H.F. 327 DIVISION I 1 ANIMAL AGRICULTURE COMPLIANCE ACT 2 Section 1. Section 459.311, Code 2017, is amended by adding 3 the following new subsection: 4 NEW SUBSECTION . 6. A person stockpiling dry manure shall 5 comply with applicable requirements of the national pollutant 6 discharge elimination system pursuant to the federal Water 7 Pollution Control Act, 33 U.S.C. ch. 26, as amended, and 40 8 C.F.R. pts. 122 and 412. 9 Sec. 2. Section 459.311B, subsection 1, unnumbered 10 paragraph 1, Code 2017, is amended to read as follows: 11 A person shall not stockpile dry manure within the following 12 separation distances from any of the following: 13 Sec. 3. Section 459.311C, Code 2017, is amended to read as 14 follows: 15 459.311C Stockpiling dry manure on terrain other than karst 16 terrain. 17 A person stockpiling shall not stockpile dry manure on 18 terrain, other than karst terrain, for more than fifteen 19 consecutive days shall comply with any of the following: 20 1. Stockpile unless the person stockpiles the dry manure by 21 using any of the following: 22 a. 1. A qualified stockpile structure. 23 b. 2. A qualified stockpile cover. However, the person 24 shall not stockpile dry manure using a qualified stockpile 25 cover at a long-term stockpile location unless the person 26 stockpiles the dry manure on compacted soil, compacted granular 27 aggregates, asphalt, concrete, or other similar materials. 28 2. Deliver a stockpile inspection statement to the 29 department as follows: 30 a. The department must receive the statement by the 31 fifteenth day of each month. 32 b. The stockpile inspection statement shall provide the 33 location of the stockpile and document the results of an 34 inspection conducted by the person during the previous month. 35 -1- LSB 2315YH (8) 87 da/rj 1/ 16

H.F. 327 The inspection must evaluate whether precipitation-induced 1 runoff is draining away from the stockpile and, if so, describe 2 actions taken to prevent the runoff. If an inspection by the 3 department documents that precipitation-induced runoff is 4 draining away from a stockpile, the person shall immediately 5 remove dry manure from the stockpile in compliance with this 6 chapter or comply with all directives of the department to 7 prevent the runoff. 8 c. The stockpile inspection statement must be in writing and 9 may be on a form prescribed by the department. 10 Sec. 4. Section 459.311E, Code 2017, is amended to read as 11 follows: 12 459.311E Stockpiling —— required practices water quality —— 13 removal and application . 14 1. A person stockpiling dry manure shall comply with 15 applicable requirements of the national pollutant discharge 16 elimination system pursuant to the federal Water Pollution 17 Control Act , 33 U.S.C. ch. 26, as amended , and 40 C.F.R. pts. 18 122 and 412 . 19 2. A person stockpiling dry manure shall remove the dry 20 manure and apply it in accordance with the provisions of this 21 chapter , including but not limited to section 459.311 , within 22 six months after the dry manure is first stockpiled. 23 Sec. 5. Section 459.319, Code 2017, is amended to read as 24 follows: 25 459.319 Exception from regulation —— stockpiling. 26 1. This Except as provided in subsection 2, this subchapter 27 shall not apply to a person who stockpiles dry manure if the 28 stockpile’s dry manure originates from a confinement feeding 29 operation that was constructed prior to January 1, 2006 , unless 30 the confinement feeding operation is expanded after that date . 31 2. Subsection 1 does not The stockpiling requirements of 32 this subchapter do apply to any all of the following: 33 a. A person who stockpiles dry manure in violation of 34 section 459.311 . 35 -2- LSB 2315YH (8) 87 da/rj 2/ 16

H.F. 327 b. A stockpile where precipitation-induced runoff has 1 drained away. 2 c. A stockpile consisting of dry manure that originates from 3 a confinement feeding operation that is expanded on or after 4 January 1, 2006. 5 DIVISION II 6 OPEN FEEDLOT OPERATIONS AND ANIMAL TRUCK WASH FACILITIES 7 Sec. 6. Section 459A.102, Code 2017, is amended by adding 8 the following new subsections: 9 NEW SUBSECTION . 9A. “Commercial enterprise” means the same 10 as defined in section 459.102. 11 NEW SUBSECTION . 16A. “Educational institution” means the 12 same as defined in section 459.102. 13 NEW SUBSECTION . 22A. “Long-term stockpile location” means 14 an area where a person stockpiles solids for more than six 15 months in any two-year period. 16 NEW SUBSECTION . 31A. “Public use area” means the same as 17 defined in section 459.102. 18 NEW SUBSECTION . 31B. “Qualified stockpile cover” means the 19 same as defined in section 459.102. 20 NEW SUBSECTION . 31C. “Qualified stockpile structure” means 21 the same as defined in section 459.102. 22 NEW SUBSECTION . 31D. “Religious institution” means the same 23 as defined in section 459.102. 24 NEW SUBSECTION . 39A. “Stockpile solids” means to create or 25 add to a stockpile. 26 Sec. 7. Section 459A.102, subsection 14, Code 2017, is 27 amended to read as follows: 28 14. “Designated area” means a known sinkhole, a cistern, 29 an abandoned well, an unplugged agricultural drainage well, 30 an agricultural drainage well surface inlet, a drinking water 31 well, a designated wetland, or a water source. However, 32 “designated area” does not include a terrace tile inlet or 33 surface tile inlet other than an agricultural drainage well 34 surface tile inlet the same as defined in section 459.102 . 35 -3- LSB 2315YH (8) 87 da/rj 3/ 16

H.F. 327 Sec. 8. NEW SECTION . 459A.402A Stockpiling solids allowed 1 —— general. 2 A person may stockpile solids so long as the person 3 stockpiles the solids in compliance with restrictions 4 applicable to stockpiling as provided in this subchapter. 5 Sec. 9. NEW SECTION . 459A.402B Stockpiling solids —— air 6 quality —— minimum separation distance requirements. 7 1. Except as provided in subsection 2, a person shall not 8 stockpile solids within one thousand two hundred fifty feet 9 from a residence not owned by the titleholder of the land, a 10 commercial enterprise, a bona fide religious institution, an 11 educational institution, or a public use area. 12 2. A person may stockpile solids within a separation 13 distance required between the stockpiled solids and an object 14 or location for which separation is required under subsection 15 1, if any of the following apply: 16 a. The titleholder of the land benefiting from the 17 separation distance requirement executes a written waiver with 18 the titleholder of the land where the stockpile is located. 19 b. The stockpiled solids originate from any of the 20 following: 21 (1) A small animal feeding operation. 22 (2) A small animal truck wash facility. 23 c. The stockpile consists of solids originating from any of 24 the following: 25 (1) An open feedlot operation was constructed before 26 January 1, 2006, unless the open feedlot operation is expanded 27 after that date. 28 (2) An animal truck wash facility was constructed before 29 January 1, 2006, unless the animal truck wash facility is 30 expanded after that date. 31 Sec. 10. NEW SECTION . 459A.402C Stockpiling solids —— water 32 quality —— determining single stockpile. 33 For purposes of sections 459A.402D, 459A.403, 459A.403A, 34 459A.403B, and 459A.403C, solids that are stockpiled within a 35 -4- LSB 2315YH (8) 87 da/rj 4/ 16

H.F. 327 distance of one thousand two hundred fifty feet from another 1 stockpile shall be considered part of the same stockpile. 2 Sec. 11. NEW SECTION . 459A.402D Stockpiling solids —— water 3 quality —— minimum requirements for control. 4 1. A person stockpiling solids shall comply with applicable 5 requirements of the national pollutant discharge elimination 6 system pursuant to the federal Water Pollution Control Act, 33 7 U.S.C. ch. 26, as amended, and 40 C.F.R. pts. 122 and 412. 8 2. Stockpiled solids shall be disposed of in a manner 9 which will not cause surface water or groundwater pollution. 10 Disposal shall be deemed as compliance with this requirement if 11 it is in accordance with provisions of state law, including all 12 of the following: 13 a. Disposal of solids under this chapter, including rules 14 and guidelines adopted pursuant to this chapter. 15 b. Disposal of solids in the same manner as stockpiled dry 16 manure in accordance with chapter 459, or rules and guidelines 17 adopted pursuant to that chapter. 18 Sec. 12. Section 459A.403, Code 2017, is amended by striking 19 the section and inserting in lieu thereof the following: 20 459A.403 Stockpiling solids —— water quality —— minimum 21 separation distance requirements and prohibitions. 22 1. A person shall not stockpile solids within the following 23 separation distances from any of the following: 24 a. A terrace tile inlet or surface tile inlet, two hundred 25 feet. However, this paragraph does not apply to a person 26 who stockpiles the solids in a manner that does not allow 27 precipitation-induced runoff to drain from the stockpile to the 28 terrace tile inlet or surface tile inlet. A terrace tile inlet 29 or surface tile inlet does not include a tile inlet that is not 30 directly connected to a tile line that discharges directly into 31 a water of the state. 32 b. (1) A designated area, four hundred feet. However, an 33 increased separation distance of eight hundred feet shall apply 34 to all of the following: 35 -5- LSB 2315YH (8) 87 da/rj 5/ 16

H.F. 327 (a) A high-quality water resource. 1 (b) An agricultural drainage well. 2 (c) A known sinkhole. 3 (2) Subparagraph (1) does not apply to a person 4 who stockpiles solids in a manner that does not allow 5 precipitation-induced runoff to drain from the stockpile to the 6 designated area. 7 2. A person shall not stockpile solids in a grassed 8 waterway. 9 3. A person shall not stockpile solids on land having a 10 slope of more than three percent. However, this subsection 11 shall not apply to a person who stockpiles solids using 12 methods, structures, or practices that contain the stockpile, 13 including but not limited to silt fences, temporary earthen 14 berms, or other effective measures, and that prevent or 15 diminish precipitation-induced runoff from the stockpile. 16 Sec. 13. NEW SECTION . 459A.403A Stockpiling solids —— water 17 quality —— terrain other than karst terrain. 18 A person shall not stockpile solids on terrain, other than 19 karst terrain, for more than fifteen consecutive days unless 20 the person stockpiles the solids by using any of the following: 21 1. A qualified stockpile structure. 22 2. A qualified stockpile cover. However, the person shall 23 not stockpile solids using a qualified stockpile cover at a 24 long-term stockpile location unless the person stockpiles 25 the solids on compacted soil, compacted granular aggregates, 26 asphalt, concrete, or other similar materials. 27 Sec. 14. NEW SECTION . 459A.403B Stockpiling solids —— water 28 quality —— karst terrain. 29 A person stockpiling solids on karst terrain shall comply 30 with all of the following: 31 1. The person shall stockpile the solids at a location 32 where there is a vertical separation distance of at least five 33 feet between the bottom of the stockpile and the underlying 34 limestone, dolomite, or other soluble rock. 35 -6- LSB 2315YH (8) 87 da/rj 6/ 16

H.F. 327 2. A person who stockpiles the solids for more than fifteen 1 consecutive days shall use any of the following: 2 a. A qualified stockpile structure. 3 b. A qualified stockpile cover. However, the person shall 4 not stockpile solids using a qualified stockpile cover at a 5 long-term stockpile location unless the stockpile is located on 6 reinforced concrete at least five inches thick. 7 Sec. 15. NEW SECTION . 459A.403C Stockpiling solids —— water 8 quality —— removal and application. 9 1. A person stockpiling solids shall remove the solids and 10 apply them in accordance with the provisions of this chapter, 11 including but not limited to section 459A.402D within six 12 months after the solids are first stockpiled. 13 2. A person shall only apply stockpiled solids in the same 14 manner as stockpiled dry manure is required to be applied under 15 chapter 459, including on snow-covered ground or frozen ground 16 as provided in section 459.313A and in close proximity to a 17 designated area in the same manner as stockpiled dry manure is 18 required to be applied under section 459.314. 19 Sec. 16. NEW SECTION . 459A.403D Stockpiling solids —— water 20 quality —— exception from regulation. 21 1. Except as provided in subsection 2, sections 459A.402A, 22 459A.402C, 459A.403, 459A.403A, 459A.403B, and 459A.403C shall 23 not apply to a person who stockpiles solids if the stockpile’s 24 solids originate from an open feedlot operation or an animal 25 truck wash facility that was constructed prior to January 1, 26 2006. 27 2. The stockpiling requirements of the sections referred to 28 in subsection 1 do apply to all of the following: 29 a. A stockpile where precipitation-induced runoff has 30 drained away. 31 b. A stockpile consisting of solids originated from an open 32 feedlot operation or an animal truck wash facility that is 33 expanded on or after January 1, 2006. 34 Sec. 17. Section 459A.502, Code 2017, is amended to read as 35 -7- LSB 2315YH (8) 87 da/rj 7/ 16

H.F. 327 follows: 1 459A.502 Violations —— civil penalty. 2 A person who violates section 459A.402B shall be subject 3 to the same penalty as provided in section 459.602, and a 4 person who violates any other provision of this chapter shall 5 be subject to a civil penalty which shall be established, 6 assessed, and collected in the same manner as provided in 7 section 455B.191 . Any collected civil penalty and interest on 8 a civil penalty shall be credited to the Iowa nutrient research 9 fund created in section 466B.46 . A person shall not be subject 10 to a penalty under this section and a penalty under section 11 459.603 for the same violation. 12 DIVISION III 13 DRY BEDDED CONFINEMENT FEEDING OPERATIONS 14 Sec. 18. Section 459B.102, Code 2017, is amended by adding 15 the following new subsections: 16 NEW SUBSECTION . 19A. “Long-term stockpile location” means 17 an area where a person stockpiles dry bedded manure for more 18 than six months in any two-year period. 19 NEW SUBSECTION . 23A. “Qualified stockpile cover” means the 20 same as defined in section 459.102. 21 NEW SUBSECTION . 23B. “Qualified stockpile structure” means 22 the same as defined in section 459.102. 23 NEW SUBSECTION . 23C. “Religious institution” means the same 24 as defined in section 459.102. 25 NEW SUBSECTION . 23D. “Small animal feeding operation” means 26 the same as defined in section 459.102. 27 NEW SUBSECTION . 24A. “Stockpile dry bedded manure” means to 28 create or add to a stockpile. 29 Sec. 19. NEW SECTION . 459B.300 Stockpiling dry bedded 30 manure allowed —— general. 31 A person may stockpile dry bedded manure so long as the 32 person stockpiles the dry bedded manure in compliance with 33 restrictions applicable to stockpiling as provided in this 34 subchapter. 35 -8- LSB 2315YH (8) 87 da/rj 8/ 16

H.F. 327 Sec. 20. Section 459B.301, unnumbered paragraph 1, Code 1 2017, is amended by striking the unnumbered paragraph. 2 Sec. 21. Section 459.301, subsection 2, Code 2017, is 3 amended by adding the following new paragraph: 4 NEW PARAGRAPH . c. The stockpile consists of dry bedded 5 manure originating from a dry bedded confinement feeding 6 operation that was constructed before January 1, 2006, unless 7 the dry bedded confinement feeding operation is expanded after 8 that date. 9 Sec. 22. NEW SECTION . 459B.304A Stockpiling dry bedded 10 manure —— water quality —— determining single stockpile. 11 For purposes of sections 459B.307, 459B.307A, 459B.307B, 12 and 459B.307C, dry bedded manure that is stockpiled within a 13 distance of one thousand two hundred fifty feet from another 14 stockpile shall be considered part of the same stockpile. 15 Sec. 23. Section 459B.306, Code 2017, is amended to read as 16 follows: 17 459B.306 Stockpiling —— NPDES requirements dry bedded manure 18 —— water quality —— minimum requirements for control . 19 1. A person stockpiling dry bedded manure shall comply with 20 applicable requirements of the national pollutant discharge 21 elimination system pursuant to the federal Water Pollution 22 Control Act, 33 U.S.C. ch. 26, as amended, and 40 C.F.R. pts. 23 122 and 412 . 24 2. Stockpiled dry bedded manure shall be disposed of in 25 a manner which will not cause surface water or groundwater 26 pollution. Disposal shall be deemed as compliance with this 27 requirement if it is in accordance with the provisions of state 28 law, including the following: 29 a. Disposal of dry bedded manure under this chapter, 30 including rules and guidelines adopted pursuant to this 31 chapter. 32 b. Disposal of stockpiled dry bedded manure in accordance 33 with chapter 459, or rules and guidelines adopted pursuant to 34 that chapter. 35 -9- LSB 2315YH (8) 87 da/rj 9/ 16

H.F. 327 Sec. 24. Section 459B.307, Code 2017, is amended by striking 1 the section and inserting in lieu thereof the following: 2 459B.307 Stockpiling dry bedded manure —— water quality —— 3 minimum separation distance requirements and prohibitions. 4 1. A person shall not stockpile dry bedded manure within the 5 following distances from any of the following: 6 a. A terrace tile inlet or surface tile inlet, two hundred 7 feet. However, this paragraph does not apply to a person who 8 stockpiles the dry bedded manure in a manner that does not 9 allow precipitation-induced runoff to drain from the stockpile 10 to the terrace tile inlet or surface tile inlet. A terrace 11 tile inlet or surface tile inlet does not include a tile inlet 12 that is not directly connected to a tile line that discharges 13 directly into a water of the state. 14 b. (1) A designated area, four hundred feet. However, an 15 increased separation distance of eight hundred feet shall apply 16 to all of the following: 17 (a) A high-quality water resource. 18 (b) An agricultural drainage well. 19 (c) A known sinkhole. 20 (2) Subparagraph (1) does not apply to a person who 21 stockpiles dry bedded manure in a manner that does not allow 22 precipitation-induced runoff to drain from the stockpile to the 23 designated area. 24 2. A person shall not stockpile dry bedded manure in a 25 grassed waterway. 26 3. A person shall not stockpile dry bedded manure on land 27 having a slope of more than three percent. However, this 28 subsection shall not apply to a person who stockpiles dry 29 bedded manure using methods, structures, or practices that 30 contain the stockpile, including but not limited to silt 31 fences, temporary earthen berms, or other effective measures, 32 and that prevent or diminish precipitation-induced runoff from 33 the stockpile. 34 Sec. 25. NEW SECTION . 459B.307A Stockpiling dry bedded 35 -10- LSB 2315YH (8) 87 da/rj 10/ 16

H.F. 327 manure —— water quality —— terrain other than karst terrain. 1 A person shall not stockpile dry bedded manure on terrain, 2 other than karst terrain, for more than fifteen consecutive 3 days unless the person stockpiles the dry bedded manure by 4 using any of the following: 5 1. A qualified stockpile structure. 6 2. A qualified stockpile cover. However, the person shall 7 not stockpile dry bedded manure using a qualified stockpile 8 cover at a long-term stockpile location unless the person 9 stockpiles the dry bedded manure on compacted soil, compacted 10 granular aggregates, asphalt, concrete, or other similar 11 materials. 12 Sec. 26. NEW SECTION . 459B.307B Stockpiling dry bedded 13 manure —— water quality —— karst terrain. 14 A person stockpiling dry bedded manure on karst terrain 15 shall comply with all of the following: 16 1. The person shall stockpile the dry bedded manure at a 17 location where there is a vertical separation distance of at 18 least five feet between the bottom of the stockpile and the 19 underlying limestone, dolomite, or other soluble rock. 20 2. A person who stockpiles dry bedded manure for more than 21 fifteen consecutive days shall use any of the following: 22 a. A qualified stockpile structure. 23 b. A qualified stockpile cover. However, the person shall 24 not stockpile dry bedded manure using a qualified stockpile 25 cover at a long-term stockpile location unless the stockpile is 26 located on reinforced concrete at least five inches thick. 27 Sec. 27. NEW SECTION . 459B.307C Stockpiling dry bedded 28 manure —— removal and application. 29 1. A person stockpiling dry bedded manure shall remove 30 the dry bedded manure and apply it in accordance with the 31 provisions of section 459B.306 within six months after the dry 32 bedded manure is first stockpiled. 33 2. A person shall only apply stockpiled dry bedded manure 34 in the same manner as stockpiled dry manure is required to be 35 -11- LSB 2315YH (8) 87 da/rj 11/ 16

H.F. 327 applied under chapter 459, including applying dry bedded manure 1 on snow-covered ground or frozen ground as provided in sections 2 459.313A and in close proximity to a designated area in the 3 same manner as stockpiled dry manure is required to be applied 4 under section 459.314. 5 Sec. 28. NEW SECTION . 459B.307D Stockpiling dry bedded 6 manure —— water quality —— exceptions from regulation. 7 1. Except as provided in subsection 2, sections 459B.304A, 8 459B.307, 459B.307A, 459B.307B, and 459B.307C shall not apply 9 to a person who stockpiles dry bedded manure if the stockpile’s 10 dry bedded manure originates from a dry bedded confinement 11 feeding operation that was constructed prior to January 1, 12 2006. 13 2. The stockpiling requirements of the sections referred to 14 in subsection 1 do apply to all of the following: 15 a. A stockpile where precipitation-induced runoff has 16 drained away. 17 b. A stockpile consisting of dry bedded manure originated 18 from a dry bedded confinement feeding operation that is 19 expanded on or after January 1, 2006. 20 Sec. 29. CODE EDITOR DIRECTIVE. 21 1. The Code editor is directed to make the following 22 transfer: section 459B.305 to section 459B.311. 23 2. The Code editor shall correct internal references in the 24 Code and in any enacted legislation as necessary due to the 25 enactment of this section. 26 EXPLANATION 27 The inclusion of this explanation does not constitute agreement with 28 the explanation’s substance by the members of the general assembly. 29 GENERAL —— STOCKPILING. This bill amends three related 30 Code chapters which in part regulate the stockpiling of that 31 part of effluent produced by agricultural animals and which is 32 characterized as “dry” or “solid” (referred to herein as “dry 33 or solid manure”) meaning that it does not flow perceptibly 34 under pressure and is not capable of being transported through 35 -12- LSB 2315YH (8) 87 da/rj 12/ 16

H.F. 327 a mechanical pumping device designed to move a liquid (Code 1 sections 459.102 which refers to dry manure, 459A.102 which 2 refers to solids, and 459B.102 which refers to dry bedded 3 manure) and which originates from animal feeding operations. 4 An animal feeding operation is where agricultural animals 5 are confined and fed and maintained for at least 45 days. 6 The regulations also apply to associated facilities and 7 specifically animal truck wash facilities. 8 GENERAL —— AMENDED CHAPTERS. The bill amends provisions 9 regulating stockpiles in Code chapters 459A and 459B to be 10 the same as or similar as provisions regulating stockpiles 11 contained in Code chapter 459. Code chapter 459 (“Animal 12 Agriculture Compliance Act”) regulates all animal feeding 13 operations but primarily confinement feeding operations where 14 agricultural animals are confined to areas which are totally 15 roofed. Code chapter 459A (“Animal Agriculture Compliance Act 16 for Open Feedlot Operations and Animal Truck Wash Facilities”) 17 regulates open feedlot operations which are unroofed or 18 partially roofed areas where there is no vegetation, and 19 where settleable solids are separated from liquids; and 20 animal truck wash facilities that are used to store effluent 21 including solids after truck-trailers transporting agricultural 22 animals are cleaned. Code chapter 459B (“Animal Agriculture 23 Compliance Act for Dry Bedded Confinement Feeding Operations”) 24 regulates special confinement feeding operations (e.g., hooped 25 structures) in which the effluent is exclusively stored on a 26 dry rather than liquid basis. 27 ALLOWANCE. The bill provides that a person may stockpile dry 28 or solid manure, so long as it complies with legal statutory 29 requirements and rules adopted by the department of natural 30 resources, including provisions which refer to the federal 31 Clean Water Act. 32 AIR QUALITY —— SEPARATION DISTANCE REQUIREMENTS. The bill 33 establishes separation distance requirements established 34 between a stockpile and a residence not owned by the 35 -13- LSB 2315YH (8) 87 da/rj 13/ 16

H.F. 327 titleholder of the land, a commercial enterprise, a bona fide 1 religious institution, an educational institution, or a public 2 use area. 3 AIR QUALITY —— EXCEPTIONS. The bill provides exceptions 4 from separation distance requirements in cases where a 5 titleholder of land benefiting from the separation distance 6 signs a waiver, the dry or solid manure originates from a small 7 animal feeding operation or small animal truck wash facility, 8 or the operation or facility was established prior to January 9 1, 2006. 10 WATER QUALITY —— CONSOLIDATION. The bill provides that two 11 stockpiles separated by 1,250 feet or less are considered a 12 single stockpile. 13 WATER QUALITY —— GENERAL. The bill requires a person 14 stockpiling dry or solid manure to comply with applicable 15 requirements of the federal Water Pollution Control Act. In 16 addition, the dry or solid manure must not be disposed of in a 17 manner that will cause surface water or groundwater pollution. 18 WATER QUALITY —— SEPARATION DISTANCE REQUIREMENTS. The bill 19 establishes separation distances between a stockpile and a 20 designated area (sinkhole, cistern, abandoned well, unplugged 21 agricultural drainage well, agricultural drainage well surface 22 inlet, drinking water well, a designated wetland, or a water 23 source) and a high-quality water resource. A stockpile 24 also cannot be located on land having a slope of more than 3 25 percent, unless measures are installed to prevent runoff. 26 WATER QUALITY —— NONKARST AND KARST TERRAIN. The bill 27 prohibits a person from stockpiling dry manure on terrain, 28 other than karst terrain, for more than 15 consecutive days 29 unless the person uses a roofed structure (qualified stockpile 30 structure) or other barrier (qualified stockpile cover). If a 31 cover is used to store dry or solid manure on a long-term basis 32 (more than six months in any two-year period) the ground or 33 flooring must be composed on nonpermeable materials. If the 34 stockpile is located on karst terrain, there must be at least 35 -14- LSB 2315YH (8) 87 da/rj 14/ 16

H.F. 327 a five-foot barrier between the bottom of the stockpile and 1 the underlying limestone, dolomite, or other soluble rock. In 2 addition, if the dry or solid manure is stockpiled for more 3 than 15 days, a qualified stockpile structure or qualified 4 stockpile cover must be used. If a cover is used to store 5 dry or solid manure on a long-term basis, the stockpile must 6 be located on reinforced concrete at least five inches thick. 7 The bill eliminates a provision in Code chapter 459 which 8 requires a stockpile inspection statement be filed with the 9 department. The bill eliminates a provision which applies 10 the same requirements to dry bedded manure stockpiled in an 11 alluvial aquifer. 12 WATER QUALITY —— APPLICATION PRACTICES. The bill requires 13 that dry or solid manure must be removed within six months 14 after it is first stockpiled. It also requires a person to 15 apply the dry or solid manure in the same manner as required in 16 Code chapter 459, including on snow-covered ground or frozen 17 ground and in close proximity to a designated area. 18 WATER QUALITY —— EXCEPTIONS. The provisions of the bill 19 which establish water quality regulations do not apply to 20 operations or facilities constructed prior to January 1, 2006, 21 unless they are expanded. These exceptions do not apply to 22 provisions prohibiting water pollution. 23 CIVIL PENALTIES. Under Code chapter 459, different civil 24 penalties apply to violations involving air quality and water 25 quality. A person who violates a provision regulating air 26 quality is subject to a range of administratively assessed 27 civil penalties based on a number of criteria established 28 by the department. The civil penalty cannot exceed $10,000 29 (Code sections 455B.109 and 459.602). A person who violates 30 a provision regulating water quality is subject to an 31 administratively assessed civil penalty of not more than 32 $10,000 (Code sections 455B.109 and 459.603), or a judicially 33 assessed amount of not more than $5,000 per each day of the 34 violation (Code sections 455B.191 and 459.603). 35 -15- LSB 2315YH (8) 87 da/rj 15/ 16

H.F. 327 The bill provides that a person stockpiling dry manure from 1 an open feedlot operation or an animal truck wash facility who 2 violates the new air quality provision is subject to the same 3 civil penalty that applies to a person stockpiling dry manure 4 from a confinement feeding operation. Otherwise, the person is 5 subject to the same civil penalty as applies to water quality 6 regulations applicable to confinement feeding operations. A 7 person stockpiling dry manure from a dry bedded confinement 8 feeding operation is subject to the same civil penalties that 9 apply to confinement feeding operations violating air or water 10 quality regulations. 11 -16- LSB 2315YH (8) 87 da/rj 16/ 16