House File 2363 - Introduced
HOUSE FILE
BY REICHERT and MERTZ
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act providing for the stockpiling of dry manure from a
2 confinement feeding operation and making penalties applicable.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 6099YH 82
5 da/nh/8
PAG LIN
1 1 Section 1. Section 459.102, Code 2007, is amended by
1 2 adding the following new subsections:
1 3 NEW SUBSECTION. 20A. "Designated area" means a known
1 4 sinkhole, a cistern, an abandoned well, an unplugged
1 5 agricultural drainage well, an agricultural drainage well
1 6 surface inlet, a drinking water well, a designated wetland, or
1 7 a water source. However, "designated area" does not include a
1 8 terrace tile inlet or a surface tile inlet other than an
1 9 agricultural drainage well surface tile inlet.
1 10 NEW SUBSECTION. 23A. "Dry manure" means manure which
1 11 meets all of the following conditions:
1 12 a. The manure does not flow perceptibly under pressure.
1 13 b. The manure is not capable of being transported through
1 14 a mechanical pumping device designed to move a liquid.
1 15 c. The constituent molecules of the manure do not flow
1 16 freely among themselves but may show a tendency to separate
1 17 under stress.
1 18 NEW SUBSECTION. 45A. "Stockpile" means to store dry
1 19 manure from a confinement feeding operation outside of a
1 20 confinement feeding operation structure.
1 21 Sec. 2. Section 459.206, subsection 2, paragraph b, Code
1 22 2007, is amended to read as follows:
1 23 b. A qualified confinement feeding operation that stores
1 24 dry manure on a dry matter basis.
1 25 Sec. 3. Section 459.307, subsection 1, paragraph b, Code
1 26 2007, is amended to read as follows:
1 27 b. Whether the manure storage structure stores only dry
1 28 manure in an exclusively dry form.
1 29 Sec. 4. NEW SECTION. 459.311A DRY MANURE STOCKPILING.
1 30 A person may stockpile dry manure, subject to all of the
1 31 following restrictions:
1 32 1. a. The person shall not stockpile dry manure within
1 33 the following distances unless the dry manure is maintained in
1 34 a manner that will not allow precipitation=induced runoff to
1 35 drain from the dry manure to the designated area:
2 1 (1) Four hundred feet from a designated area other than a
2 2 high=quality water resource.
2 3 (2) Eight hundred feet from a high=quality water resource.
2 4 b. The person shall not stockpile dry manure within two
2 5 hundred feet from a terrace tile inlet or surface tile inlet
2 6 unless the dry manure is maintained in a manner that will not
2 7 allow precipitation=induced runoff to drain from the dry
2 8 manure to the terrace tile inlet or surface tile inlet. A
2 9 terrace tile inlet or surface tile inlet does not include a
2 10 tile inlet that is not directly connected to a tile line that
2 11 discharges directly into a water of the state.
2 12 c. The person shall not stockpile dry manure in a grassed
2 13 waterway.
2 14 d. The person shall not stockpile dry manure on land
2 15 having a slope of more than three percent unless methods,
2 16 structures, or practices are implemented to contain the
2 17 stockpiled dry manure, including but not limited to using silt
2 18 fences, temporary earthen berms, or other effective measures,
2 19 and to prevent or diminish precipitation=induced runoff from
2 20 the stockpiled dry manure.
2 21 2. The person must remove the stockpiled manure and apply
2 22 it in accordance with the provisions of this chapter,
2 23 including but not limited to section 459.311, within six
2 24 months after the manure is stockpiled.
2 25 Sec. 5. Section 459.314, unnumbered paragraph 1, Code
2 26 2007, is amended by striking the paragraph.
2 27 EXPLANATION
2 28 BACKGROUND. This bill amends Code chapter 459, the "Animal
2 29 Agriculture Compliance Act", regulated by the department of
2 30 natural resources. The bill provides for storing dry manure
2 31 from a confinement feeding operation outside a confinement
2 32 feeding operation structure (i.e., a confinement building or
2 33 manure storage structure), a practice referred to as
2 34 "stockpiling". Code chapter 459 does not specifically address
2 35 stockpiling. For stockpiling manure solids from an open
3 1 feedlot, see Code section 459A.403.
3 2 BILL'S PROVISIONS. The bill defines dry manure as manure
3 3 which does not flow perceptibly under pressure, is not capable
3 4 of being transported through a mechanical pumping device
3 5 designed to move a liquid, and its constituent molecules do
3 6 not flow freely among themselves but may show a tendency to
3 7 separate under stress. The bill specifically allows for
3 8 stockpiling dry manure, subject to certain limitations.
3 9 A person is prohibited from stockpiling dry manure within
3 10 certain distances from certain areas involving surface water
3 11 or groundwater, including the following:
3 12 1. A designated area. The definition of designated area
3 13 is taken from current law (Code section 459.314) and includes
3 14 a known sinkhole, a cistern, an abandoned well, an unplugged
3 15 agricultural drainage well, an agricultural drainage well
3 16 surface inlet, a drinking water well, a designated wetland, or
3 17 a water source. It does not include a terrace tile inlet.
3 18 The bill provides that a designated area also does not include
3 19 a surface tile inlet, other than an agricultural drainage well
3 20 surface tile inlet, which is consistent with Code chapter 459A
3 21 governing open feedlot operations.
3 22 2. A high=quality water resource as provided by rules
3 23 adopted by the department.
3 24 3. A terrace tile inlet or surface tile inlet unless the
3 25 dry manure is maintained in a manner that will not allow
3 26 precipitation=induced runoff to drain from the dry manure to
3 27 the terrace tile inlet or surface tile inlet.
3 28 In addition, a person cannot stockpile dry manure in a
3 29 grassed waterway or on a slope of more than 3 percent unless
3 30 means are provided to contain the stockpiled dry manure.
3 31 A person must remove the stockpiled manure and apply it in
3 32 accordance with the provisions of Code chapter 459, including
3 33 but not limited to Code section 459.311, within six months
3 34 after the manure is stockpiled.
3 35 PENALTIES APPLICABLE. A person who violates a provision of
4 1 the bill is subject to a civil penalty assessed by the
4 2 department under Code section 455B.109 or by the attorney
4 3 general pursuant to Code section 455B.191 ($5,000 per
4 4 violation with each day an offense continues considered a
4 5 separate offense). The civil penalties are deposited in the
4 6 animal agriculture compliance fund created in Code section
4 7 459.401.
4 8 LSB 6099YH 82
4 9 da/nh/8