Senate
File
2049
-
Introduced
SENATE
FILE
2049
BY
D.
JOHNSON
A
BILL
FOR
An
Act
requiring
a
notice
of
structural
failure
involving
a
1
manure
storage
structure
that
is
part
of
a
confinement
2
feeding
operation,
making
penalties
applicable,
and
3
including
effective
date
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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Section
1.
NEW
SECTION
.
459.309
Manure
storage
structures
1
——
notice
of
structural
failure.
2
1.
The
owner
or
operator
of
a
confinement
feeding
operation
3
shall
notify
the
department
of
the
structural
failure
of
a
4
manure
storage
structure
that
is
part
of
the
confinement
5
feeding
operation,
regardless
of
whether
it
is
a
failure
in
6
design
or
construction
or
whether
such
failure
may
result
in
a
7
violation
of
section
459.311.
8
2.
The
owner
or
operator
of
a
confinement
feeding
operation
9
shall
notify
the
department
of
a
probable
immediate
structural
10
failure
of
a
manure
storage
structure
that
is
part
of
a
11
confinement
feeding
operation,
as
described
in
subsection
1.
12
The
determination
of
a
probable
immediate
structural
failure
13
shall
be
based
on
factors
established
by
the
department
which
14
may
include
any
of
the
following:
15
a.
An
observation
by
the
owner
or
operator
of
the
16
confinement
feeding
operation
that
the
integrity
of
the
17
structure
has
been
compromised.
18
b.
An
observation
by
the
owner
or
operator
of
the
19
confinement
feeding
operation
that
a
discharge
from
the
manure
20
storage
structure
appears
to
have
occurred.
21
c.
A
verbal
or
written
report
made
to
the
owner
or
operator
22
of
the
confinement
feeding
operation
by
a
professional
engineer
23
based
on
the
professional
engineer’s
inspection
of
the
manure
24
storage
structure.
25
3.
The
department
shall
adopt
rules
providing
notice
26
procedures,
including
when
and
how
the
owner
or
operator
of
27
the
confinement
feeding
operation
is
required
to
contact
the
28
department.
29
a.
The
department
may
provide
for
different
procedures
based
30
on
factors
established
by
the
department
that
quantify
the
31
level
of
threat
to
water
quality
resulting
from
a
structural
32
failure
as
described
in
subsection
1
or
a
probable
immediate
33
structural
failure
as
described
in
subsection
2.
The
factors
34
may
include
but
are
not
limited
to
any
of
the
following:
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(1)
The
type
and
size
of
the
confinement
feeding
operation
1
structure.
2
(2)
The
proximity
of
any
discharge
or
probable
immediate
3
discharge
to
the
groundwater,
a
major
water
source,
or
a
4
high-quality
water
source.
5
(3)
Whether
the
confinement
feeding
operation
structure
is
6
located
on
karst
terrain.
7
b.
The
department
may
provide
for
different
procedures
8
based
on
whether
the
structural
failure
has
caused
or
may
cause
9
injury
or
suffering
to
an
animal
maintained
in
a
confinement
10
building
that
is
associated
with
a
manure
storage
structure.
11
Sec.
2.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
12
importance,
takes
effect
upon
enactment.
13
EXPLANATION
14
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
15
the
explanation’s
substance
by
the
members
of
the
general
assembly.
16
BILL’S
PROVISIONS.
This
bill
requires
the
owner
or
operator
17
of
a
confinement
feeding
operation
to
notify
the
department
of
18
natural
resources
(DNR)
of
any
actual
or
probable
immediate
19
structural
failure
from
an
associated
manure
storage
structure
20
(structure).
The
failure
may
be
the
result
of
either
the
21
design
or
construction
of
the
structure.
The
determination
22
of
a
probable
immediate
structural
failure
must
be
based
on
23
factors
established
by
DNR
which
may
include
an
observation
by
24
the
owner
or
operator
or
a
report
submitted
to
the
owner
or
25
operator
by
a
professional
engineer.
DNR
is
required
to
adopt
26
rules
that
provide
for
notice
procedures
which
may
take
into
27
account
factors
that
quantify
the
level
of
threat
to
water
28
quality
resulting
from
a
discharge
or
an
injury
to
or
death
of
29
an
animal
maintained
in
an
associated
confinement
building.
30
BACKGROUND.
The
bill
amends
provisions
in
Code
chapter
459
31
(“Animal
Agriculture
Compliance
Act”)
which
in
part
regulates
32
confinement
feeding
operations;
meaning
any
area
where
certain
33
agricultural
animals
are
confined
to
totally
roofed
areas
34
(most
commonly
buildings),
if
fed
and
maintained
for
45
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days
or
more
in
any
12-month
period,
and
includes
associated
1
manure
storage
structures.
Code
chapter
459,
subchapter
III,
2
regulates
water
quality,
and
includes
requirements
for
the
3
construction
of
a
number
of
types
of
manure
storage
structures,
4
including
those
made
of
durable
materials
such
as
concrete
5
and
steel
(formed)
and
an
impoundment
including
an
anaerobic
6
lagoon,
aerobic
structure,
or
earthen
manure
storage
basin
7
(unformed).
Generally,
a
manure
storage
structure
must
be
8
constructed
pursuant
to
design
standards
established
by
DNR
9
rule
(Code
sections
459.307
and
459.308,
and
567
IAC
ch.
65).
10
A
confinement
feeding
operation
structure
is
required
to
retain
11
all
manure
produced
between
periods
of
manure
disposal
(Code
12
section
459.311)
and
is
prohibited
from
discharging
manure
into
13
waters
of
the
state
which
includes
surface
waters
or
ground
14
water
sources.
15
PENALTIES
APPLICABLE.
A
person
who
violates
Code
chapter
16
459,
subchapter
III,
regulating
water
quality,
is
subject
17
to
judicial
action
brought
by
the
attorney
general
with
18
a
civil
penalty
not
to
exceed
$5,000
for
each
day
of
such
19
violation
(Code
sections
455B.191
and
459.603).
However,
20
DNR
is
authorized
to
impose
a
range
of
civil
penalties
21
administratively
based
on
a
number
of
criteria
and
in
that
case
22
the
civil
penalty
cannot
exceed
$10,000
(Code
sections
455B.109
23
and
459.603).
24
EFFECTIVE
DATE.
The
bill,
if
enacted,
would
take
effect
upon
25
enactment.
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