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House File 397 - IntroducedA Bill ForAn Act 1prohibiting the construction of confinement feeding
2operation structures that are part of confinement feeding
3operations located in certain subwatersheds, making
4penalties applicable, and including effective date
5provisions.
6BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 459.104 Moratorium — confinement
2feeding operations — impaired waters.
31. As used in this section, unless the context otherwise
4requires:
5a. “Section 303(d) list” means the same as defined in
6section 455B.171.
7b. “Subwatershed” means the same as defined in section
8466B.2.
92. a. A person shall not construct, including expand, a
10confinement feeding operation structure, if the confinement
11feeding operation structure would be located in a subwatershed
12that drains into a water body or water segment that has been
13placed on the department’s section 303(d) list, regardless of
14whether a total maximum daily load for that water body or water
15segment has been developed.
16b. The department shall not file or approve an application
17for a permit to construct, including expand, a confinement
18feeding operation structure, if the person could not construct
19the confinement feeding operation structure under paragraph
20“a”.
213. Subsection 2 does not apply to prevent a person from
22constructing, including expanding, a confinement feeding
23operation structure as otherwise provided in this subchapter,
24if the confinement feeding operation structure is located in a
25subwatershed that drains into a water body or water segment,
26and the department does all of the following:
27a. Removes the water body or water segment from the section
28303(d) list.
29b. Determines that the water body or water segment is
30classified for a primary contact recreational use as provided
31in 567 IAC 61.3.
324. Nothing in this section shall prohibit a person from
33completing construction, including expansion, of a confinement
34feeding operation structure, if prior to the effective date
35of this Act, the person has begun construction, including
-1-1expansion, of the confinement feeding operation structure as
2otherwise allowed under this chapter.
3 Sec. 2. EFFECTIVE UPON ENACTMENT. This Act, being deemed of
4immediate importance, takes effect upon enactment.
5EXPLANATION
6The inclusion of this explanation does not constitute agreement with
7the explanation’s substance by the members of the general assembly.
8BILL’S PROVISIONS — GENERAL. This bill amends the “Animal
9Agriculture Compliance Act” (Code chapter 459) which in
10large part provides for the regulation of confinement feeding
11operations (operations) including associated confinement
12feeding operation structures (structures) such as buildings or
13manure storage structures. The Code chapter is regulated and
14enforced by the department of natural resources (DNR) which
15also enforces provisions of other environmental regulations
16such as the federal Clean Water Act under the supervision of
17the United States environmental protection agency (EPA).
18BILL’S PROVISIONS — MORATORIUM. The bill prohibits the
19construction of a structure, if the structure’s operation is
20located in a subwatershed that includes a water body or water
21segment that has been placed on a list of impaired waters. The
22prohibition would no longer apply once the water was removed
23from the list and DNR determined that the water meets the state
24surface water classification for primary contact recreational
25use.
26BACKGROUND. DNR’s list of impaired waters is approved by EPA
27according to federal and state requirements (33 U.S.C. §1313
28and Code sections 455B.194 and 455B.195). DNR is also required
29to develop a plan for restoring the impaired waters, including
30by identifying its total maximum daily loads; commonly
31referred to as TMDL that calculates the amount of contaminants
32that a water body may receive and still meet federal water
33quality standards (40 C.F.R. §130.7(b)(4)). Based on these
34measurements, the department classifies surface waters
35for a number of designated uses including primary contact
-2-1recreational use which means that the water is considered safe
2for uses that may result in a person’s prolonged and direct
3contact with the water, including by ingestion while swimming
4(33 U.S.C. §1251(a)(2) and 567 IAC 61.3).
5APPLICABLE PENALTIES. Under Code chapter 459, different
6civil penalties apply to violations involving water quality.
7A person who violates a provision regulating water quality is
8subject to an administratively assessed civil penalty of not
9more than $10,000, or a judicially assessed amount of not more
10than $5,000 per each day of the violation (Code section 459.603
11referring to Code sections 455B.109 and 455B.191).
12EFFECTIVE DATE. The bill, if enacted, would take effect upon
13enactment.
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2operation structures that are part of confinement feeding
3operations located in certain subwatersheds, making
4penalties applicable, and including effective date
5provisions.
6BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 459.104 Moratorium — confinement
2feeding operations — impaired waters.
31. As used in this section, unless the context otherwise
4requires:
5a. “Section 303(d) list” means the same as defined in
6section 455B.171.
7b. “Subwatershed” means the same as defined in section
8466B.2.
92. a. A person shall not construct, including expand, a
10confinement feeding operation structure, if the confinement
11feeding operation structure would be located in a subwatershed
12that drains into a water body or water segment that has been
13placed on the department’s section 303(d) list, regardless of
14whether a total maximum daily load for that water body or water
15segment has been developed.
16b. The department shall not file or approve an application
17for a permit to construct, including expand, a confinement
18feeding operation structure, if the person could not construct
19the confinement feeding operation structure under paragraph
20“a”.
213. Subsection 2 does not apply to prevent a person from
22constructing, including expanding, a confinement feeding
23operation structure as otherwise provided in this subchapter,
24if the confinement feeding operation structure is located in a
25subwatershed that drains into a water body or water segment,
26and the department does all of the following:
27a. Removes the water body or water segment from the section
28303(d) list.
29b. Determines that the water body or water segment is
30classified for a primary contact recreational use as provided
31in 567 IAC 61.3.
324. Nothing in this section shall prohibit a person from
33completing construction, including expansion, of a confinement
34feeding operation structure, if prior to the effective date
35of this Act, the person has begun construction, including
-1-1expansion, of the confinement feeding operation structure as
2otherwise allowed under this chapter.
3 Sec. 2. EFFECTIVE UPON ENACTMENT. This Act, being deemed of
4immediate importance, takes effect upon enactment.
5EXPLANATION
6The inclusion of this explanation does not constitute agreement with
7the explanation’s substance by the members of the general assembly.
8BILL’S PROVISIONS — GENERAL. This bill amends the “Animal
9Agriculture Compliance Act” (Code chapter 459) which in
10large part provides for the regulation of confinement feeding
11operations (operations) including associated confinement
12feeding operation structures (structures) such as buildings or
13manure storage structures. The Code chapter is regulated and
14enforced by the department of natural resources (DNR) which
15also enforces provisions of other environmental regulations
16such as the federal Clean Water Act under the supervision of
17the United States environmental protection agency (EPA).
18BILL’S PROVISIONS — MORATORIUM. The bill prohibits the
19construction of a structure, if the structure’s operation is
20located in a subwatershed that includes a water body or water
21segment that has been placed on a list of impaired waters. The
22prohibition would no longer apply once the water was removed
23from the list and DNR determined that the water meets the state
24surface water classification for primary contact recreational
25use.
26BACKGROUND. DNR’s list of impaired waters is approved by EPA
27according to federal and state requirements (33 U.S.C. §1313
28and Code sections 455B.194 and 455B.195). DNR is also required
29to develop a plan for restoring the impaired waters, including
30by identifying its total maximum daily loads; commonly
31referred to as TMDL that calculates the amount of contaminants
32that a water body may receive and still meet federal water
33quality standards (40 C.F.R. §130.7(b)(4)). Based on these
34measurements, the department classifies surface waters
35for a number of designated uses including primary contact
-2-1recreational use which means that the water is considered safe
2for uses that may result in a person’s prolonged and direct
3contact with the water, including by ingestion while swimming
4(33 U.S.C. §1251(a)(2) and 567 IAC 61.3).
5APPLICABLE PENALTIES. Under Code chapter 459, different
6civil penalties apply to violations involving water quality.
7A person who violates a provision regulating water quality is
8subject to an administratively assessed civil penalty of not
9more than $10,000, or a judicially assessed amount of not more
10than $5,000 per each day of the violation (Code section 459.603
11referring to Code sections 455B.109 and 455B.191).
12EFFECTIVE DATE. The bill, if enacted, would take effect upon
13enactment.
-3-da/rn