House File 191 - IntroducedA Bill ForAn Act 1requiring a notice of structural failure involving a
2manure storage structure that is part of a confinement
3feeding operation, making penalties applicable, and
4including effective date provisions.
1   Section 1.  NEW SECTION.  459.309  Manure storage structures
2— notice of structural failure.
   31.  The owner or operator of a confinement feeding operation
4shall notify the department of the structural failure of a
5manure storage structure that is part of the confinement
6feeding operation, regardless of whether it is a failure in
7design or construction or whether such failure may result in a
8violation of section 459.311.
   92.  The owner or operator of a confinement feeding operation
10shall notify the department of a probable immediate structural
11failure of a manure storage structure that is part of a
12confinement feeding operation, as described in subsection 1.
13The determination of a probable immediate structural failure
14shall be based on factors established by the department which
15may include any of the following:
   16a.  An observation by the owner or operator of the
17confinement feeding operation that the integrity of the
18structure has been compromised.
   19b.  An observation by the owner or operator of the
20confinement feeding operation that a discharge from the manure
21storage structure appears to have occurred.
   22c.  A verbal or written report made to the owner or operator
23of the confinement feeding operation by a professional engineer
24based on the professional engineer’s inspection of the manure
25storage structure.
   263.  The department shall adopt rules providing notice
27procedures, including when and how the owner or operator of
28the confinement feeding operation is required to contact the
   30a.  The department may provide for different procedures based
31on factors established by the department that quantify the
32level of threat to water quality resulting from a structural
33failure as described in subsection 1 or a probable immediate
34structural failure as described in subsection 2. The factors
35may include but are not limited to any of the following:
   1(1)  The type and size of the confinement feeding operation
   3(2)  The proximity of any discharge or probable immediate
4discharge to the groundwater, a major water source, or a
5high-quality water source.
   6(3)  Whether the confinement feeding operation structure is
7located on karst terrain.
   8b.  The department may provide for different procedures
9based on whether the structural failure has caused or may cause
10injury or suffering to an animal maintained in a confinement
11building that is associated with a manure storage structure.
12   Sec. 2.  EFFECTIVE DATE.  This Act, being deemed of immediate
13importance, takes effect upon enactment.
15The inclusion of this explanation does not constitute agreement with
16the explanation’s substance by the members of the general assembly.
   17BILL’S PROVISIONS. This bill requires the owner or operator
18of a confinement feeding operation to notify the department of
19natural resources (DNR) of any actual or probable immediate
20structural failure from an associated manure storage structure
21(structure). The failure may be the result of either the
22design or construction of the structure. The determination
23of a probable immediate structural failure must be based on
24factors established by DNR which may include an observation by
25the owner or operator or a report submitted to the owner or
26operator by a professional engineer. DNR is required to adopt
27rules that provide for notice procedures which may take into
28account factors that quantify the level of threat to water
29quality resulting from a discharge or an injury to or death of
30an animal maintained in an associated confinement building.
   31BACKGROUND. The bill amends provisions in Code chapter 459
32(“Animal Agriculture Compliance Act”) which in part regulates
33confinement feeding operations; meaning any area where certain
34agricultural animals are confined to totally roofed areas
35(most commonly buildings), if fed and maintained for 45
-2-1days or more in any 12-month period, and includes associated
2manure storage structures. Code chapter 459, subchapter III,
3regulates water quality, and includes requirements for the
4construction of a number of types of manure storage structures,
5including those made of durable materials such as concrete
6and steel (formed) and an impoundment including an anaerobic
7lagoon, aerobic structure, or earthen manure storage basin
8(unformed). Generally, a manure storage structure must be
9constructed pursuant to design standards established by DNR
10rule (Code sections 459.307 and 459.308, and 567 IAC ch.65).
11A confinement feeding operation structure is required to retain
12all manure produced between periods of manure disposal (Code
13section 459.311) and is prohibited from discharging manure into
14waters of the state which includes surface waters or ground
15water sources.
   16PENALTIES APPLICABLE. A person who violates Code chapter
17459, subchapter III, regulating water quality, is subject
18to judicial action brought by the attorney general with
19a civil penalty not to exceed $5,000 for each day of such
20violation (Code sections 455B.191 and 459.603). However,
21DNR is authorized to impose a range of civil penalties
22administratively based on a number of criteria and in that case
23the civil penalty cannot exceed $10,000 (Code sections 455B.109
24and 459.603).
   25EFFECTIVE DATE. The bill, if enacted, would take effect upon