House File 425 - Introduced
HOUSE FILE
BY SEXTON
A BILL FOR
1 An Act relating to the control of effluent from animal truck
2 wash facilities, by requiring certain permits, regulating
3 storage and application of effluent, and making penalties
4 applicable.
5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
TLSB 2294YH (8) 86
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PAG LIN
1 1 Section 1. Section 459A.101, Code 2015, is amended to read
1 2 as follows:
1 3 459A.101 Title.
1 4 This chapter shall be known and may be cited as the
1 5 "Animal Agriculture Compliance Act for Open Feedlot Operations"
1 6 Operations and Animal Truck Wash Facilities".
1 7 Sec. 2. Section 459A.102, Code 2015, is amended by adding
1 8 the following new subsections:
1 9 NEW SUBSECTION. 3A. "Animal truck wash effluent" means
1 10 a combination of manure, washwater=induced runoff, or other
1 11 runoff derived from an animal truck wash facility before its
1 12 solids have been removed.
1 13 NEW SUBSECTION. 3B. "Animal truck wash effluent basin"
1 14 means an impoundment which is part of an animal truck wash
1 15 facility, if the primary function of the impoundment is to
1 16 collect and store animal truck wash effluent. "Animal truck
1 17 wash effluent basin" does not include a storage structure as
1 18 defined in section 459.102.
1 19 NEW SUBSECTION. 3C. "Animal truck wash facility" means an
1 20 operation engaged exclusively in washing single=unit trucks,
1 21 truck=tractors, semitrailers, or trailers used to transport
1 22 animals, if the operation stores animal truck wash effluent
1 23 derived from the operation.
1 24 NEW SUBSECTION. 6A. "Basin" means any of the following:
1 25 a. A settled open feedlot effluent basin.
1 26 b. An animal truck wash effluent basin.
1 27 NEW SUBSECTION. 7A. "Concentrated animal feeding operation"
1 28 means the same as defined in 40 C.F.R. {122.23.
1 29 NEW SUBSECTION. 11A. "Effluent" means open feedlot effluent
1 30 or animal truck wash effluent.
1 31 NEW SUBSECTION. 11B. "Federal Water Pollution Control Act",
1 32 means the federal Water Pollution Control Act of 1972, 33
1 33 U.S.C. ch. 26, as amended, and 40 C.F.R., pts. 122 and 412.
1 34 NEW SUBSECTION. 11C. "Formed animal truck wash effluent
1 35 basin" means a covered or uncovered impoundment used to store
2 1 effluent from an animal truck wash facility, which has walls
2 2 and a floor constructed of concrete, concrete block, wood,
2 3 steel, or similar materials.
2 4 NEW SUBSECTION. 13A. "NPDES permit" means a permit issued
2 5 by the department under the national pollutant discharge
2 6 elimination system pursuant to the federal Water Pollution
2 7 Control Act of 1972, 33 U.S.C. ch. 26, as amended, and 40
2 8 C.F.R. pts. 122 and 412.
2 9 NEW SUBSECTION. 19A. "Owner" means a person who holds legal
2 10 or equitable title to any of the following:
2 11 a. The property where an open feedlot operation or animal
2 12 truck wash facility is located.
2 13 b. An open feedlot operation structure which is part of an
2 14 open feedlot operation or an animal truck wash effluent basin
2 15 which is part of an animal truck wash facility.
2 16 NEW SUBSECTION. 19B. "Professional engineer" means the same
2 17 as defined in section 459.102.
2 18 NEW SUBSECTION. 23A. a. "Solids" means that portion of
2 19 effluent that meets all of the following requirements:
2 20 (1) Does not flow perceptibly under pressure.
2 21 (2) Is not capable of being transported through a mechanical
2 22 pumping device designed to move a liquid.
2 23 (3) The constituent molecules do not flow freely among
2 24 themselves but do show the tendency to separate under stress.
2 25 b. "Solids" includes settleable solids and scraped solids.
2 26 NEW SUBSECTION. 25A. "Structure" means any of the
2 27 following:
2 28 a. An open feedlot operation structure.
2 29 b. An animal truck wash effluent basin.
2 30 NEW SUBSECTION. 25B. "Unformed animal truck wash effluent
2 31 basin" means a covered or uncovered impoundment used to store
2 32 animal truck wash effluent, other than a formed animal truck
2 33 wash effluent basin.
2 34 Sec. 3. Section 459A.102, subsections 14, 16, 23, and 25,
2 35 Code 2015, are amended to read as follows:
3 1 14. "Nutrient management plan" or "plan" means a plan which
3 2 provides for the management of open feedlot effluent, or animal
3 3 truck wash effluent, including the application of effluent as
3 4 provided in section 459A.208.
3 5 16. "Open feedlot effluent" or "effluent" means a
3 6 combination of manure, precipitation=induced runoff, or other
3 7 runoff from an open feedlot before its settleable solids have
3 8 been removed.
3 9 23. "Settled open feedlot effluent basin" or "basin" means
3 10 an impoundment which is part of an open feedlot operation, if
3 11 the primary function of the impoundment is to collect and store
3 12 settled open feedlot effluent.
3 13 25. "Stockpile" means to store solids from an any of the
3 14 following:
3 15 a. An open feedlot operation outside of an open feedlot
3 16 operation structure, or outside of an area that drains to an
3 17 open feedlot operation structure.
3 18 b. An animal truck wash facility, outside an animal truck
3 19 wash facility, or outside an area that drains to an animal
3 20 truck wash facility.
3 21 Sec. 4. Section 459A.102, subsections 19 and 21, Code 2015,
3 22 are amended by striking the subsections.
3 23 Sec. 5. Section 459A.103, subsection 3, paragraph b, Code
3 24 2015, is amended to read as follows:
3 25 b. Notwithstanding paragraph "a", only for purposes of
3 26 determining whether an open feedlot operation must obtain an
3 27 operating a NPDES permit, the animal unit capacity of the
3 28 animal feeding operation includes the animal unit capacities
3 29 of both the open feedlot operation and the confinement feeding
3 30 operation if the animals in the open feedlot operation and the
3 31 confinement feeding operation are all in the same category or
3 32 type of animals as used in the definitions of large and medium
3 33 concentrated animal feeding operations in 40 C.F.R. pt. 122.
3 34 In all other respects the confinement feeding operation shall
3 35 be governed by chapter 459 and the open feedlot operation shall
4 1 be governed by this chapter.
4 2 Sec. 6. Section 459A.103, subsection 6, Code 2015, is
4 3 amended to read as follows:
4 4 6. The regulation of open feedlot effluent under this
4 5 chapter shall be construed as also regulating settled open
4 6 feedlot effluent and solids.
4 7 Sec. 7. Section 459A.104, Code 2015, is amended to read as
4 8 follows:
4 9 459A.104 General authority ==== commission and department ====
4 10 purpose ==== compliance.
4 11 1. The commission shall establish by rule adopted pursuant
4 12 to chapter 17A, requirements relating to the construction,
4 13 including expansion, or operation of open all of the following:
4 14 a. Open feedlot operations, including any related open
4 15 feedlot operation structures.
4 16 b. Animal truck wash facilities, including any related
4 17 animal truck wash effluent basins.
4 18 2. Any provision referring generally to compliance with
4 19 the requirements of this chapter as applied to open feedlot
4 20 operations or animal truck wash facilities also includes
4 21 compliance with requirements in rules adopted by the commission
4 22 pursuant to this section, orders issued by the department as
4 23 authorized under this chapter, and the terms and conditions
4 24 applicable to licenses, certifications, permits, or nutrient
4 25 management plans required under this chapter.
4 26 3. a. The purpose of this chapter is to provide
4 27 requirements relating to the construction, including the
4 28 expansion, and operation of open all of the following:
4 29 (1) Open feedlot operations, and the control of open feedlot
4 30 effluent, which.
4 31 (2) Animal truck wash facilities, and the control of animal
4 32 truck wash effluent.
4 33 b. The provisions of this chapter shall be construed to
4 34 supplement applicable provisions of chapter 459. If there is
4 35 a conflict between the provisions of this chapter and chapter
5 1 459, the provisions of this chapter shall prevail.
5 2 Sec. 8. Section 459A.105, Code 2015, is amended to read as
5 3 follows:
5 4 459A.105 Exception to regulation.
5 5 1. Except as provided in subsection 2, the requirements
5 6 of this chapter which regulate open feedlot operations,
5 7 including rules adopted by the department commission pursuant
5 8 to section 459A.104, shall not apply to research activities and
5 9 experiments performed under the authority and regulations of a
5 10 research college, if the research activities and experiments
5 11 relate to an open feedlot operation structure or the disposal
5 12 or treatment of effluent originating from an open feedlot
5 13 operation.
5 14 2. The requirements of section 459A.410, including rules
5 15 adopted by the department commission under that section, apply
5 16 to research activities and experiments performed under the
5 17 authority and regulations of a research college.
5 18 Sec. 9. Section 459A.201, subsection 3, paragraph b, Code
5 19 2015, is amended to read as follows:
5 20 b. (1) A nutrient management plan as provided in section
5 21 459A.208 shall be approved or disapproved as part of a
5 22 construction permit application pursuant to section 459A.205.
5 23 (2) If For an open feedlot operation, if the nutrient
5 24 management plan is not part of an application for a
5 25 construction permit, the nutrient management plan shall be
5 26 approved or disapproved within sixty days from the date that
5 27 the department receives the nutrient management plan.
5 28 Sec. 10. Section 459A.205, subsection 1, Code 2015, is
5 29 amended to read as follows:
5 30 1. a. The department shall approve or disapprove
5 31 applications for permits for the construction, including the
5 32 expansion, of settled the following structures:
5 33 (1) Settled open feedlot effluent basins and alternative
5 34 technology systems, which are part of open feedlot operations
5 35 as provided in this chapter.
6 1 (2) Animal truck wash effluent basins which are part of
6 2 animal truck wash facilities as provided in this chapter.
6 3 b. The department's decision to approve or disapprove
6 4 a permit for the construction of a basin or alternative
6 5 system structure described in paragraph "a" shall be based on
6 6 whether the application is submitted according to procedures
6 7 and standards required by this chapter. A person shall not
6 8 begin construction of a basin or alternative system requiring
6 9 a permit such a structure under this section, unless the
6 10 department first approves the person's application and issues
6 11 to the person a construction permit.
6 12 Sec. 11. Section 459A.205, subsection 3, Code 2015, is
6 13 amended to read as follows:
6 14 3. The department shall not approve an An application for a
6 15 construction permit unless the applicant submits shall include
6 16 all of the following:
6 17 a. For an open feedlot operation submitting an application
6 18 for a construction permit on or after April 30, 2007, a A
6 19 nutrient management plan as provided in section 459A.208.
6 20 b. An engineering report, construction plans, and
6 21 specifications prepared by a licensed professional engineer or
6 22 the natural resources conservation service of the United States
6 23 department of agriculture certifying.
6 24 (1) For an open feedlot operation, the professional
6 25 engineer must certify that the construction of the settled
6 26 open feedlot effluent basin or alternative technology system
6 27 complies with the construction design standards required in
6 28 this chapter.
6 29 (2) For an animal truck wash facility, the professional
6 30 engineer must certify that the construction of the animal
6 31 truck wash effluent basin complies with the construction
6 32 design standards required in this chapter. However, an animal
6 33 truck wash facility electing to use a formed animal truck wash
6 34 effluent basin, in lieu of an engineering report, may submit a
6 35 construction design statement that meets the requirements of
7 1 sections 459A.306 and 459A.307.
7 2 Sec. 12. Section 459A.205, subsection 4, unnumbered
7 3 paragraph 1, Code 2015, is amended to read as follows:
7 4 An For an open feedlot operation, must be issued a
7 5 construction permit must be issued prior to any of the
7 6 following:
7 7 Sec. 13. Section 459A.205, subsection 4, paragraph a, Code
7 8 2015, is amended to read as follows:
7 9 a. The construction, including expansion, of a settled open
7 10 feedlot effluent basin or alternative technology system if the
7 11 open feedlot operation is required to be issued an operating a
7 12 NPDES permit.
7 13 Sec. 14. Section 459A.205, subsection 4, paragraph b,
7 14 unnumbered paragraph 1, Code 2015, is amended to read as
7 15 follows:
7 16 The When the department has previously issued the open
7 17 feedlot operation a construction permit and any of the
7 18 following applies:
7 19 Sec. 15. Section 459A.205, Code 2015, is amended by adding
7 20 the following new subsection:
7 21 NEW SUBSECTION. 4A. For an animal truck wash facility,
7 22 a construction permit must be issued prior to any of the
7 23 following:
7 24 a. The construction, including expansion, of an animal truck
7 25 wash effluent basin.
7 26 b. When the department has previously issued the animal
7 27 truck wash facility a construction permit and the volume of
7 28 the animal truck wash effluent would be more than the volume
7 29 approved by the department in the previous construction permit.
7 30 Sec. 16. Section 459A.205, subsection 6, unnumbered
7 31 paragraph 1, Code 2015, is amended to read as follows:
7 32 The For an open feedlot operation, the application for the a
7 33 construction permit shall include all of the following:
7 34 Sec. 17. Section 459A.205, subsection 6, paragraph f, Code
7 35 2015, is amended to read as follows:
8 1 f. An engineering report, construction plans, and
8 2 specifications prepared by a licensed professional engineer or
8 3 by the United States natural resources conservation service,
8 4 for the settled open feedlot operation effluent basin or
8 5 alternative technology system.
8 6 Sec. 18. Section 459A.205, subsection 6, paragraph h,
8 7 subparagraph (3), Code 2015, is amended to read as follows:
8 8 (3) A public water supply system as defined in section
8 9 455B.171 or a drinking water well which is located within a
8 10 distance from the open feedlot operation as prescribed by rules
8 11 adopted by the department commission.
8 12 Sec. 19. Section 459A.205, subsection 6, paragraph i,
8 13 subparagraphs (1) and (3), Code 2015, are amended to read as
8 14 follows:
8 15 (1) Information showing that the proposed open feedlot
8 16 operation meets criteria for siting as established by rules
8 17 adopted by the department commission. However, if the
8 18 site does not meet the criteria, the information shall show
8 19 substantially equivalent alternatives to meeting such criteria.
8 20 (3) A conceptual design of the proposed alternative
8 21 technology system, as developed by a licensed professional
8 22 engineer.
8 23 Sec. 20. Section 459A.205, Code 2015, is amended by adding
8 24 the following new subsection:
8 25 NEW SUBSECTION. 6A. For an animal truck wash facility, the
8 26 application for the construction permit shall include all of
8 27 the following:
8 28 a. The name of the owner of the animal truck wash facility
8 29 and the name of the animal truck wash facility, including a
8 30 mailing address and telephone number for the owner and the
8 31 animal truck wash facility.
8 32 b. The name of the contact person for the animal truck wash
8 33 facility, including the person's mailing address and telephone
8 34 number.
8 35 c. The location of the animal truck wash facility.
9 1 d. A statement providing that the application is for any of
9 2 the following:
9 3 (1) The construction or expansion of an animal truck wash
9 4 effluent basin for an existing animal truck wash facility which
9 5 is not expanding.
9 6 (2) The construction or expansion of an animal truck wash
9 7 effluent basin for an existing animal truck wash facility which
9 8 is expanding.
9 9 (3) The construction of an animal truck wash effluent basin
9 10 for a proposed new animal truck wash facility.
9 11 e. An engineering report, construction plans, and
9 12 specifications prepared by a professional engineer or by the
9 13 United States natural resources conservation service, for the
9 14 animal truck effluent basin.
9 15 (1) The engineering report must demonstrate that the
9 16 storage capacity of its animal truck wash effluent basin is
9 17 equal to or greater than the amount of effluent to be stored
9 18 for any six=month period, in addition to two feet of freeboard.
9 19 (2) If an animal truck wash effluent basin is to be
9 20 constructed on karst terrain, the engineering report must
9 21 establish that the construction complies with the requirements
9 22 of section 459A.404.
9 23 f. A soils and hydrogeologic report of the site, as required
9 24 in section 459A.206.
9 25 g. Information, including but not limited to maps, drawings,
9 26 and aerial photos that clearly show the location of the animal
9 27 truck wash facility and all animal truck wash effluent basins.
9 28 Sec. 21. Section 459A.205, subsection 7, paragraph a,
9 29 unnumbered paragraph 1, Code 2015, is amended to read as
9 30 follows:
9 31 Except as provided in paragraph "b", a construction permit
9 32 for an open feedlot operation or animal truck wash facility
9 33 expires as follows:
9 34 Sec. 22. Section 459A.205, subsection 8, Code 2015, is
9 35 amended to read as follows:
10 1 8. The department may suspend or revoke a construction
10 2 permit, modify the terms or conditions of a construction
10 3 permit, or disapprove a request to extend the time to begin
10 4 or complete construction as provided in this section, if it
10 5 determines that the operation of the open feedlot operation or
10 6 animal truck wash facility constitutes a clear, present, and
10 7 impending danger to public health or the environment.
10 8 Sec. 23. Section 459A.206, subsection 1, Code 2015, is
10 9 amended to read as follows:
10 10 1. A settled open feedlot effluent basin or an animal truck
10 11 wash effluent basin required to be constructed pursuant to a
10 12 construction permit issued pursuant to section 459A.205 shall
10 13 meet design standards as required by a soils and hydrogeologic
10 14 report.
10 15 Sec. 24. Section 459A.207, subsection 1, unnumbered
10 16 paragraph 1, Code 2015, is amended to read as follows:
10 17 The owner of an open feedlot operation who is issued a
10 18 construction permit for a settled open feedlot effluent basin
10 19 or the owner of an animal truck wash facility who is issued a
10 20 construction permit for an animal truck wash effluent basin as
10 21 provided in section 459A.205 after July 1, 2005, shall submit
10 22 to the department a construction certification from a licensed
10 23 professional engineer certifying all of the following:
10 24 Sec. 25. Section 459A.207, subsection 1, paragraph b, Code
10 25 2015, is amended to read as follows:
10 26 b. The basin was inspected by the licensed professional
10 27 engineer after completion of construction and before
10 28 commencement of operation.
10 29 Sec. 26. Section 459A.208, subsections 1, 3, and 4, Code
10 30 2015, are amended to read as follows:
10 31 1. The following persons shall develop and implement a
10 32 nutrient management plan meeting the requirements of this
10 33 section:
10 34 a. The owner of an open feedlot operation which has an
10 35 animal unit capacity of one thousand animal units or more or
11 1 which is required to be issued an operating a NPDES permit
11 2 shall develop and implement a nutrient management plan meeting
11 3 the requirements of this section.
11 4 b. The owner of an animal truck wash facility which has an
11 5 animal truck wash effluent basin.
11 6 3. a. A person shall not remove open feedlot effluent from
11 7 an open feedlot operation structure which is part of an open
11 8 feedlot operation or animal truck wash effluent from an animal
11 9 truck wash effluent basin for which a nutrient management plan
11 10 is required under this section, unless the department approves
11 11 a nutrient management plan as required in this section. The
11 12 department
11 13 b. Notwithstanding paragraph "a", the commission may adopt
11 14 rules allowing a person to remove open feedlot effluent from an
11 15 open feedlot operation structure or animal truck wash effluent
11 16 basin until the nutrient management plan is approved or
11 17 disapproved by the department according to terms and conditions
11 18 required by rules adopted by the department commission.
11 19 4. The department shall not approve an application for a
11 20 permit to construct a settled open feedlot effluent basin or
11 21 animal truck wash effluent basin, unless the owner of the open
11 22 feedlot operation or animal truck wash facility, applying for
11 23 approval submits a nutrient management plan together with the
11 24 application for the construction permit as provided in section
11 25 459A.205. The owner of the open feedlot operation shall also
11 26 submit proof that the owner has published a notice for public
11 27 comment as provided in this section. The department shall
11 28 approve or disapprove the nutrient management plan as provided
11 29 in section 459A.201.
11 30 Sec. 27. Section 459A.208, subsection 5, unnumbered
11 31 paragraph 1, Code 2015, is amended to read as follows:
11 32 Prior For an animal feeding operation, prior to approving
11 33 or disapproving a nutrient management plan as required in this
11 34 section, the department may receive comments exclusively to
11 35 determine whether the nutrient management plan is submitted
12 1 according to procedures required by the department and that the
12 2 nutrient management plan complies with the provisions of this
12 3 chapter.
12 4 Sec. 28. Section 459A.208, subsections 6, 7, and 9, Code
12 5 2015, are amended to read as follows:
12 6 6. A nutrient management plan must be authenticated by the
12 7 owner of the open feedlot operation or the owner of the animal
12 8 truck wash facility as required by the department in accordance
12 9 with section 459A.201.
12 10 7. A nutrient management plan shall include all of the
12 11 following:
12 12 a. Restrictions on the application of open feedlot effluent
12 13 or animal truck wash effluent based on all of the following:
12 14 (1) Calculations necessary to determine the land area
12 15 required for the application of open feedlot the effluent from
12 16 an open feedlot operation based on nitrogen use levels in order
12 17 to obtain optimum crop yields according to a crop schedule
12 18 specified in the nutrient management plan, and according to
12 19 requirements adopted by the department.
12 20 (2) A phosphorus index established pursuant to section
12 21 459.312.
12 22 b. Information relating to the application of the open
12 23 feedlot effluent, including all of the following:
12 24 (1) Nutrient levels concentrations of the open feedlot
12 25 effluent.
12 26 (2) Application methods, the timing of the application, and
12 27 the location of the land where the application occurs.
12 28 c. If the application is on land other than land owned or
12 29 rented for crop production by the owner of the open feedlot
12 30 operation, the plan shall include a copy of each written
12 31 agreement executed by the owner of the open feedlot operation
12 32 and the landowner or the person renting the land for crop
12 33 production where the open feedlot effluent may be applied.
12 34 d. An estimate of the open feedlot effluent volume or weight
12 35 produced by the open feedlot operation or animal truck wash
13 1 facility.
13 2 e. Information which shows all of the following:
13 3 (1) There is adequate storage for open feedlot effluent
13 4 or animal truck wash effluent, including procedures to ensure
13 5 proper operation and maintenance of the storage structures an
13 6 open feedlot operation structure or animal truck wash effluent
13 7 basin.
13 8 (2) The For an animal feeding operation, all of the
13 9 following:
13 10 (a) The proper management of animal mortalities to ensure
13 11 that animals are not disposed of in an open feedlot operation
13 12 structure or a treatment system that is not specifically
13 13 designed to treat animal mortalities.
13 14 (b) Animals kept in the open feedlot operation do not have
13 15 direct contact with any waters of the United States.
13 16 (3) (a) Surface drainage prior to contact with an open
13 17 feedlot structure is diverted, as appropriate, from the open
13 18 feedlot operation.
13 19 (b) Surface drainage prior to contact with an animal truck
13 20 wash facility is diverted, as appropriate, from the animal
13 21 truck wash facility.
13 22 (4) Animals kept in the open feedlot operation do not have
13 23 direct contact with any waters of the United States.
13 24 (5) Chemicals or other contaminants handled on=site are
13 25 not disposed of in an open feedlot operation structure, an
13 26 animal truck wash facility, or a treatment system that is not
13 27 specifically designed to treat such chemicals or contaminants.
13 28 9. The owner of an open feedlot operation or animal truck
13 29 wash facility who is required to develop and implement a
13 30 nutrient management plan shall maintain a current nutrient
13 31 management plan and maintain records sufficient to demonstrate
13 32 compliance with the nutrient management plan.
13 33 Sec. 29. Section 459A.301, Code 2015, is amended to read as
13 34 follows:
13 35 459A.301 Settled open feedlot effluent basins and animal
14 1 truck wash effluent basins ==== construction design standards ====
14 2 rules.
14 3 If the department requires that a settled open feedlot
14 4 effluent basin or animal truck wash effluent basin be
14 5 constructed according to construction design standards,
14 6 regardless of whether the department requires the owner
14 7 to be issued a construction permit under section 459A.205,
14 8 any construction design standards for the basin shall
14 9 be established by rules as provided in chapter 17A that
14 10 exclusively account for special design characteristics of open
14 11 feedlot operations and related basins or animal truck wash
14 12 facilities and related basins, including but not limited to
14 13 the dilute composition of settled open feedlot effluent as
14 14 collected and stored in the basins.
14 15 Sec. 30. Section 459A.302, unnumbered paragraph 1, Code
14 16 2015, is amended to read as follows:
14 17 A settled open feedlot effluent basin or an animal truck
14 18 wash effluent basin required to be constructed pursuant to a
14 19 construction permit issued pursuant to section 459A.205 shall
14 20 meet all of the following requirements:
14 21 Sec. 31. Section 459A.302, subsection 1, paragraph a,
14 22 unnumbered paragraph 1, Code 2015, is amended to read as
14 23 follows:
14 24 Prior to constructing a settled open feedlot effluent basin
14 25 or an animal truck wash effluent basin, the site for the basin
14 26 shall be investigated for a drainage tile line by the owner
14 27 of the open feedlot operation or animal truck wash facility.
14 28 The investigation shall be made by digging a core trench to
14 29 a depth of at least six feet deep from ground level at the
14 30 projected center of the berm of the basin. If a drainage tile
14 31 line is discovered, one of the following solutions shall be
14 32 implemented:
14 33 Sec. 32. Section 459A.302, subsections 2, 3, 4, and 5, Code
14 34 2015, are amended to read as follows:
14 35 2. a. The settled open feedlot effluent basin or an animal
15 1 truck wash effluent basin shall be constructed with a minimum
15 2 separation of two feet between the top of the liner of the
15 3 basin and the seasonal high=water table.
15 4 b. If a drainage tile line around the perimeter of the basin
15 5 is installed a minimum of two feet below the top of the basin
15 6 liner to artificially lower the seasonal high=water table, the
15 7 top of the basin's liner may be a maximum of four feet below
15 8 the seasonal high=water table. The seasonal high=water table
15 9 may be artificially lowered by gravity flow tile lines or other
15 10 similar system. However, the following shall apply:
15 11 (1) Except as provided in subparagraph (2), an open feedlot
15 12 operation or animal truck wash facility shall not use a
15 13 nongravity mechanical system that uses pumping equipment.
15 14 (2) If the open feedlot operation was constructed before
15 15 July 1, 2005, the operation may continue to use its existing
15 16 nongravity mechanical system that uses pumping equipment or
15 17 it may construct a new nongravity mechanical system that uses
15 18 pumping equipment. However, an open feedlot operation that
15 19 expands the area of its open feedlot on or after April 1, 2011,
15 20 shall not use a nongravity mechanical system that uses pumping
15 21 equipment.
15 22 3. Drainage tile lines may be installed to artificially
15 23 lower the seasonal high=water table at a settled open feedlot
15 24 effluent basin or animal truck wash effluent basin, if all of
15 25 the following conditions are satisfied:
15 26 a. A device to allow monitoring of the water in the drainage
15 27 tile lines and a device to allow shutoff of the flow in the
15 28 drainage tile lines are installed, if the drainage tile lines
15 29 do not have a surface outlet accessible on the property where
15 30 the settled open feedlot effluent basin is located.
15 31 b. Drainage tile lines are installed horizontally at least
15 32 twenty=five feet away from the settled open feedlot effluent
15 33 basin. Drainage tile lines shall be placed in a vertical
15 34 trench and encased in granular material which extends upward to
15 35 the level of the seasonal high=water table.
16 1 4. A settled open feedlot effluent basin or animal truck
16 2 wash effluent basin shall be constructed with at least four
16 3 feet between the bottom of the basin and a bedrock formation.
16 4 5. A settled open feedlot effluent basin or animal truck
16 5 wash effluent basin constructed on a floodplain or within
16 6 a floodway of a river or stream shall comply with rules of
16 7 adopted by the department commission.
16 8 Sec. 33. Section 459A.302, subsection 6, unnumbered
16 9 paragraph 1, Code 2015, is amended to read as follows:
16 10 The liner of a settled open feedlot effluent basin or
16 11 animal truck wash effluent basin shall comply with all of the
16 12 following:
16 13 Sec. 34. Section 459A.302, subsection 7, Code 2015, is
16 14 amended to read as follows:
16 15 7. The owner of an open feedlot operation using a settled
16 16 open feedlot effluent basin or animal truck wash facility
16 17 shall inspect the berms of the basin at least semiannually for
16 18 evidence of erosion. If the inspection reveals erosion which
16 19 may impact the basin's structural stability or the integrity of
16 20 the basin's liner, the owner shall repair the berms.
16 21 Sec. 35. Section 459A.303, subsection 2, Code 2015, is
16 22 amended to read as follows:
16 23 2. The department commission shall adopt rules establishing
16 24 requirements for the construction and operation of alternative
16 25 technology systems.
16 26 Sec. 36. Section 459A.401, subsection 2, Code 2015, is
16 27 amended by striking the subsection and inserting in lieu
16 28 thereof the following:
16 29 2. Notwithstanding subsection 1, an open feedlot operation
16 30 that is a concentrated animal feeding operation shall comply
16 31 with applicable NPDES permit requirements as provided in the
16 32 federal Water Pollution Control Act, pursuant to rules that
16 33 shall be adopted by the commission. Any rules adopted pursuant
16 34 to this subsection shall be no more stringent than requirements
16 35 under the federal Act.
17 1 Sec. 37. Section 459A.401, Code 2015, is amended by adding
17 2 the following new subsection:
17 3 NEW SUBSECTION. 2A. If the open feedlot operation is
17 4 designed, constructed, and operated in accordance with the
17 5 requirements of an open feedlot effluent control system as
17 6 provided in rules adopted by the commission, the operation
17 7 shall be deemed to be in compliance with this section, unless a
17 8 discharge from the operation causes a violation of state water
17 9 quality standards as provided in chapter 455B, division III.
17 10 Sec. 38. Section 459A.401, subsection 3, paragraph a, Code
17 11 2015, is amended to read as follows:
17 12 a. (1) The open feedlot operation shall not discharge
17 13 open feedlot effluent from an open feedlot operation structure
17 14 into any waters of the United States, unless the discharge is
17 15 pursuant to an operating a NPDES permit.
17 16 (2) The open feedlot operation shall not be required to be
17 17 issued an operating a NPDES permit if the operation does not
17 18 discharge open feedlot effluent into any waters of the United
17 19 States.
17 20 Sec. 39. NEW SECTION. 459A.404 Animal truck wash facility
17 21 ==== construction regulations.
17 22 1. a. An animal truck wash effluent basin shall not
17 23 be constructed, including expanded, within one thousand
17 24 two hundred fifty feet from a residence not owned by the
17 25 titleholder of the animal truck wash facility, a commercial
17 26 enterprise, a bona fide religious institution, an educational
17 27 institution, or a public use area, as those terms are defined
17 28 in section 459.102, and as provided in rules adopted by the
17 29 commission pursuant to section 459.103, and as provided in
17 30 rules adopted by the commission pursuant to section 459A.104.
17 31 b. An animal truck wash effluent basin shall not be
17 32 constructed or expanded within one hundred feet from a public
17 33 thoroughfare as defined in section 459.102.
17 34 c. Paragraph "a" does not apply if a residence, educational
17 35 institution, commercial enterprise, or bona fide religious
18 1 institution was constructed or expanded, or if the boundaries
18 2 of the public use area were expanded, after the date that the
18 3 animal truck wash facility was established. The date the
18 4 animal truck wash facility was established is the date on which
18 5 the animal truck wash facility commenced operating. A change
18 6 in ownership or expansion of the animal truck wash facility
18 7 shall not change the established date of operation.
18 8 d. Paragraph "a" or "b" does not apply if the titleholder of
18 9 the land benefiting from the separation distance requirement,
18 10 including a person so authorized by the titleholder, executes
18 11 a written waiver with the titleholder of the land where the
18 12 animal truck wash effluent basin is located. The basin shall
18 13 be constructed or expanded under such terms and conditions that
18 14 the parties negotiate. The state or a political subdivision
18 15 constructing or maintaining the public thoroughfare benefiting
18 16 from the separation distance requirement may execute a written
18 17 waiver with the titleholder of the land where the basin
18 18 is located. The animal truck wash effluent basin shall be
18 19 constructed or expanded under such terms and conditions that
18 20 the parties negotiate.
18 21 e. An unformed animal truck wash effluent basin shall not be
18 22 constructed or expanded within the following minimum separation
18 23 distances from any of the following:
18 24 (1) One thousand feet from a public shallow well.
18 25 (2) Four hundred feet from a public deep well.
18 26 (3) Four hundred feet from a private well.
18 27 2. a. Any separation distance required for a confinement
18 28 feeding operation structure and a location or object specified
18 29 in section 459.310, subsection 1, shall also apply to an animal
18 30 truck wash effluent basin and that same location or object.
18 31 b. Any requirement, qualification, or exception that
18 32 applies to a separation distance required for a confinement
18 33 feeding operation structure and a location or object specified
18 34 in section 459.310, subsection 1, shall also apply to the
18 35 separation distance required for an animal truck wash effluent
19 1 basin and that same location or object.
19 2 3. An animal truck wash effluent basin shall not be
19 3 constructed, including expanded, on land that is part of a
19 4 one hundred year floodplain as designated by rules adopted
19 5 by the commission pursuant to section 459A.104. The rules
19 6 shall correspond to rules adopted pursuant to section 459.310,
19 7 subsection 2.
19 8 4. A person shall not construct or expand an unformed animal
19 9 truck wash effluent basin within an agricultural drainage well
19 10 area as provided in section 460.205.
19 11 5. A person shall not construct an unformed animal truck
19 12 wash effluent basin on karst terrain or on an area that drains
19 13 into a known sinkhole. However, a person may construct an
19 14 animal truck wash effluent basin if there is a twenty=five
19 15 foot vertical separation distance between the bottom of the
19 16 basin and underlying limestone, dolomite, or other soluble
19 17 rock as documented in the engineering report submitted to the
19 18 department pursuant to section 459A.205.
19 19 Sec. 40. Section 459A.410, Code 2015, is amended to read as
19 20 follows:
19 21 459A.410 Effluent application requirements.
19 22 1. Open feedlot effluent or animal truck wash effluent
19 23 shall be applied in a manner which does not cause surface water
19 24 or groundwater pollution. Application in accordance with
19 25 the provisions of state law, including this chapter, rules
19 26 adopted pursuant to the provisions of state law, including this
19 27 chapter, and guidelines adopted pursuant to this chapter, shall
19 28 be deemed as compliance with this section.
19 29 2. The commission shall adopt rules establishing
19 30 requirements for the application of animal truck wash effluent,
19 31 including minimum separation distances between locations
19 32 or objects identified in such rules, and requirements for
19 33 application rates.
19 34 Sec. 41. Section 459A.411, Code 2015, is amended to read as
19 35 follows:
20 1 459A.411 Discontinuance of operations.
20 2 The owner of an open feedlot operation or animal truck wash
20 3 facility who discontinues the use of the its operation shall
20 4 remove all open feedlot effluent from related open feedlot
20 5 operation structures or animal truck wash effluent basins used
20 6 to store open feedlot effluent, as soon as practical but not
20 7 later than six months following the date the operations of
20 8 the open feedlot operation or animal truck wash facility is
20 9 discontinued.
20 10 EXPLANATION
20 11 The inclusion of this explanation does not constitute agreement with
20 12 the explanation's substance by the members of the general assembly.
20 13 GENERAL. This bill amends the "Animal Agriculture
20 14 Compliance Act for Open Feedlot Operations" (Code chapter 459A)
20 15 which authorizes the department of natural resources (DNR)
20 16 to regulate open feedlot operations. Generally, the bill
20 17 provides for the regulation of an animal truck wash facility
20 18 (facility) which engages in washing certain trucks transporting
20 19 animals (cattle, swine, horses, sheep, chickens, turkeys,
20 20 or fish) and collecting and storing the resulting animal
20 21 effluent in an animal truck wash effluent basin (basin). The
20 22 bill's provisions regulating such facilities and the resulting
20 23 effluent are closely related to the regulation of settled open
20 24 feedlot effluent basins which are impoundments used to collect
20 25 and store effluent, including solids, and the application of
20 26 effluent from those operations.
20 27 DOCUMENTS. The bill requires the owner of a facility
20 28 to submit a number of different documents for departmental
20 29 approval, including an application for a permit and associated
20 30 statements required to construct a basin. These include a
20 31 nutrient management plan that addresses restrictions on the
20 32 land application of effluent; a soils and hydrogeologic report;
20 33 and a construction certification authenticated by a licensed
20 34 professional engineer (Code sections 459A.102, 459A.205, and
20 35 459A.206).
21 1 CONSTRUCTION STANDARDS. The bill establishes construction
21 2 design standards for basins, requires separation distances
21 3 between a basin and certain locations or objects, including
21 4 residences, commercial enterprises, bona fide religious
21 5 institutions, educational institutions, public use areas,
21 6 public thoroughfares, surface intakes of agricultural drainage
21 7 wells, wellheads, cisterns of agricultural drainage wells,
21 8 known sinkholes, lakes, rivers, reservoirs, creeks, streams,
21 9 ditches, and wells. The bill restricts basins from being
21 10 constructed on karst terrain based on requirements in Code
21 11 chapter 459 regulating confinement feeding operations (Code
21 12 section 459A.404). The bill also requires special provisions
21 13 for tile lines, and restricts construction within a distance
21 14 from bedrock and on floodplains (Code section 459A.302).
21 15 OPERATING PERMITS FOR OPEN FEEDLOTS. The bill eliminates
21 16 a provision requiring an open feedlot to operate pursuant to
21 17 an operating permit issued by the department (Code section
21 18 459A.401) so long as the operation obtains a so=called
21 19 NPDES permit under the federal national pollutant discharge
21 20 elimination system program.
21 21 STOCKPILING AND APPLICATION REQUIREMENTS. The bill places
21 22 restrictions upon the stockpiling of solids from effluent (Code
21 23 section 459A.403) and the land application of effluent. Such
21 24 application cannot cause surface water or groundwater pollution
21 25 (Code section 459A.410). The bill requires the department to
21 26 establish requirements for application of effluent including by
21 27 establishing separation distances required between the site of
21 28 application and locations and objects identified by the rules.
21 29 DISCONTINUANCE. The owner of a facility must remove
21 30 effluent after the operation of the facility is discontinued
21 31 (Code section 459A.411).
21 32 ENFORCEMENT. DNR and the attorney general are responsible
21 33 for enforcing the provisions of the bill (Code section
21 34 459A.501).
21 35 PENALTIES. A person who is in violation of the
22 1 prohibition would be subject to a civil penalty, that may be
22 2 administratively assessed by the department, in an amount of
22 3 not more than $10,000 (Code sections 459A.502 and 455B.109), or
22 4 judicially assessed for an amount not more than $5,000 per each
22 5 day of the violation (Code sections 459A.502 and 455B.191).
22 6 Collected moneys would be deposited into the watershed
22 7 improvement fund (Code sections 459A.502 and 466A.2).
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