Bill Text: IA HF2178 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to confinement feeding operations, by providing notice requirements for the removal and application of manure from confinement feeding operations, making penalties applicable, and including effective date provisions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-01-29 - Introduced, referred to Agriculture. H.J. 157. [HF2178 Detail]
Download: Iowa-2019-HF2178-Introduced.html
House
File
2178
-
Introduced
HOUSE
FILE
2178
BY
STAED
A
BILL
FOR
An
Act
relating
to
confinement
feeding
operations,
by
providing
1
notice
requirements
for
the
removal
and
application
of
2
manure
from
confinement
feeding
operations,
making
penalties
3
applicable,
and
including
effective
date
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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Section
1.
NEW
SECTION
.
459.204C
Liquid
manure
removal
and
1
application
——
notice.
2
1.
a.
The
owner
or
operator
of
a
confinement
feeding
3
operation
shall
not
remove
liquid
manure
from
a
manure
storage
4
structure
that
is
part
of
the
confinement
feeding
operation
if
5
the
manure
storage
structure
is
located
within
two
thousand
6
five
hundred
feet
from
an
object
or
location
for
which
a
7
separation
distance
is
required
pursuant
to
section
459.202,
8
unless
the
owner
or
operator
delivers
a
manure
management
9
notice
to
the
titleholder
of
the
land
benefiting
from
the
10
separation
distance
and
the
department.
The
owner
or
operator
11
shall
deliver
the
manure
management
notice
at
least
forty-eight
12
hours
prior
to
the
time
of
removal.
The
manure
management
13
notice
shall
state
the
name
of
the
owner
or
operator,
the
14
location
of
the
confinement
feeding
operation,
the
estimated
15
number
of
gallons
of
liquid
manure
to
be
removed,
and
the
dates
16
and
hours
that
the
liquid
manure
will
be
removed.
17
b.
Sections
459.203
and
459.205
do
not
exempt
an
owner
or
18
operator
from
the
requirements
of
paragraph
“a”
.
19
c.
Paragraph
“a”
does
not
apply
to
the
removal
of
less
than
20
one
hundred
gallons
of
liquid
manure
during
any
one
day,
or
to
21
the
removal
of
manure
due
to
an
emergency.
22
2.
a.
A
person
shall
not
apply
liquid
manure
from
a
23
confinement
feeding
operation
on
land
located
within
two
24
thousand
five
hundred
feet
from
an
object
or
location
for
which
25
a
separation
distance
is
required
pursuant
to
section
459.204,
26
unless
the
owner
delivers
a
manure
management
notice
to
the
27
titleholder
of
the
land
benefiting
from
the
separation
distance
28
and
the
department.
The
person
shall
deliver
the
notice
to
29
the
titleholder
and
the
department
at
least
forty-eight
hours
30
prior
to
the
time
of
application.
The
manure
management
notice
31
shall
state
the
location
of
land
where
the
liquid
manure
will
32
be
applied,
the
approximate
number
of
gallons
of
liquid
manure
33
to
be
applied,
and
the
dates
and
hours
that
the
liquid
manure
34
will
be
applied.
35
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b.
Paragraph
“a”
does
not
require
a
manure
management
notice
1
to
be
delivered
to
a
person
who
holds
a
legal
or
equitable
2
interest
in
the
land
where
the
liquid
manure
is
applied.
3
c.
Paragraph
“a”
does
not
apply
to
the
application
of
less
4
than
one
hundred
gallons
of
liquid
manure
during
any
one
day,
5
or
to
the
application
of
manure
due
to
an
emergency.
6
3.
The
titleholder
of
land
benefiting
from
the
separation
7
distance
may
designate
an
alternative
person
to
receive
the
8
notice.
The
designation
of
the
alternative
person
shall
be
9
effective
when
the
titleholder
delivers
a
statement
making
10
the
designation
to
the
person
required
to
provide
the
manure
11
management
notice
and
to
the
department.
12
4.
A
person
may
deliver
a
manure
management
notice
or
13
statement
designating
an
alternative
as
provided
in
this
14
section
by
any
method
of
communication
approved
by
the
15
department,
if
that
method
is
recognized
in
commercial
16
practice,
including
in
person,
by
mail,
by
a
commercial
17
service,
or
by
electronic
mail.
18
Sec.
2.
Section
459.312,
subsection
10,
Code
2020,
is
19
amended
by
adding
the
following
new
paragraph:
20
NEW
PARAGRAPH
.
i.
The
person
required
to
submit
the
manure
21
management
plan
is
in
compliance
with
the
requirements
for
22
delivering
manure
management
notices
as
provided
in
section
23
459.204C.
24
Sec.
3.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
25
importance,
takes
effect
upon
enactment.
26
EXPLANATION
27
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
28
the
explanation’s
substance
by
the
members
of
the
general
assembly.
29
NOTICE
REQUIREMENTS.
This
bill
provides
that
the
30
titleholder
of
land
where
a
benefited
object
or
location
is
31
situated
and
the
department
of
natural
resources
(DNR)
must
32
be
notified
at
least
48
hours
before
liquid
manure
is
to
be
33
removed
from
a
manure
storage
structure
associated
with
a
34
confinement
feeding
operation
(operation)
or
when
liquid
manure
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originating
from
the
operation
is
to
be
applied
to
land.
The
1
titleholder
may
provide
that
an
alternative
person
(e.g.,
a
2
lessor)
be
notified.
The
notice
requirement
is
triggered
when
3
the
benefited
object
or
location
is
at
least
2,500
feet
away
4
from
the
structure
or
application
site.
In
the
case
of
manure
5
removal,
the
notice
must
be
delivered
by
the
operation’s
owner
6
or
operator,
and
in
the
case
of
manure
application,
the
notice
7
must
be
delivered
by
the
person
applying
the
liquid
manure,
8
which
could
include
a
commercial
manure
service
(Code
section
9
459.314A).
The
bill
provides
exceptions
if
less
than
100
10
gallons
of
liquid
manure
are
removed
or
applied
during
any
one
11
day,
or
if
there
is
an
emergency.
The
bill
also
provides
that
a
12
manure
management
plan
(MMP)
must
include
a
statement
that
the
13
filer
is
in
compliance
with
the
notice
requirements.
14
BACKGROUND.
Code
chapter
459
applies
to
operations
in
15
which
agricultural
animals
are
maintained
for
at
least
45
16
days
in
any
12-month
period
in
areas
which
are
totally
roofed
17
(Code
section
459.102).
The
Code
chapter
is
divided
into
a
18
number
of
subchapters
including
subchapter
II
which
regulates
19
air
quality
and
imposes
separation
distances
benefiting
20
certain
objects
or
locations
including
residences,
commercial
21
enterprises,
religious
institutions,
educational
institutions,
22
and
public
use
areas
(Code
section
459.202);
and
subchapter
23
III
which
regulates
water
quality
including
by
requiring
24
certain
persons
to
file
MMPs
with
the
DNR,
including
owners
of
25
operations
and
persons
applying
manure
on
land
(Code
section
26
459.312).
Generally,
an
operation
must
retain
manure
that
27
is
produced
at
the
location
until
the
manure
is
transported
28
and
used
according
to
water
quality
requirements
(e.g.,
via
29
application
on
farmland)
(see
Code
section
459.311).
Liquid
30
manure
is
animal
excreta
or
other
commonly
associated
wastes
of
31
animals
that
flows
perceptibly
under
pressure,
is
capable
of
32
being
transported
through
a
pumping
device,
and
is
composed
on
33
molecules
flowing
freely
under
stress
(Code
section
459.102).
34
An
MMP
refers
to
both
an
original
document
and
a
document
which
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updates
the
original
plan.
An
updated
plan
must
be
submitted
1
to
DNR
on
an
annual
basis
(Code
section
459.312).
2
APPLICABLE
CIVIL
PENALTIES.
Code
section
459.602
provides
3
for
civil
penalties
that
may
be
assessed
for
violations
of
4
air
quality
requirements
under
Code
chapter
459,
subchapter
5
II.
A
violator
is
subject
to
Code
section
455B.109,
which
6
provides
for
the
administrative
assessment
of
civil
penalties
7
of
up
to
$10,000.
Code
section
459.603
provides
for
civil
8
penalties
that
may
be
assessed
for
violations
of
water
quality
9
requirements
under
Code
chapter
459,
subchapter
III.
A
10
violator
is
subject
to
either
Code
section
455B.109,
providing
11
for
the
administrative
assessment
of
civil
penalties,
or
Code
12
section
455B.191,
which
provides
for
a
general
civil
penalty
13
assessed
judicially
of
up
to
$5,000.
14
EFFECTIVE
DATE.
The
bill
takes
effect
upon
enactment.
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