Senate File 2371 - Introduced SENATE FILE 2371 BY COMMITTEE ON NATURAL RESOURCES AND ENVIRONMENT (SUCCESSOR TO SSB 3152) A BILL FOR An Act providing for the removal of effluent from certain 1 structures. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5960SV (2) 90 da/ns

S.F. 2371 Section 1. Section 459A.208, subsection 3, Code 2024, is 1 amended by adding the following new paragraph: 2 NEW PARAGRAPH . c. Notwithstanding paragraph “a” , a person 3 may remove open feedlot effluent from an open feedlot operation 4 structure or animal truck wash effluent from an animal truck 5 wash effluent structure for which a nutrient management plan is 6 required under this section, if all of the following apply: 7 (1) The removal is necessary to prevent a possible violation 8 of water quality standards as provided in chapter 455B, 9 subchapter III; chapter 459; or this chapter. 10 (2) The person submits a complete nutrient management plan 11 to the department prior to the removal as required by the 12 department. 13 (3) The removed effluent is applied as required by this 14 chapter, including rules adopted by the department and the 15 nutrient management plan submitted to the department by the 16 person pursuant to subparagraph (2). 17 (4) The department is notified prior to the application of 18 the effluent removed under this paragraph. 19 EXPLANATION 20 The inclusion of this explanation does not constitute agreement with 21 the explanation’s substance by the members of the general assembly. 22 BACKGROUND. This bill amends Code chapter 459A, which 23 authorizes the department of natural resources (DNR) to 24 regulate open feedlot operations, and which supplements 25 provisions in Code chapter 459 that authorize DNR to regulate 26 all animal feeding operations where animals are maintained 27 for 45 days or more in any 12-month period, if there is no 28 supporting crop, vegetation, or forage growth (Code sections 29 459.102 and 459A.102). An open feedlot operation (operation) 30 is an unroofed or partially roofed area. Specifically, Code 31 chapter 459A regulates effluent originating from the operation 32 which includes manure and precipitation-induced runoff, 33 liquids, solids, and process wastewater (567 IAC 65.112). The 34 Code chapter also regulates an animal truck wash facility 35 -1- LSB 5960SV (2) 90 da/ns 1/ 2

S.F. 2371 (facility) that engages in washing certain trucks transporting 1 agricultural animals (cattle, swine, horses, sheep, chickens, 2 turkeys, or fish) and collecting, storing, and applying the 3 resulting animal effluent. In both cases, the effluent is 4 stored in a structure. For an operation, this includes a 5 basin, solids settling facility, or alternative technology 6 system, and for a facility, this includes an impoundment (Code 7 section 459A.102). The owner of an operation or facility 8 (owner) may also be required to file a nutrient management 9 plan (NMP) comparable to a manure management plan under Code 10 section 459.312. An NMP refers to the original, complete 11 document or the next complete version of the document subject 12 to DNR approval. It may also refer to an annual update to 13 the complete document as required by DNR. An NMP and update 14 must be kept on site as part of the owner’s records. An NMP 15 estimates effluent volume or weight produced from the operation 16 and addresses agronomic rates of application in part based 17 on nitrogen use and a phosphorus index. Effluent cannot be 18 removed from a structure that is part of an operation or 19 facility that requires an NMP without DNR approving the NMP or 20 providing a waiver (Code section 459A.208). 21 BILL’S PROVISIONS. The bill provides that a person may 22 remove effluent from a structure associated with an operation 23 or facility before an NMP has been approved (Code section 24 459A.208). In order to remove the effluent from a structure, 25 the person must comply with four conditions. First, the 26 removal must be necessary to prevent a violation of a water 27 quality standard; second, the person must submit a complete 28 NMP to DNR prior to the removal; third, the removed effluent 29 must be applied according to requirements in the Code chapter, 30 including DNR rules; and fourth, DNR must be notified prior to 31 the application. 32 -2- LSB 5960SV (2) 90 da/ns 2/ 2