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