House File 583 - Introduced
HOUSE FILE
BY COMMITTEE ON
AGRICULTURE
(SUCCESSOR TO HF 425)
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 2294HV (3) 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"
1 20 means an operation engaged in washing single=unit trucks,
1 21 truck=tractors, semitrailers, or trailers used to transport
1 22 animals.
1 23 NEW SUBSECTION. 6A. "Basin" means any of the following:
1 24 a. A settled open feedlot effluent basin.
1 25 b. An animal truck wash effluent basin.
1 26 NEW SUBSECTION. 7A. "Concentrated animal feeding operation"
1 27 means the same as defined in 40 C.F.R. {122.23.
1 28 NEW SUBSECTION. 7B. "Confinement feeding operation" means
1 29 the same as defined in section 459.102.
1 30 NEW SUBSECTION. 11A. "Effluent" means open feedlot effluent
1 31 or animal truck wash effluent.
1 32 NEW SUBSECTION. 11B. "Federal Water Pollution Control Act",
1 33 means the federal Water Pollution Control Act of 1972, 33
1 34 U.S.C. ch. 26, as amended, and 40 C.F.R., pts. 122 and 412.
1 35 NEW SUBSECTION. 11C. "Formed animal truck wash effluent
2 1 basin" means a covered or uncovered impoundment used to store
2 2 effluent from an animal truck wash facility, which has walls
2 3 and a floor constructed of concrete, concrete block, wood,
2 4 steel, or similar materials.
2 5 NEW SUBSECTION. 13A. "Manure storage structure" means the
2 6 same as defined in section 459.102.
2 7 NEW SUBSECTION. 13B. "NPDES permit" means a permit issued
2 8 by the department under the national pollutant discharge
2 9 elimination system pursuant to the federal Water Pollution
2 10 Control Act of 1972, 33 U.S.C. ch. 26, as amended, and 40
2 11 C.F.R. pts. 122 and 412.
2 12 NEW SUBSECTION. 19A. "Owner" means a person who holds legal
2 13 or equitable title to any of the following:
2 14 a. The property where an open feedlot operation or animal
2 15 truck wash facility is located.
2 16 b. An open feedlot operation structure which is part of an
2 17 open feedlot operation or an animal truck wash effluent basin
2 18 which is part of an animal truck wash facility.
2 19 NEW SUBSECTION. 19B. "Professional engineer" means the same
2 20 as defined in section 459.102.
2 21 NEW SUBSECTION. 23A. "Small animal truck wash facility"
2 22 means an animal truck wash facility, if all of the following
2 23 apply:
2 24 a. The animal truck wash facility and all single=unit
2 25 trucks, truck=tractors, semitrailers, or trailers that are
2 26 washed at the facility are owned by the same person.
2 27 b. The average total per day volume of washwater used by the
2 28 animal truck wash facility does not exceed two thousand gallons
2 29 as calculated on a monthly basis.
2 30 NEW SUBSECTION. 23B. a. "Solids" means that portion of
2 31 effluent that meets all of the following requirements:
2 32 (1) Does not flow perceptibly under pressure.
2 33 (2) Is not capable of being transported through a mechanical
2 34 pumping device designed to move a liquid.
2 35 (3) The constituent molecules do not flow freely among
3 1 themselves but do show the tendency to separate under stress.
3 2 b. "Solids" includes settleable solids and scraped solids.
3 3 NEW SUBSECTION. 25A. "Structure" means any of the
3 4 following:
3 5 a. An open feedlot operation structure.
3 6 b. An animal truck wash effluent basin.
3 7 NEW SUBSECTION. 25B. "Unformed animal truck wash effluent
3 8 basin" means a covered or uncovered impoundment used to store
3 9 animal truck wash effluent, other than a formed animal truck
3 10 wash effluent basin.
3 11 Sec. 3. Section 459A.102, subsections 14, 16, 23, and 25,
3 12 Code 2015, are amended to read as follows:
3 13 14. "Nutrient management plan" or "plan" means a plan which
3 14 provides for the management of open feedlot effluent, or animal
3 15 truck wash effluent, including the application of effluent as
3 16 provided in section 459A.208.
3 17 16. "Open feedlot effluent" or "effluent" means a
3 18 combination of manure, precipitation=induced runoff, or other
3 19 runoff from an open feedlot before its settleable solids have
3 20 been removed.
3 21 23. "Settled open feedlot effluent basin" or "basin" means
3 22 an impoundment which is part of an open feedlot operation, if
3 23 the primary function of the impoundment is to collect and store
3 24 settled open feedlot effluent.
3 25 25. "Stockpile" means to store solids from an any of the
3 26 following:
3 27 a. An open feedlot operation outside of an open feedlot
3 28 operation structure, or outside of an area that drains to an
3 29 open feedlot operation structure.
3 30 b. An animal truck wash facility, outside an animal truck
3 31 wash facility, or outside an area that drains to an animal
3 32 truck wash facility.
3 33 Sec. 4. Section 459A.102, subsections 19 and 21, Code 2015,
3 34 are amended by striking the subsections.
3 35 Sec. 5. Section 459A.103, subsection 3, paragraph b, Code
4 1 2015, is amended to read as follows:
4 2 b. Notwithstanding paragraph "a", only for purposes of
4 3 determining whether an open feedlot operation must obtain an
4 4 operating a NPDES permit, the animal unit capacity of the
4 5 animal feeding operation includes the animal unit capacities
4 6 of both the open feedlot operation and the confinement feeding
4 7 operation if the animals in the open feedlot operation and the
4 8 confinement feeding operation are all in the same category or
4 9 type of animals as used in the definitions of large and medium
4 10 concentrated animal feeding operations in 40 C.F.R. pt. 122.
4 11 In all other respects the confinement feeding operation shall
4 12 be governed by chapter 459 and the open feedlot operation shall
4 13 be governed by this chapter.
4 14 Sec. 6. Section 459A.103, subsection 6, Code 2015, is
4 15 amended to read as follows:
4 16 6. The regulation of open feedlot effluent under this
4 17 chapter shall be construed as also regulating settled open
4 18 feedlot effluent and solids.
4 19 Sec. 7. Section 459A.104, Code 2015, is amended to read as
4 20 follows:
4 21 459A.104 General authority ==== commission and department ====
4 22 purpose ==== compliance.
4 23 1. The commission shall establish by rule adopted pursuant
4 24 to chapter 17A, requirements relating to the construction,
4 25 including expansion, or operation of open all of the following:
4 26 a. Open feedlot operations, including any related open
4 27 feedlot operation structures.
4 28 b. Animal truck wash facilities, including any related
4 29 animal truck wash effluent basins.
4 30 2. Any provision referring generally to compliance with
4 31 the requirements of this chapter as applied to open feedlot
4 32 operations or animal truck wash facilities also includes
4 33 compliance with requirements in rules adopted by the commission
4 34 pursuant to this section, orders issued by the department as
4 35 authorized under this chapter, and the terms and conditions
5 1 applicable to licenses, certifications, permits, or nutrient
5 2 management plans required under this chapter.
5 3 3. a. The purpose of this chapter is to provide
5 4 requirements relating to the construction, including the
5 5 expansion, and operation of open all of the following:
5 6 (1) Open feedlot operations, and the control of open feedlot
5 7 effluent, which.
5 8 (2) Animal truck wash facilities, and the control of animal
5 9 truck wash effluent.
5 10 b. The provisions of this chapter shall be construed to
5 11 supplement applicable provisions of chapter 459. If there is
5 12 a conflict between the provisions of this chapter and chapter
5 13 459, the provisions of this chapter shall prevail.
5 14 Sec. 8. Section 459A.105, Code 2015, is amended to read as
5 15 follows:
5 16 459A.105 Exception to regulation.
5 17 1. a. Except as provided in subsection 2 paragraph
5 18 "b", the requirements of this chapter which regulate open
5 19 feedlot operations, including rules adopted by the department
5 20 commission pursuant to section 459A.104, shall not apply
5 21 to research activities and experiments performed under the
5 22 authority and regulations of a research college, if the
5 23 research activities and experiments relate to an open feedlot
5 24 operation structure or the disposal or treatment of effluent
5 25 originating from an open feedlot operation.
5 26 2. b. The requirements of section 459A.410, including rules
5 27 adopted by the department commission under that section, apply
5 28 to research activities and experiments performed under the
5 29 authority and regulations of a research college.
5 30 2. a. Except as provided in paragraph "b", the requirements
5 31 of this chapter, including rules adopted by the commission
5 32 pursuant to section 459A.104, shall not apply to a small animal
5 33 truck wash facility.
5 34 b. The requirements of section 459A.205, subsection 4A,
5 35 paragraph "c", and sections 459A.404 and 459A.410, including
6 1 rules adopted by the commission under those provisions, apply
6 2 to a small animal truck wash facility.
6 3 Sec. 9. Section 459A.201, subsection 3, paragraph b, Code
6 4 2015, is amended to read as follows:
6 5 b. (1) A nutrient management plan as provided in section
6 6 459A.208 shall be approved or disapproved as part of a
6 7 construction permit application pursuant to section 459A.205.
6 8 (2) If For an open feedlot operation, if the nutrient
6 9 management plan is not part of an application for a
6 10 construction permit, the nutrient management plan shall be
6 11 approved or disapproved within sixty days from the date that
6 12 the department receives the nutrient management plan.
6 13 Sec. 10. Section 459A.205, subsection 1, Code 2015, is
6 14 amended to read as follows:
6 15 1. a. The department shall approve or disapprove
6 16 applications for permits for the construction, including the
6 17 expansion, of settled the following structures:
6 18 (1) Settled open feedlot effluent basins and alternative
6 19 technology systems, which are part of open feedlot operations
6 20 as provided in this chapter.
6 21 (2) Animal truck wash effluent basins which are part of
6 22 animal truck wash facilities as provided in this chapter.
6 23 b. The department's decision to approve or disapprove
6 24 a permit for the construction of a basin or alternative
6 25 system structure described in paragraph "a" shall be based on
6 26 whether the application is submitted according to procedures
6 27 and standards required by this chapter. A person shall not
6 28 begin construction of a basin or alternative system requiring
6 29 a permit such a structure under this section, unless the
6 30 department first approves the person's application and issues
6 31 to the person a construction permit.
6 32 Sec. 11. Section 459A.205, subsection 3, Code 2015, is
6 33 amended to read as follows:
6 34 3. The department shall not approve an An application for a
6 35 construction permit unless the applicant submits shall include
7 1 all of the following:
7 2 a. For an open feedlot operation submitting an application
7 3 for a construction permit on or after April 30, 2007, a A
7 4 nutrient management plan as provided in section 459A.208.
7 5 b. An engineering report, construction plans, and
7 6 specifications prepared by a licensed professional engineer or
7 7 the natural resources conservation service of the United States
7 8 department of agriculture certifying.
7 9 (1) For an open feedlot operation, the professional
7 10 engineer must certify that the construction of the settled
7 11 open feedlot effluent basin or alternative technology system
7 12 complies with the construction design standards required in
7 13 this chapter.
7 14 (2) For an animal truck wash facility, the professional
7 15 engineer must certify that the construction of the animal
7 16 truck wash effluent basin complies with the construction
7 17 design standards required in this chapter. However, an animal
7 18 truck wash facility electing to use a formed animal truck wash
7 19 effluent basin, in lieu of an engineering report, may submit a
7 20 construction design statement that meets the requirements of
7 21 sections 459A.306 and 459A.307.
7 22 Sec. 12. Section 459A.205, subsection 4, unnumbered
7 23 paragraph 1, Code 2015, is amended to read as follows:
7 24 An For an open feedlot operation, must be issued a
7 25 construction permit must be issued prior to any of the
7 26 following:
7 27 Sec. 13. Section 459A.205, subsection 4, paragraph a, Code
7 28 2015, is amended to read as follows:
7 29 a. The construction, including expansion, of a settled open
7 30 feedlot effluent basin or alternative technology system if the
7 31 open feedlot operation is required to be issued an operating a
7 32 NPDES permit.
7 33 Sec. 14. Section 459A.205, subsection 4, paragraph b,
7 34 unnumbered paragraph 1, Code 2015, is amended to read as
7 35 follows:
8 1 The When the department has previously issued the open
8 2 feedlot operation a construction permit and any of the
8 3 following applies:
8 4 Sec. 15. Section 459A.205, Code 2015, is amended by adding
8 5 the following new subsection:
8 6 NEW SUBSECTION. 4A. For an animal truck wash facility,
8 7 a construction permit must be issued prior to any of the
8 8 following:
8 9 a. The construction, including expansion, of an animal truck
8 10 wash effluent basin.
8 11 b. When the department has previously issued the animal
8 12 truck wash facility a construction permit and the volume of
8 13 the animal truck wash effluent would be more than the volume
8 14 approved by the department in the previous construction permit.
8 15 c. (1) When the animal truck wash facility is part of a
8 16 confinement feeding operation, and all of the following apply:
8 17 (a) The department has issued a construction permit under
8 18 section 459.303 or a letter approving a construction design
8 19 statement in lieu of a construction permit as provided by rules
8 20 adopted by the commission under section 459.103.
8 21 (b) The animal truck wash effluent will be added to an
8 22 existing manure storage structure resulting in a total stored
8 23 volume greater than that approved in the construction permit or
8 24 the construction design statement approval letter.
8 25 (2) When the animal truck wash facility is part of an open
8 26 feedlot operation, and all of the following apply:
8 27 (a) The department has issued a construction permit under
8 28 this section or a NPDES permit under section 459A.401.
8 29 (b) The animal truck wash effluent will be added to an
8 30 existing settled open feedlot effluent basin resulting in
8 31 a total stored volume greater than that approved in the
8 32 construction permit or NPDES permit.
8 33 Sec. 16. Section 459A.205, subsection 6, unnumbered
8 34 paragraph 1, Code 2015, is amended to read as follows:
8 35 The For an open feedlot operation, the application for the a
9 1 construction permit shall include all of the following:
9 2 Sec. 17. Section 459A.205, subsection 6, paragraph f, Code
9 3 2015, is amended to read as follows:
9 4 f. An engineering report, construction plans, and
9 5 specifications prepared by a licensed professional engineer or
9 6 by the United States natural resources conservation service,
9 7 for the settled open feedlot operation effluent basin or
9 8 alternative technology system.
9 9 Sec. 18. Section 459A.205, subsection 6, paragraph h,
9 10 subparagraph (3), Code 2015, is amended to read as follows:
9 11 (3) A public water supply system as defined in section
9 12 455B.171 or a drinking water well which is located within a
9 13 distance from the open feedlot operation as prescribed by rules
9 14 adopted by the department commission.
9 15 Sec. 19. Section 459A.205, subsection 6, paragraph i,
9 16 subparagraphs (1) and (3), Code 2015, are amended to read as
9 17 follows:
9 18 (1) Information showing that the proposed open feedlot
9 19 operation meets criteria for siting as established by rules
9 20 adopted by the department commission. However, if the
9 21 site does not meet the criteria, the information shall show
9 22 substantially equivalent alternatives to meeting such criteria.
9 23 (3) A conceptual design of the proposed alternative
9 24 technology system, as developed by a licensed professional
9 25 engineer.
9 26 Sec. 20. Section 459A.205, Code 2015, is amended by adding
9 27 the following new subsection:
9 28 NEW SUBSECTION. 6A. For an animal truck wash facility, the
9 29 application for the construction permit shall include all of
9 30 the following:
9 31 a. The name of the owner of the animal truck wash facility
9 32 and the name of the animal truck wash facility, including a
9 33 mailing address and telephone number for the owner and the
9 34 animal truck wash facility.
9 35 b. The name of the contact person for the animal truck wash
10 1 facility, including the person's mailing address and telephone
10 2 number.
10 3 c. The location of the animal truck wash facility.
10 4 d. A statement providing that the application is for any of
10 5 the following:
10 6 (1) The construction or expansion of an animal truck wash
10 7 effluent basin for an existing animal truck wash facility which
10 8 is not expanding.
10 9 (2) The construction or expansion of an animal truck wash
10 10 effluent basin for an existing animal truck wash facility which
10 11 is expanding.
10 12 (3) The construction of an animal truck wash effluent basin
10 13 for a proposed new animal truck wash facility.
10 14 e. An engineering report, construction plans, and
10 15 specifications prepared by a professional engineer or by the
10 16 United States natural resources conservation service, for the
10 17 animal truck effluent basin.
10 18 (1) The engineering report must demonstrate that the
10 19 storage capacity of its animal truck wash effluent basin is
10 20 equal to or greater than the amount of effluent to be stored
10 21 for any six=month period, in addition to two feet of freeboard.
10 22 (2) If an animal truck wash effluent basin is to be
10 23 constructed on karst terrain, the engineering report must
10 24 establish that the construction complies with the requirements
10 25 of section 459A.404.
10 26 f. A soils and hydrogeologic report of the site, as required
10 27 in section 459A.206.
10 28 g. Information, including but not limited to maps, drawings,
10 29 and aerial photos that clearly show the location of the animal
10 30 truck wash facility and all animal truck wash effluent basins.
10 31 Sec. 21. Section 459A.205, subsection 7, paragraph a,
10 32 unnumbered paragraph 1, Code 2015, is amended to read as
10 33 follows:
10 34 Except as provided in paragraph "b", a construction permit
10 35 for an open feedlot operation or animal truck wash facility
11 1 expires as follows:
11 2 Sec. 22. Section 459A.205, subsection 8, Code 2015, is
11 3 amended to read as follows:
11 4 8. The department may suspend or revoke a construction
11 5 permit, modify the terms or conditions of a construction
11 6 permit, or disapprove a request to extend the time to begin
11 7 or complete construction as provided in this section, if it
11 8 determines that the operation of the open feedlot operation or
11 9 animal truck wash facility constitutes a clear, present, and
11 10 impending danger to public health or the environment.
11 11 Sec. 23. Section 459A.206, subsection 1, Code 2015, is
11 12 amended to read as follows:
11 13 1. A settled open feedlot effluent basin or an animal truck
11 14 wash effluent basin required to be constructed pursuant to a
11 15 construction permit issued pursuant to section 459A.205 shall
11 16 meet design standards as required by a soils and hydrogeologic
11 17 report.
11 18 Sec. 24. Section 459A.207, subsection 1, unnumbered
11 19 paragraph 1, Code 2015, is amended to read as follows:
11 20 The owner of an open feedlot operation who is issued a
11 21 construction permit for a settled open feedlot effluent basin
11 22 or the owner of an animal truck wash facility who is issued a
11 23 construction permit for an animal truck wash effluent basin as
11 24 provided in section 459A.205 after July 1, 2005, shall submit
11 25 to the department a construction certification from a licensed
11 26 professional engineer certifying all of the following:
11 27 Sec. 25. Section 459A.207, subsection 1, paragraph b, Code
11 28 2015, is amended to read as follows:
11 29 b. The basin was inspected by the licensed professional
11 30 engineer after completion of construction and before
11 31 commencement of operation.
11 32 Sec. 26. Section 459A.208, subsections 1, 3, and 4, Code
11 33 2015, are amended to read as follows:
11 34 1. The following persons shall develop and implement a
11 35 nutrient management plan meeting the requirements of this
12 1 section:
12 2 a. The owner of an open feedlot operation which has an
12 3 animal unit capacity of one thousand animal units or more or
12 4 which is required to be issued an operating a NPDES permit
12 5 shall develop and implement a nutrient management plan meeting
12 6 the requirements of this section.
12 7 b. The owner of an animal truck wash facility which has an
12 8 animal truck wash effluent basin.
12 9 3. a. A person shall not remove open feedlot effluent from
12 10 an open feedlot operation structure which is part of an open
12 11 feedlot operation or animal truck wash effluent from an animal
12 12 truck wash effluent basin for which a nutrient management plan
12 13 is required under this section, unless the department approves
12 14 a nutrient management plan as required in this section. The
12 15 department
12 16 b. Notwithstanding paragraph "a", the commission may adopt
12 17 rules allowing a person to remove open feedlot effluent from an
12 18 open feedlot operation structure or animal truck wash effluent
12 19 basin until the nutrient management plan is approved or
12 20 disapproved by the department according to terms and conditions
12 21 required by rules adopted by the department commission.
12 22 4. The department shall not approve an application for a
12 23 permit to construct a settled open feedlot effluent basin or
12 24 animal truck wash effluent basin, unless the owner of the open
12 25 feedlot operation or animal truck wash facility, applying for
12 26 approval submits a nutrient management plan together with the
12 27 application for the construction permit as provided in section
12 28 459A.205. The owner of the open feedlot operation shall also
12 29 submit proof that the owner has published a notice for public
12 30 comment as provided in this section. The department shall
12 31 approve or disapprove the nutrient management plan as provided
12 32 in section 459A.201.
12 33 Sec. 27. Section 459A.208, subsection 5, unnumbered
12 34 paragraph 1, Code 2015, is amended to read as follows:
12 35 Prior For an animal feeding operation, prior to approving
13 1 or disapproving a nutrient management plan as required in this
13 2 section, the department may receive comments exclusively to
13 3 determine whether the nutrient management plan is submitted
13 4 according to procedures required by the department and that the
13 5 nutrient management plan complies with the provisions of this
13 6 chapter.
13 7 Sec. 28. Section 459A.208, subsections 6, 7, and 9, Code
13 8 2015, are amended to read as follows:
13 9 6. A nutrient management plan must be authenticated by the
13 10 owner of the open feedlot operation or the owner of the animal
13 11 truck wash facility as required by the department in accordance
13 12 with section 459A.201.
13 13 7. A nutrient management plan shall include all of the
13 14 following:
13 15 a. Restrictions on the application of open feedlot effluent
13 16 or animal truck wash effluent based on all of the following:
13 17 (1) Calculations necessary to determine the land area
13 18 required for the application of open feedlot the effluent from
13 19 an open feedlot operation based on nitrogen use levels in order
13 20 to obtain optimum crop yields according to a crop schedule
13 21 specified in the nutrient management plan, and according to
13 22 requirements adopted by the department.
13 23 (2) A phosphorus index established pursuant to section
13 24 459.312.
13 25 b. Information relating to the application of the open
13 26 feedlot effluent, including all of the following:
13 27 (1) Nutrient levels concentrations of the open feedlot
13 28 effluent.
13 29 (2) Application methods, the timing of the application, and
13 30 the location of the land where the application occurs.
13 31 c. If the application is on land other than land owned or
13 32 rented for crop production by the owner of the open feedlot
13 33 operation, the plan shall include a copy of each written
13 34 agreement executed by the owner of the open feedlot operation
13 35 and the landowner or the person renting the land for crop
14 1 production where the open feedlot effluent may be applied.
14 2 d. An estimate of the open feedlot effluent volume or weight
14 3 produced by the open feedlot operation or animal truck wash
14 4 facility.
14 5 e. Information which shows all of the following:
14 6 (1) There is adequate storage for open feedlot effluent
14 7 or animal truck wash effluent, including procedures to ensure
14 8 proper operation and maintenance of the storage structures an
14 9 open feedlot operation structure or animal truck wash effluent
14 10 basin.
14 11 (2) The For an animal feeding operation, all of the
14 12 following:
14 13 (a) The proper management of animal mortalities to ensure
14 14 that animals are not disposed of in an open feedlot operation
14 15 structure or a treatment system that is not specifically
14 16 designed to treat animal mortalities.
14 17 (b) Animals kept in the open feedlot operation do not have
14 18 direct contact with any waters of the United States.
14 19 (3) (a) Surface drainage prior to contact with an open
14 20 feedlot structure is diverted, as appropriate, from the open
14 21 feedlot operation.
14 22 (b) Surface drainage prior to contact with an animal truck
14 23 wash facility is diverted, as appropriate, from the animal
14 24 truck wash facility.
14 25 (4) Animals kept in the open feedlot operation do not have
14 26 direct contact with any waters of the United States.
14 27 (5) Chemicals or other contaminants handled on=site are
14 28 not disposed of in an open feedlot operation structure, an
14 29 animal truck wash facility, or a treatment system that is not
14 30 specifically designed to treat such chemicals or contaminants.
14 31 9. The owner of an open feedlot operation or animal truck
14 32 wash facility who is required to develop and implement a
14 33 nutrient management plan shall maintain a current nutrient
14 34 management plan and maintain records sufficient to demonstrate
14 35 compliance with the nutrient management plan.
15 1 Sec. 29. Section 459A.301, Code 2015, is amended to read as
15 2 follows:
15 3 459A.301 Settled open feedlot effluent basins and animal
15 4 truck wash effluent basins ==== construction design standards ====
15 5 rules.
15 6 If the department requires that a settled open feedlot
15 7 effluent basin or animal truck wash effluent basin be
15 8 constructed according to construction design standards,
15 9 regardless of whether the department requires the owner
15 10 to be issued a construction permit under section 459A.205,
15 11 any construction design standards for the basin shall
15 12 be established by rules as provided in chapter 17A that
15 13 exclusively account for special design characteristics of open
15 14 feedlot operations and related basins or animal truck wash
15 15 facilities and related basins, including but not limited to
15 16 the dilute composition of settled open feedlot effluent as
15 17 collected and stored in the basins.
15 18 Sec. 30. Section 459A.302, unnumbered paragraph 1, Code
15 19 2015, is amended to read as follows:
15 20 A settled open feedlot effluent basin or an animal truck
15 21 wash effluent basin required to be constructed pursuant to a
15 22 construction permit issued pursuant to section 459A.205 shall
15 23 meet all of the following requirements:
15 24 Sec. 31. Section 459A.302, subsection 1, paragraph a,
15 25 unnumbered paragraph 1, Code 2015, is amended to read as
15 26 follows:
15 27 Prior to constructing a settled open feedlot effluent basin
15 28 or an animal truck wash effluent basin, the site for the basin
15 29 shall be investigated for a drainage tile line by the owner
15 30 of the open feedlot operation or animal truck wash facility.
15 31 The investigation shall be made by digging a core trench to
15 32 a depth of at least six feet deep from ground level at the
15 33 projected center of the berm of the basin. If a drainage tile
15 34 line is discovered, one of the following solutions shall be
15 35 implemented:
16 1 Sec. 32. Section 459A.302, subsections 2, 3, 4, and 5, Code
16 2 2015, are amended to read as follows:
16 3 2. a. The settled open feedlot effluent basin or an animal
16 4 truck wash effluent basin shall be constructed with a minimum
16 5 separation of two feet between the top of the liner of the
16 6 basin and the seasonal high=water table.
16 7 b. If a drainage tile line around the perimeter of the basin
16 8 is installed a minimum of two feet below the top of the basin
16 9 liner to artificially lower the seasonal high=water table, the
16 10 top of the basin's liner may be a maximum of four feet below
16 11 the seasonal high=water table. The seasonal high=water table
16 12 may be artificially lowered by gravity flow tile lines or other
16 13 similar system. However, the following shall apply:
16 14 (1) Except as provided in subparagraph (2), an open feedlot
16 15 operation or animal truck wash facility shall not use a
16 16 nongravity mechanical system that uses pumping equipment.
16 17 (2) If the open feedlot operation was constructed before
16 18 July 1, 2005, the operation may continue to use its existing
16 19 nongravity mechanical system that uses pumping equipment or
16 20 it may construct a new nongravity mechanical system that uses
16 21 pumping equipment. However, an open feedlot operation that
16 22 expands the area of its open feedlot on or after April 1, 2011,
16 23 shall not use a nongravity mechanical system that uses pumping
16 24 equipment.
16 25 3. Drainage tile lines may be installed to artificially
16 26 lower the seasonal high=water table at a settled open feedlot
16 27 effluent basin or animal truck wash effluent basin, if all of
16 28 the following conditions are satisfied:
16 29 a. A device to allow monitoring of the water in the drainage
16 30 tile lines and a device to allow shutoff of the flow in the
16 31 drainage tile lines are installed, if the drainage tile lines
16 32 do not have a surface outlet accessible on the property where
16 33 the settled open feedlot effluent basin is located.
16 34 b. Drainage tile lines are installed horizontally at least
16 35 twenty=five feet away from the settled open feedlot effluent
17 1 basin. Drainage tile lines shall be placed in a vertical
17 2 trench and encased in granular material which extends upward to
17 3 the level of the seasonal high=water table.
17 4 4. A settled open feedlot effluent basin or animal truck
17 5 wash effluent basin shall be constructed with at least four
17 6 feet between the bottom of the basin and a bedrock formation.
17 7 5. A settled open feedlot effluent basin or animal truck
17 8 wash effluent basin constructed on a floodplain or within
17 9 a floodway of a river or stream shall comply with rules of
17 10 adopted by the department commission.
17 11 Sec. 33. Section 459A.302, subsection 6, unnumbered
17 12 paragraph 1, Code 2015, is amended to read as follows:
17 13 The liner of a settled open feedlot effluent basin or
17 14 animal truck wash effluent basin shall comply with all of the
17 15 following:
17 16 Sec. 34. Section 459A.302, subsection 7, Code 2015, is
17 17 amended to read as follows:
17 18 7. The owner of an open feedlot operation using a settled
17 19 open feedlot effluent basin or animal truck wash facility
17 20 shall inspect the berms of the basin at least semiannually for
17 21 evidence of erosion. If the inspection reveals erosion which
17 22 may impact the basin's structural stability or the integrity of
17 23 the basin's liner, the owner shall repair the berms.
17 24 Sec. 35. Section 459A.303, subsection 2, Code 2015, is
17 25 amended to read as follows:
17 26 2. The department commission shall adopt rules establishing
17 27 requirements for the construction and operation of alternative
17 28 technology systems.
17 29 Sec. 36. Section 459A.401, subsection 2, Code 2015, is
17 30 amended by striking the subsection and inserting in lieu
17 31 thereof the following:
17 32 2. Notwithstanding subsection 1, an open feedlot operation
17 33 that is a concentrated animal feeding operation shall comply
17 34 with applicable NPDES permit requirements as provided in the
17 35 federal Water Pollution Control Act, pursuant to rules that
18 1 shall be adopted by the commission. Any rules adopted pursuant
18 2 to this subsection shall be no more stringent than requirements
18 3 under the federal Act.
18 4 Sec. 37. Section 459A.401, Code 2015, is amended by adding
18 5 the following new subsection:
18 6 NEW SUBSECTION. 2A. If the open feedlot operation is
18 7 designed, constructed, and operated in accordance with the
18 8 requirements of an open feedlot effluent control system as
18 9 provided in rules adopted by the commission, the operation
18 10 shall be deemed to be in compliance with this section, unless a
18 11 discharge from the operation causes a violation of state water
18 12 quality standards as provided in chapter 455B, division III.
18 13 Sec. 38. Section 459A.401, subsection 3, paragraph a, Code
18 14 2015, is amended to read as follows:
18 15 a. (1) The open feedlot operation shall not discharge
18 16 open feedlot effluent from an open feedlot operation structure
18 17 into any waters of the United States, unless the discharge is
18 18 pursuant to an operating a NPDES permit.
18 19 (2) The open feedlot operation shall not be required to be
18 20 issued an operating a NPDES permit if the operation does not
18 21 discharge open feedlot effluent into any waters of the United
18 22 States.
18 23 Sec. 39. NEW SECTION. 459A.404 Animal truck wash facility
18 24 ==== construction regulations.
18 25 1. a. An animal truck wash effluent basin shall not
18 26 be constructed, including expanded, within one thousand
18 27 two hundred fifty feet from a residence not owned by the
18 28 titleholder of the animal truck wash facility, a commercial
18 29 enterprise, a bona fide religious institution, an educational
18 30 institution, or a public use area, as those terms are defined
18 31 in section 459.102, and as provided in rules adopted by the
18 32 commission pursuant to section 459.103, and as provided in
18 33 rules adopted by the commission pursuant to section 459A.104.
18 34 b. An animal truck wash effluent basin shall not be
18 35 constructed or expanded within one hundred feet from a public
19 1 thoroughfare as defined in section 459.102.
19 2 c. Paragraph "a" does not apply if a residence, educational
19 3 institution, commercial enterprise, or bona fide religious
19 4 institution was constructed or expanded, or if the boundaries
19 5 of the public use area were expanded, after the date that the
19 6 animal truck wash facility was established. The date the
19 7 animal truck wash facility was established is the date on which
19 8 the animal truck wash facility commenced operating. A change
19 9 in ownership or expansion of the animal truck wash facility
19 10 shall not change the established date of operation.
19 11 d. Paragraph "a" or "b" does not apply if the titleholder of
19 12 the land benefiting from the separation distance requirement,
19 13 including a person so authorized by the titleholder, executes
19 14 a written waiver with the titleholder of the land where the
19 15 animal truck wash effluent basin is located. The basin shall
19 16 be constructed or expanded under such terms and conditions that
19 17 the parties negotiate. The state or a political subdivision
19 18 constructing or maintaining the public thoroughfare benefiting
19 19 from the separation distance requirement may execute a written
19 20 waiver with the titleholder of the land where the basin
19 21 is located. The animal truck wash effluent basin shall be
19 22 constructed or expanded under such terms and conditions that
19 23 the parties negotiate.
19 24 e. An unformed animal truck wash effluent basin shall not be
19 25 constructed or expanded within the following minimum separation
19 26 distances from any of the following:
19 27 (1) One thousand feet from a public shallow well.
19 28 (2) Four hundred feet from a public deep well.
19 29 (3) Four hundred feet from a private well.
19 30 2. a. Any separation distance required for a confinement
19 31 feeding operation structure and a location or object specified
19 32 in section 459.310, subsection 1, shall also apply to an animal
19 33 truck wash effluent basin and that same location or object.
19 34 b. Any requirement, qualification, or exception that
19 35 applies to a separation distance required for a confinement
20 1 feeding operation structure and a location or object specified
20 2 in section 459.310, subsection 1, shall also apply to the
20 3 separation distance required for an animal truck wash effluent
20 4 basin and that same location or object.
20 5 3. An animal truck wash effluent basin shall not be
20 6 constructed, including expanded, on land that is part of a
20 7 one hundred year floodplain as designated by rules adopted
20 8 by the commission pursuant to section 459A.104. The rules
20 9 shall correspond to rules adopted pursuant to section 459.310,
20 10 subsection 2.
20 11 4. A person shall not construct or expand an unformed animal
20 12 truck wash effluent basin within an agricultural drainage well
20 13 area as provided in section 460.205.
20 14 5. A person shall not construct an unformed animal truck
20 15 wash effluent basin on karst terrain or on an area that drains
20 16 into a known sinkhole. However, a person may construct an
20 17 animal truck wash effluent basin if there is a twenty=five
20 18 foot vertical separation distance between the bottom of the
20 19 basin and underlying limestone, dolomite, or other soluble
20 20 rock as documented in the engineering report submitted to the
20 21 department pursuant to section 459A.205.
20 22 Sec. 40. Section 459A.410, Code 2015, is amended to read as
20 23 follows:
20 24 459A.410 Effluent application requirements.
20 25 1. Open feedlot effluent or animal truck wash effluent
20 26 shall be applied in a manner which does not cause surface water
20 27 or groundwater pollution. Application in accordance with
20 28 the provisions of state law, including this chapter, rules
20 29 adopted pursuant to the provisions of state law, including this
20 30 chapter, and guidelines adopted pursuant to this chapter, shall
20 31 be deemed as compliance with this section.
20 32 2. The commission shall adopt rules establishing
20 33 requirements for the application of animal truck wash effluent,
20 34 including minimum separation distances between locations
20 35 or objects identified in such rules, and requirements for
21 1 application rates.
21 2 Sec. 41. Section 459A.411, Code 2015, is amended to read as
21 3 follows:
21 4 459A.411 Discontinuance of operations.
21 5 The owner of an open feedlot operation or animal truck wash
21 6 facility who discontinues the use of the its operation shall
21 7 remove all open feedlot effluent from related open feedlot
21 8 operation structures or animal truck wash effluent basins used
21 9 to store open feedlot effluent, as soon as practical but not
21 10 later than six months following the date the operations of
21 11 the open feedlot operation or animal truck wash facility is
21 12 discontinued.
21 13 EXPLANATION
21 14 The inclusion of this explanation does not constitute agreement with
21 15 the explanation's substance by the members of the general assembly.
21 16 GENERAL. This bill amends the "Animal Agriculture
21 17 Compliance Act for Open Feedlot Operations" (Code chapter 459A)
21 18 which authorizes the department of natural resources (DNR)
21 19 to regulate open feedlot operations. Generally, the bill
21 20 provides for the regulation of an animal truck wash facility
21 21 (facility) which engages in washing certain trucks transporting
21 22 animals (cattle, swine, horses, sheep, chickens, turkeys,
21 23 or fish) and collecting and storing the resulting animal
21 24 effluent in an animal truck wash effluent basin (basin). The
21 25 bill's provisions regulating such facilities and the resulting
21 26 effluent are closely related to the regulation of settled open
21 27 feedlot effluent basins which are impoundments used to collect
21 28 and store effluent, including solids, and the application of
21 29 effluent from those operations.
21 30 DOCUMENTS. The bill requires the owner of a facility
21 31 to submit a number of different documents for departmental
21 32 approval, including an application for a permit and associated
21 33 statements required to construct a basin. These include a
21 34 nutrient management plan that addresses restrictions on the
21 35 land application of effluent; a soils and hydrogeologic report;
22 1 and a construction certification authenticated by a licensed
22 2 professional engineer (Code sections 459A.102, 459A.205, and
22 3 459A.206).
22 4 CONSTRUCTION STANDARDS. The bill establishes construction
22 5 design standards for basins, requires separation distances
22 6 between a basin and certain locations or objects, including
22 7 residences, commercial enterprises, bona fide religious
22 8 institutions, educational institutions, public use areas,
22 9 public thoroughfares, surface intakes of agricultural drainage
22 10 wells, wellheads, cisterns of agricultural drainage wells,
22 11 known sinkholes, lakes, rivers, reservoirs, creeks, streams,
22 12 ditches, and wells. The bill restricts basins from being
22 13 constructed on karst terrain based on requirements in Code
22 14 chapter 459 regulating confinement feeding operations (Code
22 15 section 459A.404). The bill also requires special provisions
22 16 for tile lines, and restricts construction within a distance
22 17 from bedrock and on floodplains (Code section 459A.302).
22 18 OPERATING PERMITS FOR OPEN FEEDLOTS. The bill eliminates
22 19 a provision requiring an open feedlot to operate pursuant to
22 20 an operating permit issued by the department (Code section
22 21 459A.401) so long as the operation obtains a so=called
22 22 NPDES permit under the federal national pollutant discharge
22 23 elimination system program.
22 24 STOCKPILING AND APPLICATION REQUIREMENTS. The bill places
22 25 restrictions upon the stockpiling of solids from effluent (Code
22 26 section 459A.403) and the land application of effluent. Such
22 27 application cannot cause surface water or groundwater pollution
22 28 (Code section 459A.410). The bill requires the department to
22 29 establish requirements for application of effluent including by
22 30 establishing separation distances required between the site of
22 31 application and locations and objects identified by the rules.
22 32 DISCONTINUANCE. The owner of a facility must remove
22 33 effluent after the operation of the facility is discontinued
22 34 (Code section 459A.411).
22 35 SMALL ANIMAL TRUCK WASH FACILITY ==== EXEMPTION. The bill
23 1 exempts a small animal truck wash facility from many of the
23 2 bill's requirements. A small animal truck wash facility is
23 3 an animal truck wash facility that satisfies two conditions:
23 4 (1) The facility and all single=unit trucks, truck=tractors,
23 5 semitrailers, or trailers washed at the facility must be owned
23 6 by the same person, and (2) the average total per day volume of
23 7 washwater used by the facility must not exceed 2,000 gallons
23 8 as calculated on a monthly basis. However, the bill provides
23 9 that the bill's provisions continue to apply to a small animal
23 10 truck wash facility in three instances. First, it applies
23 11 when the facility is part of a confinement feeding operation
23 12 required to be constructed under a permit or approval letter
23 13 issued by DNR, or when the facility is part of an open feedlot
23 14 operation required to be constructed under a construction
23 15 permit or operate under a NPDES permit issued by DNR, and the
23 16 total volume of stored effluent is greater than allowed under
23 17 the relevant permit or letter (Code section 459A.205). Second,
23 18 the bill's separation distance requirements continue to apply
23 19 (new Code section 459A.404). Finally, the general prohibition
23 20 against applying effluent in a manner that causes surface water
23 21 or groundwater pollution continues to apply (Code section
23 22 459A.410).
23 23 ENFORCEMENT. DNR and the attorney general are responsible
23 24 for enforcing the provisions of the bill (Code section
23 25 459A.501).
23 26 PENALTIES. A person who is in violation of the
23 27 prohibition would be subject to a civil penalty, that may be
23 28 administratively assessed by the department, in an amount of
23 29 not more than $10,000 (Code sections 459A.502 and 455B.109), or
23 30 judicially assessed for an amount not more than $5,000 per each
23 31 day of the violation (Code sections 459A.502 and 455B.191).
23 32 Collected moneys would be deposited into the watershed
23 33 improvement fund (Code sections 459A.502 and 466A.2).
LSB 2294HV (3) 86
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