Bill Text: IA SF2049 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act requiring a notice of structural failure involving a manure storage structure that is part of a confinement feeding operation, making penalties applicable, and including effective date provisions.
Spectrum: Partisan Bill (Independent 1-0)
Status: (Introduced - Dead) 2018-02-06 - Subcommittee: Rozenboom, Shipley, and D. Johnson. S.J. 239. [SF2049 Detail]
Download: Iowa-2017-SF2049-Introduced.html
Senate File 2049 - Introduced SENATE FILE BY D. JOHNSON A BILL FOR 1 An Act requiring a notice of structural failure involving a 2 manure storage structure that is part of a confinement 3 feeding operation, making penalties applicable, and 4 including effective date provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5219XS (11) 87 da/rn PAG LIN 1 1 Section 1. NEW SECTION. 459.309 Manure storage structures 1 2 == notice of structural failure. 1 3 1. The owner or operator of a confinement feeding operation 1 4 shall notify the department of the structural failure of a 1 5 manure storage structure that is part of the confinement 1 6 feeding operation, regardless of whether it is a failure in 1 7 design or construction or whether such failure may result in a 1 8 violation of section 459.311. 1 9 2. The owner or operator of a confinement feeding operation 1 10 shall notify the department of a probable immediate structural 1 11 failure of a manure storage structure that is part of a 1 12 confinement feeding operation, as described in subsection 1. 1 13 The determination of a probable immediate structural failure 1 14 shall be based on factors established by the department which 1 15 may include any of the following: 1 16 a. An observation by the owner or operator of the 1 17 confinement feeding operation that the integrity of the 1 18 structure has been compromised. 1 19 b. An observation by the owner or operator of the 1 20 confinement feeding operation that a discharge from the manure 1 21 storage structure appears to have occurred. 1 22 c. A verbal or written report made to the owner or operator 1 23 of the confinement feeding operation by a professional engineer 1 24 based on the professional engineer's inspection of the manure 1 25 storage structure. 1 26 3. The department shall adopt rules providing notice 1 27 procedures, including when and how the owner or operator of 1 28 the confinement feeding operation is required to contact the 1 29 department. 1 30 a. The department may provide for different procedures based 1 31 on factors established by the department that quantify the 1 32 level of threat to water quality resulting from a structural 1 33 failure as described in subsection 1 or a probable immediate 1 34 structural failure as described in subsection 2. The factors 1 35 may include but are not limited to any of the following: 2 1 (1) The type and size of the confinement feeding operation 2 2 structure. 2 3 (2) The proximity of any discharge or probable immediate 2 4 discharge to the groundwater, a major water source, or a 2 5 high=quality water source. 2 6 (3) Whether the confinement feeding operation structure is 2 7 located on karst terrain. 2 8 b. The department may provide for different procedures 2 9 based on whether the structural failure has caused or may cause 2 10 injury or suffering to an animal maintained in a confinement 2 11 building that is associated with a manure storage structure. 2 12 Sec. 2. EFFECTIVE DATE. This Act, being deemed of immediate 2 13 importance, takes effect upon enactment. 2 14 EXPLANATION 2 15 The inclusion of this explanation does not constitute agreement with 2 16 the explanation's substance by the members of the general assembly. 2 17 BILL'S PROVISIONS. This bill requires the owner or operator 2 18 of a confinement feeding operation to notify the department of 2 19 natural resources (DNR) of any actual or probable immediate 2 20 structural failure from an associated manure storage structure 2 21 (structure). The failure may be the result of either the 2 22 design or construction of the structure. The determination 2 23 of a probable immediate structural failure must be based on 2 24 factors established by DNR which may include an observation by 2 25 the owner or operator or a report submitted to the owner or 2 26 operator by a professional engineer. DNR is required to adopt 2 27 rules that provide for notice procedures which may take into 2 28 account factors that quantify the level of threat to water 2 29 quality resulting from a discharge or an injury to or death of 2 30 an animal maintained in an associated confinement building. 2 31 BACKGROUND. The bill amends provisions in Code chapter 459 2 32 ("Animal Agriculture Compliance Act") which in part regulates 2 33 confinement feeding operations; meaning any area where certain 2 34 agricultural animals are confined to totally roofed areas 2 35 (most commonly buildings), if fed and maintained for 45 3 1 days or more in any 12=month period, and includes associated 3 2 manure storage structures. Code chapter 459, subchapter III, 3 3 regulates water quality, and includes requirements for the 3 4 construction of a number of types of manure storage structures, 3 5 including those made of durable materials such as concrete 3 6 and steel (formed) and an impoundment including an anaerobic 3 7 lagoon, aerobic structure, or earthen manure storage basin 3 8 (unformed). Generally, a manure storage structure must be 3 9 constructed pursuant to design standards established by DNR 3 10 rule (Code sections 459.307 and 459.308, and 567 IAC ch. 65). 3 11 A confinement feeding operation structure is required to retain 3 12 all manure produced between periods of manure disposal (Code 3 13 section 459.311) and is prohibited from discharging manure into 3 14 waters of the state which includes surface waters or ground 3 15 water sources. 3 16 PENALTIES APPLICABLE. A person who violates Code chapter 3 17 459, subchapter III, regulating water quality, is subject 3 18 to judicial action brought by the attorney general with 3 19 a civil penalty not to exceed $5,000 for each day of such 3 20 violation (Code sections 455B.191 and 459.603). However, 3 21 DNR is authorized to impose a range of civil penalties 3 22 administratively based on a number of criteria and in that case 3 23 the civil penalty cannot exceed $10,000 (Code sections 455B.109 3 24 and 459.603). 3 25 EFFECTIVE DATE. The bill, if enacted, would take effect upon 3 26 enactment. LSB 5219XS (11) 87 da/rn
