SF 2305 (LSB 5217XS (11) 91)

SENATE FILE 2305

BY  STAED

A BILL FOR

An Act regulating the application of manure originating from an animal feeding operation, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 459.312, subsection 10, paragraph h, Code 2026, is amended to read as follows:
   h.  A description of land identified protocol for the application of liquid manure due to an emergency circumstance if allowed pursuant to section 459.313A. The owner protocol must identify the land in the original manure management plan or in the next updated manure management plan required to be submitted to the department following the designated for emergency application.
    Sec. 2.  Section 459.313, Code 2026, is amended to read as follows:
   459.313  Manure application —— rules.
   1.  The department shall adopt rules governing the application of manure originating from an anaerobic lagoon or aerobic structure which is part of a confinement animal feeding operation. The rules shall establish application rates and practices to minimize groundwater or surface water pollution resulting from application, including pollution caused by runoff or other manure flow resulting from precipitation events. The rules shall establish different application rates and practices based on the water holding capacity of the soil at the time of application.
   2.  A person shall not apply manure by spray irrigation equipment, except as provided by rules adopted by the department pursuant to chapter 17A. However, a person shall not use restricted spray irrigation equipment to apply manure, including effluent, originating from a confinement an animal feeding operation, unless the manure has been diluted as provided by rules adopted by the department, including diluted by use of an anaerobic lagoon.
   3.  A person shall not apply manure unless, within twenty-four hours after surface application, the manure is injected or incorporated into the upper four inches or more of soil.
   4.  A person shall not apply manure on saturated ground, snow covered ground, or frozen ground except as provided in section 459.313A.
    Sec. 3.  Section 459.313A, Code 2026, is amended to read as follows:
   459.313A  Application of manure on land ——  saturated ground, snow covered ground and, or frozen ground.
   1.  A person may apply manure originating from an animal feeding operation on saturated ground, snow covered ground, or frozen ground, except to the extent otherwise provided by applicable requirements in this section, this chapter, or the national pollutant discharge elimination system pursuant to the federal Water Pollution Control Act, 33 U.S.C. ch. 26, as amended, and 40 C.F.R. pts. 122 and 412 only under an emergency circumstance.
   1.  2.  During the period beginning December 21 and ending April 1, the person may apply liquid manure originating from a manure storage structure, that is part of a confinement feeding operation, on snow covered ground only when there is an emergency. During the period beginning February 1 and ending April 1, the person may apply liquid manure originating from a manure storage structure, that is part of a confinement feeding operation, on frozen ground only when there is an emergency. An emergency circumstance occurs only when there is an immediate need to comply with section 459.311, subsection 1, due to unforeseen circumstances affecting the storage of the liquid manure. The unforeseen circumstances must be beyond the control of the owner of the confinement animal feeding operation, including but not limited to natural disaster, unusual weather conditions, or equipment or structural failure. A person who is authorized to apply liquid manure on saturated ground, snow covered ground, or frozen ground when there is an emergency shall comply with all of the following:
   a.  The person must contact the department by telephone prior to the application.
   b.  (1)  The For manure originating from a confinement animal feeding operation, the person must apply the liquid manure on land identified for such application in a manure management plan according to an emergency circumstance protocol submitted by the owner of the confinement feeding operation to the department as part of the owner’s manure management plan as provided in section 459.312. The owner of the confinement feeding operation must identify the land in the manure management plan prior to the application. The owner must identify the land in the original manure management plan or in the next updated manure management plan required to be submitted to the department following the application.
   (2)  For manure originating from an open feedlot operation, the person must apply the manure, including any effluent, on land according to an emergency circumstance protocol submitted by the owner of the open feedlot operation to the department as part of the owner’s nutrient management plan as provided in section 459A.208.
   c.  The liquid manure must be applied on a field with a phosphorus index rating of two or less.
   d.  Any surface water drain tile intake that is on land in the owner’s manure management plan and located down gradient of the application must be temporarily blocked beginning not later than the time that the liquid manure is first applied and ending not earlier than two weeks after the completion of the application.
   2.  3.  The authorization to apply liquid manure in subsection 1 does not apply to any of the following:
   a.  An an immediate need to comply with section 459.311, subsection 1, caused by the improper design or management of the a manure storage structure, including but not limited to a failure to properly account for the volume of the manure to be stored.
   b.  Liquid manure originating from a manure storage structure constructed or expanded on or after July 1, 2009, if the manure storage structure has a capacity to store manure for less than one hundred eighty days.
   3.  4.  Subsections 1 and 2 through 3 do not apply to any of the following:
   a.  The application of liquid manure originating from a small animal feeding operation.
   b.  The application of liquid manure and injection into the soil or incorporation within the soil on the same date.
    Sec. 4.  Section 459A.208, subsection 7, Code 2026, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  f.  A protocol for the application of manure due to an emergency circumstance if allowed pursuant to section 459.313A. The protocol must identify land designated for emergency application.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   BACKGROUND. An animal feeding operation (AFO) is regulated by the department of natural resources (DNR) under several Code chapters, including Code chapter 459 governing all AFOs, which includes provisions regulating confinement feeding operations, and Code chapter 459A, which includes selected provisions regulating open feedlot operations. An AFO is an area in which agricultural animals are confined for 45 days or more in any 12-month period, and all associated structures used for the storage of manure. A confinement feeding operation maintains animals in roofed buildings and stores liquid manure in a formed or unformed structure (see Code section 459.102). An open feedlot operation is an unroofed or partially roofed facility without crop, vegetation, or forage growth or residue cover (Code section 459A.102). Manure from an open feedlot operation includes solids that cannot be stored in a structure (i.e., stockpiled). Open feedlot effluent refers to a combination of manure, precipitation-induced runoff, or other runoff from an open feedlot before its settleable solids have been removed. Both Code chapters regulate the application of manure, often pursuant to a plan required to be filed with DNR. In the case of a confinement feeding operation, the plan is referred to as a manure management plan (MMP) (Code section 459.313) and in the case of an open feedlot operation, the plan is referred to as a nutrient management plan (NMP) (Code section 459A.208).
   BACKGROUND —— SNOW COVERED GROUND AND FROZEN GROUND.  According to Code section 459.313A, a person may apply manure originating from an AFO on snow covered ground or frozen ground, except to the extent otherwise provided by applicable requirements in the Code section or federal law. The Code section’s prohibition is limited to the application of liquid manure originating from a manure storage structure that is part of a confinement feeding operation. Specifically, the Code section prohibits the application of liquid manure on snow covered ground during the period beginning December 21 and ending April 1 and on frozen ground during the period beginning February 1 and ending April 1. There are several exceptions. The first exception allows a person to apply the liquid manure during the cold weather months if there is an emergency due to unforeseen circumstances affecting the storage of the liquid manure that are beyond the control of the owner of the confinement feeding operation. In those circumstances, the owner or a person authorized to apply the liquid manure must contact DNR, apply the liquid manure on land identified in the owner’s MMP, apply the liquid manure on a field with a phosphorus index rating of two or less, and ensure that surface water drain tile intakes are blocked. An emergency cannot be used as an exception due to the improper design or management of a manure storage structure or if the manure originates from a manure storage structure constructed on or after July 1, 2009, with a capacity to store manure for less than 180 days. The second exception applies to small animal feeding operations. The third exception applies to the application of liquid manure that is injected in the soil or incorporated within the soil on the same day.
   BILL’S PROVISIONS —— APPLICATION REQUIREMENTS APPLIED TO AFOS. This bill expressly authorizes DNR to adopt rules governing the application of manure originating from all AFOs (Code section 459.313). A requirement that restricts the use of certain spray irrigation equipment dispersing manure originating from a confinement feeding operation would apply to manure, including effluent, originating from an open feedlot operation. The bill provides that a person who applies manure, including effluent, originating from an AFO to the surface of land must inject or incorporate the manure into the soil within 24 hours. The bill prohibits the application of manure originating from an AFO on saturated ground, snow covered ground, or frozen ground regardless of the calendar. The bill retains exceptions for the application of manure under emergency circumstances. The bill provides that the emergency protocols must be specified in an MMP or NMP. The bill strikes a provision that prohibits a person from applying liquid manure under emergency circumstances if the manure originated from a manure storage structure having a capacity to store manure for less than 180 days and its date of construction was on or after July 1, 2009. The bill also strikes a provision that allows a person to apply liquid manure under any circumstances if the person injects the liquid manure on the same date as application.
   APPLICABLE PENALTIES. A person who is in violation of the bill’s provisions is subject to a civil penalty under Code section 459.603, which provides for an administrative assessment of a civil penalty of up to $10,000 for each day of a violation (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 455B.191).