
19 35 a. For an open feedlot operation that houses cattle, other
20 1 than veal cattle, the operation is designed, constructed,
20 2 operated, and maintained to contain all open feedlot effluent
20 3 resulting from a twenty=five=year, twenty=four=hour
20 4 precipitation event.
20 5 b. For an open feedlot operation that houses veal calves,
20 6 swine, chickens, or turkeys, the operation is designed,
20 7 constructed, operated, and maintained to contain all open
20 8 feedlot effluent resulting from a one=hundred=year, twenty=
20 9 four=hour precipitation event.
20 10 3. An open feedlot operation designed, constructed, and
20 11 operated in accordance with the requirements of an open
20 12 feedlot effluent control system as provided in rules adopted
20 13 by the department shall be deemed to be in compliance with
20 14 this section, unless a discharge from the open feedlot
20 15 operation causes a violation of state water quality standards
20 16 as provided in chapter 455B, division III.
20 17 4. The control of open feedlot effluent may be
20 18 accomplished by the use of a solids settling facility, settled
20 19 open feedlot effluent basin, alternative technology system, or
20 20 any other open feedlot effluent control structure or practice
20 21 approved by the department. The department may require the
20 22 diversion of surface drainage prior to contact with an open
20 23 feedlot operation structure. Solids shall be settled from
20 24 open feedlot effluent before the effluent enters a settled
20 25 open feedlot basin or alternative technology system.
20 26 Sec. 15. NEW SECTION. 459A.402 OPEN FEEDLOT EFFLUENT
20 27 CONTROL == ALTERNATIVE CONTROL PRACTICES.
20 28 If because of topography or other factors related to the
20 29 site of an open feedlot operation it is economically or
20 30 physically impractical to comply with open feedlot effluent
20 31 control requirements using the open feedlot effluent controls
20 32 in section 459A.401, the department shall allow the use of
20 33 other open feedlot effluent control practices if those
20 34 practices will provide an equivalent level of open feedlot
20 35 effluent control that would be achieved by using an open
21 1 feedlot effluent control method pursuant to section 459A.401.
21 2 Sec. 16. NEW SECTION. 459A.410 EFFLUENT APPLICATION
21 3 REQUIREMENTS.
21 4 Open feedlot effluent shall be applied in a manner which
21 5 does not cause surface water or groundwater pollution.
21 6 Application in accordance with the provisions of state law,
21 7 including this chapter, rules adopted pursuant to the
21 8 provisions of state law, including this chapter, and
21 9 guidelines adopted pursuant to this chapter, shall be deemed
21 10 as compliance with this section.
21 11 Sec. 17. NEW SECTION. 459A.411 DISCONTINUANCE OF
21 12 OPERATIONS.
21 13 The owner of an open feedlot operation who discontinues the
21 14 use of the operation shall remove all open feedlot effluent
21 15 from related open feedlot operation structures used to store
21 16 open feedlot effluent, as soon as practical but not later than
21 17 six months following the date the open feedlot operation is
21 18 discontinued.
21 19 SUBCHAPTER V
21 20 ENFORCEMENT
21 21 Sec. 18. NEW SECTION. 459A.501 GENERAL.
21 22 The department and the attorney general shall enforce the
21 23 provisions of this chapter in the same manner as provided in
21 24 chapter 455B, division I, unless otherwise provided in this
21 25 chapter.
21 26 Sec. 19. NEW SECTION. 459A.502 VIOLATIONS == CIVIL
21 27 PENALTY.
21 28 A person who violates this chapter shall be subject to a
21 29 civil penalty which shall be established, assessed, and
21 30 collected in the same manner as provided in section 455B.191.
21 31 Any civil penalty collected and interest on a civil penalty
21 32 shall be deposited in the animal agriculture compliance fund
21 33 created in section 459.401.
21 34 DIVISION II
21 35 CONFORMING AMENDMENTS
22 1 Sec. 20. Section 455B.103, subsections 3 and 4, Code 2005,
22 2 are amended to read as follows:
22 3 3. Contract, with the approval of the commission, with
22 4 public agencies of this state to provide all laboratory,
22 5 scientific field measurement and environmental quality
22 6 evaluation services necessary to implement the provisions of
22 7 this chapter, and chapter 459, subchapters II and III and
22 8 chapter 459A. If the director finds that public agencies of
22 9 this state cannot provide the laboratory, scientific field
22 10 measurement and environmental evaluation services required by
22 11 the department, the director may contract, with the approval
22 12 of the commission, with any other public or private persons or
22 13 agencies for such services or for scientific or technical
22 14 services required to carry out the programs and services
22 15 assigned to the department.
22 16 4. Conduct investigations of complaints received directly
22 17 or referred by the commission created in section 455A.6 or
22 18 other investigations deemed necessary. While conducting an
22 19 investigation, the director may enter at any reasonable time
22 20 in and upon any private or public property to investigate any
22 21 actual or possible violation of this chapter, or chapter 459,
22 22 subchapters II and III, chapter 459A, or the rules or
22 23 standards adopted under this chapter, or chapter 459,
22 24 subchapters II and III or chapter 459A. However, the owner or
22 25 person in charge shall be notified.
22 26 Sec. 21. Section 455B.103A, subsection 1, unnumbered
22 27 paragraph 1, Code 2005, is amended to read as follows:
22 28 If a permit is required pursuant to this chapter, or
22 29 chapter 459, or chapter 459A for stormwater discharge or an
22 30 air contaminant source and a facility to be permitted is
22 31 representative of a class of facilities which could be
22 32 described and conditioned by a single permit, the director may
22 33 issue, modify, deny, or revoke a general permit for all of the
22 34 following conditions:
22 35 Sec. 22. Section 455B.103A, subsection 5, Code 2005, is
23 1 amended to read as follows:
23 2 5. The enforcement provisions of division II of this
23 3 chapter and chapter 459, subchapter II, apply to general
23 4 permits for air contaminant sources. The enforcement
23 5 provisions of division III, part 1, of this chapter, and
23 6 chapter 459, subchapter III, and chapter 459A apply to general
23 7 permits for stormwater discharge.
23 8 Sec. 23. Section 455B.105, subsections 3, 6, and 8, Code
23 9 2005, are amended to read as follows:
23 10 3. Adopt, modify, or repeal rules necessary to implement
23 11 this chapter, and chapter 459, and chapter 459A, and the rules
23 12 deemed necessary for the effective administration of the
23 13 department. When the commission proposes or adopts rules to
23 14 implement a specific federal environmental program and the
23 15 rules impose requirements more restrictive than the federal
23 16 program being implemented requires, the commission shall
23 17 identify in its notice of intended action or adopted rule
23 18 preamble each rule that is more restrictive than the federal
23 19 program requires and shall state the reasons for proposing or
23 20 adopting the more restrictive requirement. In addition, the
23 21 commission shall include with its reasoning a financial impact
23 22 statement detailing the general impact upon the affected
23 23 parties. It is the intent of the general assembly that the
23 24 commission exercise strict oversight of the operations of the
23 25 department. The rules shall include departmental policy
23 26 relating to the disclosure of information on a violation or
23 27 alleged violation of the rules, standards, permits or orders
23 28 issued by the department and keeping of confidential
23 29 information obtained by the department in the administration
23 30 and enforcement of this chapter, and chapter 459, and chapter
23 31 459A. Rules adopted by the executive committee before January
23 32 1, 1981, shall remain effective until modified or rescinded by
23 33 action of the commission.
23 34 6. Approve all contracts and agreements under this
23 35 chapter, and chapter 459, and chapter 459A between the
24 1 department and other public or private persons or agencies.
24 2 8. Hold public hearings, except when the evidence to be
24 3 received is confidential pursuant to this chapter, chapter 22,
24 4 or chapter 459, or chapter 459A, necessary to carry out its
24 5 powers and duties. The commission may issue subpoenas
24 6 requiring the attendance of witnesses and the production of
24 7 evidence pertinent to the hearings. A subpoena shall be
24 8 issued and enforced in the same manner as provided in civil
24 9 actions.
24 10 Sec. 24. Section 455B.105, subsection 11, paragraph a,
24 11 unnumbered paragraph 1, Code 2005, is amended to read as
24 12 follows:
24 13 Adopt, by rule, procedures and forms necessary to implement
24 14 the provisions of this chapter, and chapter 459, and chapter
24 15 459A relating to permits, conditional permits, and general
24 16 permits. The commission may also adopt, by rule, a schedule
24 17 of fees for permit and conditional permit applications and a
24 18 schedule of fees which may be periodically assessed for
24 19 administration of permits and conditional permits. In
24 20 determining the fee schedules, the commission shall consider:
24 21 Sec. 25. Section 455B.109, subsection 4, Code 2005, is
24 22 amended to read as follows:
24 23 4. a. All Except as provided in paragraph "b", civil
24 24 penalties assessed by the department and interest on the
24 25 penalties shall be deposited in the general fund of the state.
24 26 However, civil
24 27 b. The following provisions shall apply to animal feeding
24 28 operations:
24 29 (1) Civil penalties assessed by the department and
24 30 interest on the civil penalties, arising out of violations
24 31 involving animal feeding operations under chapter 459,
24 32 subchapter II, shall be deposited in the animal agriculture
24 33 compliance fund as created in section 459.401.
24 34 (2) Civil penalties assessed by the department and
24 35 interest on the penalties arising out of violations committed
25 1 by animal feeding operations under chapter 459, subchapter
25 2 III, which may be assessed pursuant to section 455B.191 or
25 3 459.604, shall also be deposited in the animal agriculture
25 4 compliance fund.
25 5 (3) Civil penalties assessed by the department and
25 6 interest on the civil penalties, arising out of violations
25 7 involving open feedlot operations under chapter 459A, shall be
25 8 deposited in the animal agriculture compliance fund as created
25 9 in section 459.401.
25 10 Sec. 26. Section 455B.111, subsection 1, paragraphs a and
25 11 b, Code 2005, are amended to read as follows:
25 12 a. A person, including the state of Iowa, for violating
25 13 any provision of this chapter; or chapter 459, subchapters I,
25 14 II, III, IV, and VI,; chapter 459A; or a rule adopted pursuant
25 15 to this chapter; or chapter 459, subchapters I, II, III, IV,
25 16 and VI; or chapter 459A.
25 17 b. The director, the commission, or any official or
25 18 employee of the department where there is an alleged failure
25 19 to perform any act or duty under this chapter; or chapter 459,
25 20 subchapters I, II, III, IV, and VI,; chapter 459A; or a rule
25 21 adopted pursuant to this chapter; or chapter 459, subchapters
25 22 I, II, III, IV, and VI; or chapter 459A, which is not a
25 23 discretionary act or duty.
25 24 Sec. 27. Section 455B.111, subsection 5, Code 2005, is
25 25 amended to read as follows:
25 26 5. This section does not restrict any right under
25 27 statutory or common law of a person or class of person to seek
25 28 enforcement of provisions of this chapter, or chapter 459,
25 29 subchapters I, II, III, IV, and VI,; chapter 459A; or a rule
25 30 adopted pursuant to this chapter; or chapter 459, subchapters
25 31 I, II, III, IV, and VI,; or chapter 459A, or seek other relief
25 32 permitted under the law.
25 33 Sec. 28. Section 455B.112, Code 2005, is amended to read
25 34 as follows:
25 35 455B.112 ACTIONS BY ATTORNEY GENERAL.
26 1 In addition to the duty to commence legal proceedings at
26 2 the request of the director or commission under this chapter;
26 3 or chapter 459, subchapters I, II, III, IV, and VI,; or
26 4 chapter 459A the attorney general may institute civil or
26 5 criminal proceedings, including an action for injunction, to
26 6 enforce the provisions of this chapter; or chapter 459,
26 7 subchapters I, II, III, IV, and VI,; or chapter 459A including
26 8 orders or permits issued or rules adopted under this chapter;
26 9 or chapter 459, subchapters I, II, III, IV, and VI; or chapter
26 10 459A.
26 11 Sec. 29. Section 455B.113, subsection 1, Code 2005, is
26 12 amended to read as follows:
26 13 1. The director shall certify laboratories which perform
26 14 laboratory analyses of samples required to be submitted by the
26 15 department by this chapter; or chapter 459, subchapters I, II,
26 16 III, IV, and VI,; or chapter 459A, or by rules adopted in
26 17 accordance with this chapter; or chapter 459, subchapters I,
26 18 II, III, IV, and VI,; or chapter 459A; or by permits or orders
26 19 issued under this chapter; or chapter 459, subchapters I, II,
26 20 III, IV, and VI; or chapter 459A.
26 21 Sec. 30. Section 455B.115, Code 2005, is amended to read
26 22 as follows:
26 23 455B.115 ANALYSIS BY CERTIFIED LABORATORY REQUIRED.
26 24 Laboratory analysis of samples as required by this chapter;
26 25 or chapter 459, subchapters I, II, III, IV, and VI,; or
26 26 chapter 459A; or by rules adopted, or by permits or orders
26 27 issued pursuant to this chapter; or chapter 459, subchapters
26 28 I, II, III, IV, and VI,; or chapter 459A shall be conducted by
26 29 a laboratory certified by the director as having the necessary
26 30 competence, equipment, and capabilities to perform the
26 31 analysis. Analytical results from laboratories not
26 32 certificated shall not be accepted by the director.
26 33 Sec. 31. Section 455B.179, Code 2005, is amended to read
26 34 as follows:
26 35 455B.179 TRADE SECRETS PROTECTED.
27 1 Upon a satisfactory showing by any person to the director
27 2 that public disclosure of any record, report, permit, permit
27 3 application, or other document or information or part thereof
27 4 would divulge methods or processes entitled to protection as a
27 5 trade secret, any such record, report, permit, permit
27 6 application, or other document or part thereof other than
27 7 effluent data and analytical results of monitoring of public
27 8 water supply systems, shall be accorded confidential
27 9 treatment. Notwithstanding the provisions of chapter 22, a
27 10 person in connection with duties or employment by the
27 11 department shall not make public any information accorded
27 12 confidential status; however, any such record or other
27 13 information accorded confidential status may be disclosed or
27 14 transmitted to other officers, employees, or authorized
27 15 representatives of this state or the United States concerned
27 16 with carrying out this part of this division; or chapter 459,
27 17 subchapter III, or chapter 459A; or when relevant in any
27 18 proceeding under this part of this division; or chapter 459,
27 19 subchapter III; or chapter 459A.
27 20 Sec. 32. Section 455B.182, Code 2005, is amended to read
27 21 as follows:
27 22 455B.182 FAILURE CONSTITUTES CONTEMPT.
27 23 Failure to obey any order issued by the department with
27 24 reference to a violation of this part of this division; or
27 25 chapter 459, subchapter III,; or chapter 459A; or any rule
27 26 promulgated or permit issued pursuant thereto shall constitute
27 27 prima facie evidence of contempt. In such event the department
27 28 may certify to the district court of the county in which such
27 29 alleged disobedience occurred the fact of such failure. The
27 30 district court after notice, as prescribed by the court, to
27 31 the parties in interest shall then proceed to hear the matter
27 32 and if it finds that the order was lawful and reasonable it
27 33 shall order the party to comply with the order. If the person
27 34 fails to comply with the court order, that person shall be
27 35 guilty of contempt and shall be fined not to exceed five
28 1 hundred dollars for each day that the person fails to comply
28 2 with the court order. The penalties provided in this section
28 3 shall be considered as additional to any penalty which may be
28 4 imposed under the law relative to nuisances or any other
28 5 statute relating to the pollution of any waters of the state
28 6 or related to public water supply systems and a conviction
28 7 under this section shall not be a bar to prosecution under any
28 8 other penal statute.
28 9 Sec. 33. Section 455B.185, Code 2005, is amended to read
28 10 as follows:
28 11 455B.185 DATA FROM DEPARTMENTS.
28 12 The commission and the director may request and receive
28 13 from any department, division, board, bureau, commission,
28 14 public body, or agency of the state, or of any political
28 15 subdivision thereof, or from any organization, incorporated or
28 16 unincorporated, which has for its object the control or use of
28 17 any of the water resources of the state, such assistance and
28 18 data as will enable the commission or the director to properly
28 19 carry out their activities and effectuate the purposes of this
28 20 part 1 of division III; and chapter 459, subchapter III; or
28 21 chapter 459A. The department shall reimburse such agencies
28 22 for special expense resulting from expenditures not normally a
28 23 part of the operating expenses of any such agency.
28 24 Sec. 34. Section 459.102, subsection 2, paragraph a, Code
28 25 2005, is amended to read as follows:
28 26 a. A settled open feedlot effluent basin that collects and
28 27 stores only precipitation=induced runoff from an open feedlot
28 28 as defined in section 459A.102.
28 29 Sec. 35. Section 459.102, subsections 37, 45, and 46, Code
28 30 2005, are amended by striking the subsections.
28 31 Sec. 36. Section 459.401, subsection 2, paragraph a,
28 32 subparagraph (5), Code 2005, is amended to read as follows:
28 33 (5) The collection of civil penalties assessed by the
28 34 department and interest on civil penalties, arising out of
28 35 violations involving animal feeding operations as provided in
29 1 sections 459.602, and 459.603, and 459A.502.
29 2 Sec. 37. Section 459.309, Code 2005, is repealed.
29 3 EXPLANATION
29 4 This bill relates to animal feeding operations. The bill
29 5 creates a new Code chapter 459A which regulates open feedlot
29 6 operations. The new Code chapter supplements provisions in
29 7 Code chapter 459, the "Animal Agriculture Compliance Act",
29 8 which regulates all animal feeding operations but in
29 9 particular confinement feeding operations.
29 10 DIVISION I == OPEN FEEDLOT OPERATIONS. This division
29 11 creates new Code chapter 459A which is designated the "Animal
29 12 Agriculture Compliance Act for Open Feedlot Operations".
29 13 The division provides a number of definitions, many of
29 14 which mirror or closely resemble definitions, in Code chapter
29 15 459. An "open feedlot operation" (operation) is a type of
29 16 animal feeding operation. (See definition in Code section
29 17 459.102.) Specifically, it is an unroofed or partially roofed
29 18 area where there is no crop, vegetation, or forage growth, if
29 19 animals are maintained there for 45 days or more in any 12=
29 20 month period.
29 21 The bill regulates manure and precipitation=induced runoff
29 22 originating from the operation which is referred to as open
29 23 feedlot effluent (effluent) and which includes liquids and
29 24 solids. Compare this with the bill's regulation of settled
29 25 open feedlot effluent (settled effluent) which refers to
29 26 effluent after its settleable solids have been removed.
29 27 The bill regulates three types of structures associated
29 28 with the removal and collection of effluent: (1) a settled
29 29 open feedlot effluent basin (basin) used to impound the liquid
29 30 effluent after its settleable solids have been removed, (2) an
29 31 alternative technology system (alternative system) which
29 32 provides for another method to impound and specifically to
29 33 move the liquid effluent directly to land, and (3) a solids
29 34 settling facility (facility) which is a structure or other
29 35 method which removes solids from the effluent and stores the
30 1 solids.
30 2 Often operations are required to be issued a construction
30 3 permit and an operating permit by the department of natural
30 4 resources. (See 567 IAC 65.) An operation may be issued a
30 5 national pollutant discharge elimination system (NPDES) permit
30 6 by the department under a program overseen by the United
30 7 States environmental protection agency. This division
30 8 principally provides for the construction of settled open
30 9 feedlot effluent basins and alternative technology systems.
30 10 The division provides for special terms, including
30 11 provisions to determine when a construction permit is
30 12 required. The division specifies when two or more operations
30 13 are under common ownership or common management and are
30 14 therefore regulated as a single entity. This is important
30 15 when determining whether a person must obtain a construction
30 16 permit. A construction permit is required if the operation
30 17 will have a capacity of 1,000 animal units or more. The
30 18 division also provides a method to calculate animal unit
30 19 capacity. (See also Code section 459.301.)
30 20 The division provides general authority to the
30 21 environmental protection commission and the department to
30 22 regulate open feedlot operations. It provides that the
30 23 purpose of the new Code chapter is to supplement applicable
30 24 provisions of Code chapter 459. It provides that if there is
30 25 a conflict between its provisions and Code chapter 459, the
30 26 new provisions prevail. (See also Code section 459.103.)
30 27 The division provides an exception to regulation for
30 28 research activities and experiments performed under the
30 29 authority and regulations of a research college. (See also
30 30 Code section 459.318.)
30 31 The division requires the department to adopt and
30 32 promulgate forms and to provide for procedures for the
30 33 receipt, filing, processing, and return of documents in an
30 34 electronic format. It also requires the department to approve
30 35 or disapprove an application for a construction permit within
31 1 60 days after receiving the permit application. There are
31 2 provisions which allow an applicant or the department to
31 3 provide for a limited continuance. (See also Code section
31 4 459.304.)
31 5 The division requires the department to approve or
31 6 disapprove construction permits for basins and alternative
31 7 systems prior to construction. It also requires that a new
31 8 permit is required if the open feedlot capacity is expanded to
31 9 exceed the animal unit capacity or the storage capacity under
31 10 the old permit. (See also Code section 459.303.)
31 11 The division requires an owner of an open feedlot operation
31 12 required to have a national pollution discharge elimination
31 13 permit to develop a nutrient management plan (plan) by
31 14 December 31, 2006. It prohibits a person from removing open
31 15 feedlot effluent from an open feedlot operation unless the
31 16 department approves the plan. The division provides that if
31 17 an open feedlot operation uses an alternative technology
31 18 system, its nutrient management plan is not required to
31 19 provide for settled effluent that enters the alternative
31 20 technology system. The plan must also address restrictions on
31 21 the application of open feedlot effluent including nitrogen
31 22 use, a phosphorus index, and application. The operation's
31 23 owner is required to maintain the nutrient management plan and
31 24 records necessary to demonstrate compliance. (See also Code
31 25 section 459.312.)
31 26 The division provides design standards for basins. The
31 27 division eliminates Code section 459.309 which requires
31 28 departmental rules to account for special design
31 29 characteristics of open feedlot operations and rewrites the
31 30 provision as part of the new Code chapter.
31 31 The division provides for design standards for a basin
31 32 which is required to be issued a construction permit. It
31 33 requires that the applicant submit a soils and hydrogeologic
31 34 report including soil corings. It requires that the basin be
31 35 constructed with a minimum separation between the top of the
32 1 liner of the basin and the seasonal high=water table. It also
32 2 provides that drainage tile may be installed to artificially
32 3 lower the seasonal high=water table. In that case, monitoring
32 4 equipment must be installed. The division requires that the
32 5 basin be constructed with a minimum separation distance
32 6 between the bottom of the basin and a bedrock formation. It
32 7 allows the basin to be constructed within a floodplain. The
32 8 owner must submit to the department a certification by a
32 9 licensed professional engineer certifying that the basin was
32 10 constructed in accordance with design plans. (See also Code
32 11 section 459.308.)
32 12 The division provides for the management of effluent by
32 13 using a conventional open feedlot effluent control method or
32 14 an alternative method. Under a conventional method,
32 15 settleable solids from open feedlot effluent must be removed
32 16 prior to discharge into a waters of a United States by using a
32 17 solids settling facility, and includes standards for rate of
32 18 flow and minimum application area. It also provides that an
32 19 open feedlot operation that operates pursuant to a national
32 20 pollutant discharge elimination system permit cannot discharge
32 21 effluent into a waters of the United States. There is one
32 22 exception in which the discharge is due to an extraordinary
32 23 precipitation event.
32 24 The division also requires the department to adopt rules
32 25 which allow for alternative technology systems as long as they
32 26 provide an equivalent level of open feedlot effluent control
32 27 that would be achieved by using a conventional open feedlot
32 28 control method. The department must also adopt rules which
32 29 allow for the use of other open feedlot effluent control
32 30 practices which provides an equivalent level of control.
32 31 The division provides that settled open feedlot effluent
32 32 must be applied in a manner which does not cause surface water
32 33 or groundwater pollution. (See also Code section 459.311.)
32 34 The division provides that the owner of an open feedlot
32 35 operation who discontinues the use of the operation must
33 1 remove all open feedlot effluent from related open feedlot
33 2 operation structures used to store open feedlot effluent
33 3 within six months. (See also Code section 459.311.)
33 4 The division provides for enforcement. The department and
33 5 the attorney general are responsible for enforcement. (See
33 6 also Code section 459.103.)
33 7 The division provides that a person who violates its
33 8 provisions is subject to a civil penalty of up to $5,000 for
33 9 each offense. (See also Code section 459.603.) The moneys
33 10 collected in civil penalties are to be deposited in the
33 11 general account of the animal agriculture compliance fund
33 12 created in Code section 459.401 which is under the control of
33 13 the department for the administration and enforcement of
33 14 regulations involving animal feeding operations.
33 15 DIVISION II == CONFORMING AMENDMENTS. This division amends
33 16 provisions in a number of Code sections which refer to Code
33 17 chapter 459. The provisions were added after provisions in
33 18 Code chapter 455B and other Code chapters relating to animal
33 19 feeding operations were transferred and consolidated pursuant
33 20 to 2002 Acts, ch 1137, and 2002 Acts, 2nd Ex, ch 1003. Other
33 21 provisions make changes which refer to the deposit of civil
33 22 penalties into the animal agriculture compliance fund.
33 23 LSB 2404SV 81
33 24 da:nh/pj/5.1