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House File 2464 - IntroducedA Bill ForAn Act 1increasing separation distance requirements between
2a confinement feeding operation structure and certain
3locations, making penalties applicable, and including
4effective date provisions.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 459.202, subsection 4, paragraph a, Code
22020, is amended to read as follows:
3a. Except as provided in subsection subsections 5 and 5A,
4 and sections 459.203, 459.205, and 459.206, this subsection
5applies to confinement feeding operation structures constructed
6on or after March 1, 2003, and to the expansion of confinement
7feeding operation structures constructed on or after March 1,
82003.
9 Sec. 2. Section 459.202, subsection 5, paragraph a, Code
102020, is amended to read as follows:
11a. Except as provided in subsection 5A, and sections
12459.203, 459.205, and 459.206, this subsection applies to
13confinement feeding operation structures constructed on or
14after March 1, 2003, and to the expansion of confinement
15feeding operation structures constructed on or after March 1,
162003.
17 Sec. 3. Section 459.202, Code 2020, is amended by adding the
18following new subsection:
19 NEW SUBSECTION. 5A. a. Except as provided in sections
20459.203, 459.205, and 459.206, this subsection applies to
21confinement feeding operation structures constructed on or
22after the effective date of this Act, and to the expansion of
23confinement feeding operation structures constructed on or
24after the effective date of this Act.
25b. (1) The following table represents the minimum
26separation distance in feet required between a confinement
27feeding operation structure and a residence not owned by the
28owner of the confinement feeding operation, if the residence is
29not located within the corporate limits of a city:
30For a
31For aconfinementFor a
32confinementfeedingconfinement
33feedingoperationfeeding
34operationhaving anoperation
35having ananimal unithaving an
-1-1animal unitcapacity of 1,000animal unit
2capacity ofor more but3,000 or more
3Type ofless than 1,000less than 3,000capacity of
4structureanimal unitsanimal unitsanimal units
5____________________________________________________________
6 Anaerobic2,3753,0003,500
7lagoon
8 Uncovered
9earthen
10manure
11storage
12basin
13structure2,3753,0003,500
14 Uncovered
15formed
16manure
17storage
18structure2,0002,5003,000
19 Covered
20earthen
21manure
22storage
23basin1,7502,3752,875
24 Covered
25formed
26manure
27storage
28structure1,7502,3752,875
29 Confinement
30building1,7502,3752,875
31 Egg
32washwater
33storage
34structure1,5002,0002,500
35(2) The following table represents the minimum separation
-2-1distance in feet required between a confinement feeding
2operation structure and a residence not owned by the owner of
3the confinement feeding operation, if the residence is located
4within the corporate limits of a city:
5For a
6For aconfinementFor a
7confinementfeedingconfinement
8feedingoperationfeeding
9operationhaving anoperation
10having ananimal unithaving an
11animal unitcapacity of 1,000animal unit
12capacity ofor more but3,000 or more
13Type ofless than 1,000less than 3,000capacity of
14structureanimal unitsanimal unitsanimal units
15____________________________________________________________
16Confinement
17feeding
18operation
19structure2,3753,0003,500
20 Sec. 4. Section 459.203, subsection 1, paragraph c, Code
212020, is amended to read as follows:
22c. (1) For Except as provided in subparagraph (2), for a
23confinement feeding operation constructed on or after March 1,
242003, any construction or expansion of a confinement feeding
25operation structure complies with the distance requirements
26applying to that structure as provided in section 459.202,
27subsections 4 and 5.
28(2) For a confinement feeding operation constructed on
29or after the effective date of this Act, any construction or
30expansion of a confinement feeding operation structure complies
31with the distance requirements applying to that structure and a
32residence as provided in section 459.202, subsection 5A.
33 Sec. 5. Section 459.204, Code 2020, is amended to read as
34follows:
35459.204 Liquid manure application — separation distance.
-3- 1Except as provided in section 459.205, a person shall not
2apply liquid manure from a confinement feeding operation on
3land located within seven the following separation distances:
41. Seven hundred fifty feet from a residence not owned by
5the titleholder of the land, a commercial enterprise, a bona
6fide religious institution, an educational institution, or a
7public use area.
82. One thousand feet from a residence not owned by the
9titleholder of the land.
10 Sec. 6. Section 459.310, subsection 1, paragraph b, Code
112020, is amended to read as follows:
12b. (1) A confinement feeding operation structure
13constructed prior to the effective date of this Act shall not
14be constructed if the confinement feeding operation structure
15as constructed is closer than any of the following:
16(1) (a) Five hundred feet away from a water source other
17than a major water source.
18(2) (b) One thousand feet away from a major water source.
19(3) (c) Two thousand five hundred feet away from a
20designated wetland.
21(2) A confinement feeding operation structure constructed
22on or after the effective date of this Act shall not be
23constructed or expanded if the confinement feeding operation
24structure as constructed or expanded is closer than any of the
25following:
26(a) Six hundred feet away from a water source other than a
27major water source.
28(b) One thousand one hundred feet away from a major water
29source.
30(c) Two thousand five hundred feet away from a designated
31wetland.
32 Sec. 7. EFFECTIVE DATE. This Act, being deemed of immediate
33importance, takes effect upon enactment.
34EXPLANATION
35The inclusion of this explanation does not constitute agreement with
-4-1the explanation’s substance by the members of the general assembly.
2BACKGROUND. This bill amends provisions in Code chapter
3459, the “Animal Agriculture Compliance Act” (Code section
4459.101) regulating confinement feeding operations (operations)
5and associated confinement buildings, manure storage
6structures, and egg washwater storage structures (structures)
7by the department of natural resources (DNR). The Code chapter
8includes subchapter II regulating air quality and subchapter
9III regulating water quality. The bill increases certain
10separation distance requirements.
11AIR QUALITY. Code section 459.202 imposes a separation
12distance between a structure and a number of benefited
13locations including a residence. The amount of the separation
14distance required depends upon: (1) when the confinement
15feeding operation structure was constructed or expanded,
16and (2) the size of the confinement feeding operation. The
17bill increases by 500 feet the separation distances between
18a structure constructed or expanded on or after the bill’s
19effective date and a residence. Different separation distance
20requirements apply depending on whether the residence is
21located within or outside the limits of a city. A number
22of exceptions apply, including provisions in Code section
23459.203 which allows an operation constructed or expanded
24prior to the date that a distance requirement became effective
25to expand under certain circumstances; Code section 459.205
26which provides for small animal feeding operations, when a
27neighboring titleholder executes a written waiver, or when a
28benefited location encroaches within the separation distance;
29and Code section 459.206 which provides an exception for
30a qualified operation structure that treats manure using
31aeration.
32Code section 459.204 imposes a separation distance between
33the land where liquid manure is applied and a benefited
34location. The bill increases by 250 feet the separation
35distance between the land and a residence, subject to the
-5-1relevant exemptions in Code section 459.205.
2WATER QUALITY. Code section 459.310 imposes a separation
3distance between a structure and a major water source or minor
4water source. Code section 459.102 defines a major water
5source to include a lake, reservoir, river, or stream capable
6of supporting a floating vessel carrying one or more persons
7during a total of a six-month period in one out of 10 years.
8The bill increases by 100 feet the separation distance between
9a structure and both types of water sources.
10ENFORCEMENT AND CIVIL PENALTIES. Compliance with a
11statutory regulation under Code chapter 459 includes compliance
12with a rule adopted by DNR (Code section 459.103). Code
13section 459.602 provides for civil penalties that may be
14assessed for violations of air quality regulations. A violator
15is subject to Code section 455B.109, which provides for the
16administrative assessment of civil penalties of up to $10,000.
17Code section 459.603 provides for civil penalties that may
18be assessed for violations of water quality regulations. A
19violator is subject to either Code section 455B.109, which
20provides for the administrative assessment of civil penalties,
21or Code section 455B.191, which provides for a general civil
22penalty assessed judicially of up to $5,000.
23EFFECTIVE DATE. The bill takes effect upon enactment.
-6-da/ns
2a confinement feeding operation structure and certain
3locations, making penalties applicable, and including
4effective date provisions.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 459.202, subsection 4, paragraph a, Code
22020, is amended to read as follows:
3a. Except as provided in subsection subsections 5 and 5A,
4 and sections 459.203, 459.205, and 459.206, this subsection
5applies to confinement feeding operation structures constructed
6on or after March 1, 2003, and to the expansion of confinement
7feeding operation structures constructed on or after March 1,
82003.
9 Sec. 2. Section 459.202, subsection 5, paragraph a, Code
102020, is amended to read as follows:
11a. Except as provided in subsection 5A, and sections
12459.203, 459.205, and 459.206, this subsection applies to
13confinement feeding operation structures constructed on or
14after March 1, 2003, and to the expansion of confinement
15feeding operation structures constructed on or after March 1,
162003.
17 Sec. 3. Section 459.202, Code 2020, is amended by adding the
18following new subsection:
19 NEW SUBSECTION. 5A. a. Except as provided in sections
20459.203, 459.205, and 459.206, this subsection applies to
21confinement feeding operation structures constructed on or
22after the effective date of this Act, and to the expansion of
23confinement feeding operation structures constructed on or
24after the effective date of this Act.
25b. (1) The following table represents the minimum
26separation distance in feet required between a confinement
27feeding operation structure and a residence not owned by the
28owner of the confinement feeding operation, if the residence is
29not located within the corporate limits of a city:
30For a
31For aconfinementFor a
32confinementfeedingconfinement
33feedingoperationfeeding
34operationhaving anoperation
35having ananimal unithaving an
-1-1animal unitcapacity of 1,000animal unit
2capacity ofor more but3,000 or more
3Type ofless than 1,000less than 3,000capacity of
4structureanimal unitsanimal unitsanimal units
5____________________________________________________________
6 Anaerobic2,3753,0003,500
7lagoon
8 Uncovered
9earthen
10manure
11storage
12basin
13structure2,3753,0003,500
14 Uncovered
15formed
16manure
17storage
18structure2,0002,5003,000
19 Covered
20earthen
21manure
22storage
23basin1,7502,3752,875
24 Covered
25formed
26manure
27storage
28structure1,7502,3752,875
29 Confinement
30building1,7502,3752,875
31 Egg
32washwater
33storage
34structure1,5002,0002,500
35(2) The following table represents the minimum separation
-2-1distance in feet required between a confinement feeding
2operation structure and a residence not owned by the owner of
3the confinement feeding operation, if the residence is located
4within the corporate limits of a city:
5For a
6For aconfinementFor a
7confinementfeedingconfinement
8feedingoperationfeeding
9operationhaving anoperation
10having ananimal unithaving an
11animal unitcapacity of 1,000animal unit
12capacity ofor more but3,000 or more
13Type ofless than 1,000less than 3,000capacity of
14structureanimal unitsanimal unitsanimal units
15____________________________________________________________
16Confinement
17feeding
18operation
19structure2,3753,0003,500
20 Sec. 4. Section 459.203, subsection 1, paragraph c, Code
212020, is amended to read as follows:
22c. (1) For Except as provided in subparagraph (2), for a
23confinement feeding operation constructed on or after March 1,
242003, any construction or expansion of a confinement feeding
25operation structure complies with the distance requirements
26applying to that structure as provided in section 459.202,
27subsections 4 and 5.
28(2) For a confinement feeding operation constructed on
29or after the effective date of this Act, any construction or
30expansion of a confinement feeding operation structure complies
31with the distance requirements applying to that structure and a
32residence as provided in section 459.202, subsection 5A.
33 Sec. 5. Section 459.204, Code 2020, is amended to read as
34follows:
35459.204 Liquid manure application — separation distance.
-3- 1Except as provided in section 459.205, a person shall not
2apply liquid manure from a confinement feeding operation on
3land located within seven the following separation distances:
41. Seven hundred fifty feet from a residence not owned by
5the titleholder of the land, a commercial enterprise, a bona
6fide religious institution, an educational institution, or a
7public use area.
82. One thousand feet from a residence not owned by the
9titleholder of the land.
10 Sec. 6. Section 459.310, subsection 1, paragraph b, Code
112020, is amended to read as follows:
12b. (1) A confinement feeding operation structure
13constructed prior to the effective date of this Act shall not
14be constructed if the confinement feeding operation structure
15as constructed is closer than any of the following:
16(1) (a) Five hundred feet away from a water source other
17than a major water source.
18(2) (b) One thousand feet away from a major water source.
19(3) (c) Two thousand five hundred feet away from a
20designated wetland.
21(2) A confinement feeding operation structure constructed
22on or after the effective date of this Act shall not be
23constructed or expanded if the confinement feeding operation
24structure as constructed or expanded is closer than any of the
25following:
26(a) Six hundred feet away from a water source other than a
27major water source.
28(b) One thousand one hundred feet away from a major water
29source.
30(c) Two thousand five hundred feet away from a designated
31wetland.
32 Sec. 7. EFFECTIVE DATE. This Act, being deemed of immediate
33importance, takes effect upon enactment.
34EXPLANATION
35The inclusion of this explanation does not constitute agreement with
-4-1the explanation’s substance by the members of the general assembly.
2BACKGROUND. This bill amends provisions in Code chapter
3459, the “Animal Agriculture Compliance Act” (Code section
4459.101) regulating confinement feeding operations (operations)
5and associated confinement buildings, manure storage
6structures, and egg washwater storage structures (structures)
7by the department of natural resources (DNR). The Code chapter
8includes subchapter II regulating air quality and subchapter
9III regulating water quality. The bill increases certain
10separation distance requirements.
11AIR QUALITY. Code section 459.202 imposes a separation
12distance between a structure and a number of benefited
13locations including a residence. The amount of the separation
14distance required depends upon: (1) when the confinement
15feeding operation structure was constructed or expanded,
16and (2) the size of the confinement feeding operation. The
17bill increases by 500 feet the separation distances between
18a structure constructed or expanded on or after the bill’s
19effective date and a residence. Different separation distance
20requirements apply depending on whether the residence is
21located within or outside the limits of a city. A number
22of exceptions apply, including provisions in Code section
23459.203 which allows an operation constructed or expanded
24prior to the date that a distance requirement became effective
25to expand under certain circumstances; Code section 459.205
26which provides for small animal feeding operations, when a
27neighboring titleholder executes a written waiver, or when a
28benefited location encroaches within the separation distance;
29and Code section 459.206 which provides an exception for
30a qualified operation structure that treats manure using
31aeration.
32Code section 459.204 imposes a separation distance between
33the land where liquid manure is applied and a benefited
34location. The bill increases by 250 feet the separation
35distance between the land and a residence, subject to the
-5-1relevant exemptions in Code section 459.205.
2WATER QUALITY. Code section 459.310 imposes a separation
3distance between a structure and a major water source or minor
4water source. Code section 459.102 defines a major water
5source to include a lake, reservoir, river, or stream capable
6of supporting a floating vessel carrying one or more persons
7during a total of a six-month period in one out of 10 years.
8The bill increases by 100 feet the separation distance between
9a structure and both types of water sources.
10ENFORCEMENT AND CIVIL PENALTIES. Compliance with a
11statutory regulation under Code chapter 459 includes compliance
12with a rule adopted by DNR (Code section 459.103). Code
13section 459.602 provides for civil penalties that may be
14assessed for violations of air quality regulations. A violator
15is subject to Code section 455B.109, which provides for the
16administrative assessment of civil penalties of up to $10,000.
17Code section 459.603 provides for civil penalties that may
18be assessed for violations of water quality regulations. A
19violator is subject to either Code section 455B.109, which
20provides for the administrative assessment of civil penalties,
21or Code section 455B.191, which provides for a general civil
22penalty assessed judicially of up to $5,000.
23EFFECTIVE DATE. The bill takes effect upon enactment.
-6-da/ns