Senate File 307 - Introduced
SENATE FILE
BY KIBBIE
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act regulating animal feeding operations, and making penalties
2 applicable.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 2339XS 83
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PAG LIN
1 1 Section 1. Section 459.102, Code 2009, is amended by
1 2 adding the following new subsections:
1 3 NEW SUBSECTION. 28A. "Frozen ground" means soil that is
1 4 impenetrable due to frozen soil moisture but does not include
1 5 soil that is only frozen to a depth of two inches or less.
1 6 NEW SUBSECTION. 44A. "Snow covered ground" means soil
1 7 covered by one inch or more of snow or soil covered by one
1 8 half inch or more of ice.
1 9 Sec. 2. NEW SECTION. 459.313A WHEN A PERSON MAY APPLY
1 10 MANURE ON LAND == FROZEN GROUND AND SNOW COVERED GROUND.
1 11 1. A person may apply liquid manure originating from a
1 12 confinement feeding operation on frozen ground or snow covered
1 13 ground except as provided in this section or except as
1 14 otherwise provided in this chapter. During the period
1 15 beginning on February 1 and ending on April 1, a person may
1 16 apply the liquid manure on frozen ground or snow covered
1 17 ground only if the need for the application becomes urgent.
1 18 The need for the application becomes urgent when there is an
1 19 immediate need to comply with section 459.311, subsection 1.
1 20 The immediate need must be caused by unforeseen circumstances
1 21 beyond the control of the owner or operator of the confinement
1 22 feeding operation, including but not limited to natural
1 23 disaster, unusual weather conditions, or equipment failure.
1 24 An owner or operator applying liquid manure pursuant to this
1 25 paragraph shall notify the department before beginning the
1 26 land application.
1 27 2. The authorization to apply liquid manure in subsection
1 28 1 does not apply to any of the following:
1 29 a. If the immediate need to comply with section 459.311,
1 30 subsection 1, is caused by the improper design or management
1 31 of a manure storage structure, including but not limited to a
1 32 failure to properly account for the volume of the manure to be
1 33 stored.
1 34 b. If the application of liquid manure consists of manure
1 35 originating from a small animal feeding operation.
2 1 c. If the liquid manure that is applied is injected into
2 2 the soil or incorporated within the soil on the same date.
2 3 Sec. 3. DEPARTMENTAL REPORT. The department of natural
2 4 resources shall prepare and submit a report to the general
2 5 assembly on or before July 1, 2010. The report shall provide
2 6 recommendations regarding all of the following:
2 7 1. The need for improved manure storage structures
2 8 associated with small animal feeding operations to improve
2 9 water quality.
2 10 2. The application of dry manure on frozen ground or snow
2 11 covered ground.
2 12 EXPLANATION
2 13 APPLICATION OF MANURE ON FROZEN AND SNOW COVERED GROUND.
2 14 This bill amends the "Animal Agriculture Compliance Act" (Code
2 15 section 459.101), by providing for conditions when a person
2 16 may apply liquid manure during winter months beginning on
2 17 February 1 and ending on April 1 on frozen ground or snow
2 18 covered ground. The application must be "urgent", meaning
2 19 that there is an immediate need to comply with Code section
2 20 459.311(1) that prohibits manure from being discharged
2 21 directly into water of the state or into a tile line that
2 22 discharges directly into a water of the state. In addition,
2 23 the need must be unforeseen by and beyond the control of the
2 24 owner or operator of the confinement feeding operation.
2 25 However, the restrictions do not apply to manure originating
2 26 from a small animal feeding operation or liquid manure that is
2 27 injected into the soil or incorporated within the soil on the
2 28 same date as applied to the land.
2 29 REPORT REQUIRED. The bill also requires the department of
2 30 natural resources to prepare and submit a report to the
2 31 general assembly on or before July 1, 2010. The report must
2 32 provide recommendations regarding (1) the need for improved
2 33 manure storage structures associated with small animal feeding
2 34 operations to improve water quality, and (2) the application
2 35 of dry manure on frozen ground or snow covered ground.
3 1 PENALTIES APPLICABLE. Generally, a person who applies
3 2 manure in violation of the new provision is subject to a civil
3 3 penalty that may be administratively assessed by the
3 4 department of not more than $10,000 (Code section 455B.109) or
3 5 judicially assessed of not more than $5,000 per each day of
3 6 the violation (455B.191(1)). Penalties are deposited into the
3 7 animal agriculture compliance fund (Code section 459.401).
3 8 LSB 2339XS 83
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