SF 2356 (LSB 6129SS (4) 91)

SENATE FILE 2356

BY  STAED

A BILL FOR

An Act relating to monitoring the application of manure originating from a confinement feeding operation, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 459.312, Code 2026, is amended by adding the following new subsection:
   NEW SUBSECTION.  15.  A person required to submit a manure management plan to the department shall monitor the application of the manure, and conditions after the application of the manure, if the manure is applied in proximity to a surface water source or groundwater source. The process of monitoring shall occur during the period of application, immediately following the application, or later if climatic conditions increase the risk that the applied manure may be discharged into the surface water source or groundwater source. If there is a risk of a discharge, the person shall file a report with the department detailing where the discharge may have occurred and the level of risk posed by the possible discharge. The department shall publish information contained in the report on its internet site, and investigate the site of the possible discharge.
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 in a manure storage structure 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. The owner or operator of a small animal feeding operation is not required to file a manure management plan (MMP) under Code section 459.312.
   BACKGROUND —— MMP. Code chapter 459, subchapter III, regulates water quality, including the discharge of manure into surface water sources and groundwater sources. Code section 459.312 provides for the submission of an MMP to DNR, including updates, by an owner of a confinement feeding operation or a person who applies manure from a confinement feeding operation that is located in another state, if the manure is applied on land located in this state. Generally, an MMP must include information regarding where and how much manure originating from a manure storage structure is to be applied. DNR must approve the MMP according to procedures established by DNR.
   BILL’S PROVISIONS. This bill provides that a person required to submit an MMP must monitor the application of manure, and conditions after its application, if the manure is applied in proximity to a surface water source or groundwater source. If there is a risk of a discharge, the person must file a report with DNR detailing where the discharge may have occurred and the level of risk posed by the possible discharge. DNR must publish the information contained in the report on its internet site, and investigate the site of the possible discharge.
   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).