Senate File 2377     

                            AN ACT
RELATING TO ANIMAL FEEDING OPERATIONS, BY PROVIDING FOR
   STANDARDS AND EVALUATIONS BY THE DEPARTMENT OF NATURAL
   RESOURCES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  Section 459.303, subsection 1, unnumbered
paragraph 1, Code 2005, is amended to read as follows:
   The department shall approve or disapprove applications for
permits for the construction, including the expansion, of
confinement feeding operation structures, as provided by rules
adopted pursuant to this chapter.  The department's decision
to approve or disapprove a permit for the construction of a
confinement feeding operation structure shall be based on
whether the application is submitted according to procedures
required by the department and the application meets standards
established by the department this chapter.  A person shall
not begin construction of a confinement feeding operation
structure requiring a permit under this section, unless the
department first approves the person's application and issues
to the person a construction permit.  The department shall
provide conditions for requiring when a person must obtain a
construction permit.
   Sec. 2.  Section 459.312, subsection 4A, as enacted in 2006
Iowa Acts, Senate File 2076, section 1, is amended to read as
follows:
   4A.  The department shall provide for the receipt and
processing of manure management plans, including updates to
manure management plans, in an electronic format pursuant to
section 459.302, not later than July 1, 2008 2009.  After that
time, a person required to submit a manure management plan
under this section may shall submit the manure management plan
to the department and to the county board of supervisors in an
electronic format.
   Sec. 3.  Section 459.312, subsection 9, unnumbered
paragraph 1, Code 2005, is amended to read as follows:
   The department shall approve or disapprove a manure
management plan according to standards established by this
chapter and procedures established by the department:
   Sec. 4.  NEW SECTION.  459.611  DEPARTMENTAL EVALUATION AND
ORDER.
   1.  The department may conduct an evaluation of a
confinement feeding operation that has commenced operation to
determine if any of the following apply:
   a.  Manure from the confinement feeding operation is being
discharged into a water of the state and the confinement
feeding operation is not providing for the applicable minimum
level of manure control as specified in section 459.311.
   b.  Manure from the confinement feeding operation is
causing or may reasonably be expected to cause pollution of a
water of the state.
   c.  Manure from the confinement feeding operation may
reasonably be expected to cause a violation of water quality
standards as provided in this chapter or chapter 455B.
   2.  The department may evaluate a confinement feeding
operation regardless of whether it is a small animal feeding
operation or includes a confinement feeding operation
structure which is constructed pursuant to a permit issued
pursuant to section 459.303.
   3.  The department shall not conduct an evaluation of a
confinement feeding operation which has not commenced
operation to determine if any of the conditions provided in
this section exist, unless the requirements of this chapter
are not met.  However, the department may send a letter of
concern by certified mail to the owner of the confinement
feeding operation that explicitly states the department's
concern that a condition on the site where the confinement
feeding operation is or may be constructed, if not addressed,
may result in the pollution of the waters of the state.  The
department's letter shall provide the reasons for its concern
and a possible remedy to the condition which could be
implemented by the owner.  The letter shall also inform the
owner of likely administrative or judicial action if the
condition exists, is not remedied, and results in the
pollution of the waters of the state when the confinement
feeding operation commences operations.
   4.  If based on the results of the evaluation the
department determines that a condition provided in this
section exists, the department may issue an order to a person
responsible for the operation of the confinement feeding
operation which has been evaluated.  The order shall require
the person to institute remedial action necessary to eliminate
the condition.
   Sec. 5.  NEW SECTION.  459A.511  DEPARTMENTAL EVALUATION
AND ORDER.
   1.  The department may conduct an evaluation of an open
feedlot operation that has commenced operation to determine if
any of the following apply:
   a.  Open feedlot effluent from the open feedlot operation
is being discharged into a water of the state and the open
feedlot operation is not providing for the applicable minimum
level of open feedlot effluent control as provided in section
459A.401, 459A.402, or 459A.410.
   b.  Open feedlot effluent from the open feedlot operation
is causing or may reasonably be expected to cause pollution of
a water of the state.
   c.  Open feedlot effluent from the open feedlot operation
is causing or may reasonably be expected to cause a violation
of state water quality standards under this chapter or chapter
455B.
   2.  The department shall not conduct an evaluation of an
open feedlot operation which has not commenced operation to
determine if any of the conditions provided in this section
exist, unless the requirements of this chapter are not met.
However, the department may send a letter of concern by
certified mail to the owner of the open feedlot operation that
explicitly states the department's concern that a condition on
the site where the open feedlot operation is or may be
constructed, if not addressed, may result in the pollution of
the waters of the state.  The department's letter shall
provide the reasons for its concern and a possible remedy to
the condition which could be implemented by the owner.  The
letter shall also inform the owner of likely administrative or
judicial action if the condition exists, is not remedied, and
results in the pollution of the waters of the state when the
open feedlot operation commences operations.
   3.  If based on the results of the evaluation the
department determines that a condition provided in this
section exists, the department may issue an order to a person
responsible for the operation of the open feedlot operation
which has been evaluated.  The order shall require the person
to institute remedial action necessary to eliminate the
condition.


                                                            
                              JEFFREY M. LAMBERTI
                              President of the Senate


                                                            
                              CHRISTOPHER C. RANTS
                              Speaker of the House

   I hereby certify that this bill originated in the Senate and
is known as Senate File 2377, Eighty=first General Assembly.


                                                            
                              MICHAEL E. MARSHALL
                              Secretary of the Senate
Approved                , 2006


                               
THOMAS J. VILSACK
Governor