SF 2261 (LSB 6128XS (4) 91)

SENATE FILE 2261

BY  STAED, QUIRMBACH, BENNETT, DONAHUE, and PETERSEN

A BILL FOR

An Act relating to confinement feeding operations by requiring the installation and operation of pollution monitoring systems, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 459.311, subsection 4, Code 2026, is amended to read as follows:
   4.  a.  The department may require that the owner of a confinement feeding operation to install and operate a water pollution monitoring system as part of an unformed manure storage structure.
   b.  The owner or operator of a confinement feeding operation, other than a small animal feeding operation, shall install and operate a water pollution monitoring system as part of the confinement feeding operation. The monitoring system shall collect and record data regarding the type and quantity of pollutant originating from a confinement feeding operation that is discharged to the groundwater or a surface water source. The owner or operator of the confinement feeding operation shall report the data to the department every ninety days. The department shall publish the data on its internet site, and regularly report such data to the United States environmental protection agency office of enforcement compliance assurance, which may be part of any compliance information system administered by the United States environmental protection agency.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   BACKGROUND —— GENERAL. Confinement feeding operations are regulated by the department of natural resources (DNR) under the “Animal Agriculture Compliance Act” (Code chapter 459). A confinement feeding operation is a type of animal feeding operation in which agricultural animals are maintained for at least 45 days in any 12-month period. A confinement feeding operation is an animal feeding operation in which animals are kept in a structure (building) that is totally roofed, and includes any associated manure storage structure (Code section 459.102). Generally, a confinement feeding operation must retain manure that is produced at the location until the manure is transported and used according to water quality requirements (e.g., via application on farmland) (see Code section 459.311). Regulations governing confinement feeding operations vary based on the size of the operation measured by its animal unit capacity (AUC). AUC refers to a measurement used to determine the maximum number of animal units that may be maintained as part of a confinement feeding operation at any one time. In calculating AUC, a special equivalency factor is assigned for each classification of confined agricultural animal. A confinement feeding operation with 500 or fewer animal units (e.g., 1,250 finishing swine) are not subject to the same level of regulation (e.g., the owner or operator is not required to file a manure management plan under Code section 459.312).
   BILL’S PROVISIONS. This bill amends a provision (Code section 459.311) in Code chapter 459, subchapter III, which regulates water quality. Under the bill, the owner or operator of a confinement feeding operation, other than a small animal feeding operation, must install and operate a water pollution monitoring system as part of the operation that measures pollutants originating from a confinement feeding operation that are discharged to the groundwater or a surface water source. The owner or operator must report the data to DNR every 90 days. DNR must publish the data on its internet site, and regularly report such data to the United States environmental protection agency.
   APPLICABLE PENALTIES. A person who violates Code chapter 459, subchapter III, is subject to the administrative assessment of a civil penalty of up to $10,000 for each day of a violation (Code section 459.603 referring to Code section 455B.109) or the judicial assessment of a civil penalty of up to $5,000 for each day of a violation (Code section 459.603 referring to Code section 455B.191).