Text: SF2376            Text: SF2378


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
Text: SF2376            Text: SF2378