House File 489 - Introduced
HOUSE FILE
BY KELLEY
A BILL FOR
1 An Act providing for the application of manure originating from
2 animal feeding operations, and making penalties applicable.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN
1 1 Section 1. Section 459.102, Code 2015, is amended by adding
1 2 the following new subsections:
1 3 NEW SUBSECTION. 48A. "Rainfall event" means any period of
1 4 continuous rainfall.
1 5 NEW SUBSECTION. 50A. "Saturated ground" means the top
1 6 two inches of soil that due to precipitation can no longer
1 7 absorb liquid as determined according to rules adopted by the
1 8 department.
1 9 Sec. 2. Section 459.312, subsection 10, paragraph h, Code
1 10 2015, is amended by striking the paragraph.
1 11 Sec. 3. Section 459.313A, Code 2015, is amended by striking
1 12 the section and inserting in lieu thereof the following:
1 13 459.313A Application of manure on land ==== frozen,
1 14 snow=covered, and saturated ground ==== authorized and prohibited
1 15 ==== exceptions.
1 16 1. A person may apply manure originating from an animal
1 17 feeding operation on frozen ground, snow=covered ground, or
1 18 saturated ground, except to the extent otherwise provided by
1 19 applicable requirements in this section, this chapter, or the
1 20 national pollutant discharge elimination system pursuant to
1 21 the federal Water Pollution Control Act, 33 U.S.C. ch. 26, as
1 22 amended, and 40 C.F.R. pts. 122 and 412.
1 23 2. A person shall not apply liquid manure, originating
1 24 from a manure storage structure that is part of a confinement
1 25 feeding operation, on land that is any of the following:
1 26 a. Frozen ground, snow=covered ground, or saturated ground.
1 27 b. Located in a five=digit zip code area that is subject to
1 28 a rainfall event as forecast by the national weather service,
1 29 immediately prior to the beginning of the rainfall event,
1 30 predicting a fifty percent or greater probability that the area
1 31 will receive more than one quarter inch of rain during the
1 32 rainfall event's first twenty=four hours. In that case, the
1 33 person shall not apply the liquid manure for twenty=four hours
1 34 from the beginning of the rainfall event.
1 35 3. Subsection 2 does not apply to the application of liquid
2 1 manure that is any of the following:
2 2 a. Originates from a manure storage structure that is part
2 3 of a small animal feeding operation.
2 4 b. Is injected into the soil or incorporated within the soil
2 5 on the same date as the manure is first applied.
2 6 Sec. 4. NEW SECTION. 459.313B Application of liquid manure
2 7 on sloped land ==== prohibited exceptions.
2 8 1. A person shall not apply liquid manure originating from a
2 9 manure storage structure, that is part of a confinement feeding
2 10 operation, on land having a slope with a grade exceeding twenty
2 11 percent.
2 12 2. Subsection 1 does not apply to the application of liquid
2 13 manure that is any of the following:
2 14 a. Originates from a manure storage structure that is part
2 15 of a small confinement feeding operation.
2 16 b. Is injected into the soil or incorporated within the soil
2 17 on the same date as the manure is first applied.
2 18 EXPLANATION
2 19 The inclusion of this explanation does not constitute agreement with
2 20 the explanation's substance by the members of the general assembly.
2 21 BILL. This bill allows a person to apply manure originating
2 22 from an animal feeding operation on saturated ground, unless
2 23 it is liquid manure originating from a confinement feeding
2 24 operation. In that case, the bill prohibits the application of
2 25 such liquid manure on saturated ground as well as on frozen or
2 26 snow=covered ground regardless of the season. The prohibition
2 27 also requires a 24=hour delay if the national weather service
2 28 forecasts rain. The bill also prohibits a person from applying
2 29 liquid manure originating from a confinement feeding operation
2 30 on land having a slope with a grade exceeding 20 percent. The
2 31 prohibitions do not apply: (1) if the manure originates from a
2 32 small animal feeding operation or (2) the manure is injected or
2 33 incorporated.
2 34 CURRENT LAW. Generally, a person may apply manure
2 35 originating from an animal feeding operation on snow=covered
3 1 or frozen ground, except during a period beginning in winter
3 2 and ending in early spring. However, an exception allows such
3 3 application if there is an emergency, the manure originates
3 4 from a small animal feeding operation, or if the manure is
3 5 injected or incorporated. The prohibition is enforced by the
3 6 department of natural resources.
3 7 TERMS. An "animal feeding operation" is a place where
3 8 animals (cattle, swine, horses, sheep, chickens, turkeys,
3 9 or fish) are confined for 45 or more days in a 12=month
3 10 period. A "confinement feeding operation" is an animal feeding
3 11 operation in which animals are confined in roofed areas (e.g.,
3 12 buildings). A small animal feeding operation uses a formed
3 13 manure storage that has less than a 500 animal unit capacity
3 14 (e.g., 1,250 head of hogs weighing more than 55 pounds).
3 15 Injection is the process of applying manure beneath the soil
3 16 surface and incorporation is a process that mixes manure into
3 17 the soil.
3 18 APPLICABLE PENALTIES. A person who applies liquid manure
3 19 in violation of the bill's prohibition would be subject to a
3 20 civil penalty, that may be administratively assessed by the
3 21 department, in an amount of not more than $10,000 (Code section
3 22 455B.109), or judicially assessed for an amount not more than
3 23 $5,000 per each day of the violation (Code section 455B.191).
3 24 Collected moneys would be deposited into the watershed
3 25 improvement fund (Code sections 459.603 and 466A.2).
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