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