House File 425 - Introduced HOUSE FILE 425 BY SEXTON A BILL FOR An Act relating to the control of effluent from animal truck 1 wash facilities, by requiring certain permits, regulating 2 storage and application of effluent, and making penalties 3 applicable. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 2294YH (8) 86 da/rj

H.F. 425 Section 1. Section 459A.101, Code 2015, is amended to read 1 as follows: 2 459A.101 Title. 3 This chapter shall be known and may be cited as the 4 “Animal Agriculture Compliance Act for Open Feedlot Operations” 5 Operations and Animal Truck Wash Facilities” . 6 Sec. 2. Section 459A.102, Code 2015, is amended by adding 7 the following new subsections: 8 NEW SUBSECTION . 3A. “Animal truck wash effluent” means 9 a combination of manure, washwater-induced runoff, or other 10 runoff derived from an animal truck wash facility before its 11 solids have been removed. 12 NEW SUBSECTION . 3B. “Animal truck wash effluent basin” 13 means an impoundment which is part of an animal truck wash 14 facility, if the primary function of the impoundment is to 15 collect and store animal truck wash effluent. “Animal truck 16 wash effluent basin” does not include a storage structure as 17 defined in section 459.102. 18 NEW SUBSECTION . 3C. “Animal truck wash facility” means an 19 operation engaged exclusively in washing single-unit trucks, 20 truck-tractors, semitrailers, or trailers used to transport 21 animals, if the operation stores animal truck wash effluent 22 derived from the operation. 23 NEW SUBSECTION . 6A. “Basin” means any of the following: 24 a. A settled open feedlot effluent basin. 25 b. An animal truck wash effluent basin. 26 NEW SUBSECTION . 7A. “Concentrated animal feeding operation” 27 means the same as defined in 40 C.F.R. §122.23. 28 NEW SUBSECTION . 11A. “Effluent” means open feedlot effluent 29 or animal truck wash effluent. 30 NEW SUBSECTION . 11B. “Federal Water Pollution Control Act” , 31 means the federal Water Pollution Control Act of 1972, 33 32 U.S.C. ch. 26, as amended, and 40 C.F.R., pts. 122 and 412. 33 NEW SUBSECTION . 11C. “Formed animal truck wash effluent 34 basin” means a covered or uncovered impoundment used to store 35 -1- LSB 2294YH (8) 86 da/rj 1/ 22

H.F. 425 effluent from an animal truck wash facility, which has walls 1 and a floor constructed of concrete, concrete block, wood, 2 steel, or similar materials. 3 NEW SUBSECTION . 13A. “NPDES permit” means a permit issued 4 by the department under the national pollutant discharge 5 elimination system pursuant to the federal Water Pollution 6 Control Act of 1972, 33 U.S.C. ch. 26, as amended, and 40 7 C.F.R. pts. 122 and 412. 8 NEW SUBSECTION . 19A. “Owner” means a person who holds legal 9 or equitable title to any of the following: 10 a. The property where an open feedlot operation or animal 11 truck wash facility is located. 12 b. An open feedlot operation structure which is part of an 13 open feedlot operation or an animal truck wash effluent basin 14 which is part of an animal truck wash facility. 15 NEW SUBSECTION . 19B. “Professional engineer” means the same 16 as defined in section 459.102. 17 NEW SUBSECTION . 23A. a. “Solids” means that portion of 18 effluent that meets all of the following requirements: 19 (1) Does not flow perceptibly under pressure. 20 (2) Is not capable of being transported through a mechanical 21 pumping device designed to move a liquid. 22 (3) The constituent molecules do not flow freely among 23 themselves but do show the tendency to separate under stress. 24 b. “Solids” includes settleable solids and scraped solids. 25 NEW SUBSECTION . 25A. “Structure” means any of the 26 following: 27 a. An open feedlot operation structure. 28 b. An animal truck wash effluent basin. 29 NEW SUBSECTION . 25B. “Unformed animal truck wash effluent 30 basin” means a covered or uncovered impoundment used to store 31 animal truck wash effluent, other than a formed animal truck 32 wash effluent basin. 33 Sec. 3. Section 459A.102, subsections 14, 16, 23, and 25, 34 Code 2015, are amended to read as follows: 35 -2- LSB 2294YH (8) 86 da/rj 2/ 22

H.F. 425 14. “Nutrient management plan” or “plan” means a plan which 1 provides for the management of open feedlot effluent, or animal 2 truck wash effluent, including the application of effluent as 3 provided in section 459A.208 . 4 16. “Open feedlot effluent” or “effluent” means a 5 combination of manure, precipitation-induced runoff, or other 6 runoff from an open feedlot before its settleable solids have 7 been removed. 8 23. “Settled open feedlot effluent basin” or “basin” means 9 an impoundment which is part of an open feedlot operation, if 10 the primary function of the impoundment is to collect and store 11 settled open feedlot effluent. 12 25. “Stockpile” means to store solids from an any of the 13 following: 14 a. An open feedlot operation outside of an open feedlot 15 operation structure , or outside of an area that drains to an 16 open feedlot operation structure. 17 b. An animal truck wash facility, outside an animal truck 18 wash facility, or outside an area that drains to an animal 19 truck wash facility. 20 Sec. 4. Section 459A.102, subsections 19 and 21, Code 2015, 21 are amended by striking the subsections. 22 Sec. 5. Section 459A.103, subsection 3, paragraph b, Code 23 2015, is amended to read as follows: 24 b. Notwithstanding paragraph “a” , only for purposes of 25 determining whether an open feedlot operation must obtain an 26 operating a NPDES permit, the animal unit capacity of the 27 animal feeding operation includes the animal unit capacities 28 of both the open feedlot operation and the confinement feeding 29 operation if the animals in the open feedlot operation and the 30 confinement feeding operation are all in the same category or 31 type of animals as used in the definitions of large and medium 32 concentrated animal feeding operations in 40 C.F.R. pt. 122. 33 In all other respects the confinement feeding operation shall 34 be governed by chapter 459 and the open feedlot operation shall 35 -3- LSB 2294YH (8) 86 da/rj 3/ 22

H.F. 425 be governed by this chapter . 1 Sec. 6. Section 459A.103, subsection 6, Code 2015, is 2 amended to read as follows: 3 6. The regulation of open feedlot effluent under this 4 chapter shall be construed as also regulating settled open 5 feedlot effluent and solids. 6 Sec. 7. Section 459A.104, Code 2015, is amended to read as 7 follows: 8 459A.104 General authority —— commission and department —— 9 purpose —— compliance. 10 1. The commission shall establish by rule adopted pursuant 11 to chapter 17A , requirements relating to the construction, 12 including expansion, or operation of open all of the following: 13 a. Open feedlot operations, including any related open 14 feedlot operation structures. 15 b. Animal truck wash facilities, including any related 16 animal truck wash effluent basins. 17 2. Any provision referring generally to compliance with 18 the requirements of this chapter as applied to open feedlot 19 operations or animal truck wash facilities also includes 20 compliance with requirements in rules adopted by the commission 21 pursuant to this section , orders issued by the department as 22 authorized under this chapter , and the terms and conditions 23 applicable to licenses, certifications, permits, or nutrient 24 management plans required under this chapter . 25 3. a. The purpose of this chapter is to provide 26 requirements relating to the construction, including the 27 expansion, and operation of open all of the following: 28 (1) Open feedlot operations, and the control of open feedlot 29 effluent , which . 30 (2) Animal truck wash facilities, and the control of animal 31 truck wash effluent. 32 b. The provisions of this chapter shall be construed to 33 supplement applicable provisions of chapter 459 . If there is 34 a conflict between the provisions of this chapter and chapter 35 -4- LSB 2294YH (8) 86 da/rj 4/ 22

H.F. 425 459 , the provisions of this chapter shall prevail. 1 Sec. 8. Section 459A.105, Code 2015, is amended to read as 2 follows: 3 459A.105 Exception to regulation. 4 1. Except as provided in subsection 2 , the requirements 5 of this chapter which regulate open feedlot operations, 6 including rules adopted by the department commission pursuant 7 to section 459A.104 , shall not apply to research activities and 8 experiments performed under the authority and regulations of a 9 research college, if the research activities and experiments 10 relate to an open feedlot operation structure or the disposal 11 or treatment of effluent originating from an open feedlot 12 operation. 13 2. The requirements of section 459A.410 , including rules 14 adopted by the department commission under that section, apply 15 to research activities and experiments performed under the 16 authority and regulations of a research college. 17 Sec. 9. Section 459A.201, subsection 3, paragraph b, Code 18 2015, is amended to read as follows: 19 b. (1) A nutrient management plan as provided in section 20 459A.208 shall be approved or disapproved as part of a 21 construction permit application pursuant to section 459A.205 . 22 (2) If For an open feedlot operation, if the nutrient 23 management plan is not part of an application for a 24 construction permit, the nutrient management plan shall be 25 approved or disapproved within sixty days from the date that 26 the department receives the nutrient management plan. 27 Sec. 10. Section 459A.205, subsection 1, Code 2015, is 28 amended to read as follows: 29 1. a. The department shall approve or disapprove 30 applications for permits for the construction, including the 31 expansion, of settled the following structures: 32 (1) Settled open feedlot effluent basins and alternative 33 technology systems, which are part of open feedlot operations 34 as provided in this chapter . 35 -5- LSB 2294YH (8) 86 da/rj 5/ 22

H.F. 425 (2) Animal truck wash effluent basins which are part of 1 animal truck wash facilities as provided in this chapter. 2 b. The department’s decision to approve or disapprove 3 a permit for the construction of a basin or alternative 4 system structure described in paragraph “a” shall be based on 5 whether the application is submitted according to procedures 6 and standards required by this chapter . A person shall not 7 begin construction of a basin or alternative system requiring 8 a permit such a structure under this section , unless the 9 department first approves the person’s application and issues 10 to the person a construction permit. 11 Sec. 11. Section 459A.205, subsection 3, Code 2015, is 12 amended to read as follows: 13 3. The department shall not approve an An application for a 14 construction permit unless the applicant submits shall include 15 all of the following: 16 a. For an open feedlot operation submitting an application 17 for a construction permit on or after April 30, 2007, a A 18 nutrient management plan as provided in section 459A.208 . 19 b. An engineering report, construction plans, and 20 specifications prepared by a licensed professional engineer or 21 the natural resources conservation service of the United States 22 department of agriculture certifying . 23 (1) For an open feedlot operation, the professional 24 engineer must certify that the construction of the settled 25 open feedlot effluent basin or alternative technology system 26 complies with the construction design standards required in 27 this chapter . 28 (2) For an animal truck wash facility, the professional 29 engineer must certify that the construction of the animal 30 truck wash effluent basin complies with the construction 31 design standards required in this chapter. However, an animal 32 truck wash facility electing to use a formed animal truck wash 33 effluent basin, in lieu of an engineering report, may submit a 34 construction design statement that meets the requirements of 35 -6- LSB 2294YH (8) 86 da/rj 6/ 22

H.F. 425 sections 459A.306 and 459A.307. 1 Sec. 12. Section 459A.205, subsection 4, unnumbered 2 paragraph 1, Code 2015, is amended to read as follows: 3 An For an open feedlot operation , must be issued a 4 construction permit must be issued prior to any of the 5 following: 6 Sec. 13. Section 459A.205, subsection 4, paragraph a, Code 7 2015, is amended to read as follows: 8 a. The construction, including expansion, of a settled open 9 feedlot effluent basin or alternative technology system if the 10 open feedlot operation is required to be issued an operating a 11 NPDES permit. 12 Sec. 14. Section 459A.205, subsection 4, paragraph b, 13 unnumbered paragraph 1, Code 2015, is amended to read as 14 follows: 15 The When the department has previously issued the open 16 feedlot operation a construction permit and any of the 17 following applies: 18 Sec. 15. Section 459A.205, Code 2015, is amended by adding 19 the following new subsection: 20 NEW SUBSECTION . 4A. For an animal truck wash facility, 21 a construction permit must be issued prior to any of the 22 following: 23 a. The construction, including expansion, of an animal truck 24 wash effluent basin. 25 b. When the department has previously issued the animal 26 truck wash facility a construction permit and the volume of 27 the animal truck wash effluent would be more than the volume 28 approved by the department in the previous construction permit. 29 Sec. 16. Section 459A.205, subsection 6, unnumbered 30 paragraph 1, Code 2015, is amended to read as follows: 31 The For an open feedlot operation, the application for the a 32 construction permit shall include all of the following: 33 Sec. 17. Section 459A.205, subsection 6, paragraph f, Code 34 2015, is amended to read as follows: 35 -7- LSB 2294YH (8) 86 da/rj 7/ 22

H.F. 425 f. An engineering report, construction plans, and 1 specifications prepared by a licensed professional engineer or 2 by the United States natural resources conservation service, 3 for the settled open feedlot operation effluent basin or 4 alternative technology system. 5 Sec. 18. Section 459A.205, subsection 6, paragraph h, 6 subparagraph (3), Code 2015, is amended to read as follows: 7 (3) A public water supply system as defined in section 8 455B.171 or a drinking water well which is located within a 9 distance from the open feedlot operation as prescribed by rules 10 adopted by the department commission . 11 Sec. 19. Section 459A.205, subsection 6, paragraph i, 12 subparagraphs (1) and (3), Code 2015, are amended to read as 13 follows: 14 (1) Information showing that the proposed open feedlot 15 operation meets criteria for siting as established by rules 16 adopted by the department commission . However, if the 17 site does not meet the criteria, the information shall show 18 substantially equivalent alternatives to meeting such criteria. 19 (3) A conceptual design of the proposed alternative 20 technology system, as developed by a licensed professional 21 engineer. 22 Sec. 20. Section 459A.205, Code 2015, is amended by adding 23 the following new subsection: 24 NEW SUBSECTION . 6A. For an animal truck wash facility, the 25 application for the construction permit shall include all of 26 the following: 27 a. The name of the owner of the animal truck wash facility 28 and the name of the animal truck wash facility, including a 29 mailing address and telephone number for the owner and the 30 animal truck wash facility. 31 b. The name of the contact person for the animal truck wash 32 facility, including the person’s mailing address and telephone 33 number. 34 c. The location of the animal truck wash facility. 35 -8- LSB 2294YH (8) 86 da/rj 8/ 22

H.F. 425 d. A statement providing that the application is for any of 1 the following: 2 (1) The construction or expansion of an animal truck wash 3 effluent basin for an existing animal truck wash facility which 4 is not expanding. 5 (2) The construction or expansion of an animal truck wash 6 effluent basin for an existing animal truck wash facility which 7 is expanding. 8 (3) The construction of an animal truck wash effluent basin 9 for a proposed new animal truck wash facility. 10 e. An engineering report, construction plans, and 11 specifications prepared by a professional engineer or by the 12 United States natural resources conservation service, for the 13 animal truck effluent basin. 14 (1) The engineering report must demonstrate that the 15 storage capacity of its animal truck wash effluent basin is 16 equal to or greater than the amount of effluent to be stored 17 for any six-month period, in addition to two feet of freeboard. 18 (2) If an animal truck wash effluent basin is to be 19 constructed on karst terrain, the engineering report must 20 establish that the construction complies with the requirements 21 of section 459A.404. 22 f. A soils and hydrogeologic report of the site, as required 23 in section 459A.206. 24 g. Information, including but not limited to maps, drawings, 25 and aerial photos that clearly show the location of the animal 26 truck wash facility and all animal truck wash effluent basins. 27 Sec. 21. Section 459A.205, subsection 7, paragraph a, 28 unnumbered paragraph 1, Code 2015, is amended to read as 29 follows: 30 Except as provided in paragraph “b” , a construction permit 31 for an open feedlot operation or animal truck wash facility 32 expires as follows: 33 Sec. 22. Section 459A.205, subsection 8, Code 2015, is 34 amended to read as follows: 35 -9- LSB 2294YH (8) 86 da/rj 9/ 22

H.F. 425 8. The department may suspend or revoke a construction 1 permit, modify the terms or conditions of a construction 2 permit, or disapprove a request to extend the time to begin 3 or complete construction as provided in this section , if it 4 determines that the operation of the open feedlot operation or 5 animal truck wash facility constitutes a clear, present, and 6 impending danger to public health or the environment. 7 Sec. 23. Section 459A.206, subsection 1, Code 2015, is 8 amended to read as follows: 9 1. A settled open feedlot effluent basin or an animal truck 10 wash effluent basin required to be constructed pursuant to a 11 construction permit issued pursuant to section 459A.205 shall 12 meet design standards as required by a soils and hydrogeologic 13 report. 14 Sec. 24. Section 459A.207, subsection 1, unnumbered 15 paragraph 1, Code 2015, is amended to read as follows: 16 The owner of an open feedlot operation who is issued a 17 construction permit for a settled open feedlot effluent basin 18 or the owner of an animal truck wash facility who is issued a 19 construction permit for an animal truck wash effluent basin as 20 provided in section 459A.205 after July 1, 2005, shall submit 21 to the department a construction certification from a licensed 22 professional engineer certifying all of the following: 23 Sec. 25. Section 459A.207, subsection 1, paragraph b, Code 24 2015, is amended to read as follows: 25 b. The basin was inspected by the licensed professional 26 engineer after completion of construction and before 27 commencement of operation. 28 Sec. 26. Section 459A.208, subsections 1, 3, and 4, Code 29 2015, are amended to read as follows: 30 1. The following persons shall develop and implement a 31 nutrient management plan meeting the requirements of this 32 section: 33 a. The owner of an open feedlot operation which has an 34 animal unit capacity of one thousand animal units or more or 35 -10- LSB 2294YH (8) 86 da/rj 10/ 22

H.F. 425 which is required to be issued an operating a NPDES permit 1 shall develop and implement a nutrient management plan meeting 2 the requirements of this section . 3 b. The owner of an animal truck wash facility which has an 4 animal truck wash effluent basin. 5 3. a. A person shall not remove open feedlot effluent from 6 an open feedlot operation structure which is part of an open 7 feedlot operation or animal truck wash effluent from an animal 8 truck wash effluent basin for which a nutrient management plan 9 is required under this section , unless the department approves 10 a nutrient management plan as required in this section . The 11 department 12 b. Notwithstanding paragraph “a” , the commission may adopt 13 rules allowing a person to remove open feedlot effluent from an 14 open feedlot operation structure or animal truck wash effluent 15 basin until the nutrient management plan is approved or 16 disapproved by the department according to terms and conditions 17 required by rules adopted by the department commission . 18 4. The department shall not approve an application for a 19 permit to construct a settled open feedlot effluent basin or 20 animal truck wash effluent basin, unless the owner of the open 21 feedlot operation or animal truck wash facility, applying for 22 approval submits a nutrient management plan together with the 23 application for the construction permit as provided in section 24 459A.205 . The owner of the open feedlot operation shall also 25 submit proof that the owner has published a notice for public 26 comment as provided in this section . The department shall 27 approve or disapprove the nutrient management plan as provided 28 in section 459A.201 . 29 Sec. 27. Section 459A.208, subsection 5, unnumbered 30 paragraph 1, Code 2015, is amended to read as follows: 31 Prior For an animal feeding operation, prior to approving 32 or disapproving a nutrient management plan as required in this 33 section , the department may receive comments exclusively to 34 determine whether the nutrient management plan is submitted 35 -11- LSB 2294YH (8) 86 da/rj 11/ 22

H.F. 425 according to procedures required by the department and that the 1 nutrient management plan complies with the provisions of this 2 chapter . 3 Sec. 28. Section 459A.208, subsections 6, 7, and 9, Code 4 2015, are amended to read as follows: 5 6. A nutrient management plan must be authenticated by the 6 owner of the open feedlot operation or the owner of the animal 7 truck wash facility as required by the department in accordance 8 with section 459A.201 . 9 7. A nutrient management plan shall include all of the 10 following: 11 a. Restrictions on the application of open feedlot effluent 12 or animal truck wash effluent based on all of the following: 13 (1) Calculations necessary to determine the land area 14 required for the application of open feedlot the effluent from 15 an open feedlot operation based on nitrogen use levels in order 16 to obtain optimum crop yields according to a crop schedule 17 specified in the nutrient management plan, and according to 18 requirements adopted by the department. 19 (2) A phosphorus index established pursuant to section 20 459.312 . 21 b. Information relating to the application of the open 22 feedlot effluent, including all of the following: 23 (1) Nutrient levels concentrations of the open feedlot 24 effluent. 25 (2) Application methods, the timing of the application, and 26 the location of the land where the application occurs. 27 c. If the application is on land other than land owned or 28 rented for crop production by the owner of the open feedlot 29 operation , the plan shall include a copy of each written 30 agreement executed by the owner of the open feedlot operation 31 and the landowner or the person renting the land for crop 32 production where the open feedlot effluent may be applied. 33 d. An estimate of the open feedlot effluent volume or weight 34 produced by the open feedlot operation or animal truck wash 35 -12- LSB 2294YH (8) 86 da/rj 12/ 22

H.F. 425 facility . 1 e. Information which shows all of the following: 2 (1) There is adequate storage for open feedlot effluent 3 or animal truck wash effluent , including procedures to ensure 4 proper operation and maintenance of the storage structures an 5 open feedlot operation structure or animal truck wash effluent 6 basin . 7 (2) The For an animal feeding operation, all of the 8 following: 9 (a) The proper management of animal mortalities to ensure 10 that animals are not disposed of in an open feedlot operation 11 structure or a treatment system that is not specifically 12 designed to treat animal mortalities. 13 (b) Animals kept in the open feedlot operation do not have 14 direct contact with any waters of the United States. 15 (3) (a) Surface drainage prior to contact with an open 16 feedlot structure is diverted, as appropriate, from the open 17 feedlot operation. 18 (b) Surface drainage prior to contact with an animal truck 19 wash facility is diverted, as appropriate, from the animal 20 truck wash facility. 21 (4) Animals kept in the open feedlot operation do not have 22 direct contact with any waters of the United States. 23 (5) Chemicals or other contaminants handled on-site are 24 not disposed of in an open feedlot operation structure , an 25 animal truck wash facility, or a treatment system that is not 26 specifically designed to treat such chemicals or contaminants. 27 9. The owner of an open feedlot operation or animal truck 28 wash facility who is required to develop and implement a 29 nutrient management plan shall maintain a current nutrient 30 management plan and maintain records sufficient to demonstrate 31 compliance with the nutrient management plan. 32 Sec. 29. Section 459A.301, Code 2015, is amended to read as 33 follows: 34 459A.301 Settled open feedlot effluent basins and animal 35 -13- LSB 2294YH (8) 86 da/rj 13/ 22

H.F. 425 truck wash effluent basins —— construction design standards —— 1 rules. 2 If the department requires that a settled open feedlot 3 effluent basin or animal truck wash effluent basin be 4 constructed according to construction design standards, 5 regardless of whether the department requires the owner 6 to be issued a construction permit under section 459A.205 , 7 any construction design standards for the basin shall 8 be established by rules as provided in chapter 17A that 9 exclusively account for special design characteristics of open 10 feedlot operations and related basins or animal truck wash 11 facilities and related basins , including but not limited to 12 the dilute composition of settled open feedlot effluent as 13 collected and stored in the basins. 14 Sec. 30. Section 459A.302, unnumbered paragraph 1, Code 15 2015, is amended to read as follows: 16 A settled open feedlot effluent basin or an animal truck 17 wash effluent basin required to be constructed pursuant to a 18 construction permit issued pursuant to section 459A.205 shall 19 meet all of the following requirements: 20 Sec. 31. Section 459A.302, subsection 1, paragraph a, 21 unnumbered paragraph 1, Code 2015, is amended to read as 22 follows: 23 Prior to constructing a settled open feedlot effluent basin 24 or an animal truck wash effluent basin , the site for the basin 25 shall be investigated for a drainage tile line by the owner 26 of the open feedlot operation or animal truck wash facility . 27 The investigation shall be made by digging a core trench to 28 a depth of at least six feet deep from ground level at the 29 projected center of the berm of the basin. If a drainage tile 30 line is discovered, one of the following solutions shall be 31 implemented: 32 Sec. 32. Section 459A.302, subsections 2, 3, 4, and 5, Code 33 2015, are amended to read as follows: 34 2. a. The settled open feedlot effluent basin or an animal 35 -14- LSB 2294YH (8) 86 da/rj 14/ 22

H.F. 425 truck wash effluent basin shall be constructed with a minimum 1 separation of two feet between the top of the liner of the 2 basin and the seasonal high-water table. 3 b. If a drainage tile line around the perimeter of the basin 4 is installed a minimum of two feet below the top of the basin 5 liner to artificially lower the seasonal high-water table, the 6 top of the basin’s liner may be a maximum of four feet below 7 the seasonal high-water table. The seasonal high-water table 8 may be artificially lowered by gravity flow tile lines or other 9 similar system. However, the following shall apply: 10 (1) Except as provided in subparagraph (2), an open feedlot 11 operation or animal truck wash facility shall not use a 12 nongravity mechanical system that uses pumping equipment. 13 (2) If the open feedlot operation was constructed before 14 July 1, 2005, the operation may continue to use its existing 15 nongravity mechanical system that uses pumping equipment or 16 it may construct a new nongravity mechanical system that uses 17 pumping equipment. However, an open feedlot operation that 18 expands the area of its open feedlot on or after April 1, 2011, 19 shall not use a nongravity mechanical system that uses pumping 20 equipment. 21 3. Drainage tile lines may be installed to artificially 22 lower the seasonal high-water table at a settled open feedlot 23 effluent basin or animal truck wash effluent basin , if all of 24 the following conditions are satisfied: 25 a. A device to allow monitoring of the water in the drainage 26 tile lines and a device to allow shutoff of the flow in the 27 drainage tile lines are installed, if the drainage tile lines 28 do not have a surface outlet accessible on the property where 29 the settled open feedlot effluent basin is located. 30 b. Drainage tile lines are installed horizontally at least 31 twenty-five feet away from the settled open feedlot effluent 32 basin. Drainage tile lines shall be placed in a vertical 33 trench and encased in granular material which extends upward to 34 the level of the seasonal high-water table. 35 -15- LSB 2294YH (8) 86 da/rj 15/ 22

H.F. 425 4. A settled open feedlot effluent basin or animal truck 1 wash effluent basin shall be constructed with at least four 2 feet between the bottom of the basin and a bedrock formation. 3 5. A settled open feedlot effluent basin or animal truck 4 wash effluent basin constructed on a floodplain or within 5 a floodway of a river or stream shall comply with rules of 6 adopted by the department commission . 7 Sec. 33. Section 459A.302, subsection 6, unnumbered 8 paragraph 1, Code 2015, is amended to read as follows: 9 The liner of a settled open feedlot effluent basin or 10 animal truck wash effluent basin shall comply with all of the 11 following: 12 Sec. 34. Section 459A.302, subsection 7, Code 2015, is 13 amended to read as follows: 14 7. The owner of an open feedlot operation using a settled 15 open feedlot effluent basin or animal truck wash facility 16 shall inspect the berms of the basin at least semiannually for 17 evidence of erosion. If the inspection reveals erosion which 18 may impact the basin’s structural stability or the integrity of 19 the basin’s liner, the owner shall repair the berms. 20 Sec. 35. Section 459A.303, subsection 2, Code 2015, is 21 amended to read as follows: 22 2. The department commission shall adopt rules establishing 23 requirements for the construction and operation of alternative 24 technology systems. 25 Sec. 36. Section 459A.401, subsection 2, Code 2015, is 26 amended by striking the subsection and inserting in lieu 27 thereof the following: 28 2. Notwithstanding subsection 1, an open feedlot operation 29 that is a concentrated animal feeding operation shall comply 30 with applicable NPDES permit requirements as provided in the 31 federal Water Pollution Control Act, pursuant to rules that 32 shall be adopted by the commission. Any rules adopted pursuant 33 to this subsection shall be no more stringent than requirements 34 under the federal Act. 35 -16- LSB 2294YH (8) 86 da/rj 16/ 22

H.F. 425 Sec. 37. Section 459A.401, Code 2015, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 2A. If the open feedlot operation is 3 designed, constructed, and operated in accordance with the 4 requirements of an open feedlot effluent control system as 5 provided in rules adopted by the commission, the operation 6 shall be deemed to be in compliance with this section, unless a 7 discharge from the operation causes a violation of state water 8 quality standards as provided in chapter 455B, division III. 9 Sec. 38. Section 459A.401, subsection 3, paragraph a, Code 10 2015, is amended to read as follows: 11 a. (1) The open feedlot operation shall not discharge 12 open feedlot effluent from an open feedlot operation structure 13 into any waters of the United States, unless the discharge is 14 pursuant to an operating a NPDES permit. 15 (2) The open feedlot operation shall not be required to be 16 issued an operating a NPDES permit if the operation does not 17 discharge open feedlot effluent into any waters of the United 18 States. 19 Sec. 39. NEW SECTION . 459A.404 Animal truck wash facility 20 —— construction regulations. 21 1. a. An animal truck wash effluent basin shall not 22 be constructed, including expanded, within one thousand 23 two hundred fifty feet from a residence not owned by the 24 titleholder of the animal truck wash facility, a commercial 25 enterprise, a bona fide religious institution, an educational 26 institution, or a public use area, as those terms are defined 27 in section 459.102, and as provided in rules adopted by the 28 commission pursuant to section 459.103, and as provided in 29 rules adopted by the commission pursuant to section 459A.104. 30 b. An animal truck wash effluent basin shall not be 31 constructed or expanded within one hundred feet from a public 32 thoroughfare as defined in section 459.102. 33 c. Paragraph “a” does not apply if a residence, educational 34 institution, commercial enterprise, or bona fide religious 35 -17- LSB 2294YH (8) 86 da/rj 17/ 22

H.F. 425 institution was constructed or expanded, or if the boundaries 1 of the public use area were expanded, after the date that the 2 animal truck wash facility was established. The date the 3 animal truck wash facility was established is the date on which 4 the animal truck wash facility commenced operating. A change 5 in ownership or expansion of the animal truck wash facility 6 shall not change the established date of operation. 7 d. Paragraph “a” or “b” does not apply if the titleholder of 8 the land benefiting from the separation distance requirement, 9 including a person so authorized by the titleholder, executes 10 a written waiver with the titleholder of the land where the 11 animal truck wash effluent basin is located. The basin shall 12 be constructed or expanded under such terms and conditions that 13 the parties negotiate. The state or a political subdivision 14 constructing or maintaining the public thoroughfare benefiting 15 from the separation distance requirement may execute a written 16 waiver with the titleholder of the land where the basin 17 is located. The animal truck wash effluent basin shall be 18 constructed or expanded under such terms and conditions that 19 the parties negotiate. 20 e. An unformed animal truck wash effluent basin shall not be 21 constructed or expanded within the following minimum separation 22 distances from any of the following: 23 (1) One thousand feet from a public shallow well. 24 (2) Four hundred feet from a public deep well. 25 (3) Four hundred feet from a private well. 26 2. a. Any separation distance required for a confinement 27 feeding operation structure and a location or object specified 28 in section 459.310, subsection 1, shall also apply to an animal 29 truck wash effluent basin and that same location or object. 30 b. Any requirement, qualification, or exception that 31 applies to a separation distance required for a confinement 32 feeding operation structure and a location or object specified 33 in section 459.310, subsection 1, shall also apply to the 34 separation distance required for an animal truck wash effluent 35 -18- LSB 2294YH (8) 86 da/rj 18/ 22

H.F. 425 basin and that same location or object. 1 3. An animal truck wash effluent basin shall not be 2 constructed, including expanded, on land that is part of a 3 one hundred year floodplain as designated by rules adopted 4 by the commission pursuant to section 459A.104. The rules 5 shall correspond to rules adopted pursuant to section 459.310, 6 subsection 2. 7 4. A person shall not construct or expand an unformed animal 8 truck wash effluent basin within an agricultural drainage well 9 area as provided in section 460.205. 10 5. A person shall not construct an unformed animal truck 11 wash effluent basin on karst terrain or on an area that drains 12 into a known sinkhole. However, a person may construct an 13 animal truck wash effluent basin if there is a twenty-five 14 foot vertical separation distance between the bottom of the 15 basin and underlying limestone, dolomite, or other soluble 16 rock as documented in the engineering report submitted to the 17 department pursuant to section 459A.205. 18 Sec. 40. Section 459A.410, Code 2015, is amended to read as 19 follows: 20 459A.410 Effluent application requirements. 21 1. Open feedlot effluent or animal truck wash effluent 22 shall be applied in a manner which does not cause surface water 23 or groundwater pollution. Application in accordance with 24 the provisions of state law, including this chapter , rules 25 adopted pursuant to the provisions of state law, including this 26 chapter , and guidelines adopted pursuant to this chapter , shall 27 be deemed as compliance with this section . 28 2. The commission shall adopt rules establishing 29 requirements for the application of animal truck wash effluent, 30 including minimum separation distances between locations 31 or objects identified in such rules, and requirements for 32 application rates. 33 Sec. 41. Section 459A.411, Code 2015, is amended to read as 34 follows: 35 -19- LSB 2294YH (8) 86 da/rj 19/ 22