Senate File 256 - Introduced SENATE FILE 256 BY BOLKCOM A BILL FOR An Act providing for the application of manure originating 1 from an animal feeding operation, and making penalties 2 applicable. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1710XS (4) 86 da/rj

S.F. 256 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 —— authorized and 13 prohibited —— exceptions. 14 1. A person may apply manure originating from an animal 15 feeding operation on frozen ground, saturated ground, or snow 16 covered ground, except to the extent otherwise provided by 17 applicable requirements in this section, this chapter, or the 18 national pollutant discharge elimination system pursuant to 19 the federal Water Pollution Control Act, 33 U.S.C. ch. 26, as 20 amended, and 40 C.F.R. pts. 122 and 412. 21 2. A person shall not apply liquid manure, originating 22 from a manure storage structure that is part of a confinement 23 feeding operation, on land that is any of the following: 24 a. Frozen ground, saturated ground, or snow-covered ground. 25 b. Located in a five-digit zip code area that is subject to 26 a rainfall event as forecast by the national weather service, 27 immediately prior to the beginning of the rainfall event, 28 predicting a fifty percent or greater probability that the area 29 will receive more than one quarter inch of rain during the 30 rainfall event’s first twenty-four hours. In that case, the 31 person shall not apply the liquid manure for twenty-four hours 32 from the beginning of the rainfall event. 33 3. Subsection 2 does not apply to the application of liquid 34 manure that is any of the following: 35 -1- LSB 1710XS (4) 86 da/rj 1/ 3

S.F. 256 a. Originates from a manure storage structure that is part 1 of a small animal feeding operation. 2 b. Is injected into the soil or incorporated within the soil 3 on the same date as the manure is first applied. 4 EXPLANATION 5 The inclusion of this explanation does not constitute agreement with 6 the explanation’s substance by the members of the general assembly. 7 BILL. This bill allows a person to apply manure originating 8 from an animal feeding operation, unless it is liquid manure 9 originating from a confinement feeding operation. In that 10 case, the bill prohibits the application of such liquid manure 11 on saturated ground as well as on frozen or snow-covered 12 ground regardless of the season. The prohibition also applies 13 and requires a 24-hour delay if the national weather service 14 forecasts rain. The prohibitions do not apply: (1) if the 15 manure originates from a small animal feeding operation or (2) 16 the manure is injected or incorporated. 17 CURRENT LAW. Generally, a person may apply manure 18 originating from an animal feeding operation on snow-covered 19 or frozen ground, except during a period beginning in winter 20 and ending in early spring. However, an exception allows such 21 application if there is an emergency, the manure originates 22 from a small animal feeding operation, or if the manure is 23 injected or incorporated. The prohibition is enforced by the 24 department of natural resources. 25 TERMS. An “animal feeding operation” is a place where 26 animals (cattle, swine, horses, sheep, chickens, turkeys, 27 or fish) are confined for 45 or more days in a 12-month 28 period. A “confinement feeding operation” is an animal feeding 29 operation in which animals are confined in roofed areas (e.g., 30 buildings). A small animal feeding operation uses a formed 31 manure storage that has less than a 500 animal unit capacity 32 (e.g., 1,250 head of hogs weighing more than 55 pounds). 33 Injection is the process of applying manure beneath the soil 34 surface and incorporation is a process that mixes manure into 35 -2- LSB 1710XS (4) 86 da/rj 2/ 3

S.F. 256 the soil. 1 APPLICABLE PENALTIES. A person who applies liquid manure 2 in violation of the prohibition would be subject to a civil 3 penalty, that may be administratively assessed by the 4 department, in an amount of not more than $10,000 (Code section 5 455B.109), or judicially assessed for an amount not more than 6 $5,000 per each day of the violation (Code section 455B.191). 7 Collected moneys would be deposited into the watershed 8 improvement fund (Code sections 459.603 and 466A.2). 9 -3- LSB 1710XS (4) 86 da/rj 3/ 3