House File 583 - Reprinted
HOUSE FILE
BY COMMITTEE ON
AGRICULTURE
(SUCCESSOR TO HF 425)
(As Amended and Passed by the House March 19, 2015)
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:
HF 583 (5) 86
da/rj/md
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, which may
1 12 include solids.
1 13 NEW SUBSECTION. 3B. "Animal truck wash effluent structure"
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.
1 17 NEW SUBSECTION. 3C. "Animal truck wash facility"
1 18 means an operation engaged in washing single=unit trucks,
1 19 truck=tractors, semitrailers, or trailers used to transport
1 20 animals.
1 21 NEW SUBSECTION. 7A. "Concentrated animal feeding operation"
1 22 means the same as defined in 40 C.F.R. {122.23.
1 23 NEW SUBSECTION. 7B. "Confinement feeding operation" means
1 24 the same as defined in section 459.102.
1 25 NEW SUBSECTION. 11A. "Effluent" means open feedlot effluent
1 26 or animal truck wash effluent.
1 27 NEW SUBSECTION. 11B. "Federal Water Pollution Control Act",
1 28 means the federal Water Pollution Control Act of 1972, 33
1 29 U.S.C. ch. 26, as amended, and 40 C.F.R., pts. 122 and 412.
1 30 NEW SUBSECTION. 11C. "Formed animal truck wash effluent
1 31 structure" means a covered or uncovered impoundment used to
1 32 store effluent from an animal truck wash facility, which has
1 33 walls and a floor constructed of concrete, concrete block,
1 34 wood, steel, or similar materials.
1 35 NEW SUBSECTION. 13A. "Karst terrain" means the same as
2 1 defined in section 459.102.
2 2 NEW SUBSECTION. 13B. "Manure storage structure" means the
2 3 same as defined in section 459.102.
2 4 NEW SUBSECTION. 13C. "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
2 14 an open feedlot operation or an animal truck wash effluent
2 15 structure 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. "Small animal feeding operation" means
2 19 the same as defined in section 459.102.
2 20 NEW SUBSECTION. 23B. "Small animal truck wash facility"
2 21 means an animal truck wash facility, if all of the following
2 22 apply:
2 23 a. The animal truck wash facility and all single=unit
2 24 trucks, truck=tractors, semitrailers, or trailers that are
2 25 washed at the facility are owned by the same person.
2 26 b. The average total per day volume of washwater used by the
2 27 animal truck wash facility does not exceed two thousand gallons
2 28 as calculated on a monthly basis.
2 29 NEW SUBSECTION. 23C. a. "Solids" means that portion of
2 30 effluent that meets all of the following requirements:
2 31 (1) Does not flow perceptibly under pressure.
2 32 (2) Is not capable of being transported through a mechanical
2 33 pumping device designed to move a liquid.
2 34 (3) The constituent molecules do not flow freely among
2 35 themselves but do show the tendency to separate under stress.
3 1 b. "Solids" includes settleable solids and scraped solids.
3 2 NEW SUBSECTION. 25A. "Structure" means any of the
3 3 following:
3 4 a. An open feedlot operation structure.
3 5 b. An animal truck wash effluent structure.
3 6 NEW SUBSECTION. 25B. "Unformed animal truck wash effluent
3 7 structure" means a covered or uncovered impoundment used to
3 8 store animal truck wash effluent, other than a formed animal
3 9 truck wash effluent structure.
3 10 Sec. 3. Section 459A.102, subsections 14, 16, and 25, Code
3 11 2015, are amended to read as follows:
3 12 14. "Nutrient management plan" or "plan" means a plan which
3 13 provides for the management of open feedlot effluent, or animal
3 14 truck wash effluent, including the application of effluent as
3 15 provided in section 459A.208.
3 16 16. "Open feedlot effluent" or "effluent" means a
3 17 combination of manure, precipitation=induced runoff, or other
3 18 runoff from an open feedlot before its settleable solids have
3 19 been removed.
3 20 25. "Stockpile" means to store solids from an any of the
3 21 following:
3 22 a. An open feedlot operation outside of an open feedlot
3 23 operation structure, or outside of an area that drains to an
3 24 open feedlot operation structure.
3 25 b. An animal truck wash facility, outside an animal truck
3 26 wash facility, or outside an area that drains to an animal
3 27 truck wash facility.
3 28 Sec. 4. Section 459A.102, subsections 19 and 21, Code 2015,
3 29 are amended by striking the subsections.
3 30 Sec. 5. Section 459A.103, subsection 3, paragraph b, Code
3 31 2015, is amended to read as follows:
3 32 b. Notwithstanding paragraph "a", only for purposes of
3 33 determining whether an open feedlot operation must obtain an
3 34 operating a NPDES permit, the animal unit capacity of the
3 35 animal feeding operation includes the animal unit capacities
4 1 of both the open feedlot operation and the confinement feeding
4 2 operation if the animals in the open feedlot operation and the
4 3 confinement feeding operation are all in the same category or
4 4 type of animals as used in the definitions of large and medium
4 5 concentrated animal feeding operations in 40 C.F.R. pt. 122.
4 6 In all other respects the confinement feeding operation shall
4 7 be governed by chapter 459 and the open feedlot operation shall
4 8 be governed by this chapter.
4 9 Sec. 6. Section 459A.103, Code 2015, is amended by adding
4 10 the following new subsections:
4 11 NEW SUBSECTION. 3A. An animal truck wash facility is
4 12 considered to be part of an animal feeding operation if the
4 13 animal truck wash facility and animal feeding operation are
4 14 under common ownership or management and the animal truck wash
4 15 facility is located within one thousand two hundred fifty feet
4 16 of the animal feeding operation.
4 17 NEW SUBSECTION. 3B. a. If an open feedlot operation
4 18 structure or animal truck wash effluent structure contains
4 19 effluent from both an open feedlot operation and an animal
4 20 truck wash facility, the animal truck wash effluent shall be
4 21 deemed to be open feedlot effluent.
4 22 b. If a manure storage structure or animal truck wash
4 23 effluent structure contains both manure from a confinement
4 24 feeding operation and animal truck wash effluent from an animal
4 25 truck wash facility, the effluent shall be deemed to be manure.
4 26 Sec. 7. Section 459A.103, subsection 6, Code 2015, is
4 27 amended to read as follows:
4 28 6. The regulation of open feedlot effluent under this
4 29 chapter shall be construed as also regulating settled open
4 30 feedlot effluent and solids.
4 31 Sec. 8. Section 459A.103, Code 2015, is amended by adding
4 32 the following new subsection:
4 33 NEW SUBSECTION. 8. An animal truck wash facility may be
4 34 part of either a confinement feeding operation or an open
4 35 feedlot operation. An animal truck wash effluent structure may
5 1 also be the same as any of the following:
5 2 a. A manure storage structure that is part of the
5 3 confinement feeding operation, so long as the primary function
5 4 of such impoundment is to collect and store effluent from both
5 5 the animal truck wash facility and manure from the confinement
5 6 feeding operation.
5 7 b. A settled open feedlot effluent basin that is part of
5 8 the open feedlot operation, so long as the primary function of
5 9 such impoundment is to collect and store effluent from both the
5 10 animal truck wash facility and open feedlot operation.
5 11 Sec. 9. Section 459A.104, Code 2015, is amended to read as
5 12 follows:
5 13 459A.104 General authority ==== commission and department ====
5 14 purpose ==== compliance.
5 15 1. The commission shall establish by rule adopted pursuant
5 16 to chapter 17A, requirements relating to the construction,
5 17 including expansion, or operation of open all of the following:
5 18 a. Open feedlot operations, including any related open
5 19 feedlot operation structures.
5 20 b. Animal truck wash facilities, including any related
5 21 animal truck wash effluent structures.
5 22 2. Any provision referring generally to compliance with
5 23 the requirements of this chapter as applied to open feedlot
5 24 operations or animal truck wash facilities also includes
5 25 compliance with requirements in rules adopted by the commission
5 26 pursuant to this section, orders issued by the department as
5 27 authorized under this chapter, and the terms and conditions
5 28 applicable to licenses, certifications, permits, or nutrient
5 29 management plans required under this chapter.
5 30 3. a. The purpose of this chapter is to provide
5 31 requirements relating to the construction, including the
5 32 expansion, and operation of open all of the following:
5 33 (1) Open feedlot operations, and the control of open feedlot
5 34 effluent, which.
5 35 (2) Animal truck wash facilities, and the control of animal
6 1 truck wash effluent.
6 2 b. The provisions of this chapter shall be construed to
6 3 supplement applicable provisions of chapter 459. If there is
6 4 a conflict between the provisions of this chapter and chapter
6 5 459, the provisions of this chapter shall prevail.
6 6 Sec. 10. Section 459A.105, Code 2015, is amended to read as
6 7 follows:
6 8 459A.105 Exception to regulation.
6 9 1. a. Except as provided in subsection 2 paragraph
6 10 "b", the requirements of this chapter which regulate open
6 11 feedlot operations, including rules adopted by the department
6 12 commission pursuant to section 459A.104, shall not apply
6 13 to research activities and experiments performed under the
6 14 authority and regulations of a research college, if the
6 15 research activities and experiments relate to an open feedlot
6 16 operation structure or the disposal or treatment of effluent
6 17 originating from an open feedlot operation.
6 18 2. b. The requirements of section 459A.410, including rules
6 19 adopted by the department commission under that section, apply
6 20 to research activities and experiments performed under the
6 21 authority and regulations of a research college.
6 22 2. a. Except as provided in paragraph "b", the requirements
6 23 of this chapter, including rules adopted by the commission
6 24 pursuant to section 459A.104, shall not apply to a small animal
6 25 truck wash facility.
6 26 b. The requirements of section 459A.205, including rules
6 27 adopted by the commission pursuant to that section shall apply
6 28 to a small animal truck wash facility only to the extent
6 29 required by section 459A.205, subsection 4A. The requirements
6 30 of sections 459A.404 and 459A.410, including rules adopted by
6 31 the commission under those provisions, apply to a small animal
6 32 truck wash facility.
6 33 Sec. 11. Section 459A.201, subsection 3, paragraph b, Code
6 34 2015, is amended to read as follows:
6 35 b. (1) A nutrient management plan as provided in section
7 1 459A.208 shall be approved or disapproved as part of a
7 2 construction permit application pursuant to section 459A.205.
7 3 (2) If For an open feedlot operation, if the nutrient
7 4 management plan is not part of an application for a
7 5 construction permit, the nutrient management plan shall be
7 6 approved or disapproved within sixty days from the date that
7 7 the department receives the nutrient management plan.
7 8 Sec. 12. Section 459A.205, subsection 1, Code 2015, is
7 9 amended to read as follows:
7 10 1. a. The department shall approve or disapprove
7 11 applications for permits for the construction, including the
7 12 expansion, of settled the following structures:
7 13 (1) Settled open feedlot effluent basins and alternative
7 14 technology systems, which are part of open feedlot operations
7 15 as provided in this chapter.
7 16 (2) Animal truck wash effluent structures which are part of
7 17 animal truck wash facilities as provided in this chapter.
7 18 b. The department's decision to approve or disapprove
7 19 a permit for the construction of a basin or alternative
7 20 system structure described in paragraph "a" shall be based on
7 21 whether the application is submitted according to procedures
7 22 and standards required by this chapter. A person shall not
7 23 begin construction of a basin or alternative system requiring
7 24 a permit such a structure under this section, unless the
7 25 department first approves the person's application and issues
7 26 to the person a construction permit.
7 27 Sec. 13. Section 459A.205, subsection 3, Code 2015, is
7 28 amended to read as follows:
7 29 3. The department shall not approve an An application for a
7 30 construction permit unless the applicant submits shall include
7 31 all of the following:
7 32 a. For an open feedlot operation submitting an application
7 33 for a construction permit on or after April 30, 2007, a A
7 34 nutrient management plan as provided in section 459A.208.
7 35 b. An engineering report, construction plans, and
8 1 specifications prepared by a licensed professional engineer or
8 2 the natural resources conservation service of the United States
8 3 department of agriculture certifying.
8 4 (1) For an open feedlot operation, the professional
8 5 engineer must certify that the construction of the settled
8 6 open feedlot effluent basin or alternative technology system
8 7 complies with the construction design standards required in
8 8 this chapter.
8 9 (2) For an animal truck wash facility, the professional
8 10 engineer must certify that the construction of the animal
8 11 truck wash effluent structure complies with the construction
8 12 design standards required in this chapter. However, an animal
8 13 truck wash facility electing to use a formed animal truck
8 14 wash effluent structure, in lieu of an engineering report,
8 15 may submit a construction design statement that meets the
8 16 requirements of sections 459.306 and 459.307.
8 17 Sec. 14. Section 459A.205, subsection 4, unnumbered
8 18 paragraph 1, Code 2015, is amended to read as follows:
8 19 An For an open feedlot operation, must be issued a
8 20 construction permit must be issued prior to any of the
8 21 following:
8 22 Sec. 15. Section 459A.205, subsection 4, paragraph a, Code
8 23 2015, is amended to read as follows:
8 24 a. The construction, including expansion, of a settled open
8 25 feedlot effluent basin or alternative technology system if the
8 26 open feedlot operation is required to be issued an operating a
8 27 NPDES permit.
8 28 Sec. 16. Section 459A.205, subsection 4, paragraph b,
8 29 unnumbered paragraph 1, Code 2015, is amended to read as
8 30 follows:
8 31 The When the department has previously issued the open
8 32 feedlot operation a construction permit and any of the
8 33 following applies:
8 34 Sec. 17. Section 459A.205, Code 2015, is amended by adding
8 35 the following new subsection:
9 1 NEW SUBSECTION. 4A. For an animal truck wash facility,
9 2 a construction permit must be issued prior to any of the
9 3 following:
9 4 a. The construction, including expansion, of an animal truck
9 5 wash effluent structure.
9 6 b. When the department has previously issued the animal
9 7 truck wash facility a construction permit and the volume of
9 8 the animal truck wash effluent would be more than the volume
9 9 approved by the department in the previous construction permit.
9 10 c. When the animal truck wash facility is part of a
9 11 confinement feeding operation, and all of the following apply:
9 12 (1) The department has issued a construction permit under
9 13 section 459.303 or a letter approving a construction design
9 14 statement in lieu of a construction permit as provided by rules
9 15 adopted by the commission under section 459.103.
9 16 (2) The animal truck wash effluent will be added to an
9 17 existing manure storage structure resulting in a total stored
9 18 volume greater than that approved in the construction permit or
9 19 the construction design statement approval letter.
9 20 d. When the animal truck wash facility is part of an open
9 21 feedlot operation, and all of the following apply:
9 22 (1) The department has issued a construction permit under
9 23 this section or a NPDES permit under section 459A.401.
9 24 (2) The animal truck wash effluent will be added to an
9 25 existing settled open feedlot effluent basin resulting in
9 26 a total stored volume greater than that approved in the
9 27 construction permit or NPDES permit.
9 28 e. When the animal truck wash facility is constructed or
9 29 expanded as part of a small animal feeding operation that
9 30 includes a manure storage structure, and the animal truck
9 31 wash effluent will be added to the manure storage structure.
9 32 However, a construction permit is not required under this
9 33 section for a small animal truck wash facility or for a small
9 34 animal truck wash facility that is part of a small animal
9 35 feeding operation.
10 1 Sec. 18. Section 459A.205, subsection 6, unnumbered
10 2 paragraph 1, Code 2015, is amended to read as follows:
10 3 The For an open feedlot operation, the application for the a
10 4 construction permit shall include all of the following:
10 5 Sec. 19. Section 459A.205, subsection 6, paragraph f, Code
10 6 2015, is amended to read as follows:
10 7 f. An engineering report, construction plans, and
10 8 specifications prepared by a licensed professional engineer or
10 9 by the United States natural resources conservation service,
10 10 for the settled open feedlot operation effluent basin or
10 11 alternative technology system.
10 12 Sec. 20. Section 459A.205, subsection 6, paragraph h,
10 13 subparagraph (3), Code 2015, is amended to read as follows:
10 14 (3) A public water supply system as defined in section
10 15 455B.171 or a drinking water well which is located within a
10 16 distance from the open feedlot operation as prescribed by rules
10 17 adopted by the department commission.
10 18 Sec. 21. Section 459A.205, subsection 6, paragraph i,
10 19 subparagraphs (1) and (3), Code 2015, are amended to read as
10 20 follows:
10 21 (1) Information showing that the proposed open feedlot
10 22 operation meets criteria for siting as established by rules
10 23 adopted by the department commission. However, if the
10 24 site does not meet the criteria, the information shall show
10 25 substantially equivalent alternatives to meeting such criteria.
10 26 (3) A conceptual design of the proposed alternative
10 27 technology system, as developed by a licensed professional
10 28 engineer.
10 29 Sec. 22. Section 459A.205, Code 2015, is amended by adding
10 30 the following new subsection:
10 31 NEW SUBSECTION. 6A. For an animal truck wash facility, the
10 32 application for the construction permit shall include all of
10 33 the following:
10 34 a. The name of the owner of the animal truck wash facility
10 35 and the name of the animal truck wash facility, including a
11 1 mailing address and telephone number for the owner and the
11 2 animal truck wash facility.
11 3 b. The name of the contact person for the animal truck wash
11 4 facility, including the person's mailing address and telephone
11 5 number.
11 6 c. The location of the animal truck wash facility.
11 7 d. A statement providing that the application is for any of
11 8 the following:
11 9 (1) The construction or expansion of an animal truck wash
11 10 effluent structure for an existing animal truck wash facility
11 11 which is not expanding.
11 12 (2) The construction or expansion of an animal truck wash
11 13 effluent structure for an existing animal truck wash facility
11 14 which is expanding.
11 15 (3) The construction of an animal truck wash effluent
11 16 structure for a proposed new animal truck wash facility.
11 17 e. An engineering report, construction plans, and
11 18 specifications prepared by a professional engineer or by the
11 19 United States natural resources conservation service, for the
11 20 animal truck effluent structure.
11 21 (1) The engineering report must demonstrate that the
11 22 storage capacity of its animal truck wash effluent structure
11 23 is equal to or greater than the amount of effluent to be stored
11 24 for any six=month period, in addition to two feet of freeboard.
11 25 (2) If an animal truck wash effluent structure is to be
11 26 constructed on karst terrain, the engineering report must
11 27 establish that the construction complies with the requirements
11 28 of section 459A.404.
11 29 f. A soils and hydrogeologic report of the site, as required
11 30 in section 459A.206.
11 31 g. Information, including but not limited to maps, drawings,
11 32 and aerial photos that clearly show the location of the
11 33 animal truck wash facility and all animal truck wash effluent
11 34 structures.
11 35 Sec. 23. Section 459A.205, subsection 7, paragraph a,
12 1 unnumbered paragraph 1, Code 2015, is amended to read as
12 2 follows:
12 3 Except as provided in paragraph "b", a construction permit
12 4 for an open feedlot operation or animal truck wash facility
12 5 expires as follows:
12 6 Sec. 24. Section 459A.205, subsection 8, Code 2015, is
12 7 amended to read as follows:
12 8 8. The department may suspend or revoke a construction
12 9 permit, modify the terms or conditions of a construction
12 10 permit, or disapprove a request to extend the time to begin
12 11 or complete construction as provided in this section, if it
12 12 determines that the operation of the open feedlot operation or
12 13 animal truck wash facility constitutes a clear, present, and
12 14 impending danger to public health or the environment.
12 15 Sec. 25. Section 459A.206, subsection 1, Code 2015, is
12 16 amended to read as follows:
12 17 1. A settled open feedlot effluent basin or an animal truck
12 18 wash effluent structure required to be constructed pursuant to
12 19 a construction permit issued pursuant to section 459A.205 shall
12 20 meet design standards as required by a soils and hydrogeologic
12 21 report.
12 22 Sec. 26. Section 459A.207, subsection 1, unnumbered
12 23 paragraph 1, Code 2015, is amended to read as follows:
12 24 The owner of an open feedlot operation who is issued a
12 25 construction permit for a settled open feedlot effluent basin
12 26 or the owner of an animal truck wash facility who is issued a
12 27 construction permit for an animal truck wash effluent structure
12 28 as provided in section 459A.205 after July 1, 2005, shall
12 29 submit to the department a construction certification from a
12 30 licensed professional engineer certifying all of the following:
12 31 Sec. 27. Section 459A.207, subsection 1, paragraph b, Code
12 32 2015, is amended to read as follows:
12 33 b. The basin or structure was inspected by the licensed
12 34 professional engineer after completion of construction and
12 35 before commencement of operation.
13 1 Sec. 28. Section 459A.208, subsections 1, 3, and 4, Code
13 2 2015, are amended to read as follows:
13 3 1. The following persons shall develop and implement a
13 4 nutrient management plan meeting the requirements of this
13 5 section:
13 6 a. The owner of an open feedlot operation which has an
13 7 animal unit capacity of one thousand animal units or more or
13 8 which is required to be issued an operating a NPDES permit
13 9 shall develop and implement a nutrient management plan meeting
13 10 the requirements of this section.
13 11 b. The owner of an animal truck wash facility, other than
13 12 a small animal truck wash facility, which has an animal truck
13 13 wash effluent structure. However, for an animal truck wash
13 14 facility which is part of a confinement feeding operation, in
13 15 lieu of submitting a nutrient management plan, the owner of
13 16 the animal truck wash facility may submit an original manure
13 17 management plan and an updated manure management plan to the
13 18 department as required by section 459.312, including rules
13 19 adopted by the commission pursuant to that section.
13 20 3. a. A person shall not remove open feedlot effluent
13 21 from an open feedlot operation structure which is part of an
13 22 open feedlot operation or animal truck wash effluent from an
13 23 animal truck wash effluent structure for which a nutrient
13 24 management plan is required under this section, unless the
13 25 department approves a nutrient management plan as required in
13 26 this section. The department
13 27 b. Notwithstanding paragraph "a", the commission may adopt
13 28 rules allowing a person to remove open feedlot effluent from an
13 29 open feedlot operation structure or animal truck wash effluent
13 30 structure until the nutrient management plan is approved or
13 31 disapproved by the department according to terms and conditions
13 32 required by rules adopted by the department commission.
13 33 4. The department shall not approve an application for a
13 34 permit to construct a settled open feedlot effluent basin or
13 35 animal truck wash effluent structure, unless the owner of the
14 1 open feedlot operation or animal truck wash facility, applying
14 2 for approval submits a nutrient management plan together with
14 3 the application for the construction permit as provided in
14 4 section 459A.205. The owner of the open feedlot operation
14 5 shall also submit proof that the owner has published a notice
14 6 for public comment as provided in this section. The department
14 7 shall approve or disapprove the nutrient management plan as
14 8 provided in section 459A.201.
14 9 Sec. 29. Section 459A.208, subsection 5, unnumbered
14 10 paragraph 1, Code 2015, is amended to read as follows:
14 11 Prior For an animal feeding operation, prior to approving
14 12 or disapproving a nutrient management plan as required in this
14 13 section, the department may receive comments exclusively to
14 14 determine whether the nutrient management plan is submitted
14 15 according to procedures required by the department and that the
14 16 nutrient management plan complies with the provisions of this
14 17 chapter.
14 18 Sec. 30. Section 459A.208, subsections 6, 7, and 9, Code
14 19 2015, are amended to read as follows:
14 20 6. A nutrient management plan must be authenticated by the
14 21 owner of the open feedlot operation or the owner of the animal
14 22 truck wash facility as required by the department in accordance
14 23 with section 459A.201.
14 24 7. A nutrient management plan shall include all of the
14 25 following:
14 26 a. Restrictions on the application of open feedlot effluent
14 27 or animal truck wash effluent based on all of the following:
14 28 (1) Calculations necessary to determine the land area
14 29 required for the application of open feedlot the effluent from
14 30 an open feedlot operation based on nitrogen use levels in order
14 31 to obtain optimum crop yields according to a crop schedule
14 32 specified in the nutrient management plan, and according to
14 33 requirements adopted by the department.
14 34 (2) A phosphorus index established pursuant to section
14 35 459.312.
15 1 b. Information relating to the application of the open
15 2 feedlot effluent, including all of the following:
15 3 (1) Nutrient levels concentrations of the open feedlot
15 4 effluent.
15 5 (2) Application methods, the timing of the application, and
15 6 the location of the land where the application occurs.
15 7 c. If the application is on land other than land owned or
15 8 rented for crop production by the owner of the open feedlot
15 9 operation, the plan shall include a copy of each written
15 10 agreement executed by the owner of the open feedlot operation
15 11 and the landowner or the person renting the land for crop
15 12 production where the open feedlot effluent may be applied.
15 13 d. An estimate of the open feedlot effluent volume or weight
15 14 produced by the open feedlot operation or animal truck wash
15 15 facility.
15 16 e. Information which shows all of the following:
15 17 (1) There is adequate storage for open feedlot effluent
15 18 or animal truck wash effluent, including procedures to ensure
15 19 proper operation and maintenance of the storage structures an
15 20 open feedlot operation structure or animal truck wash effluent
15 21 structure.
15 22 (2) The For an animal feeding operation, all of the
15 23 following:
15 24 (a) The proper management of animal mortalities to ensure
15 25 that animals are not disposed of in an open feedlot operation
15 26 structure or a treatment system that is not specifically
15 27 designed to treat animal mortalities.
15 28 (b) Animals kept in the open feedlot operation do not have
15 29 direct contact with any waters of the United States.
15 30 (3) (a) Surface drainage prior to contact with an open
15 31 feedlot structure is diverted, as appropriate, from the open
15 32 feedlot operation.
15 33 (b) Surface drainage prior to contact with an animal truck
15 34 wash facility is diverted, as appropriate, from the animal
15 35 truck wash facility.
16 1 (4) Animals kept in the open feedlot operation do not have
16 2 direct contact with any waters of the United States.
16 3 (5) Chemicals or other contaminants handled on=site are
16 4 not disposed of in an open feedlot operation structure, an
16 5 animal truck wash facility, or a treatment system that is not
16 6 specifically designed to treat such chemicals or contaminants.
16 7 9. The owner of an open feedlot operation or animal truck
16 8 wash facility who is required to develop and implement a
16 9 nutrient management plan shall maintain a current nutrient
16 10 management plan and maintain records sufficient to demonstrate
16 11 compliance with the nutrient management plan.
16 12 Sec. 31. Section 459A.301, Code 2015, is amended to read as
16 13 follows:
16 14 459A.301 Settled open feedlot effluent basins and animal
16 15 truck wash effluent structures ==== construction design standards
16 16 ==== rules.
16 17 If the department requires that a settled open feedlot
16 18 effluent basin or animal truck wash effluent structure be
16 19 constructed according to construction design standards,
16 20 regardless of whether the department requires the owner to
16 21 be issued a construction permit under section 459A.205, any
16 22 construction design standards for the basin or structure
16 23 shall be established by rules as provided in chapter 17A that
16 24 exclusively account for special design characteristics of open
16 25 feedlot operations and related basins or animal truck wash
16 26 facilities and related structures, including but not limited
16 27 to the dilute composition of settled open feedlot effluent as
16 28 collected and stored in the basins or structures.
16 29 Sec. 32. Section 459A.302, unnumbered paragraph 1, Code
16 30 2015, is amended to read as follows:
16 31 A settled open feedlot effluent basin or an animal truck
16 32 wash effluent structure required to be constructed pursuant to
16 33 a construction permit issued pursuant to section 459A.205 shall
16 34 meet all of the following requirements:
16 35 Sec. 33. Section 459A.302, subsection 1, paragraph a,
17 1 unnumbered paragraph 1, Code 2015, is amended to read as
17 2 follows:
17 3 Prior to constructing a settled open feedlot effluent basin
17 4 or an animal truck wash effluent structure, the site for the
17 5 basin shall be investigated for a drainage tile line by the
17 6 owner of the open feedlot operation or animal truck wash
17 7 facility. The investigation shall be made by digging a core
17 8 trench to a depth of at least six feet deep from ground level
17 9 at the projected center of the berm of the basin or structure.
17 10 If a drainage tile line is discovered, one of the following
17 11 solutions shall be implemented:
17 12 Sec. 34. Section 459A.302, subsections 2, 3, 4, and 5, Code
17 13 2015, are amended to read as follows:
17 14 2. a. The settled open feedlot effluent basin or an animal
17 15 truck wash effluent structure shall be constructed with a
17 16 minimum separation of two feet between the top of the liner of
17 17 the basin or structure and the seasonal high=water table.
17 18 b. If a drainage tile line around the perimeter of
17 19 the settled open feedlot effluent basin or animal truck
17 20 wash effluent structure is installed a minimum of two feet
17 21 below the top of the basin basin's or structure's liner to
17 22 artificially lower the seasonal high=water table, the top of
17 23 the basin's liner may be a maximum of four feet below the
17 24 seasonal high=water table. The seasonal high=water table may
17 25 be artificially lowered by gravity flow tile lines or other
17 26 similar system. However, the following shall apply:
17 27 (1) Except as provided in subparagraph (2), an open feedlot
17 28 operation or animal truck wash facility shall not use a
17 29 nongravity mechanical system that uses pumping equipment.
17 30 (2) If the open feedlot operation was constructed before
17 31 July 1, 2005, the operation may continue to use its existing
17 32 nongravity mechanical system that uses pumping equipment or
17 33 it may construct a new nongravity mechanical system that uses
17 34 pumping equipment. However, an open feedlot operation that
17 35 expands the area of its open feedlot on or after April 1, 2011,
18 1 shall not use a nongravity mechanical system that uses pumping
18 2 equipment.
18 3 3. Drainage tile lines may be installed to artificially
18 4 lower the seasonal high=water table at a settled open feedlot
18 5 effluent basin or animal truck wash effluent structure, if all
18 6 of the following conditions are satisfied:
18 7 a. A device to allow monitoring of the water in the drainage
18 8 tile lines and a device to allow shutoff of the flow in the
18 9 drainage tile lines are installed, if the drainage tile
18 10 lines do not have a surface outlet accessible on the property
18 11 where the settled open feedlot effluent basin or structure is
18 12 located.
18 13 b. Drainage tile lines are installed horizontally at least
18 14 twenty=five feet away from the settled open feedlot effluent
18 15 basin or structure. Drainage tile lines shall be placed in a
18 16 vertical trench and encased in granular material which extends
18 17 upward to the level of the seasonal high=water table.
18 18 4. A settled open feedlot effluent basin or animal truck
18 19 wash effluent structure shall be constructed with at least four
18 20 feet between the bottom of the basin or structure and a bedrock
18 21 formation.
18 22 5. A settled open feedlot effluent basin or animal truck
18 23 wash effluent structure constructed on a floodplain or within
18 24 a floodway of a river or stream shall comply with rules of
18 25 adopted by the department commission.
18 26 Sec. 35. Section 459A.302, subsection 6, unnumbered
18 27 paragraph 1, Code 2015, is amended to read as follows:
18 28 The liner of a settled open feedlot effluent basin or animal
18 29 truck wash effluent structure shall comply with all of the
18 30 following:
18 31 Sec. 36. Section 459A.302, subsection 7, Code 2015, is
18 32 amended to read as follows:
18 33 7. The owner of an open feedlot operation using a settled
18 34 open feedlot effluent basin or animal truck wash facility
18 35 using an animal truck wash effluent structure shall inspect
19 1 the berms of the basin or structure at least semiannually for
19 2 evidence of erosion. If the inspection reveals erosion which
19 3 may impact the basin's or structure's structural stability or
19 4 the integrity of the basin's or structure's liner, the owner
19 5 shall repair the berms.
19 6 Sec. 37. Section 459A.303, subsection 2, Code 2015, is
19 7 amended to read as follows:
19 8 2. The department commission shall adopt rules establishing
19 9 requirements for the construction and operation of alternative
19 10 technology systems.
19 11 Sec. 38. Section 459A.401, subsection 2, Code 2015, is
19 12 amended by striking the subsection and inserting in lieu
19 13 thereof the following:
19 14 2. Notwithstanding subsection 1, an open feedlot operation
19 15 that is a concentrated animal feeding operation shall comply
19 16 with applicable NPDES permit requirements as provided in the
19 17 federal Water Pollution Control Act, pursuant to rules that
19 18 shall be adopted by the commission. Any rules adopted pursuant
19 19 to this subsection shall be no more stringent than requirements
19 20 under the federal Act.
19 21 Sec. 39. Section 459A.401, Code 2015, is amended by adding
19 22 the following new subsection:
19 23 NEW SUBSECTION. 2A. If the open feedlot operation is
19 24 designed, constructed, and operated in accordance with the
19 25 requirements of an open feedlot effluent control system as
19 26 provided in rules adopted by the commission, the operation
19 27 shall be deemed to be in compliance with this section, unless a
19 28 discharge from the operation causes a violation of state water
19 29 quality standards as provided in chapter 455B, division III.
19 30 Sec. 40. Section 459A.401, subsection 3, paragraph a, Code
19 31 2015, is amended to read as follows:
19 32 a. (1) The open feedlot operation shall not discharge
19 33 open feedlot effluent from an open feedlot operation structure
19 34 into any waters of the United States, unless the discharge is
19 35 pursuant to an operating a NPDES permit.
20 1 (2) The open feedlot operation shall not be required to be
20 2 issued an operating a NPDES permit if the operation does not
20 3 discharge open feedlot effluent into any waters of the United
20 4 States.
20 5 Sec. 41. NEW SECTION. 459A.404 Animal truck wash facility
20 6 ==== construction regulations.
20 7 1. a. An animal truck wash effluent structure shall
20 8 not be constructed, including expanded, within one thousand
20 9 two hundred fifty feet from a residence not owned by the
20 10 titleholder of the animal truck wash facility, a commercial
20 11 enterprise, a bona fide religious institution, an educational
20 12 institution, or a public use area, as those terms are defined
20 13 in section 459.102, and as provided in rules adopted by the
20 14 commission pursuant to section 459.103, and as provided in
20 15 rules adopted by the commission pursuant to section 459A.104.
20 16 b. An animal truck wash effluent structure shall not be
20 17 constructed or expanded within one hundred feet from a public
20 18 thoroughfare as defined in section 459.102.
20 19 c. Paragraph "a" does not apply if a residence, educational
20 20 institution, commercial enterprise, or bona fide religious
20 21 institution was constructed or expanded, or if the boundaries
20 22 of the public use area were expanded, after the date that the
20 23 animal truck wash facility was established. The date the
20 24 animal truck wash facility was established is the date on which
20 25 the animal truck wash facility commenced operating. A change
20 26 in ownership or expansion of the animal truck wash facility
20 27 shall not change the established date of operation.
20 28 d. Paragraph "a" or "b" does not apply if the titleholder of
20 29 the land benefiting from the separation distance requirement,
20 30 including a person so authorized by the titleholder, executes
20 31 a written waiver with the titleholder of the land where
20 32 the animal truck wash effluent structure is located. The
20 33 structure shall be constructed or expanded under such terms
20 34 and conditions that the parties negotiate. The state or
20 35 a political subdivision constructing or maintaining the
21 1 public thoroughfare benefiting from the separation distance
21 2 requirement may execute a written waiver with the titleholder
21 3 of the land where the structure is located. The animal truck
21 4 wash effluent structure shall be constructed or expanded under
21 5 such terms and conditions that the parties negotiate.
21 6 e. An unformed animal truck wash effluent structure shall
21 7 not be constructed or expanded within the following minimum
21 8 separation distances from any of the following:
21 9 (1) One thousand feet from a public shallow well.
21 10 (2) Four hundred feet from a public deep well.
21 11 (3) Four hundred feet from a private well.
21 12 2. a. Any separation distance required for a confinement
21 13 feeding operation structure and a location or object specified
21 14 in section 459.310, subsection 1, shall also apply to an animal
21 15 truck wash effluent structure and that same location or object.
21 16 b. Any requirement, qualification, or exception that applies
21 17 to a separation distance required for a confinement feeding
21 18 operation structure and a location or object specified in
21 19 section 459.310, subsections 1 and 3, shall also apply to the
21 20 separation distance required for an animal truck wash effluent
21 21 structure and that same location or object. A separation
21 22 distance requirement shall not apply to any of the following:
21 23 (1) An animal truck wash effluent structure and a farm pond
21 24 or privately owned lake, as defined in section 462A.2.
21 25 (2) An animal truck wash effluent structure constructed
21 26 with a secondary containment barrier in accordance with rules
21 27 adopted by the commission. The rules shall correspond to rules
21 28 adopted pursuant to section 459.310, subsection 3.
21 29 3. a. An animal truck wash effluent structure shall not
21 30 be constructed, including expanded, on land that is part of
21 31 a one hundred year floodplain as designated by rules adopted
21 32 by the commission pursuant to section 459A.104. The rules
21 33 shall correspond to rules adopted pursuant to section 459.310,
21 34 subsections 2 and 4.
21 35 b. For purposes of section 459.310, subsection 4, the
22 1 provisions relating to an unformed manure storage structure
22 2 shall apply to an unformed animal truck wash effluent structure
22 3 and the provisions relating to a formed manure storage
22 4 structure shall apply to a formed animal truck wash effluent
22 5 structure.
22 6 c. Notwithstanding section 459.310, subsection 4, a
22 7 requirement relating to animal weight capacity or animal unit
22 8 capacity shall not apply. In addition, the capacity of a
22 9 replacement animal truck wash effluent structure shall not
22 10 exceed the amount required to store animal truck wash effluent
22 11 for any eighteen=month period.
22 12 4. A person shall not construct or expand an unformed animal
22 13 truck wash effluent structure within an agricultural drainage
22 14 well area as provided in section 460.205.
22 15 5. A person shall not construct an unformed animal truck
22 16 wash effluent structure on karst terrain or on an area
22 17 that drains into a known sinkhole. However, a person may
22 18 construct an animal truck wash effluent structure if there is
22 19 a twenty=five foot vertical separation distance between the
22 20 bottom of the structure and underlying limestone, dolomite,
22 21 or other soluble rock as documented in the engineering report
22 22 submitted to the department pursuant to section 459A.205.
22 23 Sec. 42. Section 459A.410, Code 2015, is amended to read as
22 24 follows:
22 25 459A.410 Effluent application requirements.
22 26 1. Open feedlot effluent or animal truck wash effluent
22 27 shall be applied in a manner which does not cause surface water
22 28 or groundwater pollution. Application in accordance with
22 29 the provisions of state law, including this chapter, rules
22 30 adopted pursuant to the provisions of state law, including this
22 31 chapter, and guidelines adopted pursuant to this chapter, shall
22 32 be deemed as compliance with this section.
22 33 2. A separation distance in section 459.314 that applies
22 34 to the land application of liquid manure from a confinement
22 35 feeding operation shall also apply to animal truck wash
23 1 effluent from an animal truck wash effluent structure in
23 2 accordance with rules adopted by the commission.
23 3 3. A person shall not apply animal truck wash effluent on
23 4 land located within seven hundred fifty feet from a residence
23 5 not owned by the titleholder of the land in accordance with
23 6 rules adopted by the commission. This separation distance does
23 7 not apply to the following:
23 8 a. The animal truck wash effluent is injected into the soil
23 9 or incorporated within the soil not later than twenty=four
23 10 hours from the original application, as provided by rules
23 11 adopted by the commission.
23 12 b. The titleholder of the land benefiting from the
23 13 separation distance requirement executes a written waiver
23 14 with the titleholder of the land where the animal truck wash
23 15 effluent is applied.
23 16 c. The animal truck wash effluent is from a small animal
23 17 truck wash facility or an animal truck wash facility that is
23 18 part of a small animal feeding operation.
23 19 Sec. 43. Section 459A.411, Code 2015, is amended to read as
23 20 follows:
23 21 459A.411 Discontinuance of operations.
23 22 The owner of an open feedlot operation or animal truck wash
23 23 facility who discontinues the use of the its operation shall
23 24 remove all open feedlot effluent from related open feedlot
23 25 operation structures or animal truck wash effluent structures
23 26 used to store open feedlot effluent, as soon as practical but
23 27 not later than six months following the date the operations of
23 28 the open feedlot operation or animal truck wash facility is
23 29 discontinued.
HF 583 (5) 86
da/rj/md