Bill Text: IA SF328 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act providing for the confinement of agricultural animals and the storage of manure or washwater on karst terrain or terrain that drains into a known sinkhole, and making penalties applicable.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-02-28 - Subcommittee: Zumbach, Brown, and Kinney. S.J. 425. [SF328 Detail]
Download: Iowa-2017-SF328-Introduced.html
Senate File 328 - Introduced SENATE FILE BY PETERSEN A BILL FOR 1 An Act providing for the confinement of agricultural animals 2 and the storage of manure or washwater on karst terrain 3 or terrain that drains into a known sinkhole, and making 4 penalties applicable. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1180XS (3) 87 da/rj PAG LIN 1 1 DIVISION I 1 2 ANIMAL FEEDING OPERATIONS 1 3 Section 1. Section 459.102, Code 2017, is amended by adding 1 4 the following new subsections: 1 5 NEW SUBSECTION. 29A. "Formed egg washwater storage 1 6 structure" means an egg washwater storage structure that has 1 7 walls and a floor constructed of concrete, concrete block, 1 8 wood, steel, or similar materials. 1 9 NEW SUBSECTION. 57A. "Unformed egg washwater storage 1 10 structure" means an egg washwater storage structure other than 1 11 a formed egg washwater storage structure. 1 12 Sec. 2. Section 459.307, subsection 4, Code 2017, is amended 1 13 by striking the subsection. 1 14 Sec. 3. Section 459.308, subsection 3, Code 2017, is amended 1 15 by striking the subsection. 1 16 Sec. 4. NEW SECTION. 459.309 Construction and expansion of 1 17 animal feeding operation structures == karst terrain or terrain 1 18 that drains into a known sinkhole. 1 19 1. A person shall not construct or expand an animal feeding 1 20 operation structure on karst terrain or terrain that drains 1 21 into a known sinkhole. 1 22 2. Subsection 1 does not apply to any of the following: 1 23 a. The construction of a formed manure storage structure 1 24 that is constructed to replace an unformed manure storage 1 25 structure. The formed manure storage structure must 1 26 be constructed in a manner that complies with upgraded 1 27 construction design standards necessary to ensure that the 1 28 structure does not pollute groundwater sources. However, the 1 29 capacity of all replacement formed manure storage structures 1 30 shall not exceed the capacity required to store all manure from 1 31 the animal feeding operation on the effective date of this Act. 1 32 b. The construction of a formed egg washwater storage 1 33 structure that is constructed to replace an unformed egg 1 34 washwater storage structure. The formed egg washwater storage 1 35 structure must be constructed in a manner that complies with 2 1 upgraded construction design standards necessary to ensure that 2 2 the structure does not pollute groundwater sources. However, 2 3 the capacity of all replacement formed egg washwater storage 2 4 structures shall not exceed the capacity required to store 2 5 all egg washwater from the animal feeding operation on the 2 6 effective date of this Act. 2 7 3. a. If an unformed manure storage structure was 2 8 constructed on karst terrain or terrain that drains into a 2 9 known sinkhole prior to the effective date of this Act, there 2 10 must be a twenty=five=foot vertical separation distance between 2 11 the bottom of the unformed manure storage structure and any 2 12 underlying limestone, dolomite, or other soluble rock. The 2 13 unformed manure storage structure must have been constructed 2 14 according to construction design standards necessary to ensure 2 15 that the structure does not pollute groundwater sources. 2 16 b. A formed manure storage structure constructed on karst 2 17 terrain or terrain that drains into a known sinkhole prior to 2 18 the effective date of this Act, must have been constructed 2 19 according to construction design standards necessary to ensure 2 20 that the structure does not pollute groundwater sources. 2 21 Sec. 5. Section 459.311D, Code 2017, is amended by striking 2 22 the section and inserting in lieu thereof the following: 2 23 459.311D Stockpiling dry manure on karst terrain or terrain 2 24 that drains into a known sinkhole. 2 25 1. Except as provided in this section, a person shall not 2 26 stockpile dry manure on karst terrain or in an area that drains 2 27 into a known sinkhole. 2 28 2. A person who stockpiled dry manure on karst terrain 2 29 or in an area that drains into a known sinkhole prior to the 2 30 effective date of this Act may continue to stockpile the dry 2 31 manure at the same location so long as the person complies with 2 32 all of the following: 2 33 a. There is a vertical separation distance of at least five 2 34 feet between the bottom of the stockpile and the underlying 2 35 limestone, dolomite, or other soluble rock. 3 1 b. The dry manure is stockpiled in a qualified stockpile 3 2 structure. 3 3 c. The person does not expand the volume or weight of dry 3 4 manure. 3 5 d. A person shall discontinue stockpiling dry manure at 3 6 that same location on and after July 1, 2027, unless the 3 7 person obtains a waiver by the department upon such terms and 3 8 conditions required by the department. The department shall 3 9 only grant a waiver if the department is satisfied that the 3 10 stockpiled dry manure does not pollute groundwater sources. 3 11 Sec. 6. Section 459.319, subsection 2, Code 2017, is amended 3 12 by adding the following new paragraph: 3 13 NEW PARAGRAPH. c. A person who stockpiles dry manure on 3 14 karst terrain or in an area that drains into a known sinkhole. 3 15 DIVISION II 3 16 OPEN FEEDLOT OPERATIONS AND ANIMAL TRUCK WASH FACILITIES 3 17 Sec. 7. Section 459A.102, Code 2017, is amended by adding 3 18 the following new subsection: 3 19 NEW SUBSECTION. 31A. "Qualified stockpile structure" means 3 20 the same as defined in section 459.102. 3 21 Sec. 8. Section 459A.205, subsection 8, paragraph e, 3 22 subparagraph (2), Code 2017, is amended to read as follows: 3 23 (2) Ifana formed animal truck wash effluent structure 3 24 is to be constructed on karst terrain as provided in section 3 25 459A.406A, the engineering report must establish that the 3 26 construction complies with the requirements of section 3 27 459A.404. 3 28 Sec. 9. Section 459A.403, Code 2017, is amended by adding 3 29 the following new subsection: 3 30 NEW SUBSECTION. 3. A person shall not stockpile solids on 3 31 karst terrain or in an area that drains into a known sinkhole 3 32 except as provided in section 459A.403A. 3 33 Sec. 10. NEW SECTION. 459A.403A Stockpiling solids on karst 3 34 terrain or terrain that drains into a known sinkhole == open 3 35 feedlots and animal truck wash facility. 4 1 1. Except as provided in this section, a person shall not 4 2 stockpile solids on karst terrain or in an area that drains 4 3 into a known sinkhole. 4 4 2. A person who stockpiled solids on karst terrain or in an 4 5 area that drains into a known sinkhole prior to the effective 4 6 date of this Act may continue to stockpile the solids at the 4 7 same location so long as the person complies with all of the 4 8 following: 4 9 a. There is a vertical separation distance of at least five 4 10 feet between the bottom of the stockpile and any underlying 4 11 limestone, dolomite, or other soluble rock. 4 12 b. The solids are stockpiled in a qualified stockpile 4 13 structure. 4 14 c. The person does not expand the volume or weight of 4 15 stockpiled solids. 4 16 d. A person stockpiling solids shall remove the solids and 4 17 apply them in accordance with the provisions of chapter 459, 4 18 including section 459.311 within six months after the solids 4 19 are first stockpiled. A person shall discontinue stockpiling 4 20 the solids at that same location on and after July 1, 2027, 4 21 unless the person obtains a waiver by the department upon 4 22 such terms and conditions required by the department. The 4 23 department shall only grant a waiver if the department is 4 24 satisfied that the stockpiled solids do not pollute groundwater 4 25 sources. 4 26 Sec. 11. Section 459A.404, subsection 5, Code 2017, is 4 27 amended by striking the subsection. 4 28 Sec. 12. NEW SECTION. 459A.406 Construction and expansion 4 29 of open feedlot operation structures == karst terrain or terrain 4 30 that drains into a known sinkhole. 4 31 1. A person shall not construct or expand an open feedlot 4 32 operation structure on karst terrain or terrain that drains 4 33 into a known sinkhole. 4 34 2. If an open feedlot operation structure was constructed 4 35 on karst terrain or terrain that drains into a known sinkhole 5 1 prior to the effective date of this Act, there must be a 5 2 twenty=five=foot vertical separation distance between the 5 3 bottom of the open feedlot operation structure and any 5 4 underlying limestone, dolomite, or other soluble rock. The 5 5 open feedlot operation structure must have been constructed 5 6 according to construction design standards necessary to ensure 5 7 the structure does not pollute groundwater sources. 5 8 Sec. 13. NEW SECTION. 459A.406A Construction and expansion 5 9 of animal truck wash effluent structures == karst terrain or 5 10 terrain that drains into a known sinkhole. 5 11 1. A person shall not construct or expand an animal truck 5 12 wash effluent structure on karst terrain on and after the 5 13 effective date of this Act. 5 14 2. Subsection 1 does not apply to the construction 5 15 of a formed animal truck wash effluent structure that is 5 16 constructed to replace an unformed animal truck wash effluent 5 17 structure on karst terrain or terrain that drains into a known 5 18 sinkhole. The formed animal truck wash effluent structure 5 19 must be constructed in a manner that complies with upgraded 5 20 construction design standards necessary to ensure that the 5 21 structure does not pollute groundwater sources. However, the 5 22 capacity of all replacement formed animal truck wash effluent 5 23 structures shall not exceed the capacity required to store all 5 24 animal truck wash effluent from the animal truck wash facility 5 25 on the effective date of this Act. 5 26 3. a. If an unformed animal truck wash effluent structure 5 27 was constructed on karst terrain or terrain that drains into a 5 28 known sinkhole prior to the effective date of this Act, there 5 29 must be a twenty=five=foot vertical separation distance between 5 30 the bottom of the unformed animal truck wash effluent structure 5 31 and any underlying limestone, dolomite, or other soluble rock. 5 32 The unformed animal truck wash effluent structure must have 5 33 been constructed according to construction design standards 5 34 necessary to ensure the structure does not pollute groundwater 5 35 sources. 6 1 b. A formed animal truck wash effluent structure constructed 6 2 on karst terrain or terrain that drains into a known sinkhole 6 3 prior to the effective date of this Act, must have been 6 4 constructed according to construction design standards 6 5 necessary to ensure that the structure does not pollute 6 6 groundwater sources. 6 7 DIVISION III 6 8 DRY BEDDED CONFINEMENT FEEDING OPERATIONS 6 9 Sec. 14. Section 459B.201, Code 2017, is amended to read as 6 10 follows: 6 11 459B.201 Construction design standards. 6 12 A person constructing a dry bedded confinement feeding 6 13 operation structureon karst terrain orin an alluvial aquifer 6 14 area shall comply with all of the following: 6 15 1. The person must construct the dry bedded confinement 6 16 feeding operation structure at a location where there is a 6 17 vertical separation distance of at least five feet between 6 18 the bottom of the floor of the dry bedded confinement feeding 6 19 operation structure and theunderlying limestone, dolomite, or 6 20 other soluble rock in karst terrain or theunderlying sand and 6 21 gravel aquifer in an alluvial aquifer area. 6 22 2. The person must construct the dry bedded confinement 6 23 feeding operation structure with a floor consisting of 6 24 reinforced concrete at least five inches thick. 6 25 Sec. 15. NEW SECTION. 459B.203 Karst terrain and terrain 6 26 that drains into a known sinkhole == construction and expansion 6 27 of dry bedded confinement feeding operation structures. 6 28 1. A person shall not construct or expand a dry bedded 6 29 confinement feeding operation structure on karst terrain or 6 30 terrain that drains into a known sinkhole. 6 31 2. If a dry bedded confinement feeding operation structure 6 32 was constructed on karst terrain or terrain that drains into 6 33 a known sinkhole prior to the effective date of this Act, 6 34 there must be a five=foot vertical separation distance between 6 35 the bottom of the dry bedded confinement feeding operation 7 1 structure and any underlying limestone, dolomite, or other 7 2 soluble rock. The dry bedded confinement feeding operation 7 3 structure must have been constructed according to construction 7 4 design standards necessary to ensure the structure does not 7 5 pollute groundwater sources. 7 6 Sec. 16. Section 459B.307, Code 2017, is amended by adding 7 7 the following new subsection: 7 8 NEW SUBSECTION. 3. A person shall only stockpile dry bedded 7 9 manure on karst terrain or terrain that drains into a known 7 10 sinkhole as provided in section 459B.307A. 7 11 Sec. 17. Section 459B.307, subsection 1, paragraph e, 7 12 unnumbered paragraph 1, Code 2017, is amended to read as 7 13 follows: 7 14 The person shall not stockpile dry bedded manureon karst 7 15 terrain orin an alluvial aquifer area unless the person 7 16 complies with all of the following: 7 17 Sec. 18. NEW SECTION. 459B.307A Stockpiling dry bedded 7 18 manure on karst terrain or terrain that drains into a known 7 19 sinkhole. 7 20 1. Except as provided in this section, a person shall not 7 21 stockpile dry bedded manure on karst terrain or in an area that 7 22 drains into a known sinkhole. 7 23 2. A person who stockpiled dry bedded manure on karst 7 24 terrain or in an area that drains into a known sinkhole prior 7 25 to the effective date of this Act may continue to stockpile the 7 26 dry bedded manure at the same location so long as the person 7 27 complies with all of the following: 7 28 a. There is a vertical separation distance of at least five 7 29 feet between the bottom of the stockpile and any underlying 7 30 limestone, dolomite, or other soluble rock. 7 31 b. The dry bedded manure is stockpiled in a qualified 7 32 stockpile structure. 7 33 c. The person does not expand the volume or weight of 7 34 stockpiled dry bedded manure. 7 35 d. A person stockpiling dry bedded manure shall remove 8 1 the dry bedded manure and apply it in accordance with the 8 2 provisions of chapter 459, including section 459.311 within 8 3 six months after the dry bedded manure is first stockpiled. 8 4 A person shall discontinue stockpiling dry bedded manure at 8 5 that same location on and after July 1, 2027, unless the 8 6 person obtains a waiver by the department upon such terms and 8 7 conditions required by the department. The department shall 8 8 only grant a waiver if the department is satisfied that the 8 9 stockpiled dry bedded manure does not pollute groundwater 8 10 sources. 8 11 EXPLANATION 8 12 The inclusion of this explanation does not constitute agreement with 8 13 the explanation's substance by the members of the general assembly. 8 14 BILL'S PROVISIONS. This bill prohibits the construction 8 15 or expansion of an animal feeding operation structure, open 8 16 feedlot operation structure, animal truck wash effluent 8 17 structure, or dry bedded confinement feeding operation 8 18 structure from being constructed or expanded on karst terrain 8 19 or terrain that drains into a known sinkhole. The bill 8 20 prohibits the stockpiling of certain dry or solid manure on 8 21 such terrain. The bill also regulates the use of structures 8 22 or stockpiles existing on such terrain prior to the bill's 8 23 effective date. The bill retains or expands vertical 8 24 separation distances required between the bottom of a structure 8 25 or stockpile and any underlying limestone, dolomite, or other 8 26 soluble rock. The bill requires that a stockpile located 8 27 on the terrain be kept in a qualified stockpile structure 8 28 which is a building or other roofed structure (Code section 8 29 459.102). It provides for the removal of manure or solids from 8 30 the stockpile. It also requires that an existing stockpile be 8 31 discontinued on July 1, 2027, unless the department of natural 8 32 resources grants a waiver. 8 33 BACKGROUND == STRUCTURES ASSOCIATED WITH OPERATIONS AND 8 34 FACILITIES. An animal feeding operation is a location where 8 35 agricultural animals are confined for 45 days or more in 9 1 any 12=month period and includes associated animal feeding 9 2 operation structures. The provisions regulating confined 9 3 agricultural animals are generally included in three related 9 4 Code chapters. Code chapter 459 ("Animal Agriculture 9 5 Compliance Act") regulates all animal feeding operations but 9 6 primarily confinement feeding operations where agricultural 9 7 animals are confined to areas which are totally roofed. Code 9 8 chapter 459A ("Animal Agriculture Compliance Act for Open 9 9 Feedlot Operations and Animal Truck Wash Facilities") regulates 9 10 open feedlot operations which are unroofed or partially roofed 9 11 areas where there is no vegetation, and where settleable solids 9 12 are separated from liquids; and animal truck wash facilities 9 13 used to store effluent including solids after truck=trailers 9 14 or similar vehicles transporting agricultural animals are 9 15 cleaned. Code chapter 459B ("Animal Agriculture Compliance 9 16 Act for Dry Bedded Confinement Feeding Operations") regulates 9 17 special confinement feeding operations (hoop buildings) in 9 18 which the effluent is exclusively stored on a dry rather 9 19 than liquid basis. An animal feeding operation structure 9 20 refers to a confinement building, manure storage structure, 9 21 dry bedded confinement feeding operation structure, or egg 9 22 washwater storage structure (Code chapter 459.102). An open 9 23 feedlot operation structure refers to an open feedlot where 9 24 agricultural animals are maintained, and a basin or other 9 25 constructed area where effluent and solids are separated 9 26 (Code section 459A.102). A dry bedded confinement feeding 9 27 operation structure refers to a totally roofed building where 9 28 agricultural animals are maintained or a structure storing dry 9 29 bedded manure (Code section 459B.102). 9 30 BACKGROUND == STOCKPILING. Stockpiling refers to that part 9 31 of manure or effluent produced by agricultural animals which 9 32 is "dry" or "solid", meaning that it does not flow perceptibly 9 33 under pressure and is not capable of being transported through 9 34 a mechanical pumping device designed to move a liquid (Code 9 35 sections 459.102 which refers to dry manure, 459A.102 which 10 1 refers to solids, and 459B.102 which refers to dry bedded 10 2 manure). 10 3 BACKGROUND == KARST TERRAIN AND SINKHOLES. Karst terrain is 10 4 characterized by the presence of bedrock composed of limestone 10 5 or dolomite near the ground surface which dissolves easily. 10 6 Such terrain often includes sinkholes which are a depression or 10 7 hole in the ground caused by a collapse of the ground's surface 10 8 layer. 10 9 APPLICABLE CIVIL PENALTIES. Each of the three Code chapters 10 10 provide for the imposition and assessment of civil penalties 10 11 for violations involving water quality. A person who violates 10 12 a water quality provision is subject to an administratively 10 13 assessed civil penalty of not more than $10,000 (Code sections 10 14 455B.109, 459.603, 459A.502, and 459B.402), or a judicially 10 15 assessed amount of not more than $5,000 per each day of the 10 16 violation (Code sections 455B.191 and 459.603). LSB 1180XS (3) 87 da/rj
