H.F. 583 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” 19 means an operation engaged in washing single-unit trucks, 20 truck-tractors, semitrailers, or trailers used to transport 21 animals. 22 NEW SUBSECTION . 6A. “Basin” means any of the following: 23 a. A settled open feedlot effluent basin. 24 b. An animal truck wash effluent basin. 25 NEW SUBSECTION . 7A. “Concentrated animal feeding operation” 26 means the same as defined in 40 C.F.R. §122.23. 27 NEW SUBSECTION . 7B. “Confinement feeding operation” means 28 the same as defined in section 459.102. 29 NEW SUBSECTION . 11A. “Effluent” means open feedlot effluent 30 or animal truck wash effluent. 31 NEW SUBSECTION . 11B. “Federal Water Pollution Control Act” , 32 means the federal Water Pollution Control Act of 1972, 33 33 U.S.C. ch. 26, as amended, and 40 C.F.R., pts. 122 and 412. 34 NEW SUBSECTION . 11C. “Formed animal truck wash effluent 35 -1- LSB 2294HV (3) 86 da/rj 1/ 23

H.F. 583 basin” means a covered or uncovered impoundment used to store 1 effluent from an animal truck wash facility, which has walls 2 and a floor constructed of concrete, concrete block, wood, 3 steel, or similar materials. 4 NEW SUBSECTION . 13A. “Manure storage structure” means the 5 same as defined in section 459.102. 6 NEW SUBSECTION . 13B. “NPDES permit” means a permit issued 7 by the department under the national pollutant discharge 8 elimination system pursuant to the federal Water Pollution 9 Control Act of 1972, 33 U.S.C. ch. 26, as amended, and 40 10 C.F.R. pts. 122 and 412. 11 NEW SUBSECTION . 19A. “Owner” means a person who holds legal 12 or equitable title to any of the following: 13 a. The property where an open feedlot operation or animal 14 truck wash facility is located. 15 b. An open feedlot operation structure which is part of an 16 open feedlot operation or an animal truck wash effluent basin 17 which is part of an animal truck wash facility. 18 NEW SUBSECTION . 19B. “Professional engineer” means the same 19 as defined in section 459.102. 20 NEW SUBSECTION . 23A. “Small animal truck wash facility” 21 means an animal truck wash facility, if all of the following 22 apply: 23 a. The animal truck wash facility and all single-unit 24 trucks, truck-tractors, semitrailers, or trailers that are 25 washed at the facility are owned by the same person. 26 b. The average total per day volume of washwater used by the 27 animal truck wash facility does not exceed two thousand gallons 28 as calculated on a monthly basis. 29 NEW SUBSECTION . 23B. a. “Solids” means that portion of 30 effluent that meets all of the following requirements: 31 (1) Does not flow perceptibly under pressure. 32 (2) Is not capable of being transported through a mechanical 33 pumping device designed to move a liquid. 34 (3) The constituent molecules do not flow freely among 35 -2- LSB 2294HV (3) 86 da/rj 2/ 23

H.F. 583 themselves but do show the tendency to separate under stress. 1 b. “Solids” includes settleable solids and scraped solids. 2 NEW SUBSECTION . 25A. “Structure” means any of the 3 following: 4 a. An open feedlot operation structure. 5 b. An animal truck wash effluent basin. 6 NEW SUBSECTION . 25B. “Unformed animal truck wash effluent 7 basin” means a covered or uncovered impoundment used to store 8 animal truck wash effluent, other than a formed animal truck 9 wash effluent basin. 10 Sec. 3. Section 459A.102, subsections 14, 16, 23, and 25, 11 Code 2015, are amended to read as follows: 12 14. “Nutrient management plan” or “plan” means a plan which 13 provides for the management of open feedlot effluent, or animal 14 truck wash effluent, including the application of effluent as 15 provided in section 459A.208 . 16 16. “Open feedlot effluent” or “effluent” means a 17 combination of manure, precipitation-induced runoff, or other 18 runoff from an open feedlot before its settleable solids have 19 been removed. 20 23. “Settled open feedlot effluent basin” or “basin” means 21 an impoundment which is part of an open feedlot operation, if 22 the primary function of the impoundment is to collect and store 23 settled open feedlot effluent. 24 25. “Stockpile” means to store solids from an any of the 25 following: 26 a. An open feedlot operation outside of an open feedlot 27 operation structure , or outside of an area that drains to an 28 open feedlot operation structure. 29 b. An animal truck wash facility, outside an animal truck 30 wash facility, or outside an area that drains to an animal 31 truck wash facility. 32 Sec. 4. Section 459A.102, subsections 19 and 21, Code 2015, 33 are amended by striking the subsections. 34 Sec. 5. Section 459A.103, subsection 3, paragraph b, Code 35 -3- LSB 2294HV (3) 86 da/rj 3/ 23

H.F. 583 2015, is amended to read as follows: 1 b. Notwithstanding paragraph “a” , only for purposes of 2 determining whether an open feedlot operation must obtain an 3 operating a NPDES permit, the animal unit capacity of the 4 animal feeding operation includes the animal unit capacities 5 of both the open feedlot operation and the confinement feeding 6 operation if the animals in the open feedlot operation and the 7 confinement feeding operation are all in the same category or 8 type of animals as used in the definitions of large and medium 9 concentrated animal feeding operations in 40 C.F.R. pt. 122. 10 In all other respects the confinement feeding operation shall 11 be governed by chapter 459 and the open feedlot operation shall 12 be governed by this chapter . 13 Sec. 6. Section 459A.103, subsection 6, Code 2015, is 14 amended to read as follows: 15 6. The regulation of open feedlot effluent under this 16 chapter shall be construed as also regulating settled open 17 feedlot effluent and solids. 18 Sec. 7. Section 459A.104, Code 2015, is amended to read as 19 follows: 20 459A.104 General authority —— commission and department —— 21 purpose —— compliance. 22 1. The commission shall establish by rule adopted pursuant 23 to chapter 17A , requirements relating to the construction, 24 including expansion, or operation of open all of the following: 25 a. Open feedlot operations, including any related open 26 feedlot operation structures. 27 b. Animal truck wash facilities, including any related 28 animal truck wash effluent basins. 29 2. Any provision referring generally to compliance with 30 the requirements of this chapter as applied to open feedlot 31 operations or animal truck wash facilities also includes 32 compliance with requirements in rules adopted by the commission 33 pursuant to this section , orders issued by the department as 34 authorized under this chapter , and the terms and conditions 35 -4- LSB 2294HV (3) 86 da/rj 4/ 23

H.F. 583 applicable to licenses, certifications, permits, or nutrient 1 management plans required under this chapter . 2 3. a. The purpose of this chapter is to provide 3 requirements relating to the construction, including the 4 expansion, and operation of open all of the following: 5 (1) Open feedlot operations, and the control of open feedlot 6 effluent , which . 7 (2) Animal truck wash facilities, and the control of animal 8 truck wash effluent. 9 b. The provisions of this chapter shall be construed to 10 supplement applicable provisions of chapter 459 . If there is 11 a conflict between the provisions of this chapter and chapter 12 459 , the provisions of this chapter shall prevail. 13 Sec. 8. Section 459A.105, Code 2015, is amended to read as 14 follows: 15 459A.105 Exception to regulation. 16 1. a. Except as provided in subsection 2 paragraph 17 “b” , the requirements of this chapter which regulate open 18 feedlot operations, including rules adopted by the department 19 commission pursuant to section 459A.104 , shall not apply 20 to research activities and experiments performed under the 21 authority and regulations of a research college, if the 22 research activities and experiments relate to an open feedlot 23 operation structure or the disposal or treatment of effluent 24 originating from an open feedlot operation. 25 2. b. The requirements of section 459A.410 , including rules 26 adopted by the department commission under that section, apply 27 to research activities and experiments performed under the 28 authority and regulations of a research college. 29 2. a. Except as provided in paragraph “b” , the requirements 30 of this chapter, including rules adopted by the commission 31 pursuant to section 459A.104, shall not apply to a small animal 32 truck wash facility. 33 b. The requirements of section 459A.205, subsection 4A, 34 paragraph “c” , and sections 459A.404 and 459A.410, including 35 -5- LSB 2294HV (3) 86 da/rj 5/ 23

H.F. 583 rules adopted by the commission under those provisions, apply 1 to a small animal truck wash facility. 2 Sec. 9. Section 459A.201, subsection 3, paragraph b, Code 3 2015, is amended to read as follows: 4 b. (1) A nutrient management plan as provided in section 5 459A.208 shall be approved or disapproved as part of a 6 construction permit application pursuant to section 459A.205 . 7 (2) If For an open feedlot operation, if the nutrient 8 management plan is not part of an application for a 9 construction permit, the nutrient management plan shall be 10 approved or disapproved within sixty days from the date that 11 the department receives the nutrient management plan. 12 Sec. 10. Section 459A.205, subsection 1, Code 2015, is 13 amended to read as follows: 14 1. a. The department shall approve or disapprove 15 applications for permits for the construction, including the 16 expansion, of settled the following structures: 17 (1) Settled open feedlot effluent basins and alternative 18 technology systems, which are part of open feedlot operations 19 as provided in this chapter . 20 (2) Animal truck wash effluent basins which are part of 21 animal truck wash facilities as provided in this chapter. 22 b. The department’s decision to approve or disapprove 23 a permit for the construction of a basin or alternative 24 system structure described in paragraph “a” shall be based on 25 whether the application is submitted according to procedures 26 and standards required by this chapter . A person shall not 27 begin construction of a basin or alternative system requiring 28 a permit such a structure under this section , unless the 29 department first approves the person’s application and issues 30 to the person a construction permit. 31 Sec. 11. Section 459A.205, subsection 3, Code 2015, is 32 amended to read as follows: 33 3. The department shall not approve an An application for a 34 construction permit unless the applicant submits shall include 35 -6- LSB 2294HV (3) 86 da/rj 6/ 23

H.F. 583 all of the following: 1 a. For an open feedlot operation submitting an application 2 for a construction permit on or after April 30, 2007, a A 3 nutrient management plan as provided in section 459A.208 . 4 b. An engineering report, construction plans, and 5 specifications prepared by a licensed professional engineer or 6 the natural resources conservation service of the United States 7 department of agriculture certifying . 8 (1) For an open feedlot operation, the professional 9 engineer must certify that the construction of the settled 10 open feedlot effluent basin or alternative technology system 11 complies with the construction design standards required in 12 this chapter . 13 (2) For an animal truck wash facility, the professional 14 engineer must certify that the construction of the animal 15 truck wash effluent basin complies with the construction 16 design standards required in this chapter. However, an animal 17 truck wash facility electing to use a formed animal truck wash 18 effluent basin, in lieu of an engineering report, may submit a 19 construction design statement that meets the requirements of 20 sections 459A.306 and 459A.307. 21 Sec. 12. Section 459A.205, subsection 4, unnumbered 22 paragraph 1, Code 2015, is amended to read as follows: 23 An For an open feedlot operation , must be issued a 24 construction permit must be issued prior to any of the 25 following: 26 Sec. 13. Section 459A.205, subsection 4, paragraph a, Code 27 2015, is amended to read as follows: 28 a. The construction, including expansion, of a settled open 29 feedlot effluent basin or alternative technology system if the 30 open feedlot operation is required to be issued an operating a 31 NPDES permit. 32 Sec. 14. Section 459A.205, subsection 4, paragraph b, 33 unnumbered paragraph 1, Code 2015, is amended to read as 34 follows: 35 -7- LSB 2294HV (3) 86 da/rj 7/ 23

H.F. 583 The When the department has previously issued the open 1 feedlot operation a construction permit and any of the 2 following applies: 3 Sec. 15. Section 459A.205, Code 2015, is amended by adding 4 the following new subsection: 5 NEW SUBSECTION . 4A. For an animal truck wash facility, 6 a construction permit must be issued prior to any of the 7 following: 8 a. The construction, including expansion, of an animal truck 9 wash effluent basin. 10 b. When the department has previously issued the animal 11 truck wash facility a construction permit and the volume of 12 the animal truck wash effluent would be more than the volume 13 approved by the department in the previous construction permit. 14 c. (1) When the animal truck wash facility is part of a 15 confinement feeding operation, and all of the following apply: 16 (a) The department has issued a construction permit under 17 section 459.303 or a letter approving a construction design 18 statement in lieu of a construction permit as provided by rules 19 adopted by the commission under section 459.103. 20 (b) The animal truck wash effluent will be added to an 21 existing manure storage structure resulting in a total stored 22 volume greater than that approved in the construction permit or 23 the construction design statement approval letter. 24 (2) When the animal truck wash facility is part of an open 25 feedlot operation, and all of the following apply: 26 (a) The department has issued a construction permit under 27 this section or a NPDES permit under section 459A.401. 28 (b) The animal truck wash effluent will be added to an 29 existing settled open feedlot effluent basin resulting in 30 a total stored volume greater than that approved in the 31 construction permit or NPDES permit. 32 Sec. 16. Section 459A.205, subsection 6, unnumbered 33 paragraph 1, Code 2015, is amended to read as follows: 34 The For an open feedlot operation, the application for the a 35 -8- LSB 2294HV (3) 86 da/rj 8/ 23

H.F. 583 construction permit shall include all of the following: 1 Sec. 17. Section 459A.205, subsection 6, paragraph f, Code 2 2015, is amended to read as follows: 3 f. An engineering report, construction plans, and 4 specifications prepared by a licensed professional engineer or 5 by the United States natural resources conservation service, 6 for the settled open feedlot operation effluent basin or 7 alternative technology system. 8 Sec. 18. Section 459A.205, subsection 6, paragraph h, 9 subparagraph (3), Code 2015, is amended to read as follows: 10 (3) A public water supply system as defined in section 11 455B.171 or a drinking water well which is located within a 12 distance from the open feedlot operation as prescribed by rules 13 adopted by the department commission . 14 Sec. 19. Section 459A.205, subsection 6, paragraph i, 15 subparagraphs (1) and (3), Code 2015, are amended to read as 16 follows: 17 (1) Information showing that the proposed open feedlot 18 operation meets criteria for siting as established by rules 19 adopted by the department commission . However, if the 20 site does not meet the criteria, the information shall show 21 substantially equivalent alternatives to meeting such criteria. 22 (3) A conceptual design of the proposed alternative 23 technology system, as developed by a licensed professional 24 engineer. 25 Sec. 20. Section 459A.205, Code 2015, is amended by adding 26 the following new subsection: 27 NEW SUBSECTION . 6A. For an animal truck wash facility, the 28 application for the construction permit shall include all of 29 the following: 30 a. The name of the owner of the animal truck wash facility 31 and the name of the animal truck wash facility, including a 32 mailing address and telephone number for the owner and the 33 animal truck wash facility. 34 b. The name of the contact person for the animal truck wash 35 -9- LSB 2294HV (3) 86 da/rj 9/ 23

H.F. 583 facility, including the person’s mailing address and telephone 1 number. 2 c. The location of the animal truck wash facility. 3 d. A statement providing that the application is for any of 4 the following: 5 (1) The construction or expansion of an animal truck wash 6 effluent basin for an existing animal truck wash facility which 7 is not expanding. 8 (2) The construction or expansion of an animal truck wash 9 effluent basin for an existing animal truck wash facility which 10 is expanding. 11 (3) The construction of an animal truck wash effluent basin 12 for a proposed new animal truck wash facility. 13 e. An engineering report, construction plans, and 14 specifications prepared by a professional engineer or by the 15 United States natural resources conservation service, for the 16 animal truck effluent basin. 17 (1) The engineering report must demonstrate that the 18 storage capacity of its animal truck wash effluent basin is 19 equal to or greater than the amount of effluent to be stored 20 for any six-month period, in addition to two feet of freeboard. 21 (2) If an animal truck wash effluent basin is to be 22 constructed on karst terrain, the engineering report must 23 establish that the construction complies with the requirements 24 of section 459A.404. 25 f. A soils and hydrogeologic report of the site, as required 26 in section 459A.206. 27 g. Information, including but not limited to maps, drawings, 28 and aerial photos that clearly show the location of the animal 29 truck wash facility and all animal truck wash effluent basins. 30 Sec. 21. Section 459A.205, subsection 7, paragraph a, 31 unnumbered paragraph 1, Code 2015, is amended to read as 32 follows: 33 Except as provided in paragraph “b” , a construction permit 34 for an open feedlot operation or animal truck wash facility 35 -10- LSB 2294HV (3) 86 da/rj 10/ 23

H.F. 583 expires as follows: 1 Sec. 22. Section 459A.205, subsection 8, Code 2015, is 2 amended to read as follows: 3 8. The department may suspend or revoke a construction 4 permit, modify the terms or conditions of a construction 5 permit, or disapprove a request to extend the time to begin 6 or complete construction as provided in this section , if it 7 determines that the operation of the open feedlot operation or 8 animal truck wash facility constitutes a clear, present, and 9 impending danger to public health or the environment. 10 Sec. 23. Section 459A.206, subsection 1, Code 2015, is 11 amended to read as follows: 12 1. A settled open feedlot effluent basin or an animal truck 13 wash effluent basin required to be constructed pursuant to a 14 construction permit issued pursuant to section 459A.205 shall 15 meet design standards as required by a soils and hydrogeologic 16 report. 17 Sec. 24. Section 459A.207, subsection 1, unnumbered 18 paragraph 1, Code 2015, is amended to read as follows: 19 The owner of an open feedlot operation who is issued a 20 construction permit for a settled open feedlot effluent basin 21 or the owner of an animal truck wash facility who is issued a 22 construction permit for an animal truck wash effluent basin as 23 provided in section 459A.205 after July 1, 2005, shall submit 24 to the department a construction certification from a licensed 25 professional engineer certifying all of the following: 26 Sec. 25. Section 459A.207, subsection 1, paragraph b, Code 27 2015, is amended to read as follows: 28 b. The basin was inspected by the licensed professional 29 engineer after completion of construction and before 30 commencement of operation. 31 Sec. 26. Section 459A.208, subsections 1, 3, and 4, Code 32 2015, are amended to read as follows: 33 1. The following persons shall develop and implement a 34 nutrient management plan meeting the requirements of this 35 -11- LSB 2294HV (3) 86 da/rj 11/ 23

H.F. 583 section: 1 a. The owner of an open feedlot operation which has an 2 animal unit capacity of one thousand animal units or more or 3 which is required to be issued an operating a NPDES permit 4 shall develop and implement a nutrient management plan meeting 5 the requirements of this section . 6 b. The owner of an animal truck wash facility which has an 7 animal truck wash effluent basin. 8 3. a. A person shall not remove open feedlot effluent from 9 an open feedlot operation structure which is part of an open 10 feedlot operation or animal truck wash effluent from an animal 11 truck wash effluent basin for which a nutrient management plan 12 is required under this section , unless the department approves 13 a nutrient management plan as required in this section . The 14 department 15 b. Notwithstanding paragraph “a” , the commission may adopt 16 rules allowing a person to remove open feedlot effluent from an 17 open feedlot operation structure or animal truck wash effluent 18 basin until the nutrient management plan is approved or 19 disapproved by the department according to terms and conditions 20 required by rules adopted by the department commission . 21 4. The department shall not approve an application for a 22 permit to construct a settled open feedlot effluent basin or 23 animal truck wash effluent basin, unless the owner of the open 24 feedlot operation or animal truck wash facility, applying for 25 approval submits a nutrient management plan together with the 26 application for the construction permit as provided in section 27 459A.205 . The owner of the open feedlot operation shall also 28 submit proof that the owner has published a notice for public 29 comment as provided in this section . The department shall 30 approve or disapprove the nutrient management plan as provided 31 in section 459A.201 . 32 Sec. 27. Section 459A.208, subsection 5, unnumbered 33 paragraph 1, Code 2015, is amended to read as follows: 34 Prior For an animal feeding operation, prior to approving 35 -12- LSB 2294HV (3) 86 da/rj 12/ 23

H.F. 583 or disapproving a nutrient management plan as required in this 1 section , the department may receive comments exclusively to 2 determine whether the nutrient management plan is submitted 3 according to procedures required by the department and that the 4 nutrient management plan complies with the provisions of this 5 chapter . 6 Sec. 28. Section 459A.208, subsections 6, 7, and 9, Code 7 2015, are amended to read as follows: 8 6. A nutrient management plan must be authenticated by the 9 owner of the open feedlot operation or the owner of the animal 10 truck wash facility as required by the department in accordance 11 with section 459A.201 . 12 7. A nutrient management plan shall include all of the 13 following: 14 a. Restrictions on the application of open feedlot effluent 15 or animal truck wash effluent based on all of the following: 16 (1) Calculations necessary to determine the land area 17 required for the application of open feedlot the effluent from 18 an open feedlot operation based on nitrogen use levels in order 19 to obtain optimum crop yields according to a crop schedule 20 specified in the nutrient management plan, and according to 21 requirements adopted by the department. 22 (2) A phosphorus index established pursuant to section 23 459.312 . 24 b. Information relating to the application of the open 25 feedlot effluent, including all of the following: 26 (1) Nutrient levels concentrations of the open feedlot 27 effluent. 28 (2) Application methods, the timing of the application, and 29 the location of the land where the application occurs. 30 c. If the application is on land other than land owned or 31 rented for crop production by the owner of the open feedlot 32 operation , the plan shall include a copy of each written 33 agreement executed by the owner of the open feedlot operation 34 and the landowner or the person renting the land for crop 35 -13- LSB 2294HV (3) 86 da/rj 13/ 23

H.F. 583 production where the open feedlot effluent may be applied. 1 d. An estimate of the open feedlot effluent volume or weight 2 produced by the open feedlot operation or animal truck wash 3 facility . 4 e. Information which shows all of the following: 5 (1) There is adequate storage for open feedlot effluent 6 or animal truck wash effluent , including procedures to ensure 7 proper operation and maintenance of the storage structures an 8 open feedlot operation structure or animal truck wash effluent 9 basin . 10 (2) The For an animal feeding operation, all of the 11 following: 12 (a) The proper management of animal mortalities to ensure 13 that animals are not disposed of in an open feedlot operation 14 structure or a treatment system that is not specifically 15 designed to treat animal mortalities. 16 (b) Animals kept in the open feedlot operation do not have 17 direct contact with any waters of the United States. 18 (3) (a) Surface drainage prior to contact with an open 19 feedlot structure is diverted, as appropriate, from the open 20 feedlot operation. 21 (b) Surface drainage prior to contact with an animal truck 22 wash facility is diverted, as appropriate, from the animal 23 truck wash facility. 24 (4) Animals kept in the open feedlot operation do not have 25 direct contact with any waters of the United States. 26 (5) Chemicals or other contaminants handled on-site are 27 not disposed of in an open feedlot operation structure , an 28 animal truck wash facility, or a treatment system that is not 29 specifically designed to treat such chemicals or contaminants. 30 9. The owner of an open feedlot operation or animal truck 31 wash facility who is required to develop and implement a 32 nutrient management plan shall maintain a current nutrient 33 management plan and maintain records sufficient to demonstrate 34 compliance with the nutrient management plan. 35 -14- LSB 2294HV (3) 86 da/rj 14/ 23

H.F. 583 Sec. 29. Section 459A.301, Code 2015, is amended to read as 1 follows: 2 459A.301 Settled open feedlot effluent basins and animal 3 truck wash effluent basins —— construction design standards —— 4 rules. 5 If the department requires that a settled open feedlot 6 effluent basin or animal truck wash effluent basin be 7 constructed according to construction design standards, 8 regardless of whether the department requires the owner 9 to be issued a construction permit under section 459A.205 , 10 any construction design standards for the basin shall 11 be established by rules as provided in chapter 17A that 12 exclusively account for special design characteristics of open 13 feedlot operations and related basins or animal truck wash 14 facilities and related basins , including but not limited to 15 the dilute composition of settled open feedlot effluent as 16 collected and stored in the basins. 17 Sec. 30. Section 459A.302, unnumbered paragraph 1, Code 18 2015, is amended to read as follows: 19 A settled open feedlot effluent basin or an animal truck 20 wash effluent basin required to be constructed pursuant to a 21 construction permit issued pursuant to section 459A.205 shall 22 meet all of the following requirements: 23 Sec. 31. Section 459A.302, subsection 1, paragraph a, 24 unnumbered paragraph 1, Code 2015, is amended to read as 25 follows: 26 Prior to constructing a settled open feedlot effluent basin 27 or an animal truck wash effluent basin , the site for the basin 28 shall be investigated for a drainage tile line by the owner 29 of the open feedlot operation or animal truck wash facility . 30 The investigation shall be made by digging a core trench to 31 a depth of at least six feet deep from ground level at the 32 projected center of the berm of the basin. If a drainage tile 33 line is discovered, one of the following solutions shall be 34 implemented: 35 -15- LSB 2294HV (3) 86 da/rj 15/ 23

H.F. 583 Sec. 32. Section 459A.302, subsections 2, 3, 4, and 5, Code 1 2015, are amended to read as follows: 2 2. a. The settled open feedlot effluent basin or an animal 3 truck wash effluent basin shall be constructed with a minimum 4 separation of two feet between the top of the liner of the 5 basin and the seasonal high-water table. 6 b. If a drainage tile line around the perimeter of the basin 7 is installed a minimum of two feet below the top of the basin 8 liner to artificially lower the seasonal high-water table, the 9 top of the basin’s liner may be a maximum of four feet below 10 the seasonal high-water table. The seasonal high-water table 11 may be artificially lowered by gravity flow tile lines or other 12 similar system. However, the following shall apply: 13 (1) Except as provided in subparagraph (2), an open feedlot 14 operation or animal truck wash facility shall not use a 15 nongravity mechanical system that uses pumping equipment. 16 (2) If the open feedlot operation was constructed before 17 July 1, 2005, the operation may continue to use its existing 18 nongravity mechanical system that uses pumping equipment or 19 it may construct a new nongravity mechanical system that uses 20 pumping equipment. However, an open feedlot operation that 21 expands the area of its open feedlot on or after April 1, 2011, 22 shall not use a nongravity mechanical system that uses pumping 23 equipment. 24 3. Drainage tile lines may be installed to artificially 25 lower the seasonal high-water table at a settled open feedlot 26 effluent basin or animal truck wash effluent basin , if all of 27 the following conditions are satisfied: 28 a. A device to allow monitoring of the water in the drainage 29 tile lines and a device to allow shutoff of the flow in the 30 drainage tile lines are installed, if the drainage tile lines 31 do not have a surface outlet accessible on the property where 32 the settled open feedlot effluent basin is located. 33 b. Drainage tile lines are installed horizontally at least 34 twenty-five feet away from the settled open feedlot effluent 35 -16- LSB 2294HV (3) 86 da/rj 16/ 23

H.F. 583 basin. Drainage tile lines shall be placed in a vertical 1 trench and encased in granular material which extends upward to 2 the level of the seasonal high-water table. 3 4. A settled open feedlot effluent basin or animal truck 4 wash effluent basin shall be constructed with at least four 5 feet between the bottom of the basin and a bedrock formation. 6 5. A settled open feedlot effluent basin or animal truck 7 wash effluent basin constructed on a floodplain or within 8 a floodway of a river or stream shall comply with rules of 9 adopted by the department commission . 10 Sec. 33. Section 459A.302, subsection 6, unnumbered 11 paragraph 1, Code 2015, is amended to read as follows: 12 The liner of a settled open feedlot effluent basin or 13 animal truck wash effluent basin shall comply with all of the 14 following: 15 Sec. 34. Section 459A.302, subsection 7, Code 2015, is 16 amended to read as follows: 17 7. The owner of an open feedlot operation using a settled 18 open feedlot effluent basin or animal truck wash facility 19 shall inspect the berms of the basin at least semiannually for 20 evidence of erosion. If the inspection reveals erosion which 21 may impact the basin’s structural stability or the integrity of 22 the basin’s liner, the owner shall repair the berms. 23 Sec. 35. Section 459A.303, subsection 2, Code 2015, is 24 amended to read as follows: 25 2. The department commission shall adopt rules establishing 26 requirements for the construction and operation of alternative 27 technology systems. 28 Sec. 36. Section 459A.401, subsection 2, Code 2015, is 29 amended by striking the subsection and inserting in lieu 30 thereof the following: 31 2. Notwithstanding subsection 1, an open feedlot operation 32 that is a concentrated animal feeding operation shall comply 33 with applicable NPDES permit requirements as provided in the 34 federal Water Pollution Control Act, pursuant to rules that 35 -17- LSB 2294HV (3) 86 da/rj 17/ 23

H.F. 583 shall be adopted by the commission. Any rules adopted pursuant 1 to this subsection shall be no more stringent than requirements 2 under the federal Act. 3 Sec. 37. Section 459A.401, Code 2015, is amended by adding 4 the following new subsection: 5 NEW SUBSECTION . 2A. If the open feedlot operation is 6 designed, constructed, and operated in accordance with the 7 requirements of an open feedlot effluent control system as 8 provided in rules adopted by the commission, the operation 9 shall be deemed to be in compliance with this section, unless a 10 discharge from the operation causes a violation of state water 11 quality standards as provided in chapter 455B, division III. 12 Sec. 38. Section 459A.401, subsection 3, paragraph a, Code 13 2015, is amended to read as follows: 14 a. (1) The open feedlot operation shall not discharge 15 open feedlot effluent from an open feedlot operation structure 16 into any waters of the United States, unless the discharge is 17 pursuant to an operating a NPDES permit. 18 (2) The open feedlot operation shall not be required to be 19 issued an operating a NPDES permit if the operation does not 20 discharge open feedlot effluent into any waters of the United 21 States. 22 Sec. 39. NEW SECTION . 459A.404 Animal truck wash facility 23 —— construction regulations. 24 1. a. An animal truck wash effluent basin shall not 25 be constructed, including expanded, within one thousand 26 two hundred fifty feet from a residence not owned by the 27 titleholder of the animal truck wash facility, a commercial 28 enterprise, a bona fide religious institution, an educational 29 institution, or a public use area, as those terms are defined 30 in section 459.102, and as provided in rules adopted by the 31 commission pursuant to section 459.103, and as provided in 32 rules adopted by the commission pursuant to section 459A.104. 33 b. An animal truck wash effluent basin shall not be 34 constructed or expanded within one hundred feet from a public 35 -18- LSB 2294HV (3) 86 da/rj 18/ 23

H.F. 583 thoroughfare as defined in section 459.102. 1 c. Paragraph “a” does not apply if a residence, educational 2 institution, commercial enterprise, or bona fide religious 3 institution was constructed or expanded, or if the boundaries 4 of the public use area were expanded, after the date that the 5 animal truck wash facility was established. The date the 6 animal truck wash facility was established is the date on which 7 the animal truck wash facility commenced operating. A change 8 in ownership or expansion of the animal truck wash facility 9 shall not change the established date of operation. 10 d. Paragraph “a” or “b” does not apply if the titleholder of 11 the land benefiting from the separation distance requirement, 12 including a person so authorized by the titleholder, executes 13 a written waiver with the titleholder of the land where the 14 animal truck wash effluent basin is located. The basin shall 15 be constructed or expanded under such terms and conditions that 16 the parties negotiate. The state or a political subdivision 17 constructing or maintaining the public thoroughfare benefiting 18 from the separation distance requirement may execute a written 19 waiver with the titleholder of the land where the basin 20 is located. The animal truck wash effluent basin shall be 21 constructed or expanded under such terms and conditions that 22 the parties negotiate. 23 e. An unformed animal truck wash effluent basin shall not be 24 constructed or expanded within the following minimum separation 25 distances from any of the following: 26 (1) One thousand feet from a public shallow well. 27 (2) Four hundred feet from a public deep well. 28 (3) Four hundred feet from a private well. 29 2. a. Any separation distance required for a confinement 30 feeding operation structure and a location or object specified 31 in section 459.310, subsection 1, shall also apply to an animal 32 truck wash effluent basin and that same location or object. 33 b. Any requirement, qualification, or exception that 34 applies to a separation distance required for a confinement 35 -19- LSB 2294HV (3) 86 da/rj 19/ 23

H.F. 583 feeding operation structure and a location or object specified 1 in section 459.310, subsection 1, shall also apply to the 2 separation distance required for an animal truck wash effluent 3 basin and that same location or object. 4 3. An animal truck wash effluent basin shall not be 5 constructed, including expanded, on land that is part of a 6 one hundred year floodplain as designated by rules adopted 7 by the commission pursuant to section 459A.104. The rules 8 shall correspond to rules adopted pursuant to section 459.310, 9 subsection 2. 10 4. A person shall not construct or expand an unformed animal 11 truck wash effluent basin within an agricultural drainage well 12 area as provided in section 460.205. 13 5. A person shall not construct an unformed animal truck 14 wash effluent basin on karst terrain or on an area that drains 15 into a known sinkhole. However, a person may construct an 16 animal truck wash effluent basin if there is a twenty-five 17 foot vertical separation distance between the bottom of the 18 basin and underlying limestone, dolomite, or other soluble 19 rock as documented in the engineering report submitted to the 20 department pursuant to section 459A.205. 21 Sec. 40. Section 459A.410, Code 2015, is amended to read as 22 follows: 23 459A.410 Effluent application requirements. 24 1. Open feedlot effluent or animal truck wash effluent 25 shall be applied in a manner which does not cause surface water 26 or groundwater pollution. Application in accordance with 27 the provisions of state law, including this chapter , rules 28 adopted pursuant to the provisions of state law, including this 29 chapter , and guidelines adopted pursuant to this chapter , shall 30 be deemed as compliance with this section . 31 2. The commission shall adopt rules establishing 32 requirements for the application of animal truck wash effluent, 33 including minimum separation distances between locations 34 or objects identified in such rules, and requirements for 35 -20- LSB 2294HV (3) 86 da/rj 20/ 23

H.F. 583 application rates. 1 Sec. 41. Section 459A.411, Code 2015, is amended to read as 2 follows: 3 459A.411 Discontinuance of operations. 4 The owner of an open feedlot operation or animal truck wash 5 facility who discontinues the use of the its operation shall 6 remove all open feedlot effluent from related open feedlot 7 operation structures or animal truck wash effluent basins used 8 to store open feedlot effluent, as soon as practical but not 9 later than six months following the date the operations of 10 the open feedlot operation or animal truck wash facility is 11 discontinued. 12 EXPLANATION 13 The inclusion of this explanation does not constitute agreement with 14 the explanation’s substance by the members of the general assembly. 15 GENERAL. This bill amends the “Animal Agriculture 16 Compliance Act for Open Feedlot Operations” (Code chapter 459A) 17 which authorizes the department of natural resources (DNR) 18 to regulate open feedlot operations. Generally, the bill 19 provides for the regulation of an animal truck wash facility 20 (facility) which engages in washing certain trucks transporting 21 animals (cattle, swine, horses, sheep, chickens, turkeys, 22 or fish) and collecting and storing the resulting animal 23 effluent in an animal truck wash effluent basin (basin). The 24 bill’s provisions regulating such facilities and the resulting 25 effluent are closely related to the regulation of settled open 26 feedlot effluent basins which are impoundments used to collect 27 and store effluent, including solids, and the application of 28 effluent from those operations. 29 DOCUMENTS. The bill requires the owner of a facility 30 to submit a number of different documents for departmental 31 approval, including an application for a permit and associated 32 statements required to construct a basin. These include a 33 nutrient management plan that addresses restrictions on the 34 land application of effluent; a soils and hydrogeologic report; 35 -21- LSB 2294HV (3) 86 da/rj 21/ 23

H.F. 583 and a construction certification authenticated by a licensed 1 professional engineer (Code sections 459A.102, 459A.205, and 2 459A.206). 3 CONSTRUCTION STANDARDS. The bill establishes construction 4 design standards for basins, requires separation distances 5 between a basin and certain locations or objects, including 6 residences, commercial enterprises, bona fide religious 7 institutions, educational institutions, public use areas, 8 public thoroughfares, surface intakes of agricultural drainage 9 wells, wellheads, cisterns of agricultural drainage wells, 10 known sinkholes, lakes, rivers, reservoirs, creeks, streams, 11 ditches, and wells. The bill restricts basins from being 12 constructed on karst terrain based on requirements in Code 13 chapter 459 regulating confinement feeding operations (Code 14 section 459A.404). The bill also requires special provisions 15 for tile lines, and restricts construction within a distance 16 from bedrock and on floodplains (Code section 459A.302). 17 OPERATING PERMITS FOR OPEN FEEDLOTS. The bill eliminates 18 a provision requiring an open feedlot to operate pursuant to 19 an operating permit issued by the department (Code section 20 459A.401) so long as the operation obtains a so-called 21 NPDES permit under the federal national pollutant discharge 22 elimination system program. 23 STOCKPILING AND APPLICATION REQUIREMENTS. The bill places 24 restrictions upon the stockpiling of solids from effluent (Code 25 section 459A.403) and the land application of effluent. Such 26 application cannot cause surface water or groundwater pollution 27 (Code section 459A.410). The bill requires the department to 28 establish requirements for application of effluent including by 29 establishing separation distances required between the site of 30 application and locations and objects identified by the rules. 31 DISCONTINUANCE. The owner of a facility must remove 32 effluent after the operation of the facility is discontinued 33 (Code section 459A.411). 34 SMALL ANIMAL TRUCK WASH FACILITY —— EXEMPTION. The bill 35 -22- LSB 2294HV (3) 86 da/rj 22/ 23

H.F. 583 exempts a small animal truck wash facility from many of the 1 bill’s requirements. A small animal truck wash facility is 2 an animal truck wash facility that satisfies two conditions: 3 (1) The facility and all single-unit trucks, truck-tractors, 4 semitrailers, or trailers washed at the facility must be owned 5 by the same person, and (2) the average total per day volume of 6 washwater used by the facility must not exceed 2,000 gallons 7 as calculated on a monthly basis. However, the bill provides 8 that the bill’s provisions continue to apply to a small animal 9 truck wash facility in three instances. First, it applies 10 when the facility is part of a confinement feeding operation 11 required to be constructed under a permit or approval letter 12 issued by DNR, or when the facility is part of an open feedlot 13 operation required to be constructed under a construction 14 permit or operate under a NPDES permit issued by DNR, and the 15 total volume of stored effluent is greater than allowed under 16 the relevant permit or letter (Code section 459A.205). Second, 17 the bill’s separation distance requirements continue to apply 18 (new Code section 459A.404). Finally, the general prohibition 19 against applying effluent in a manner that causes surface water 20 or groundwater pollution continues to apply (Code section 21 459A.410). 22 ENFORCEMENT. DNR and the attorney general are responsible 23 for enforcing the provisions of the bill (Code section 24 459A.501). 25 PENALTIES. A person who is in violation of the 26 prohibition would be subject to a civil penalty, that may be 27 administratively assessed by the department, in an amount of 28 not more than $10,000 (Code sections 459A.502 and 455B.109), or 29 judicially assessed for an amount not more than $5,000 per each 30 day of the violation (Code sections 459A.502 and 455B.191). 31 Collected moneys would be deposited into the watershed 32 improvement fund (Code sections 459A.502 and 466A.2). 33 -23- LSB 2294HV (3) 86 da/rj 23/ 23