Text: SSB1173            Text: SSB1175


Senate Study Bill 1174

SENATE FILE BY (PROPOSED COMMITTEE ON AGRICULTURE BILL BY CHAIRPERSON BEHN) Passed Senate, Date Passed House, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to the animal agriculture compliance Act, and 2 providing for penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 3125XC 80 5 da/pj/5 PAG LIN 1 1 Section 1. Section 459.103, subsection 3, Code 2003, is 1 2 amended to read as follows: 1 3 3. The department and the attorney general shall enforce 1 4 the provisions of this chapter in subchapters II and III using 1 5 the same manner administrative and judicial procedures as 1 6 provided in chapter 455B, division I, unless otherwise 1 7 provided in this chapter. 1 8 Sec. 2. Section 459.307, unnumbered paragraph 1, Code 1 9 2003, is amended to read as follows: 1 10 The department shall adopt rules establishing construction 1 11 design standards for formed manure storage structures that are 1 12 part of confinement feeding operations other than small animal 1 13 feeding operations. However, the construction design 1 14 standards shall apply to a formed manure storage structure 1 15 that is part of a small animal feeding operation granted an 1 16 exception pursuant to section 459.310. 1 17 Sec. 3. Section 459.310, subsection 1, unnumbered 1 18 paragraph 1, Code 2003, is amended to read as follows: 1 19 Except as provided in this subsection and subsection 3, the 1 20 following shall apply: 1 21 Sec. 4. Section 459.310, subsection 1, Code 2003, is 1 22 amended by adding the following new unnumbered paragraph after 1 23 paragraph b: 1 24 NEW UNNUMBERED PARAGRAPH. The department may grant an 1 25 exception from the requirements in paragraphs "a" and "b" for 1 26 a proposed formed manure storage structure that will be part 1 27 of a small animal feeding operation that commenced operating 1 28 prior to March 1, 2003. In granting the exception, the 1 29 department shall require that the proposed formed manure 1 30 storage structure comply with standards adopted pursuant to 1 31 section 459.307 and shall ensure that the proposed formed 1 32 manure storage structure will provide a higher degree of 1 33 environmental protection than existing manure storage and 1 34 handling facilities. If the proposed formed manure storage 1 35 structure will replace any existing manure storage structure, 2 1 the department shall, as a condition of granting the 2 2 exception, require that any existing manure storage structure 2 3 be properly closed. 2 4 Sec. 5. Section 459.602, Code 2003, is amended to read as 2 5 follows: 2 6 459.602 AIR QUALITY VIOLATIONS == CIVIL PENALTY. 2 7 A person who violates subchapter II shall be subject to a 2 8 civil penalty, including a fine or civil penalty, which shall 2 9 be established, assessed, and collected in the same manner as 2 10 provided in chapter 455B, division II, and section 455B.109. 2 11 Any civil penalty collected shall be deposited in the animal 2 12 agriculture compliance fund created in section 459.401. 2 13 Sec. 6. Section 459.603, Code 2003, is amended to read as 2 14 follows: 2 15 459.603 WATER QUALITY VIOLATIONS == CIVIL PENALTY. 2 16 A person who violates subchapter III shall be subject to a 2 17 penalty, including a fine or civil penalty, which shall be 2 18 established, assessed, and collected in the same manner as 2 19 provided in chapter 455B, division III, and section 455B.191 2 20 455B.109. Any civil penalty collected shall be deposited in 2 21 the animal agriculture compliance fund created in section 2 22 459.401. 2 23 EXPLANATION 2 24 This bill relates to provisions under the "Animal 2 25 Agriculture Compliance Act" regulating animal feeding 2 26 operations by the department of natural resources (DNR) which 2 27 were amended, enacted, and consolidated in Code chapter 459 2 28 during the 2002 legislative sessions pursuant to Senate File 2 29 2293 and House File 2627 (2002 Iowa Acts, ch. 1137, and 2002 2 30 Iowa Acts, Second Extraordinary Session, ch. 1003). 2 31 As consolidated, Code chapter 459 includes a number of 2 32 subchapters (subchapter I contains general provisions, 2 33 subchapter II regulates air quality, subchapter III requires 2 34 permits and regulates water quality, subchapter IV establishes 2 35 an animal agriculture compliance fund and associated fees, 3 1 subchapter V establishes a manure storage indemnity fund, and 3 2 subchapter VI provides for enforcement). 3 3 WATER QUALITY == DISTANCE REQUIREMENTS. The bill amends 3 4 Code section 459.310, which in part provides that a 3 5 confinement feeding operation structure cannot be constructed 3 6 closer than a certain number of feet from groundwater inlets 3 7 or surface water (the surface intake of an agricultural 3 8 drainage well, wellhead, cistern of an agricultural drainage 3 9 well, known sinkhole, water source, or wetland). The bill 3 10 provides an exception to the prohibition. 3 11 The department may grant an exception from the requirements 3 12 for a proposed formed manure storage structure that will be 3 13 part of a small animal feeding operation that commenced 3 14 operating prior to March 1, 2003. The bill provides that in 3 15 granting the exception, the proposed formed manure storage 3 16 structure must comply with standards adopted pursuant to Code 3 17 section 459.307 and must ensure that the proposed formed 3 18 manure storage structure will provide a higher degree of 3 19 environmental protection than existing manure storage and 3 20 handling facilities. The bill also provides for the closure 3 21 of the existing manure storage structure. 3 22 ENFORCEMENT. Code section 459.103 in part requires the DNR 3 23 and the attorney general to enforce the provisions of Code 3 24 chapter 459 in the same manner as provided in Code chapter 3 25 455B, division I. The bill amends the provision to provide 3 26 that the DNR or the attorney general may enforce subchapters 3 27 II and III of Code chapter 459 using the same administrative 3 28 and judicial enforcement procedures and remedies as provided 3 29 in Code chapter 455B. 3 30 Code section 459.602 provides for civil penalties that may 3 31 be assessed for violations of subchapter II and Code section 3 32 459.603 provides for civil penalties that may be assessed for 3 33 violations of subchapter III. Code section 459.602 provides 3 34 that a violator is subject to Code section 455B.109, which 3 35 provides for administrative assessment of civil penalties of 4 1 up to $10,000, while Code section 459.603 provides that a 4 2 violator is subject to Code section 455B.191, which provides 4 3 for a civil penalty of $5,000, and court=imposed penalties. 4 4 The bill provides that for a violation of subchapter II, the 4 5 penalties of Code chapter 455B, division II, and Code section 4 6 455B.109 apply. The bill provides that for a violation of 4 7 subchapter III, the penalties of Code chapter 455B, division 4 8 III, and Code section 455B.109 apply. 4 9 LSB 3125XC 80 4 10 da/pj/5
Text: SSB1173            Text: SSB1175