Senate File 321 - Introduced SENATE FILE 321 BY COMMITTEE ON AGRICULTURE (SUCCESSOR TO SF 269) (COMPANION TO LSB 1037HV BY COMMITTEE ON ENVIRONMENTAL PROTECTION) A BILL FOR An Act relating to wastewater discharges by on-farm processing 1 operations. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1037SV (2) 84 da/nh

S.F. 321 Section 1. Section 455B.171, Code 2011, is amended by adding 1 the following new subsections: 2 NEW SUBSECTION . 7A. “Food commodity” means any commodity 3 that is derived from a live agricultural animal or harvested 4 crop, both as defined in section 717A.1, which is intended for 5 human consumption in its raw or processed state, and which 6 in its raw state includes but is not limited to milk, eggs, 7 vegetables, fruits, nuts, syrup, and honey. 8 NEW SUBSECTION . 14A. “On-farm processing operation” means 9 any place located on a farm where the form or condition of a 10 food commodity originating from that farm or another farm is 11 changed or packaged for human consumption, including but not 12 limited to a dairy, creamery, winery, distillery, or cannery. 13 The change to the food commodity may include cleaning, cooling, 14 pasteurizing, purifying, or preserving the food commodity. 15 Sec. 2. NEW SECTION . 455B.172A On-farm processing 16 operations. 17 1. The department shall adopt by rule standards for the 18 disposal of wastewater from an on-farm processing operation. 19 These standards shall provide for but are not limited to 20 disposal by all of the following: 21 a. By land application if all of the following apply: 22 (1) The volume of wastewater produced by the on-farm 23 processing operation is less than one thousand five hundred 24 gallons per day. 25 (2) The wastewater is land-applied by a person licensed by 26 the department under section 455B.172. 27 (3) The application rate does not exceed thirty thousand 28 gallons per acre per year. 29 (4) The application rate does not exceed one thousand five 30 hundred gallons per acre per day. 31 (5) The standards for land application are consistent 32 with the rules for land application of septage that implement 33 section 455B.172. 34 b. At a publicly owned treatment works or other wastewater 35 -1- LSB 1037SV (2) 84 da/nh 1/ 3

S.F. 321 treatment system with the permission of the owner of the 1 treatment works. 2 c. Through a subsurface absorption system in conformance 3 with applicable regulations of the United States environmental 4 protection agency. 5 d. Through a disposal system that meets all of the 6 following: 7 (1) The disposal system is located on the same site as the 8 on-farm processing operation. 9 (2) The disposal system is constructed in conformance with a 10 permit issued by the department. 11 (3) For a disposal system that discharges wastewater to 12 a water of the United States, the system must be operated in 13 conformance with a national pollutant discharge elimination 14 system permit issued by the department under section 455B.197. 15 2. The department shall adopt by rule standards for the 16 disposal of septage from an on-farm processing operation. 17 The rules shall provide that the septage may be discharged 18 to a permitted septage lagoon or septage drying bed with the 19 permission of the owner of the septage system. 20 Sec. 3. Section 455B.197, Code 2011, is amended by adding 21 the following new subsection: 22 NEW SUBSECTION . 5. The owner of an on-farm processing 23 operation that produces less than one thousand five hundred 24 gallons per day of wastewater shall not be assessed a fee by 25 the department under this section. 26 EXPLANATION 27 This bill provides for on-farm processing operations 28 which manufacture products from commodities originating from 29 that farm or another farm such as a dairy, creamery, winery, 30 distillery, or cannery. The bill requires the department of 31 natural resources to adopt standards by rule for the disposal 32 of wastewater or septage from that operation. The standards 33 for disposal of wastewater must provide for disposal by land 34 application, at a wastewater treatment system, through a 35 -2- LSB 1037SV (2) 84 da/nh 2/ 3

S.F. 321 subsurface absorption system, or through a disposal system that 1 discharges into a public water. The department must also adopt 2 by rule standards for the disposal of septage to a septage 3 lagoon or septage drying bed. 4 The bill provides that the owner of an operation that 5 produces less than 1,500 gallons per day of wastewater is 6 not required to be assessed a fee for a national pollutant 7 discharge elimination system permit. 8 -3- LSB 1037SV (2) 84 da/nh 3/ 3