Senate File 2261 - Introduced SENATE FILE 2261 BY STAED , QUIRMBACH , BENNETT , DONAHUE , and PETERSEN A BILL FOR An Act relating to confinement feeding operations by requiring 1 the installation and operation of pollution monitoring 2 systems, and making penalties applicable. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 6128XS (4) 91 da/js

S.F. 2261 Section 1. Section 459.311, subsection 4, Code 2026, is 1 amended to read as follows: 2 4. a. The department may require that the owner of a 3 confinement feeding operation to install and operate a water 4 pollution monitoring system as part of an unformed manure 5 storage structure. 6 b. The owner or operator of a confinement feeding operation, 7 other than a small animal feeding operation, shall install and 8 operate a water pollution monitoring system as part of the 9 confinement feeding operation. The monitoring system shall 10 collect and record data regarding the type and quantity of 11 pollutant originating from a confinement feeding operation that 12 is discharged to the groundwater or a surface water source. 13 The owner or operator of the confinement feeding operation 14 shall report the data to the department every ninety days. The 15 department shall publish the data on its internet site, and 16 regularly report such data to the United States environmental 17 protection agency office of enforcement compliance assurance, 18 which may be part of any compliance information system 19 administered by the United States environmental protection 20 agency. 21 EXPLANATION 22 The inclusion of this explanation does not constitute agreement with 23 the explanation’s substance by the members of the general assembly. 24 BACKGROUND —— GENERAL. Confinement feeding operations are 25 regulated by the department of natural resources (DNR) under 26 the “Animal Agriculture Compliance Act” (Code chapter 459). 27 A confinement feeding operation is a type of animal feeding 28 operation in which agricultural animals are maintained for at 29 least 45 days in any 12-month period. A confinement feeding 30 operation is an animal feeding operation in which animals are 31 kept in a structure (building) that is totally roofed, and 32 includes any associated manure storage structure (Code section 33 459.102). Generally, a confinement feeding operation must 34 retain manure that is produced at the location until the manure 35 -1- LSB 6128XS (4) 91 da/js 1/ 2

S.F. 2261 is transported and used according to water quality requirements 1 (e.g., via application on farmland) (see Code section 459.311). 2 Regulations governing confinement feeding operations vary 3 based on the size of the operation measured by its animal unit 4 capacity (AUC). AUC refers to a measurement used to determine 5 the maximum number of animal units that may be maintained as 6 part of a confinement feeding operation at any one time. In 7 calculating AUC, a special equivalency factor is assigned 8 for each classification of confined agricultural animal. A 9 confinement feeding operation with 500 or fewer animal units 10 (e.g., 1,250 finishing swine) are not subject to the same level 11 of regulation (e.g., the owner or operator is not required to 12 file a manure management plan under Code section 459.312). 13 BILL’S PROVISIONS. This bill amends a provision (Code 14 section 459.311) in Code chapter 459, subchapter III, which 15 regulates water quality. Under the bill, the owner or operator 16 of a confinement feeding operation, other than a small animal 17 feeding operation, must install and operate a water pollution 18 monitoring system as part of the operation that measures 19 pollutants originating from a confinement feeding operation 20 that are discharged to the groundwater or a surface water 21 source. The owner or operator must report the data to DNR 22 every 90 days. DNR must publish the data on its internet 23 site, and regularly report such data to the United States 24 environmental protection agency. 25 APPLICABLE PENALTIES. A person who violates Code chapter 26 459, subchapter III, is subject to the administrative 27 assessment of a civil penalty of up to $10,000 for each day of 28 a violation (Code section 459.603 referring to Code section 29 455B.109) or the judicial assessment of a civil penalty of up 30 to $5,000 for each day of a violation (Code section 459.603 31 referring to Code section 455B.191). 32 -2- LSB 6128XS (4) 91 da/js 2/ 2