HF 583 (LSB 2294HV (3) 86)

HOUSE FILE 583

BY  COMMITTEE ON AGRICULTURE

(SUCCESSOR TO HF 425)

A BILL FOR

An Act relating to the control of effluent from animal truck wash facilities, by requiring certain permits, regulating storage and application of effluent, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 459A.101, Code 2015, is amended to read as follows:
   459A.101  Title.

   This chapter shall be known and may be cited as the “Animal Agriculture Compliance Act for Open Feedlot Operations” Operations and Animal Truck Wash Facilities”.
    Sec. 2.  Section 459A.102, Code 2015, is amended by adding the following new subsections:
   NEW SUBSECTION.  3A.  “Animal truck wash effluent” means a combination of manure, washwater-induced runoff, or other runoff derived from an animal truck wash facility before its solids have been removed.
   NEW SUBSECTION.  3B.  “Animal truck wash effluent basin” means an impoundment which is part of an animal truck wash facility, if the primary function of the impoundment is to collect and store animal truck wash effluent. “Animal truck wash effluent basin” does not include a storage structure as defined in section 459.102.
   NEW SUBSECTION.  3C.  “Animal truck wash facility” means an operation engaged in washing single-unit trucks, truck-tractors, semitrailers, or trailers used to transport animals.
   NEW SUBSECTION.  6A.  “Basin” means any of the following:
   a.  A settled open feedlot effluent basin.
   b.  An animal truck wash effluent basin.
   NEW SUBSECTION.  7A.  “Concentrated animal feeding operation” means the same as defined in 40 C.F.R. §122.23.
   NEW SUBSECTION.  7B.  “Confinement feeding operation” means the same as defined in section 459.102.
   NEW SUBSECTION.  11A.  “Effluent” means open feedlot effluent or animal truck wash effluent.
   NEW SUBSECTION.  11B.  “Federal Water Pollution Control Act”, means the federal Water Pollution Control Act of 1972, 33 U.S.C. ch. 26, as amended, and 40 C.F.R., pts. 122 and 412.
   NEW SUBSECTION.  11C.  “Formed animal truck wash effluent basin” means a covered or uncovered impoundment used to store effluent from an animal truck wash facility, which has walls and a floor constructed of concrete, concrete block, wood, steel, or similar materials.
   NEW SUBSECTION.  13A.  “Manure storage structure” means the same as defined in section 459.102.
   NEW SUBSECTION.  13B.  “NPDES permit” means a permit issued by the department under the national pollutant discharge elimination system pursuant to the federal Water Pollution Control Act of 1972, 33 U.S.C. ch. 26, as amended, and 40 C.F.R. pts. 122 and 412.
   NEW SUBSECTION.  19A.  “Owner” means a person who holds legal or equitable title to any of the following:
   a.  The property where an open feedlot operation or animal truck wash facility is located.
   b.  An open feedlot operation structure which is part of an open feedlot operation or an animal truck wash effluent basin which is part of an animal truck wash facility.
   NEW SUBSECTION.  19B.  “Professional engineer” means the same as defined in section 459.102.
   NEW SUBSECTION.  23A.  “Small animal truck wash facility” means an animal truck wash facility, if all of the following apply: 
   a.  The animal truck wash facility and all single-unit trucks, truck-tractors, semitrailers, or trailers that are washed at the facility are owned by the same person.
   b.  The average total per day volume of washwater used by the animal truck wash facility does not exceed two thousand gallons as calculated on a monthly basis.
   NEW SUBSECTION.  23B.  a.  “Solids” means that portion of effluent that meets all of the following requirements:
   (1)  Does not flow perceptibly under pressure.
   (2)  Is not capable of being transported through a mechanical pumping device designed to move a liquid.
   (3)  The constituent molecules do not flow freely among themselves but do show the tendency to separate under stress.
   b.  “Solids” includes settleable solids and scraped solids.
   NEW SUBSECTION.  25A.  “Structure” means any of the following:
   a.  An open feedlot operation structure.
   b.  An animal truck wash effluent basin.
   NEW SUBSECTION.  25B.  “Unformed animal truck wash effluent basin” means a covered or uncovered impoundment used to store animal truck wash effluent, other than a formed animal truck wash effluent basin.
    Sec. 3.  Section 459A.102, subsections 14, 16, 23, and 25, Code 2015, are amended to read as follows:
   14.  “Nutrient management plan” or “plan” means a plan which provides for the management of open feedlot effluent, or animal truck wash effluent, including the application of effluent as provided in section 459A.208.
   16.  “Open feedlot effluent” or “effluent” means a combination of manure, precipitation-induced runoff, or other runoff from an open feedlot before its settleable solids have been removed.
   23.  “Settled open feedlot effluent basin” or “basin” means an impoundment which is part of an open feedlot operation, if the primary function of the impoundment is to collect and store settled open feedlot effluent.
   25.  “Stockpile” means to store solids from an any of the following: 
   a.  An open feedlot operation outside of an open feedlot operation structure, or outside of an area that drains to an open feedlot operation structure.
   b.  An animal truck wash facility, outside an animal truck wash facility, or outside an area that drains to an animal truck wash facility.
    Sec. 4.  Section 459A.102, subsections 19 and 21, Code 2015, are amended by striking the subsections.
    Sec. 5.  Section 459A.103, subsection 3, paragraph b, Code 2015, is amended to read as follows:
   b.  Notwithstanding paragraph “a”, only for purposes of determining whether an open feedlot operation must obtain an operating a NPDES permit, the animal unit capacity of the animal feeding operation includes the animal unit capacities of both the open feedlot operation and the confinement feeding operation if the animals in the open feedlot operation and the confinement feeding operation are all in the same category or type of animals as used in the definitions of large and medium concentrated animal feeding operations in 40 C.F.R. pt. 122. In all other respects the confinement feeding operation shall be governed by chapter 459 and the open feedlot operation shall be governed by this chapter.
    Sec. 6.  Section 459A.103, subsection 6, Code 2015, is amended to read as follows:
   6.  The regulation of open feedlot effluent under this chapter shall be construed as also regulating settled open feedlot effluent and solids.
    Sec. 7.  Section 459A.104, Code 2015, is amended to read as follows:
   459A.104  General authority —— commission and department —— purpose —— compliance.
   1.  The commission shall establish by rule adopted pursuant to chapter 17A, requirements relating to the construction, including expansion, or operation of open all of the following: 
   a.  Open feedlot operations, including any related open feedlot operation structures.
   b.  Animal truck wash facilities, including any related animal truck wash effluent basins.
   2.  Any provision referring generally to compliance with the requirements of this chapter as applied to open feedlot operations or animal truck wash facilities also includes compliance with requirements in rules adopted by the commission pursuant to this section, orders issued by the department as authorized under this chapter, and the terms and conditions applicable to licenses, certifications, permits, or nutrient management plans required under this chapter.
   3.  a.  The purpose of this chapter is to provide requirements relating to the construction, including the expansion, and operation of open all of the following: 
   (1)  Open feedlot operations, and the control of open feedlot effluent, which. 
   (2)  Animal truck wash facilities, and the control of animal truck wash effluent.
   b.  The provisions of this chapter shall be construed to supplement applicable provisions of chapter 459. If there is a conflict between the provisions of this chapter and chapter 459, the provisions of this chapter shall prevail.
    Sec. 8.  Section 459A.105, Code 2015, is amended to read as follows:
   459A.105  Exception to regulation.
   1.  a.  Except as provided in subsection 2 paragraph “b”, the requirements of this chapter which regulate open feedlot operations, including rules adopted by the department commission pursuant to section 459A.104, shall not apply to research activities and experiments performed under the authority and regulations of a research college, if the research activities and experiments relate to an open feedlot operation structure or the disposal or treatment of effluent originating from an open feedlot operation.
   2.  b.  The requirements of section 459A.410, including rules adopted by the department commission under that section, apply to research activities and experiments performed under the authority and regulations of a research college.
   2.  a.  Except as provided in paragraph “b”, the requirements of this chapter, including rules adopted by the commission pursuant to section 459A.104, shall not apply to a small animal truck wash facility.
   b.  The requirements of section 459A.205, subsection 4A, paragraph “c”, and sections 459A.404 and 459A.410, including rules adopted by the commission under those provisions, apply to a small animal truck wash facility.
    Sec. 9.  Section 459A.201, subsection 3, paragraph b, Code 2015, is amended to read as follows:
   b.  (1)  A nutrient management plan as provided in section 459A.208 shall be approved or disapproved as part of a construction permit application pursuant to section 459A.205.
   (2)  If For an open feedlot operation, if the nutrient management plan is not part of an application for a construction permit, the nutrient management plan shall be approved or disapproved within sixty days from the date that the department receives the nutrient management plan.
    Sec. 10.  Section 459A.205, subsection 1, Code 2015, is amended to read as follows:
   1.  a.  The department shall approve or disapprove applications for permits for the construction, including the expansion, of settled the following structures: 
   (1)  Settled open feedlot effluent basins and alternative technology systems, which are part of open feedlot operations as provided in this chapter.
   (2)  Animal truck wash effluent basins which are part of animal truck wash facilities as provided in this chapter.
   b.  The department’s decision to approve or disapprove a permit for the construction of a basin or alternative system structure described in paragraph “a” shall be based on whether the application is submitted according to procedures and standards required by this chapter. A person shall not begin construction of a basin or alternative system requiring a permit such a structure under this section, unless the department first approves the person’s application and issues to the person a construction permit.
    Sec. 11.  Section 459A.205, subsection 3, Code 2015, is amended to read as follows:
   3.  The department shall not approve an An application for a construction permit unless the applicant submits shall include all of the following:
   a.  For an open feedlot operation submitting an application for a construction permit on or after April 30, 2007, a A nutrient management plan as provided in section 459A.208.
   b.  An engineering report, construction plans, and specifications prepared by a licensed professional engineer or the natural resources conservation service of the United States department of agriculture certifying. 
   (1)  For an open feedlot operation, the professional engineer must certify that the construction of the settled open feedlot effluent basin or alternative technology system complies with the construction design standards required in this chapter.
   (2)  For an animal truck wash facility, the professional engineer must certify that the construction of the animal truck wash effluent basin complies with the construction design standards required in this chapter. However, an animal truck wash facility electing to use a formed animal truck wash effluent basin, in lieu of an engineering report, may submit a construction design statement that meets the requirements of sections 459A.306 and 459A.307.
    Sec. 12.  Section 459A.205, subsection 4, unnumbered paragraph 1, Code 2015, is amended to read as follows:

   An For an open feedlot operation, must be issued a construction permit must be issued prior to any of the following:
    Sec. 13.  Section 459A.205, subsection 4, paragraph a, Code 2015, is amended to read as follows:
   a.  The construction, including expansion, of a settled open feedlot effluent basin or alternative technology system if the open feedlot operation is required to be issued an operating a NPDES permit.
    Sec. 14.  Section 459A.205, subsection 4, paragraph b, unnumbered paragraph 1, Code 2015, is amended to read as follows:

   The When the department has previously issued the open feedlot operation a construction permit and any of the following applies:
    Sec. 15.  Section 459A.205, Code 2015, is amended by adding the following new subsection:
   NEW SUBSECTION.  4A.  For an animal truck wash facility, a construction permit must be issued prior to any of the following:
   a.  The construction, including expansion, of an animal truck wash effluent basin.
   b.  When the department has previously issued the animal truck wash facility a construction permit and the volume of the animal truck wash effluent would be more than the volume approved by the department in the previous construction permit.
   c.  (1)  When the animal truck wash facility is part of a confinement feeding operation, and all of the following apply:
   (a)  The department has issued a construction permit under section 459.303 or a letter approving a construction design statement in lieu of a construction permit as provided by rules adopted by the commission under section 459.103.
   (b)  The animal truck wash effluent will be added to an existing manure storage structure resulting in a total stored volume greater than that approved in the construction permit or the construction design statement approval letter.
   (2)  When the animal truck wash facility is part of an open feedlot operation, and all of the following apply:
   (a)  The department has issued a construction permit under this section or a NPDES permit under section 459A.401.
   (b)  The animal truck wash effluent will be added to an existing settled open feedlot effluent basin resulting in a total stored volume greater than that approved in the construction permit or NPDES permit.
    Sec. 16.  Section 459A.205, subsection 6, unnumbered paragraph 1, Code 2015, is amended to read as follows:

   The For an open feedlot operation, the application for the a construction permit shall include all of the following:
    Sec. 17.  Section 459A.205, subsection 6, paragraph f, Code 2015, is amended to read as follows:
   f.  An engineering report, construction plans, and specifications prepared by a licensed professional engineer or by the United States natural resources conservation service, for the settled open feedlot operation effluent basin or alternative technology system.
    Sec. 18.  Section 459A.205, subsection 6, paragraph h, subparagraph (3), Code 2015, is amended to read as follows:
   (3)  A public water supply system as defined in section 455B.171 or a drinking water well which is located within a distance from the open feedlot operation as prescribed by rules adopted by the department commission.
    Sec. 19.  Section 459A.205, subsection 6, paragraph i, subparagraphs (1) and (3), Code 2015, are amended to read as follows:
   (1)  Information showing that the proposed open feedlot operation meets criteria for siting as established by rules adopted by the department commission. However, if the site does not meet the criteria, the information shall show substantially equivalent alternatives to meeting such criteria.
   (3)  A conceptual design of the proposed alternative technology system, as developed by a licensed professional engineer.
    Sec. 20.  Section 459A.205, Code 2015, is amended by adding the following new subsection:
   NEW SUBSECTION.  6A.  For an animal truck wash facility, the application for the construction permit shall include all of the following:
   a.  The name of the owner of the animal truck wash facility and the name of the animal truck wash facility, including a mailing address and telephone number for the owner and the animal truck wash facility.
   b.  The name of the contact person for the animal truck wash facility, including the person’s mailing address and telephone number.
   c.  The location of the animal truck wash facility.
   d.  A statement providing that the application is for any of the following:
   (1)  The construction or expansion of an animal truck wash effluent basin for an existing animal truck wash facility which is not expanding.
   (2)  The construction or expansion of an animal truck wash effluent basin for an existing animal truck wash facility which is expanding.
   (3)  The construction of an animal truck wash effluent basin for a proposed new animal truck wash facility.
   e.  An engineering report, construction plans, and specifications prepared by a professional engineer or by the United States natural resources conservation service, for the animal truck effluent basin.
   (1)  The engineering report must demonstrate that the storage capacity of its animal truck wash effluent basin is equal to or greater than the amount of effluent to be stored for any six-month period, in addition to two feet of freeboard.
   (2)  If an animal truck wash effluent basin is to be constructed on karst terrain, the engineering report must establish that the construction complies with the requirements of section 459A.404.
   f.  A soils and hydrogeologic report of the site, as required in section 459A.206.
   g.  Information, including but not limited to maps, drawings, and aerial photos that clearly show the location of the animal truck wash facility and all animal truck wash effluent basins.
    Sec. 21.  Section 459A.205, subsection 7, paragraph a, unnumbered paragraph 1, Code 2015, is amended to read as follows:

   Except as provided in paragraph “b”, a construction permit for an open feedlot operation or animal truck wash facility expires as follows:
    Sec. 22.  Section 459A.205, subsection 8, Code 2015, is amended to read as follows:
   8.  The department may suspend or revoke a construction permit, modify the terms or conditions of a construction permit, or disapprove a request to extend the time to begin or complete construction as provided in this section, if it determines that the operation of the open feedlot operation or animal truck wash facility constitutes a clear, present, and impending danger to public health or the environment.
    Sec. 23.  Section 459A.206, subsection 1, Code 2015, is amended to read as follows:
   1.  A settled open feedlot effluent basin or an animal truck wash effluent basin required to be constructed pursuant to a construction permit issued pursuant to section 459A.205 shall meet design standards as required by a soils and hydrogeologic report.
    Sec. 24.  Section 459A.207, subsection 1, unnumbered paragraph 1, Code 2015, is amended to read as follows:

   The owner of an open feedlot operation who is issued a construction permit for a settled open feedlot effluent basin or the owner of an animal truck wash facility who is issued a construction permit for an animal truck wash effluent basin as provided in section 459A.205 after July 1, 2005, shall submit to the department a construction certification from a licensed professional engineer certifying all of the following:
    Sec. 25.  Section 459A.207, subsection 1, paragraph b, Code 2015, is amended to read as follows:
   b.  The basin was inspected by the licensed professional engineer after completion of construction and before commencement of operation.
    Sec. 26.  Section 459A.208, subsections 1, 3, and 4, Code 2015, are amended to read as follows:
   1.  The following persons shall develop and implement a nutrient management plan meeting the requirements of this section:
   a.  The owner of an open feedlot operation which has an animal unit capacity of one thousand animal units or more or which is required to be issued an operating a NPDES permit shall develop and implement a nutrient management plan meeting the requirements of this section.
   b.  The owner of an animal truck wash facility which has an animal truck wash effluent basin.
   3.  a.  A person shall not remove open feedlot effluent from an open feedlot operation structure which is part of an open feedlot operation or animal truck wash effluent from an animal truck wash effluent basin for which a nutrient management plan is required under this section, unless the department approves a nutrient management plan as required in this section. The department 
   b.  Notwithstanding paragraph “a”, the commission may adopt rules allowing a person to remove open feedlot effluent from an open feedlot operation structure or animal truck wash effluent basin until the nutrient management plan is approved or disapproved by the department according to terms and conditions required by rules adopted by the department commission.
   4.  The department shall not approve an application for a permit to construct a settled open feedlot effluent basin or animal truck wash effluent basin, unless the owner of the open feedlot operation or animal truck wash facility, applying for approval submits a nutrient management plan together with the application for the construction permit as provided in section 459A.205. The owner of the open feedlot operation shall also submit proof that the owner has published a notice for public comment as provided in this section. The department shall approve or disapprove the nutrient management plan as provided in section 459A.201.
    Sec. 27.  Section 459A.208, subsection 5, unnumbered paragraph 1, Code 2015, is amended to read as follows:

   Prior For an animal feeding operation, prior to approving or disapproving a nutrient management plan as required in this section, the department may receive comments exclusively to determine whether the nutrient management plan is submitted according to procedures required by the department and that the nutrient management plan complies with the provisions of this chapter.
    Sec. 28.  Section 459A.208, subsections 6, 7, and 9, Code 2015, are amended to read as follows:
   6.  A nutrient management plan must be authenticated by the owner of the open feedlot operation or the owner of the animal truck wash facility as required by the department in accordance with section 459A.201.
   7.  A nutrient management plan shall include all of the following:
   a.  Restrictions on the application of open feedlot effluent or animal truck wash effluent based on all of the following:
   (1)  Calculations necessary to determine the land area required for the application of open feedlot the effluent from an open feedlot operation based on nitrogen use levels in order to obtain optimum crop yields according to a crop schedule specified in the nutrient management plan, and according to requirements adopted by the department.
   (2)  A phosphorus index established pursuant to section 459.312.
   b.  Information relating to the application of the open feedlot effluent, including all of the following:
   (1)  Nutrient levels concentrations of the open feedlot effluent.
   (2)  Application methods, the timing of the application, and the location of the land where the application occurs.
   c.  If the application is on land other than land owned or rented for crop production by the owner of the open feedlot operation, the plan shall include a copy of each written agreement executed by the owner of the open feedlot operation and the landowner or the person renting the land for crop production where the open feedlot effluent may be applied.
   d.  An estimate of the open feedlot effluent volume or weight produced by the open feedlot operation or animal truck wash facility.
   e.  Information which shows all of the following:
   (1)  There is adequate storage for open feedlot effluent or animal truck wash effluent, including procedures to ensure proper operation and maintenance of the storage structures an open feedlot operation structure or animal truck wash effluent basin.
   (2)  The For an animal feeding operation, all of the following: 
   (a)  The proper management of animal mortalities to ensure that animals are not disposed of in an open feedlot operation structure or a treatment system that is not specifically designed to treat animal mortalities.
   (b)  Animals kept in the open feedlot operation do not have direct contact with any waters of the United States.
   (3)  (a)  Surface drainage prior to contact with an open feedlot structure is diverted, as appropriate, from the open feedlot operation.
   (b)  Surface drainage prior to contact with an animal truck wash facility is diverted, as appropriate, from the animal truck wash facility.
   (4)  Animals kept in the open feedlot operation do not have direct contact with any waters of the United States.
   (5)  Chemicals or other contaminants handled on-site are not disposed of in an open feedlot operation structure, an animal truck wash facility, or a treatment system that is not specifically designed to treat such chemicals or contaminants.
   9.  The owner of an open feedlot operation or animal truck wash facility who is required to develop and implement a nutrient management plan shall maintain a current nutrient management plan and maintain records sufficient to demonstrate compliance with the nutrient management plan.
    Sec. 29.  Section 459A.301, Code 2015, is amended to read as follows:
   459A.301  Settled open feedlot effluent basins and animal truck wash effluent basins —— construction design standards —— rules.

   If the department requires that a settled open feedlot effluent basin or animal truck wash effluent basin be constructed according to construction design standards, regardless of whether the department requires the owner to be issued a construction permit under section 459A.205, any construction design standards for the basin shall be established by rules as provided in chapter 17A that exclusively account for special design characteristics of open feedlot operations and related basins or animal truck wash facilities and related basins, including but not limited to the dilute composition of settled open feedlot effluent as collected and stored in the basins.
    Sec. 30.  Section 459A.302, unnumbered paragraph 1, Code 2015, is amended to read as follows:

   A settled open feedlot effluent basin or an animal truck wash effluent basin required to be constructed pursuant to a construction permit issued pursuant to section 459A.205 shall meet all of the following requirements:
    Sec. 31.  Section 459A.302, subsection 1, paragraph a, unnumbered paragraph 1, Code 2015, is amended to read as follows:

   Prior to constructing a settled open feedlot effluent basin or an animal truck wash effluent basin, the site for the basin shall be investigated for a drainage tile line by the owner of the open feedlot operation or animal truck wash facility. The investigation shall be made by digging a core trench to a depth of at least six feet deep from ground level at the projected center of the berm of the basin. If a drainage tile line is discovered, one of the following solutions shall be implemented:
    Sec. 32.  Section 459A.302, subsections 2, 3, 4, and 5, Code 2015, are amended to read as follows:
   2.  a.  The settled open feedlot effluent basin or an animal truck wash effluent basin shall be constructed with a minimum separation of two feet between the top of the liner of the basin and the seasonal high-water table.
   b.  If a drainage tile line around the perimeter of the basin is installed a minimum of two feet below the top of the basin liner to artificially lower the seasonal high-water table, the top of the basin’s liner may be a maximum of four feet below the seasonal high-water table. The seasonal high-water table may be artificially lowered by gravity flow tile lines or other similar system. However, the following shall apply:
   (1)  Except as provided in subparagraph (2), an open feedlot operation or animal truck wash facility shall not use a nongravity mechanical system that uses pumping equipment.
   (2)  If the open feedlot operation was constructed before July 1, 2005, the operation may continue to use its existing nongravity mechanical system that uses pumping equipment or it may construct a new nongravity mechanical system that uses pumping equipment. However, an open feedlot operation that expands the area of its open feedlot on or after April 1, 2011, shall not use a nongravity mechanical system that uses pumping equipment.
   3.  Drainage tile lines may be installed to artificially lower the seasonal high-water table at a settled open feedlot effluent basin or animal truck wash effluent basin, if all of the following conditions are satisfied:
   a.  A device to allow monitoring of the water in the drainage tile lines and a device to allow shutoff of the flow in the drainage tile lines are installed, if the drainage tile lines do not have a surface outlet accessible on the property where the settled open feedlot effluent basin is located.
   b.  Drainage tile lines are installed horizontally at least twenty-five feet away from the settled open feedlot effluent basin. Drainage tile lines shall be placed in a vertical trench and encased in granular material which extends upward to the level of the seasonal high-water table.
   4.  A settled open feedlot effluent basin or animal truck wash effluent basin shall be constructed with at least four feet between the bottom of the basin and a bedrock formation.
   5.  A settled open feedlot effluent basin or animal truck wash effluent basin constructed on a floodplain or within a floodway of a river or stream shall comply with rules of adopted by the department commission.
    Sec. 33.  Section 459A.302, subsection 6, unnumbered paragraph 1, Code 2015, is amended to read as follows:

   The liner of a settled open feedlot effluent basin or animal truck wash effluent basin shall comply with all of the following:
    Sec. 34.  Section 459A.302, subsection 7, Code 2015, is amended to read as follows:
   7.  The owner of an open feedlot operation using a settled open feedlot effluent basin or animal truck wash facility shall inspect the berms of the basin at least semiannually for evidence of erosion. If the inspection reveals erosion which may impact the basin’s structural stability or the integrity of the basin’s liner, the owner shall repair the berms.
    Sec. 35.  Section 459A.303, subsection 2, Code 2015, is amended to read as follows:
   2.  The department commission shall adopt rules establishing requirements for the construction and operation of alternative technology systems.
    Sec. 36.  Section 459A.401, subsection 2, Code 2015, is amended by striking the subsection and inserting in lieu thereof the following:
   2.  Notwithstanding subsection 1, an open feedlot operation that is a concentrated animal feeding operation shall comply with applicable NPDES permit requirements as provided in the federal Water Pollution Control Act, pursuant to rules that shall be adopted by the commission. Any rules adopted pursuant to this subsection shall be no more stringent than requirements under the federal Act.
    Sec. 37.  Section 459A.401, Code 2015, is amended by adding the following new subsection:
   NEW SUBSECTION.  2A.  If the open feedlot operation is designed, constructed, and operated in accordance with the requirements of an open feedlot effluent control system as provided in rules adopted by the commission, the operation shall be deemed to be in compliance with this section, unless a discharge from the operation causes a violation of state water quality standards as provided in chapter 455B, division III.
    Sec. 38.  Section 459A.401, subsection 3, paragraph a, Code 2015, is amended to read as follows:
   a.  (1)  The open feedlot operation shall not discharge open feedlot effluent from an open feedlot operation structure into any waters of the United States, unless the discharge is pursuant to an operating a NPDES permit.
   (2)  The open feedlot operation shall not be required to be issued an operating a NPDES permit if the operation does not discharge open feedlot effluent into any waters of the United States.
    Sec. 39.  NEW SECTION.  459A.404  Animal truck wash facility —— construction regulations.
   1.  a.  An animal truck wash effluent basin shall not be constructed, including expanded, within one thousand two hundred fifty feet from a residence not owned by the titleholder of the animal truck wash facility, a commercial enterprise, a bona fide religious institution, an educational institution, or a public use area, as those terms are defined in section 459.102, and as provided in rules adopted by the commission pursuant to section 459.103, and as provided in rules adopted by the commission pursuant to section 459A.104.
   b.  An animal truck wash effluent basin shall not be constructed or expanded within one hundred feet from a public thoroughfare as defined in section 459.102.
   c.  Paragraph “a” does not apply if a residence, educational institution, commercial enterprise, or bona fide religious institution was constructed or expanded, or if the boundaries of the public use area were expanded, after the date that the animal truck wash facility was established. The date the animal truck wash facility was established is the date on which the animal truck wash facility commenced operating. A change in ownership or expansion of the animal truck wash facility shall not change the established date of operation.
   d.  Paragraph “a” or “b” does not apply if the titleholder of the land benefiting from the separation distance requirement, including a person so authorized by the titleholder, executes a written waiver with the titleholder of the land where the animal truck wash effluent basin is located. The basin shall be constructed or expanded under such terms and conditions that the parties negotiate. The state or a political subdivision constructing or maintaining the public thoroughfare benefiting from the separation distance requirement may execute a written waiver with the titleholder of the land where the basin is located. The animal truck wash effluent basin shall be constructed or expanded under such terms and conditions that the parties negotiate.
   e.  An unformed animal truck wash effluent basin shall not be constructed or expanded within the following minimum separation distances from any of the following:
   (1)  One thousand feet from a public shallow well.
   (2)  Four hundred feet from a public deep well.
   (3)  Four hundred feet from a private well.
   2.  a.  Any separation distance required for a confinement feeding operation structure and a location or object specified in section 459.310, subsection 1, shall also apply to an animal truck wash effluent basin and that same location or object.
   b.  Any requirement, qualification, or exception that applies to a separation distance required for a confinement feeding operation structure and a location or object specified in section 459.310, subsection 1, shall also apply to the separation distance required for an animal truck wash effluent basin and that same location or object.
   3.  An animal truck wash effluent basin shall not be constructed, including expanded, on land that is part of a one hundred year floodplain as designated by rules adopted by the commission pursuant to section 459A.104. The rules shall correspond to rules adopted pursuant to section 459.310, subsection 2.
   4.  A person shall not construct or expand an unformed animal truck wash effluent basin within an agricultural drainage well area as provided in section 460.205.
   5.  A person shall not construct an unformed animal truck wash effluent basin on karst terrain or on an area that drains into a known sinkhole. However, a person may construct an animal truck wash effluent basin if there is a twenty-five foot vertical separation distance between the bottom of the basin and underlying limestone, dolomite, or other soluble rock as documented in the engineering report submitted to the department pursuant to section 459A.205.
    Sec. 40.  Section 459A.410, Code 2015, is amended to read as follows:
   459A.410  Effluent application requirements.
   1.  Open feedlot effluent or animal truck wash effluent shall be applied in a manner which does not cause surface water or groundwater pollution. Application in accordance with the provisions of state law, including this chapter, rules adopted pursuant to the provisions of state law, including this chapter, and guidelines adopted pursuant to this chapter, shall be deemed as compliance with this section.
   2.  The commission shall adopt rules establishing requirements for the application of animal truck wash effluent, including minimum separation distances between locations or objects identified in such rules, and requirements for application rates.
    Sec. 41.  Section 459A.411, Code 2015, is amended to read as follows:
   459A.411  Discontinuance of operations.

   The owner of an open feedlot operation or animal truck wash facility who discontinues the use of the its operation shall remove all open feedlot effluent from related open feedlot operation structures or animal truck wash effluent basins used to store open feedlot effluent, as soon as practical but not later than six months following the date the operations of the open feedlot operation or animal truck wash facility is discontinued.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   GENERAL. This bill amends the “Animal Agriculture Compliance Act for Open Feedlot Operations” (Code chapter 459A) which authorizes the department of natural resources (DNR) to regulate open feedlot operations. Generally, the bill provides for the regulation of an animal truck wash facility (facility) which engages in washing certain trucks transporting animals (cattle, swine, horses, sheep, chickens, turkeys, or fish) and collecting and storing the resulting animal effluent in an animal truck wash effluent basin (basin). The bill’s provisions regulating such facilities and the resulting effluent are closely related to the regulation of settled open feedlot effluent basins which are impoundments used to collect and store effluent, including solids, and the application of effluent from those operations.
   DOCUMENTS. The bill requires the owner of a facility to submit a number of different documents for departmental approval, including an application for a permit and associated statements required to construct a basin. These include a nutrient management plan that addresses restrictions on the land application of effluent; a soils and hydrogeologic report; and a construction certification authenticated by a licensed professional engineer (Code sections 459A.102, 459A.205, and 459A.206).
   CONSTRUCTION STANDARDS. The bill establishes construction design standards for basins, requires separation distances between a basin and certain locations or objects, including residences, commercial enterprises, bona fide religious institutions, educational institutions, public use areas, public thoroughfares, surface intakes of agricultural drainage wells, wellheads, cisterns of agricultural drainage wells, known sinkholes, lakes, rivers, reservoirs, creeks, streams, ditches, and wells. The bill restricts basins from being constructed on karst terrain based on requirements in Code chapter 459 regulating confinement feeding operations (Code section 459A.404). The bill also requires special provisions for tile lines, and restricts construction within a distance from bedrock and on floodplains (Code section 459A.302).
   OPERATING PERMITS FOR OPEN FEEDLOTS. The bill eliminates a provision requiring an open feedlot to operate pursuant to an operating permit issued by the department (Code section 459A.401) so long as the operation obtains a so-called NPDES permit under the federal national pollutant discharge elimination system program.
   STOCKPILING AND APPLICATION REQUIREMENTS. The bill places restrictions upon the stockpiling of solids from effluent (Code section 459A.403) and the land application of effluent. Such application cannot cause surface water or groundwater pollution (Code section 459A.410). The bill requires the department to establish requirements for application of effluent including by establishing separation distances required between the site of application and locations and objects identified by the rules.
   DISCONTINUANCE. The owner of a facility must remove effluent after the operation of the facility is discontinued (Code section 459A.411).
   SMALL ANIMAL TRUCK WASH FACILITY —— EXEMPTION. The bill exempts a small animal truck wash facility from many of the bill’s requirements. A small animal truck wash facility is an animal truck wash facility that satisfies two conditions: (1) The facility and all single-unit trucks, truck-tractors, semitrailers, or trailers washed at the facility must be owned by the same person, and (2) the average total per day volume of washwater used by the facility must not exceed 2,000 gallons as calculated on a monthly basis. However, the bill provides that the bill’s provisions continue to apply to a small animal truck wash facility in three instances. First, it applies when the facility is part of a confinement feeding operation required to be constructed under a permit or approval letter issued by DNR, or when the facility is part of an open feedlot operation required to be constructed under a construction permit or operate under a NPDES permit issued by DNR, and the total volume of stored effluent is greater than allowed under the relevant permit or letter (Code section 459A.205). Second, the bill’s separation distance requirements continue to apply (new Code section 459A.404). Finally, the general prohibition against applying effluent in a manner that causes surface water or groundwater pollution continues to apply (Code section 459A.410).
   ENFORCEMENT. DNR and the attorney general are responsible for enforcing the provisions of the bill (Code section 459A.501).
   PENALTIES. A person who is in violation of the prohibition would be subject to a civil penalty, that may be administratively assessed by the department, in an amount of not more than $10,000 (Code sections 459A.502 and 455B.109), or judicially assessed for an amount not more than $5,000 per each day of the violation (Code sections 459A.502 and 455B.191). Collected moneys would be deposited into the watershed improvement fund (Code sections 459A.502 and 466A.2).