H.F. 489 Section 1. Section 459.102, Code 2015, is amended by adding 1 the following new subsections: 2 NEW SUBSECTION . 48A. “Rainfall event” means any period of 3 continuous rainfall. 4 NEW SUBSECTION . 50A. “Saturated ground” means the top 5 two inches of soil that due to precipitation can no longer 6 absorb liquid as determined according to rules adopted by the 7 department. 8 Sec. 2. Section 459.312, subsection 10, paragraph h, Code 9 2015, is amended by striking the paragraph. 10 Sec. 3. Section 459.313A, Code 2015, is amended by striking 11 the section and inserting in lieu thereof the following: 12 459.313A Application of manure on land —— frozen, 13 snow-covered, and saturated ground —— authorized and prohibited 14 —— exceptions. 15 1. A person may apply manure originating from an animal 16 feeding operation on frozen ground, snow-covered ground, or 17 saturated ground, except to the extent otherwise provided by 18 applicable requirements in this section, this chapter, or the 19 national pollutant discharge elimination system pursuant to 20 the federal Water Pollution Control Act, 33 U.S.C. ch. 26, as 21 amended, and 40 C.F.R. pts. 122 and 412. 22 2. A person shall not apply liquid manure, originating 23 from a manure storage structure that is part of a confinement 24 feeding operation, on land that is any of the following: 25 a. Frozen ground, snow-covered ground, or saturated ground. 26 b. Located in a five-digit zip code area that is subject to 27 a rainfall event as forecast by the national weather service, 28 immediately prior to the beginning of the rainfall event, 29 predicting a fifty percent or greater probability that the area 30 will receive more than one quarter inch of rain during the 31 rainfall event’s first twenty-four hours. In that case, the 32 person shall not apply the liquid manure for twenty-four hours 33 from the beginning of the rainfall event. 34 3. Subsection 2 does not apply to the application of liquid 35 -1- LSB 2262YH (2) 86 da/rj 1/ 3

H.F. 489 manure that is any of the following: 1 a. Originates from a manure storage structure that is part 2 of a small animal feeding operation. 3 b. Is injected into the soil or incorporated within the soil 4 on the same date as the manure is first applied. 5 Sec. 4. NEW SECTION . 459.313B Application of liquid manure 6 on sloped land —— prohibited exceptions. 7 1. A person shall not apply liquid manure originating from a 8 manure storage structure, that is part of a confinement feeding 9 operation, on land having a slope with a grade exceeding twenty 10 percent. 11 2. Subsection 1 does not apply to the application of liquid 12 manure that is any of the following: 13 a. Originates from a manure storage structure that is part 14 of a small confinement feeding operation. 15 b. Is injected into the soil or incorporated within the soil 16 on the same date as the manure is first applied. 17 EXPLANATION 18 The inclusion of this explanation does not constitute agreement with 19 the explanation’s substance by the members of the general assembly. 20 BILL. This bill allows a person to apply manure originating 21 from an animal feeding operation on saturated ground, unless 22 it is liquid manure originating from a confinement feeding 23 operation. In that case, the bill prohibits the application of 24 such liquid manure on saturated ground as well as on frozen or 25 snow-covered ground regardless of the season. The prohibition 26 also requires a 24-hour delay if the national weather service 27 forecasts rain. The bill also prohibits a person from applying 28 liquid manure originating from a confinement feeding operation 29 on land having a slope with a grade exceeding 20 percent. The 30 prohibitions do not apply: (1) if the manure originates from a 31 small animal feeding operation or (2) the manure is injected or 32 incorporated. 33 CURRENT LAW. Generally, a person may apply manure 34 originating from an animal feeding operation on snow-covered 35 -2- LSB 2262YH (2) 86 da/rj 2/ 3

H.F. 489 or frozen ground, except during a period beginning in winter 1 and ending in early spring. However, an exception allows such 2 application if there is an emergency, the manure originates 3 from a small animal feeding operation, or if the manure is 4 injected or incorporated. The prohibition is enforced by the 5 department of natural resources. 6 TERMS. An “animal feeding operation” is a place where 7 animals (cattle, swine, horses, sheep, chickens, turkeys, 8 or fish) are confined for 45 or more days in a 12-month 9 period. A “confinement feeding operation” is an animal feeding 10 operation in which animals are confined in roofed areas (e.g., 11 buildings). A small animal feeding operation uses a formed 12 manure storage that has less than a 500 animal unit capacity 13 (e.g., 1,250 head of hogs weighing more than 55 pounds). 14 Injection is the process of applying manure beneath the soil 15 surface and incorporation is a process that mixes manure into 16 the soil. 17 APPLICABLE PENALTIES. A person who applies liquid manure 18 in violation of the bill’s prohibition would be subject to a 19 civil penalty, that may be administratively assessed by the 20 department, in an amount of not more than $10,000 (Code section 21 455B.109), or judicially assessed for an amount not more than 22 $5,000 per each day of the violation (Code section 455B.191). 23 Collected moneys would be deposited into the watershed 24 improvement fund (Code sections 459.603 and 466A.2). 25 -3- LSB 2262YH (2) 86 da/rj 3/ 3