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Complete Bill History


Senate File 19

SENATE FILE BY JOHNSON Passed Senate, Date Passed House, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to animal feeding operations, by providing for 2 standards and evaluations by the department of natural 3 resources. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1465SS 82 6 da/je/5 PAG LIN 1 1 Section 1. Section 459.303, subsection 1, unnumbered 1 2 paragraph 1, Code 2007, is amended to read as follows: 1 3 The department shall approve or disapprove applications for 1 4 permits for the construction, including the expansion, of 1 5 confinement feeding operation structures, as provided by rules 1 6 adopted pursuant to this chapter. The department's decision 1 7 to approve or disapprove a permit for the construction of a 1 8 confinement feeding operation structure shall be based on 1 9 whether the application is submitted according to procedures 1 10 required by the department and the application meets standards 1 11 established by the department this chapter. A person shall 1 12 not begin construction of a confinement feeding operation 1 13 structure requiring a permit under this section, unless the 1 14 department first approves the person's application and issues 1 15 to the person a construction permit. The department shall 1 16 provide conditions for requiring when a person must obtain a 1 17 construction permit. 1 18 Sec. 2. Section 459.312, Code 2007, is amended by adding 1 19 the following new subsection: 1 20 NEW SUBSECTION. 4A. The department shall provide for the 1 21 receipt and processing of manure management plans, including 1 22 updates to manure management plans, in an electronic format 1 23 pursuant to section 459.302, not later than July 1, 2009. On 1 24 and after that date, a person required to submit a manure 1 25 management plan under this section shall submit the manure 1 26 management plan to the department and to the county board of 1 27 supervisors in an electronic format. 1 28 Sec. 3. Section 459.312, subsection 9, unnumbered 1 29 paragraph 1, Code 2007, is amended to read as follows: 1 30 The department shall approve or disapprove a manure 1 31 management plan according to standards established by this 1 32 chapter and procedures established by the department: 1 33 Sec. 4. NEW SECTION. 459.611 DEPARTMENTAL EVALUATION AND 1 34 ORDER. 1 35 1. The department may conduct an evaluation of a 2 1 confinement feeding operation that has commenced operation to 2 2 determine if any of the following apply: 2 3 a. Manure from the confinement feeding operation is being 2 4 discharged into a water of the state and the confinement 2 5 feeding operation is not providing for the applicable minimum 2 6 level of manure control as specified in section 459.311. 2 7 b. Manure from the confinement feeding operation is 2 8 causing or may reasonably be expected to cause pollution of a 2 9 water of the state. 2 10 c. Manure from the confinement feeding operation may 2 11 reasonably be expected to cause a violation of water quality 2 12 standards as provided in this chapter or chapter 455B. 2 13 2. The department may evaluate a confinement feeding 2 14 operation regardless of whether it is a small animal feeding 2 15 operation or includes a confinement feeding operation 2 16 structure which is constructed pursuant to a permit issued 2 17 pursuant to section 459.303. 2 18 3. The department shall not conduct an evaluation of a 2 19 confinement feeding operation which has not commenced 2 20 operation to determine if any of the conditions provided in 2 21 this section exist, unless the requirements of this chapter 2 22 are not met. However, the department may send a letter of 2 23 concern by certified mail to the owner of the confinement 2 24 feeding operation that explicitly states the department's 2 25 concern that a condition on the site where the confinement 2 26 feeding operation is or may be constructed, if not addressed, 2 27 may result in the pollution of the waters of the state. The 2 28 department's letter shall provide the reasons for its concern 2 29 and a possible remedy to the condition which could be 2 30 implemented by the owner. The letter shall also inform the 2 31 owner of likely administrative or judicial action if the 2 32 condition exists, is not remedied, and results in the 2 33 pollution of the waters of the state when the confinement 2 34 feeding operation commences operations. 2 35 4. If based on the results of the evaluation the 3 1 department determines that a condition provided in this 3 2 section exists, the department may issue an order to a person 3 3 responsible for the operation of the confinement feeding 3 4 operation which has been evaluated. The order shall require 3 5 the person to institute remedial action necessary to eliminate 3 6 the condition. 3 7 Sec. 5. NEW SECTION. 459A.511 DEPARTMENTAL EVALUATION 3 8 AND ORDER. 3 9 1. The department may conduct an evaluation of an open 3 10 feedlot operation that has commenced operation to determine if 3 11 any of the following apply: 3 12 a. Open feedlot effluent from the open feedlot operation 3 13 is being discharged into a water of the state and the open 3 14 feedlot operation is not providing for the applicable minimum 3 15 level of open feedlot effluent control as provided in section 3 16 459A.401, 459A.402, or 459A.410. 3 17 b. Open feedlot effluent from the open feedlot operation 3 18 is causing or may reasonably be expected to cause pollution of 3 19 a water of the state. 3 20 c. Open feedlot effluent from the open feedlot operation 3 21 is causing or may reasonably be expected to cause a violation 3 22 of state water quality standards under this chapter or chapter 3 23 455B. 3 24 2. The department shall not conduct an evaluation of an 3 25 open feedlot operation which has not commenced operation to 3 26 determine if any of the conditions provided in this section 3 27 exist, unless the requirements of this chapter are not met. 3 28 However, the department may send a letter of concern by 3 29 certified mail to the owner of the open feedlot operation that 3 30 explicitly states the department's concern that a condition on 3 31 the site where the open feedlot operation is or may be 3 32 constructed, if not addressed, may result in the pollution of 3 33 the waters of the state. The department's letter shall 3 34 provide the reasons for its concern and a possible remedy to 3 35 the condition which could be implemented by the owner. The 4 1 letter shall also inform the owner of likely administrative or 4 2 judicial action if the condition exists, is not remedied, and 4 3 results in the pollution of the waters of the state when the 4 4 open feedlot operation commences operations. 4 5 3. If based on the results of the evaluation the 4 6 department determines that a condition provided in this 4 7 section exists, the department may issue an order to a person 4 8 responsible for the operation of the open feedlot operation 4 9 which has been evaluated. The order shall require the person 4 10 to institute remedial action necessary to eliminate the 4 11 condition. 4 12 EXPLANATION 4 13 This bill amends provisions in Code chapter 459, which 4 14 authorizes the department of natural resources to regulate 4 15 animal feeding operations, including confinement feeding 4 16 operations, and Code chapter 459A, which supplements those 4 17 provisions by authorizing the department to regulate open 4 18 feedlot operations. 4 19 Code section 459.303 provides for the approval or 4 20 disapproval of applications for permits to construct 4 21 confinement feeding operation structures (e.g., confinement 4 22 buildings, manure storage structures, and egg washwater 4 23 storage structures). The department's decision is in part 4 24 based on whether the application meets the standards 4 25 established by the department. The bill provides that the 4 26 application must meet standards established in the Code 4 27 chapter in lieu of standards established by the department. 4 28 See Code section 459A.205, which authorizes the department to 4 29 approve or disapprove applications for permits to construct 4 30 settled open feedlot effluent basins and alternative 4 31 technology systems associated with open feedlots based on 4 32 standards and procedures required in the chapter. 4 33 Code section 459.312 provides for the submission of manure 4 34 management plans to the department and the county where a 4 35 manure storage structure is located or where manure is applied 5 1 by an owner of a confinement feeding operation or a person who 5 2 applies manure from a confinement feeding operation which is 5 3 located in another state, if the manure is applied on land 5 4 located in this state. The bill provides that a person must 5 5 submit a manure management plan in an electronic format on and 5 6 after July 1, 2009. Generally, a manure management plan must 5 7 include information regarding how much and where manure kept 5 8 in a manure storage structure is to be applied. The 5 9 department must approve the manure management plan according 5 10 to procedures established by the department. The bill 5 11 provides that the application must meet standards established 5 12 in the Code chapter. See Code section 459A.208 requiring the 5 13 department to approve nutrient management plans according to 5 14 procedures required by the department in compliance with the 5 15 provisions of that chapter. 5 16 The bill provides for additional provisions in both Code 5 17 chapters which authorize the department to conduct an 5 18 evaluation of an animal feeding operation which is a 5 19 confinement feeding operation or an open feedlot operation 5 20 that has commenced operation in order to determine if manure 5 21 or open feedlot effluent is being discharged into a water of 5 22 the state or may reasonably be expected to cause pollution of 5 23 a water of the state. In addition, the bill provides that the 5 24 department is prohibited from conducting an evaluation of the 5 25 animal feeding operation which has not commenced operation, 5 26 unless a requirement provided in Code chapter 459 or 459A has 5 27 not been met. The bill does provide that the department may 5 28 send a letter of concern to the animal feeding operation. The 5 29 bill provides that based on the results of the evaluation, the 5 30 department may issue an order to a person responsible for the 5 31 operation of the animal feeding operation which has been 5 32 evaluated in order to compel the person to institute remedial 5 33 action necessary to eliminate the condition. 5 34 LSB 1465SS 82 5 35 da:nh/je/5
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