House File 2241 - Introduced



                                       HOUSE FILE       
                                       BY  WHITAKER


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

                                      A BILL FOR

  1 An Act concerning separation distance requirements that apply to
  2    two or more confinement feeding operations under common
  3    ownership or management, and making penalties applicable.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 6171HH 82
  6 da/nh/5

PAG LIN



  1  1    Section 1.  Section 459.205, subsection 1, Code 2007, is
  1  2 amended to read as follows:
  1  3    1.  A confinement feeding operation structure, if the
  1  4 structure is part of a confinement feeding operation which
  1  5 qualifies as a small animal feeding operation.  However, this
  1  6 subsection shall not apply if any of the following apply:
  1  7    a.  The confinement feeding operation structure is an
  1  8 unformed manure storage structure.
  1  9    b.  The confinement feeding operation no longer has an
  1 10 animal unit capacity of five hundred or fewer animal units due
  1 11 to the common ownership or management of an adjacent
  1 12 confinement feeding operation as provided in section 459.201.
  1 13                           EXPLANATION
  1 14    Code section 459.202 provides for various separation
  1 15 distance requirements established between a confinement
  1 16 feeding operation structure (e.g., a confinement building or
  1 17 manure storage structure) and a home, school, business,
  1 18 church, or public use area (portions of parks and cemeteries)
  1 19 located outside and within city limits.  Generally, as the
  1 20 size of the confinement feeding operation increases, the
  1 21 separation distance also increases.  Code section 459.205
  1 22 exempts small animal feeding operations (having an animal unit
  1 23 capacity of 500 or less) from the separation distance
  1 24 requirements.  However, Code section 459.201 provides that two
  1 25 or more confinement feeding operations under common ownership
  1 26 or management are deemed to be a single animal feeding
  1 27 operation if they are adjacent or utilize a common system for
  1 28 manure storage.
  1 29    The bill provides that the exemption in Code section
  1 30 459.205 does not apply if the confinement feeding operation no
  1 31 longer has an animal unit capacity of 500 or fewer animal
  1 32 units due to the common ownership or management of an adjacent
  1 33 confinement feeding operation as provided in Code section
  1 34 459.201.
  1 35    According to Code section 459.602, a person who violates a
  2  1 provision in the bill is subject to a civil penalty provided
  2  2 in Code section 455B.109, established according to a schedule
  2  3 established by the environmental protection commission not to
  2  4 exceed $10,000.
  2  5 LSB 6171HH 82
  2  6 da/nh/5