Bill Text: IA HF327 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act regulating the stockpiling of certain effluent from animal feeding operations and animal truck wash facilities, providing for penalties, and making penalties applicable.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-02-24 - Passed subcommittee. [HF327 Detail]
Download: Iowa-2017-HF327-Introduced.html
House File 327 - Introduced HOUSE FILE BY SEXTON A BILL FOR 1 An Act regulating the stockpiling of certain effluent from 2 animal feeding operations and animal truck wash facilities, 3 providing for penalties, and making penalties applicable. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 2315YH (8) 87 da/rj PAG LIN 1 1 DIVISION I 1 2 ANIMAL AGRICULTURE COMPLIANCE ACT 1 3 Section 1. Section 459.311, Code 2017, is amended by adding 1 4 the following new subsection: 1 5 NEW SUBSECTION. 6. A person stockpiling dry manure shall 1 6 comply with applicable requirements of the national pollutant 1 7 discharge elimination system pursuant to the federal Water 1 8 Pollution Control Act, 33 U.S.C. ch. 26, as amended, and 40 1 9 C.F.R. pts. 122 and 412. 1 10 Sec. 2. Section 459.311B, subsection 1, unnumbered 1 11 paragraph 1, Code 2017, is amended to read as follows: 1 12 A person shall not stockpile dry manure within the following 1 13 separation distances from any of the following: 1 14 Sec. 3. Section 459.311C, Code 2017, is amended to read as 1 15 follows: 1 16 459.311C Stockpiling dry manure on terrain other than karst 1 17 terrain. 1 18 A personstockpilingshall not stockpile dry manure on 1 19 terrain, other than karst terrain, for more than fifteen 1 20 consecutive daysshall comply with any of the following:1 211.Stockpileunless the person stockpiles the dry manure by 1 22 using any of the following: 1 23a.1. A qualified stockpile structure. 1 24b.2. A qualified stockpile cover. However, the person 1 25 shall not stockpile dry manure using a qualified stockpile 1 26 cover at a long=term stockpile location unless the person 1 27 stockpiles the dry manure on compacted soil, compacted granular 1 28 aggregates, asphalt, concrete, or other similar materials. 1 292. Deliver a stockpile inspection statement to the 1 30 department as follows:1 31a. The department must receive the statement by the 1 32 fifteenth day of each month.1 33b. The stockpile inspection statement shall provide the 1 34 location of the stockpile and document the results of an 1 35 inspection conducted by the person during the previous month. 2 1 The inspection must evaluate whether precipitation=induced 2 2 runoff is draining away from the stockpile and, if so, describe 2 3 actions taken to prevent the runoff. If an inspection by the 2 4 department documents that precipitation=induced runoff is 2 5 draining away from a stockpile, the person shall immediately 2 6 remove dry manure from the stockpile in compliance with this 2 7 chapter or comply with all directives of the department to 2 8 prevent the runoff.2 9c. The stockpile inspection statement must be in writing and 2 10 may be on a form prescribed by the department.2 11 Sec. 4. Section 459.311E, Code 2017, is amended to read as 2 12 follows: 2 13 459.311E Stockpiling ==required practiceswater quality == 2 14 removal and application. 2 151. A person stockpiling dry manure shall comply with 2 16 applicable requirements of the national pollutant discharge 2 17 elimination system pursuant to the federal Water Pollution 2 18 Control Act, 33 U.S.C. ch. 26, as amended, and 40 C.F.R. pts. 122 and 412 2 19 .2 202.A person stockpiling dry manure shall remove the dry 2 21 manure and apply it in accordance with the provisions of this 2 22 chapter, including but not limited to section 459.311, within 2 23 six months after the dry manure is first stockpiled. 2 24 Sec. 5. Section 459.319, Code 2017, is amended to read as 2 25 follows: 2 26 459.319 Exception from regulation == stockpiling. 2 27 1.ThisExcept as provided in subsection 2, this subchapter 2 28 shall not apply to a person who stockpiles dry manure if the 2 29 stockpile's dry manure originates from a confinement feeding 2 30 operation that was constructed prior to January 1, 2006, unless 2 31 the confinement feeding operation is expanded after that date. 2 32 2.Subsection 1 does notThe stockpiling requirements of 2 33 this subchapter do apply toanyall of the following: 2 34 a. A person who stockpiles dry manure in violation of 2 35 section 459.311. 3 1 b. A stockpile where precipitation=induced runoff has 3 2 drained away. 3 3 c. A stockpile consisting of dry manure that originates from 3 4 a confinement feeding operation that is expanded on or after 3 5 January 1, 2006. 3 6 DIVISION II 3 7 OPEN FEEDLOT OPERATIONS AND ANIMAL TRUCK WASH FACILITIES 3 8 Sec. 6. Section 459A.102, Code 2017, is amended by adding 3 9 the following new subsections: 3 10 NEW SUBSECTION. 9A. "Commercial enterprise" means the same 3 11 as defined in section 459.102. 3 12 NEW SUBSECTION. 16A. "Educational institution" means the 3 13 same as defined in section 459.102. 3 14 NEW SUBSECTION. 22A. "Long=term stockpile location" means 3 15 an area where a person stockpiles solids for more than six 3 16 months in any two=year period. 3 17 NEW SUBSECTION. 31A. "Public use area" means the same as 3 18 defined in section 459.102. 3 19 NEW SUBSECTION. 31B. "Qualified stockpile cover" means the 3 20 same as defined in section 459.102. 3 21 NEW SUBSECTION. 31C. "Qualified stockpile structure" means 3 22 the same as defined in section 459.102. 3 23 NEW SUBSECTION. 31D. "Religious institution" means the same 3 24 as defined in section 459.102. 3 25 NEW SUBSECTION. 39A. "Stockpile solids" means to create or 3 26 add to a stockpile. 3 27 Sec. 7. Section 459A.102, subsection 14, Code 2017, is 3 28 amended to read as follows: 3 29 14. "Designated area" meansa known sinkhole, a cistern, 3 30 an abandoned well, an unplugged agricultural drainage well, 3 31 an agricultural drainage well surface inlet, a drinking water 3 32 well, a designated wetland, or a water source. However, 3 33 "designated area" does not include a terrace tile inlet or 3 34 surface tile inlet other than an agricultural drainage well 3 35 surface tile inletthe same as defined in section 459.102. 4 1 Sec. 8. NEW SECTION. 459A.402A Stockpiling solids allowed 4 2 ==== general. 4 3 A person may stockpile solids so long as the person 4 4 stockpiles the solids in compliance with restrictions 4 5 applicable to stockpiling as provided in this subchapter. 4 6 Sec. 9. NEW SECTION. 459A.402B Stockpiling solids ==== air 4 7 quality ==== minimum separation distance requirements. 4 8 1. Except as provided in subsection 2, a person shall not 4 9 stockpile solids within one thousand two hundred fifty feet 4 10 from a residence not owned by the titleholder of the land, a 4 11 commercial enterprise, a bona fide religious institution, an 4 12 educational institution, or a public use area. 4 13 2. A person may stockpile solids within a separation 4 14 distance required between the stockpiled solids and an object 4 15 or location for which separation is required under subsection 4 16 1, if any of the following apply: 4 17 a. The titleholder of the land benefiting from the 4 18 separation distance requirement executes a written waiver with 4 19 the titleholder of the land where the stockpile is located. 4 20 b. The stockpiled solids originate from any of the 4 21 following: 4 22 (1) A small animal feeding operation. 4 23 (2) A small animal truck wash facility. 4 24 c. The stockpile consists of solids originating from any of 4 25 the following: 4 26 (1) An open feedlot operation was constructed before 4 27 January 1, 2006, unless the open feedlot operation is expanded 4 28 after that date. 4 29 (2) An animal truck wash facility was constructed before 4 30 January 1, 2006, unless the animal truck wash facility is 4 31 expanded after that date. 4 32 Sec. 10. NEW SECTION. 459A.402C Stockpiling solids ==== water 4 33 quality == determining single stockpile. 4 34 For purposes of sections 459A.402D, 459A.403, 459A.403A, 4 35 459A.403B, and 459A.403C, solids that are stockpiled within a 5 1 distance of one thousand two hundred fifty feet from another 5 2 stockpile shall be considered part of the same stockpile. 5 3 Sec. 11. NEW SECTION. 459A.402D Stockpiling solids ==== water 5 4 quality ==== minimum requirements for control. 5 5 1. A person stockpiling solids shall comply with applicable 5 6 requirements of the national pollutant discharge elimination 5 7 system pursuant to the federal Water Pollution Control Act, 33 5 8 U.S.C. ch. 26, as amended, and 40 C.F.R. pts. 122 and 412. 5 9 2. Stockpiled solids shall be disposed of in a manner 5 10 which will not cause surface water or groundwater pollution. 5 11 Disposal shall be deemed as compliance with this requirement if 5 12 it is in accordance with provisions of state law, including all 5 13 of the following: 5 14 a. Disposal of solids under this chapter, including rules 5 15 and guidelines adopted pursuant to this chapter. 5 16 b. Disposal of solids in the same manner as stockpiled dry 5 17 manure in accordance with chapter 459, or rules and guidelines 5 18 adopted pursuant to that chapter. 5 19 Sec. 12. Section 459A.403, Code 2017, is amended by striking 5 20 the section and inserting in lieu thereof the following: 5 21 459A.403 Stockpiling solids ==== water quality ==== minimum 5 22 separation distance requirements and prohibitions. 5 23 1. A person shall not stockpile solids within the following 5 24 separation distances from any of the following: 5 25 a. A terrace tile inlet or surface tile inlet, two hundred 5 26 feet. However, this paragraph does not apply to a person 5 27 who stockpiles the solids in a manner that does not allow 5 28 precipitation=induced runoff to drain from the stockpile to the 5 29 terrace tile inlet or surface tile inlet. A terrace tile inlet 5 30 or surface tile inlet does not include a tile inlet that is not 5 31 directly connected to a tile line that discharges directly into 5 32 a water of the state. 5 33 b. (1) A designated area, four hundred feet. However, an 5 34 increased separation distance of eight hundred feet shall apply 5 35 to all of the following: 6 1 (a) A high=quality water resource. 6 2 (b) An agricultural drainage well. 6 3 (c) A known sinkhole. 6 4 (2) Subparagraph (1) does not apply to a person 6 5 who stockpiles solids in a manner that does not allow 6 6 precipitation=induced runoff to drain from the stockpile to the 6 7 designated area. 6 8 2. A person shall not stockpile solids in a grassed 6 9 waterway. 6 10 3. A person shall not stockpile solids on land having a 6 11 slope of more than three percent. However, this subsection 6 12 shall not apply to a person who stockpiles solids using 6 13 methods, structures, or practices that contain the stockpile, 6 14 including but not limited to silt fences, temporary earthen 6 15 berms, or other effective measures, and that prevent or 6 16 diminish precipitation=induced runoff from the stockpile. 6 17 Sec. 13. NEW SECTION. 459A.403A Stockpiling solids ==== water 6 18 quality ==== terrain other than karst terrain. 6 19 A person shall not stockpile solids on terrain, other than 6 20 karst terrain, for more than fifteen consecutive days unless 6 21 the person stockpiles the solids by using any of the following: 6 22 1. A qualified stockpile structure. 6 23 2. A qualified stockpile cover. However, the person shall 6 24 not stockpile solids using a qualified stockpile cover at a 6 25 long=term stockpile location unless the person stockpiles 6 26 the solids on compacted soil, compacted granular aggregates, 6 27 asphalt, concrete, or other similar materials. 6 28 Sec. 14. NEW SECTION. 459A.403B Stockpiling solids ==== water 6 29 quality ==== karst terrain. 6 30 A person stockpiling solids on karst terrain shall comply 6 31 with all of the following: 6 32 1. The person shall stockpile the solids at a location 6 33 where there is a vertical separation distance of at least five 6 34 feet between the bottom of the stockpile and the underlying 6 35 limestone, dolomite, or other soluble rock. 7 1 2. A person who stockpiles the solids for more than fifteen 7 2 consecutive days shall use any of the following: 7 3 a. A qualified stockpile structure. 7 4 b. A qualified stockpile cover. However, the person shall 7 5 not stockpile solids using a qualified stockpile cover at a 7 6 long=term stockpile location unless the stockpile is located on 7 7 reinforced concrete at least five inches thick. 7 8 Sec. 15. NEW SECTION. 459A.403C Stockpiling solids ==== water 7 9 quality ==== removal and application. 7 10 1. A person stockpiling solids shall remove the solids and 7 11 apply them in accordance with the provisions of this chapter, 7 12 including but not limited to section 459A.402D within six 7 13 months after the solids are first stockpiled. 7 14 2. A person shall only apply stockpiled solids in the same 7 15 manner as stockpiled dry manure is required to be applied under 7 16 chapter 459, including on snow=covered ground or frozen ground 7 17 as provided in section 459.313A and in close proximity to a 7 18 designated area in the same manner as stockpiled dry manure is 7 19 required to be applied under section 459.314. 7 20 Sec. 16. NEW SECTION. 459A.403D Stockpiling solids ==== water 7 21 quality ==== exception from regulation. 7 22 1. Except as provided in subsection 2, sections 459A.402A, 7 23 459A.402C, 459A.403, 459A.403A, 459A.403B, and 459A.403C shall 7 24 not apply to a person who stockpiles solids if the stockpile's 7 25 solids originate from an open feedlot operation or an animal 7 26 truck wash facility that was constructed prior to January 1, 7 27 2006. 7 28 2. The stockpiling requirements of the sections referred to 7 29 in subsection 1 do apply to all of the following: 7 30 a. A stockpile where precipitation=induced runoff has 7 31 drained away. 7 32 b. A stockpile consisting of solids originated from an open 7 33 feedlot operation or an animal truck wash facility that is 7 34 expanded on or after January 1, 2006. 7 35 Sec. 17. Section 459A.502, Code 2017, is amended to read as 8 1 follows: 8 2 459A.502 Violations == civil penalty. 8 3 A person who violates section 459A.402B shall be subject 8 4 to the same penalty as provided in section 459.602, and a 8 5 person who violates any other provision of this chapter shall 8 6 be subject to a civil penalty which shall be established, 8 7 assessed, and collected in the same manner as provided in 8 8 section 455B.191. Any collected civil penalty and interest on 8 9 a civil penalty shall be credited to the Iowa nutrient research 8 10 fund created in section 466B.46. A person shall not be subject 8 11 to a penalty under this section and a penalty under section 8 12 459.603 for the same violation. 8 13 DIVISION III 8 14 DRY BEDDED CONFINEMENT FEEDING OPERATIONS 8 15 Sec. 18. Section 459B.102, Code 2017, is amended by adding 8 16 the following new subsections: 8 17 NEW SUBSECTION. 19A. "Long=term stockpile location" means 8 18 an area where a person stockpiles dry bedded manure for more 8 19 than six months in any two=year period. 8 20 NEW SUBSECTION. 23A. "Qualified stockpile cover" means the 8 21 same as defined in section 459.102. 8 22 NEW SUBSECTION. 23B. "Qualified stockpile structure" means 8 23 the same as defined in section 459.102. 8 24 NEW SUBSECTION. 23C. "Religious institution" means the same 8 25 as defined in section 459.102. 8 26 NEW SUBSECTION. 23D. "Small animal feeding operation" means 8 27 the same as defined in section 459.102. 8 28 NEW SUBSECTION. 24A. "Stockpile dry bedded manure" means to 8 29 create or add to a stockpile. 8 30 Sec. 19. NEW SECTION. 459B.300 Stockpiling dry bedded 8 31 manure allowed ==== general. 8 32 A person may stockpile dry bedded manure so long as the 8 33 person stockpiles the dry bedded manure in compliance with 8 34 restrictions applicable to stockpiling as provided in this 8 35 subchapter. 9 1 Sec. 20. Section 459B.301, unnumbered paragraph 1, Code 9 2 2017, is amended by striking the unnumbered paragraph. 9 3 Sec. 21. Section 459.301, subsection 2, Code 2017, is 9 4 amended by adding the following new paragraph: 9 5 NEW PARAGRAPH. c. The stockpile consists of dry bedded 9 6 manure originating from a dry bedded confinement feeding 9 7 operation that was constructed before January 1, 2006, unless 9 8 the dry bedded confinement feeding operation is expanded after 9 9 that date. 9 10 Sec. 22. NEW SECTION. 459B.304A Stockpiling dry bedded 9 11 manure ==== water quality ==== determining single stockpile. 9 12 For purposes of sections 459B.307, 459B.307A, 459B.307B, 9 13 and 459B.307C, dry bedded manure that is stockpiled within a 9 14 distance of one thousand two hundred fifty feet from another 9 15 stockpile shall be considered part of the same stockpile. 9 16 Sec. 23. Section 459B.306, Code 2017, is amended to read as 9 17 follows: 9 18 459B.306 Stockpiling== NPDES requirementsdry bedded manure 9 19 == water quality ==== minimum requirements for control. 9 20 1. A person stockpiling dry bedded manure shall comply with 9 21 applicable requirements of the national pollutant discharge 9 22 elimination system pursuant to the federal Water Pollution 9 23 Control Act, 33 U.S.C. ch. 26, as amended, and 40 C.F.R. pts. 122 and 412 9 24 . 9 25 2. Stockpiled dry bedded manure shall be disposed of in 9 26 a manner which will not cause surface water or groundwater 9 27 pollution. Disposal shall be deemed as compliance with this 9 28 requirement if it is in accordance with the provisions of state 9 29 law, including the following: 9 30 a. Disposal of dry bedded manure under this chapter, 9 31 including rules and guidelines adopted pursuant to this 9 32 chapter. 9 33 b. Disposal of stockpiled dry bedded manure in accordance 9 34 with chapter 459, or rules and guidelines adopted pursuant to 9 35 that chapter. 10 1 Sec. 24. Section 459B.307, Code 2017, is amended by striking 10 2 the section and inserting in lieu thereof the following: 10 3 459B.307 Stockpiling dry bedded manure ==== water quality ==== 10 4 minimum separation distance requirements and prohibitions. 10 5 1. A person shall not stockpile dry bedded manure within the 10 6 following distances from any of the following: 10 7 a. A terrace tile inlet or surface tile inlet, two hundred 10 8 feet. However, this paragraph does not apply to a person who 10 9 stockpiles the dry bedded manure in a manner that does not 10 10 allow precipitation=induced runoff to drain from the stockpile 10 11 to the terrace tile inlet or surface tile inlet. A terrace 10 12 tile inlet or surface tile inlet does not include a tile inlet 10 13 that is not directly connected to a tile line that discharges 10 14 directly into a water of the state. 10 15 b. (1) A designated area, four hundred feet. However, an 10 16 increased separation distance of eight hundred feet shall apply 10 17 to all of the following: 10 18 (a) A high=quality water resource. 10 19 (b) An agricultural drainage well. 10 20 (c) A known sinkhole. 10 21 (2) Subparagraph (1) does not apply to a person who 10 22 stockpiles dry bedded manure in a manner that does not allow 10 23 precipitation=induced runoff to drain from the stockpile to the 10 24 designated area. 10 25 2. A person shall not stockpile dry bedded manure in a 10 26 grassed waterway. 10 27 3. A person shall not stockpile dry bedded manure on land 10 28 having a slope of more than three percent. However, this 10 29 subsection shall not apply to a person who stockpiles dry 10 30 bedded manure using methods, structures, or practices that 10 31 contain the stockpile, including but not limited to silt 10 32 fences, temporary earthen berms, or other effective measures, 10 33 and that prevent or diminish precipitation=induced runoff from 10 34 the stockpile. 10 35 Sec. 25. NEW SECTION. 459B.307A Stockpiling dry bedded 11 1 manure ==== water quality ==== terrain other than karst terrain. 11 2 A person shall not stockpile dry bedded manure on terrain, 11 3 other than karst terrain, for more than fifteen consecutive 11 4 days unless the person stockpiles the dry bedded manure by 11 5 using any of the following: 11 6 1. A qualified stockpile structure. 11 7 2. A qualified stockpile cover. However, the person shall 11 8 not stockpile dry bedded manure using a qualified stockpile 11 9 cover at a long=term stockpile location unless the person 11 10 stockpiles the dry bedded manure on compacted soil, compacted 11 11 granular aggregates, asphalt, concrete, or other similar 11 12 materials. 11 13 Sec. 26. NEW SECTION. 459B.307B Stockpiling dry bedded 11 14 manure ==== water quality ==== karst terrain. 11 15 A person stockpiling dry bedded manure on karst terrain 11 16 shall comply with all of the following: 11 17 1. The person shall stockpile the dry bedded manure at a 11 18 location where there is a vertical separation distance of at 11 19 least five feet between the bottom of the stockpile and the 11 20 underlying limestone, dolomite, or other soluble rock. 11 21 2. A person who stockpiles dry bedded manure for more than 11 22 fifteen consecutive days shall use any of the following: 11 23 a. A qualified stockpile structure. 11 24 b. A qualified stockpile cover. However, the person shall 11 25 not stockpile dry bedded manure using a qualified stockpile 11 26 cover at a long=term stockpile location unless the stockpile is 11 27 located on reinforced concrete at least five inches thick. 11 28 Sec. 27. NEW SECTION. 459B.307C Stockpiling dry bedded 11 29 manure ==== removal and application. 11 30 1. A person stockpiling dry bedded manure shall remove 11 31 the dry bedded manure and apply it in accordance with the 11 32 provisions of section 459B.306 within six months after the dry 11 33 bedded manure is first stockpiled. 11 34 2. A person shall only apply stockpiled dry bedded manure 11 35 in the same manner as stockpiled dry manure is required to be 12 1 applied under chapter 459, including applying dry bedded manure 12 2 on snow=covered ground or frozen ground as provided in sections 12 3 459.313A and in close proximity to a designated area in the 12 4 same manner as stockpiled dry manure is required to be applied 12 5 under section 459.314. 12 6 Sec. 28. NEW SECTION. 459B.307D Stockpiling dry bedded 12 7 manure ==== water quality ==== exceptions from regulation. 12 8 1. Except as provided in subsection 2, sections 459B.304A, 12 9 459B.307, 459B.307A, 459B.307B, and 459B.307C shall not apply 12 10 to a person who stockpiles dry bedded manure if the stockpile's 12 11 dry bedded manure originates from a dry bedded confinement 12 12 feeding operation that was constructed prior to January 1, 12 13 2006. 12 14 2. The stockpiling requirements of the sections referred to 12 15 in subsection 1 do apply to all of the following: 12 16 a. A stockpile where precipitation=induced runoff has 12 17 drained away. 12 18 b. A stockpile consisting of dry bedded manure originated 12 19 from a dry bedded confinement feeding operation that is 12 20 expanded on or after January 1, 2006. 12 21 Sec. 29. CODE EDITOR DIRECTIVE. 12 22 1. The Code editor is directed to make the following 12 23 transfer: section 459B.305 to section 459B.311. 12 24 2. The Code editor shall correct internal references in the 12 25 Code and in any enacted legislation as necessary due to the 12 26 enactment of this section. 12 27 EXPLANATION 12 28 The inclusion of this explanation does not constitute agreement with 12 29 the explanation's substance by the members of the general assembly. 12 30 GENERAL ==== STOCKPILING. This bill amends three related 12 31 Code chapters which in part regulate the stockpiling of that 12 32 part of effluent produced by agricultural animals and which is 12 33 characterized as "dry" or "solid" (referred to herein as "dry 12 34 or solid manure") meaning that it does not flow perceptibly 12 35 under pressure and is not capable of being transported through 13 1 a mechanical pumping device designed to move a liquid (Code 13 2 sections 459.102 which refers to dry manure, 459A.102 which 13 3 refers to solids, and 459B.102 which refers to dry bedded 13 4 manure) and which originates from animal feeding operations. 13 5 An animal feeding operation is where agricultural animals 13 6 are confined and fed and maintained for at least 45 days. 13 7 The regulations also apply to associated facilities and 13 8 specifically animal truck wash facilities. 13 9 GENERAL ==== AMENDED CHAPTERS. The bill amends provisions 13 10 regulating stockpiles in Code chapters 459A and 459B to be 13 11 the same as or similar as provisions regulating stockpiles 13 12 contained in Code chapter 459. Code chapter 459 ("Animal 13 13 Agriculture Compliance Act") regulates all animal feeding 13 14 operations but primarily confinement feeding operations where 13 15 agricultural animals are confined to areas which are totally 13 16 roofed. Code chapter 459A ("Animal Agriculture Compliance Act 13 17 for Open Feedlot Operations and Animal Truck Wash Facilities") 13 18 regulates open feedlot operations which are unroofed or 13 19 partially roofed areas where there is no vegetation, and 13 20 where settleable solids are separated from liquids; and 13 21 animal truck wash facilities that are used to store effluent 13 22 including solids after truck=trailers transporting agricultural 13 23 animals are cleaned. Code chapter 459B ("Animal Agriculture 13 24 Compliance Act for Dry Bedded Confinement Feeding Operations") 13 25 regulates special confinement feeding operations (e.g., hooped 13 26 structures) in which the effluent is exclusively stored on a 13 27 dry rather than liquid basis. 13 28 ALLOWANCE. The bill provides that a person may stockpile dry 13 29 or solid manure, so long as it complies with legal statutory 13 30 requirements and rules adopted by the department of natural 13 31 resources, including provisions which refer to the federal 13 32 Clean Water Act. 13 33 AIR QUALITY ==== SEPARATION DISTANCE REQUIREMENTS. The bill 13 34 establishes separation distance requirements established 13 35 between a stockpile and a residence not owned by the 14 1 titleholder of the land, a commercial enterprise, a bona fide 14 2 religious institution, an educational institution, or a public 14 3 use area. 14 4 AIR QUALITY ==== EXCEPTIONS. The bill provides exceptions 14 5 from separation distance requirements in cases where a 14 6 titleholder of land benefiting from the separation distance 14 7 signs a waiver, the dry or solid manure originates from a small 14 8 animal feeding operation or small animal truck wash facility, 14 9 or the operation or facility was established prior to January 14 10 1, 2006. 14 11 WATER QUALITY == CONSOLIDATION. The bill provides that two 14 12 stockpiles separated by 1,250 feet or less are considered a 14 13 single stockpile. 14 14 WATER QUALITY ==== GENERAL. The bill requires a person 14 15 stockpiling dry or solid manure to comply with applicable 14 16 requirements of the federal Water Pollution Control Act. In 14 17 addition, the dry or solid manure must not be disposed of in a 14 18 manner that will cause surface water or groundwater pollution. 14 19 WATER QUALITY ==== SEPARATION DISTANCE REQUIREMENTS. The bill 14 20 establishes separation distances between a stockpile and a 14 21 designated area (sinkhole, cistern, abandoned well, unplugged 14 22 agricultural drainage well, agricultural drainage well surface 14 23 inlet, drinking water well, a designated wetland, or a water 14 24 source) and a high=quality water resource. A stockpile 14 25 also cannot be located on land having a slope of more than 3 14 26 percent, unless measures are installed to prevent runoff. 14 27 WATER QUALITY ==== NONKARST AND KARST TERRAIN. The bill 14 28 prohibits a person from stockpiling dry manure on terrain, 14 29 other than karst terrain, for more than 15 consecutive days 14 30 unless the person uses a roofed structure (qualified stockpile 14 31 structure) or other barrier (qualified stockpile cover). If a 14 32 cover is used to store dry or solid manure on a long=term basis 14 33 (more than six months in any two=year period) the ground or 14 34 flooring must be composed on nonpermeable materials. If the 14 35 stockpile is located on karst terrain, there must be at least 15 1 a five=foot barrier between the bottom of the stockpile and 15 2 the underlying limestone, dolomite, or other soluble rock. In 15 3 addition, if the dry or solid manure is stockpiled for more 15 4 than 15 days, a qualified stockpile structure or qualified 15 5 stockpile cover must be used. If a cover is used to store 15 6 dry or solid manure on a long=term basis, the stockpile must 15 7 be located on reinforced concrete at least five inches thick. 15 8 The bill eliminates a provision in Code chapter 459 which 15 9 requires a stockpile inspection statement be filed with the 15 10 department. The bill eliminates a provision which applies 15 11 the same requirements to dry bedded manure stockpiled in an 15 12 alluvial aquifer. 15 13 WATER QUALITY ==== APPLICATION PRACTICES. The bill requires 15 14 that dry or solid manure must be removed within six months 15 15 after it is first stockpiled. It also requires a person to 15 16 apply the dry or solid manure in the same manner as required in 15 17 Code chapter 459, including on snow=covered ground or frozen 15 18 ground and in close proximity to a designated area. 15 19 WATER QUALITY ==== EXCEPTIONS. The provisions of the bill 15 20 which establish water quality regulations do not apply to 15 21 operations or facilities constructed prior to January 1, 2006, 15 22 unless they are expanded. These exceptions do not apply to 15 23 provisions prohibiting water pollution. 15 24 CIVIL PENALTIES. Under Code chapter 459, different civil 15 25 penalties apply to violations involving air quality and water 15 26 quality. A person who violates a provision regulating air 15 27 quality is subject to a range of administratively assessed 15 28 civil penalties based on a number of criteria established 15 29 by the department. The civil penalty cannot exceed $10,000 15 30 (Code sections 455B.109 and 459.602). A person who violates 15 31 a provision regulating water quality is subject to an 15 32 administratively assessed civil penalty of not more than 15 33 $10,000 (Code sections 455B.109 and 459.603), or a judicially 15 34 assessed amount of not more than $5,000 per each day of the 15 35 violation (Code sections 455B.191 and 459.603). 16 1 The bill provides that a person stockpiling dry manure from 16 2 an open feedlot operation or an animal truck wash facility who 16 3 violates the new air quality provision is subject to the same 16 4 civil penalty that applies to a person stockpiling dry manure 16 5 from a confinement feeding operation. Otherwise, the person is 16 6 subject to the same civil penalty as applies to water quality 16 7 regulations applicable to confinement feeding operations. A 16 8 person stockpiling dry manure from a dry bedded confinement 16 9 feeding operation is subject to the same civil penalties that 16 10 apply to confinement feeding operations violating air or water 16 11 quality regulations. LSB 2315YH (8) 87 da/rj
