S.F. 328 DIVISION I 1 ANIMAL FEEDING OPERATIONS 2 Section 1. Section 459.102, Code 2017, is amended by adding 3 the following new subsections: 4 NEW SUBSECTION . 29A. “ Formed egg washwater storage 5 structure” means an egg washwater storage structure that has 6 walls and a floor constructed of concrete, concrete block, 7 wood, steel, or similar materials. 8 NEW SUBSECTION . 57A. “Unformed egg washwater storage 9 structure” means an egg washwater storage structure other than 10 a formed egg washwater storage structure. 11 Sec. 2. Section 459.307, subsection 4, Code 2017, is amended 12 by striking the subsection. 13 Sec. 3. Section 459.308, subsection 3, Code 2017, is amended 14 by striking the subsection. 15 Sec. 4. NEW SECTION . 459.309 Construction and expansion of 16 animal feeding operation structures —— karst terrain or terrain 17 that drains into a known sinkhole. 18 1. A person shall not construct or expand an animal feeding 19 operation structure on karst terrain or terrain that drains 20 into a known sinkhole. 21 2. Subsection 1 does not apply to any of the following: 22 a. The construction of a formed manure storage structure 23 that is constructed to replace an unformed manure storage 24 structure. The formed manure storage structure must 25 be constructed in a manner that complies with upgraded 26 construction design standards necessary to ensure that the 27 structure does not pollute groundwater sources. However, the 28 capacity of all replacement formed manure storage structures 29 shall not exceed the capacity required to store all manure from 30 the animal feeding operation on the effective date of this Act. 31 b. The construction of a formed egg washwater storage 32 structure that is constructed to replace an unformed egg 33 washwater storage structure. The formed egg washwater storage 34 structure must be constructed in a manner that complies with 35 -1- LSB 1180XS (3) 87 da/rj 1/ 10

S.F. 328 upgraded construction design standards necessary to ensure that 1 the structure does not pollute groundwater sources. However, 2 the capacity of all replacement formed egg washwater storage 3 structures shall not exceed the capacity required to store 4 all egg washwater from the animal feeding operation on the 5 effective date of this Act. 6 3. a. If an unformed manure storage structure was 7 constructed on karst terrain or terrain that drains into a 8 known sinkhole prior to the effective date of this Act, there 9 must be a twenty-five-foot vertical separation distance between 10 the bottom of the unformed manure storage structure and any 11 underlying limestone, dolomite, or other soluble rock. The 12 unformed manure storage structure must have been constructed 13 according to construction design standards necessary to ensure 14 that the structure does not pollute groundwater sources. 15 b. A formed manure storage structure constructed on karst 16 terrain or terrain that drains into a known sinkhole prior to 17 the effective date of this Act, must have been constructed 18 according to construction design standards necessary to ensure 19 that the structure does not pollute groundwater sources. 20 Sec. 5. Section 459.311D, Code 2017, is amended by striking 21 the section and inserting in lieu thereof the following: 22 459.311D Stockpiling dry manure on karst terrain or terrain 23 that drains into a known sinkhole. 24 1. Except as provided in this section, a person shall not 25 stockpile dry manure on karst terrain or in an area that drains 26 into a known sinkhole. 27 2. A person who stockpiled dry manure on karst terrain 28 or in an area that drains into a known sinkhole prior to the 29 effective date of this Act may continue to stockpile the dry 30 manure at the same location so long as the person complies with 31 all of the following: 32 a. 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 -2- LSB 1180XS (3) 87 da/rj 2/ 10

S.F. 328 b. The dry manure is stockpiled in a qualified stockpile 1 structure. 2 c. The person does not expand the volume or weight of dry 3 manure. 4 d. A person shall discontinue stockpiling dry manure at 5 that same location on and after July 1, 2027, unless the 6 person obtains a waiver by the department upon such terms and 7 conditions required by the department. The department shall 8 only grant a waiver if the department is satisfied that the 9 stockpiled dry manure does not pollute groundwater sources. 10 Sec. 6. Section 459.319, subsection 2, Code 2017, is amended 11 by adding the following new paragraph: 12 NEW PARAGRAPH . c. A person who stockpiles dry manure on 13 karst terrain or in an area that drains into a known sinkhole. 14 DIVISION II 15 OPEN FEEDLOT OPERATIONS AND ANIMAL TRUCK WASH FACILITIES 16 Sec. 7. Section 459A.102, Code 2017, is amended by adding 17 the following new subsection: 18 NEW SUBSECTION . 31A. “Qualified stockpile structure” means 19 the same as defined in section 459.102. 20 Sec. 8. Section 459A.205, subsection 8, paragraph e, 21 subparagraph (2), Code 2017, is amended to read as follows: 22 (2) If an a formed animal truck wash effluent structure 23 is to be constructed on karst terrain as provided in section 24 459A.406A , the engineering report must establish that the 25 construction complies with the requirements of section 26 459A.404 . 27 Sec. 9. Section 459A.403, Code 2017, is amended by adding 28 the following new subsection: 29 NEW SUBSECTION . 3. A person shall not stockpile solids on 30 karst terrain or in an area that drains into a known sinkhole 31 except as provided in section 459A.403A. 32 Sec. 10. NEW SECTION . 459A.403A Stockpiling solids on karst 33 terrain or terrain that drains into a known sinkhole —— open 34 feedlots and animal truck wash facility. 35 -3- LSB 1180XS (3) 87 da/rj 3/ 10

S.F. 328 1. Except as provided in this section, a person shall not 1 stockpile solids on karst terrain or in an area that drains 2 into a known sinkhole. 3 2. A person who stockpiled solids on karst terrain or in an 4 area that drains into a known sinkhole prior to the effective 5 date of this Act may continue to stockpile the solids at the 6 same location so long as the person complies with all of the 7 following: 8 a. There is a vertical separation distance of at least five 9 feet between the bottom of the stockpile and any underlying 10 limestone, dolomite, or other soluble rock. 11 b. The solids are stockpiled in a qualified stockpile 12 structure. 13 c. The person does not expand the volume or weight of 14 stockpiled solids. 15 d. A person stockpiling solids shall remove the solids and 16 apply them in accordance with the provisions of chapter 459, 17 including section 459.311 within six months after the solids 18 are first stockpiled. A person shall discontinue stockpiling 19 the solids at that same location on and after July 1, 2027, 20 unless the person obtains a waiver by the department upon 21 such terms and conditions required by the department. The 22 department shall only grant a waiver if the department is 23 satisfied that the stockpiled solids do not pollute groundwater 24 sources. 25 Sec. 11. Section 459A.404, subsection 5, Code 2017, is 26 amended by striking the subsection. 27 Sec. 12. NEW SECTION . 459A.406 Construction and expansion 28 of open feedlot operation structures —— karst terrain or terrain 29 that drains into a known sinkhole. 30 1. A person shall not construct or expand an open feedlot 31 operation structure on karst terrain or terrain that drains 32 into a known sinkhole. 33 2. If an open feedlot operation structure was constructed 34 on karst terrain or terrain that drains into a known sinkhole 35 -4- LSB 1180XS (3) 87 da/rj 4/ 10

S.F. 328 prior to the effective date of this Act, there must be a 1 twenty-five-foot vertical separation distance between the 2 bottom of the open feedlot operation structure and any 3 underlying limestone, dolomite, or other soluble rock. The 4 open feedlot operation structure must have been constructed 5 according to construction design standards necessary to ensure 6 the structure does not pollute groundwater sources. 7 Sec. 13. NEW SECTION . 459A.406A Construction and expansion 8 of animal truck wash effluent structures —— karst terrain or 9 terrain that drains into a known sinkhole. 10 1. A person shall not construct or expand an animal truck 11 wash effluent structure on karst terrain on and after the 12 effective date of this Act. 13 2. Subsection 1 does not apply to the construction 14 of a formed animal truck wash effluent structure that is 15 constructed to replace an unformed animal truck wash effluent 16 structure on karst terrain or terrain that drains into a known 17 sinkhole. The formed animal truck wash effluent structure 18 must be constructed in a manner that complies with upgraded 19 construction design standards necessary to ensure that the 20 structure does not pollute groundwater sources. However, the 21 capacity of all replacement formed animal truck wash effluent 22 structures shall not exceed the capacity required to store all 23 animal truck wash effluent from the animal truck wash facility 24 on the effective date of this Act. 25 3. a. If an unformed animal truck wash effluent structure 26 was constructed on karst terrain or terrain that drains into a 27 known sinkhole prior to the effective date of this Act, there 28 must be a twenty-five-foot vertical separation distance between 29 the bottom of the unformed animal truck wash effluent structure 30 and any underlying limestone, dolomite, or other soluble rock. 31 The unformed animal truck wash effluent structure must have 32 been constructed according to construction design standards 33 necessary to ensure the structure does not pollute groundwater 34 sources. 35 -5- LSB 1180XS (3) 87 da/rj 5/ 10

S.F. 328 b. A formed animal truck wash effluent structure constructed 1 on karst terrain or terrain that drains into a known sinkhole 2 prior to the effective date of this Act, must have been 3 constructed according to construction design standards 4 necessary to ensure that the structure does not pollute 5 groundwater sources. 6 DIVISION III 7 DRY BEDDED CONFINEMENT FEEDING OPERATIONS 8 Sec. 14. Section 459B.201, Code 2017, is amended to read as 9 follows: 10 459B.201 Construction design standards. 11 A person constructing a dry bedded confinement feeding 12 operation structure on karst terrain or in an alluvial aquifer 13 area shall comply with all of the following: 14 1. The person must construct the dry bedded confinement 15 feeding operation structure at a location where there is a 16 vertical separation distance of at least five feet between 17 the bottom of the floor of the dry bedded confinement feeding 18 operation structure and the underlying limestone, dolomite, or 19 other soluble rock in karst terrain or the underlying sand and 20 gravel aquifer in an alluvial aquifer area. 21 2. The person must construct the dry bedded confinement 22 feeding operation structure with a floor consisting of 23 reinforced concrete at least five inches thick. 24 Sec. 15. NEW SECTION . 459B.203 Karst terrain and terrain 25 that drains into a known sinkhole —— construction and expansion 26 of dry bedded confinement feeding operation structures. 27 1. A person shall not construct or expand a dry bedded 28 confinement feeding operation structure on karst terrain or 29 terrain that drains into a known sinkhole. 30 2. If a dry bedded confinement feeding operation structure 31 was constructed on karst terrain or terrain that drains into 32 a known sinkhole prior to the effective date of this Act, 33 there must be a five-foot vertical separation distance between 34 the bottom of the dry bedded confinement feeding operation 35 -6- LSB 1180XS (3) 87 da/rj 6/ 10

S.F. 328 structure and any underlying limestone, dolomite, or other 1 soluble rock. The dry bedded confinement feeding operation 2 structure must have been constructed according to construction 3 design standards necessary to ensure the structure does not 4 pollute groundwater sources. 5 Sec. 16. Section 459B.307, Code 2017, is amended by adding 6 the following new subsection: 7 NEW SUBSECTION . 3. A person shall only stockpile dry bedded 8 manure on karst terrain or terrain that drains into a known 9 sinkhole as provided in section 459B.307A. 10 Sec. 17. Section 459B.307, subsection 1, paragraph e, 11 unnumbered paragraph 1, Code 2017, is amended to read as 12 follows: 13 The person shall not stockpile dry bedded manure on karst 14 terrain or in an alluvial aquifer area unless the person 15 complies with all of the following: 16 Sec. 18. NEW SECTION . 459B.307A Stockpiling dry bedded 17 manure on karst terrain or terrain that drains into a known 18 sinkhole. 19 1. Except as provided in this section, a person shall not 20 stockpile dry bedded manure on karst terrain or in an area that 21 drains into a known sinkhole. 22 2. A person who stockpiled dry bedded manure on karst 23 terrain or in an area that drains into a known sinkhole prior 24 to the effective date of this Act may continue to stockpile the 25 dry bedded manure at the same location so long as the person 26 complies with all of the following: 27 a. There is a vertical separation distance of at least five 28 feet between the bottom of the stockpile and any underlying 29 limestone, dolomite, or other soluble rock. 30 b. The dry bedded manure is stockpiled in a qualified 31 stockpile structure. 32 c. The person does not expand the volume or weight of 33 stockpiled dry bedded manure. 34 d. A person stockpiling dry bedded manure shall remove 35 -7- LSB 1180XS (3) 87 da/rj 7/ 10

S.F. 328 the dry bedded manure and apply it in accordance with the 1 provisions of chapter 459, including section 459.311 within 2 six months after the dry bedded manure is first stockpiled. 3 A person shall discontinue stockpiling dry bedded manure at 4 that same location on and after July 1, 2027, unless the 5 person obtains a waiver by the department upon such terms and 6 conditions required by the department. The department shall 7 only grant a waiver if the department is satisfied that the 8 stockpiled dry bedded manure does not pollute groundwater 9 sources. 10 EXPLANATION 11 The inclusion of this explanation does not constitute agreement with 12 the explanation’s substance by the members of the general assembly. 13 BILL’S PROVISIONS. This bill prohibits the construction 14 or expansion of an animal feeding operation structure, open 15 feedlot operation structure, animal truck wash effluent 16 structure, or dry bedded confinement feeding operation 17 structure from being constructed or expanded on karst terrain 18 or terrain that drains into a known sinkhole. The bill 19 prohibits the stockpiling of certain dry or solid manure on 20 such terrain. The bill also regulates the use of structures 21 or stockpiles existing on such terrain prior to the bill’s 22 effective date. The bill retains or expands vertical 23 separation distances required between the bottom of a structure 24 or stockpile and any underlying limestone, dolomite, or other 25 soluble rock. The bill requires that a stockpile located 26 on the terrain be kept in a qualified stockpile structure 27 which is a building or other roofed structure (Code section 28 459.102). It provides for the removal of manure or solids from 29 the stockpile. It also requires that an existing stockpile be 30 discontinued on July 1, 2027, unless the department of natural 31 resources grants a waiver. 32 BACKGROUND —— STRUCTURES ASSOCIATED WITH OPERATIONS AND 33 FACILITIES. An animal feeding operation is a location where 34 agricultural animals are confined for 45 days or more in 35 -8- LSB 1180XS (3) 87 da/rj 8/ 10

S.F. 328 any 12-month period and includes associated animal feeding 1 operation structures. The provisions regulating confined 2 agricultural animals are generally included in three related 3 Code chapters. Code chapter 459 (“Animal Agriculture 4 Compliance Act”) regulates all animal feeding operations but 5 primarily confinement feeding operations where agricultural 6 animals are confined to areas which are totally roofed. Code 7 chapter 459A (“Animal Agriculture Compliance Act for Open 8 Feedlot Operations and Animal Truck Wash Facilities”) regulates 9 open feedlot operations which are unroofed or partially roofed 10 areas where there is no vegetation, and where settleable solids 11 are separated from liquids; and animal truck wash facilities 12 used to store effluent including solids after truck-trailers 13 or similar vehicles transporting agricultural animals are 14 cleaned. Code chapter 459B (“Animal Agriculture Compliance 15 Act for Dry Bedded Confinement Feeding Operations”) regulates 16 special confinement feeding operations (hoop buildings) in 17 which the effluent is exclusively stored on a dry rather 18 than liquid basis. An animal feeding operation structure 19 refers to a confinement building, manure storage structure, 20 dry bedded confinement feeding operation structure, or egg 21 washwater storage structure (Code chapter 459.102). An open 22 feedlot operation structure refers to an open feedlot where 23 agricultural animals are maintained, and a basin or other 24 constructed area where effluent and solids are separated 25 (Code section 459A.102). A dry bedded confinement feeding 26 operation structure refers to a totally roofed building where 27 agricultural animals are maintained or a structure storing dry 28 bedded manure (Code section 459B.102). 29 BACKGROUND —— STOCKPILING. Stockpiling refers to that part 30 of manure or effluent produced by agricultural animals which 31 is “dry” or “solid”, meaning that it does not flow perceptibly 32 under pressure and is not capable of being transported through 33 a mechanical pumping device designed to move a liquid (Code 34 sections 459.102 which refers to dry manure, 459A.102 which 35 -9- LSB 1180XS (3) 87 da/rj 9/ 10

S.F. 328 refers to solids, and 459B.102 which refers to dry bedded 1 manure). 2 BACKGROUND —— KARST TERRAIN AND SINKHOLES. Karst terrain is 3 characterized by the presence of bedrock composed of limestone 4 or dolomite near the ground surface which dissolves easily. 5 Such terrain often includes sinkholes which are a depression or 6 hole in the ground caused by a collapse of the ground’s surface 7 layer. 8 APPLICABLE CIVIL PENALTIES. Each of the three Code chapters 9 provide for the imposition and assessment of civil penalties 10 for violations involving water quality. A person who violates 11 a water quality provision is subject to an administratively 12 assessed civil penalty of not more than $10,000 (Code sections 13 455B.109, 459.603, 459A.502, and 459B.402), or a judicially 14 assessed amount of not more than $5,000 per each day of the 15 violation (Code sections 455B.191 and 459.603). 16 -10- LSB 1180XS (3) 87 da/rj 10/ 10