House File 583 - Enrolled
HOUSE FILE
BY COMMITTEE ON
AGRICULTURE
(SUCCESSOR TO HF 425)
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A BILL FOR
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House File 583
AN ACT
RELATING TO THE CONTROL OF EFFLUENT FROM ANIMAL TRUCK WASH
FACILITIES, BY REQUIRING CERTAIN PERMITS, REGULATING
STORAGE AND APPLICATION OF EFFLUENT, AND MAKING PENALTIES
APPLICABLE.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 459A.101, Code 2015, is amended to read
as follows:
459A.101 Title.
This chapter shall be known and may be cited as the
"Animal Agriculture Compliance Act for Open Feedlot Operations"
Operations and Animal Truck Wash Facilities".
Sec. 2. Section 459A.102, Code 2015, is amended by adding
the following new subsections:
NEW SUBSECTION. 3A. "Animal truck wash effluent" means
a combination of manure, washwater=induced runoff, or other
runoff derived from an animal truck wash facility, which may
include solids.
NEW SUBSECTION. 3B. "Animal truck wash effluent structure"
means an impoundment which is part of an animal truck wash
facility, if the primary function of the impoundment is to
collect and store animal truck wash effluent.
NEW SUBSECTION. 3C. "Animal truck wash facility"
means an operation engaged in washing single=unit trucks,
truck=tractors, semitrailers, or trailers used to transport
animals.
NEW SUBSECTION. 7A. "Concentrated animal feeding operation"
means the same as defined in 40 C.F.R. {122.23.
NEW SUBSECTION. 7B. "Confinement feeding operation" means
the same as defined in section 459.102.
NEW SUBSECTION. 11A. "Effluent" means open feedlot effluent
or animal truck wash effluent.
NEW SUBSECTION. 11B. "Federal Water Pollution Control Act",
means the federal Water Pollution Control Act of 1972, 33
U.S.C. ch. 26, as amended, and 40 C.F.R., pts. 122 and 412.
NEW SUBSECTION. 11C. "Formed animal truck wash effluent
structure" means a covered or uncovered impoundment used to
store effluent from an animal truck wash facility, which has
walls and a floor constructed of concrete, concrete block,
wood, steel, or similar materials.
NEW SUBSECTION. 13A. "Karst terrain" means the same as
defined in section 459.102.
NEW SUBSECTION. 13B. "Manure storage structure" means the
same as defined in section 459.102.
NEW SUBSECTION. 13C. "NPDES permit" means a permit issued
by the department under the national pollutant discharge
elimination system pursuant to the federal Water Pollution
Control Act of 1972, 33 U.S.C. ch. 26, as amended, and 40
C.F.R. pts. 122 and 412.
NEW SUBSECTION. 19A. "Owner" means a person who holds legal
or equitable title to any of the following:
a. The property where an open feedlot operation or animal
truck wash facility is located.
b. An open feedlot operation structure which is part of
an open feedlot operation or an animal truck wash effluent
structure which is part of an animal truck wash facility.
NEW SUBSECTION. 19B. "Professional engineer" means the same
as defined in section 459.102.
NEW SUBSECTION. 23A. "Small animal feeding operation" means
the same as defined in section 459.102.
NEW SUBSECTION. 23B. "Small animal truck wash facility"
means an animal truck wash facility, if all of the following
apply:
a. The animal truck wash facility and all single=unit
trucks, truck=tractors, semitrailers, or trailers that are
washed at the facility are owned by the same person.
b. The average total per day volume of washwater used by the
animal truck wash facility does not exceed two thousand gallons
as calculated on a monthly basis.
NEW SUBSECTION. 23C. a. "Solids" means that portion of
effluent that meets all of the following requirements:
(1) Does not flow perceptibly under pressure.
(2) Is not capable of being transported through a mechanical
pumping device designed to move a liquid.
(3) The constituent molecules do not flow freely among
themselves but do show the tendency to separate under stress.
b. "Solids" includes settleable solids and scraped solids.
NEW SUBSECTION. 25A. "Structure" means any of the
following:
a. An open feedlot operation structure.
b. An animal truck wash effluent structure.
NEW SUBSECTION. 25B. "Unformed animal truck wash effluent
structure" means a covered or uncovered impoundment used to
store animal truck wash effluent, other than a formed animal
truck wash effluent structure.
Sec. 3. Section 459A.102, subsections 14, 16, and 25, Code
2015, are amended to read as follows:
14. "Nutrient management plan" or "plan" means a plan which
provides for the management of open feedlot effluent, or animal
truck wash effluent, including the application of effluent as
provided in section 459A.208.
16. "Open feedlot effluent" or "effluent" means a
combination of manure, precipitation=induced runoff, or other
runoff from an open feedlot before its settleable solids have
been removed.
25. "Stockpile" means to store solids from an any of the
following:
a. An open feedlot operation outside of an open feedlot
operation structure, or outside of an area that drains to an
open feedlot operation structure.
b. An animal truck wash facility, outside an animal truck
wash facility, or outside an area that drains to an animal
truck wash facility.
Sec. 4. Section 459A.102, subsections 19 and 21, Code 2015,
are amended by striking the subsections.
Sec. 5. Section 459A.103, subsection 3, paragraph b, Code
2015, is amended to read as follows:
b. Notwithstanding paragraph "a", only for purposes of
determining whether an open feedlot operation must obtain an
operating a NPDES permit, the animal unit capacity of the
animal feeding operation includes the animal unit capacities
of both the open feedlot operation and the confinement feeding
operation if the animals in the open feedlot operation and the
confinement feeding operation are all in the same category or
type of animals as used in the definitions of large and medium
concentrated animal feeding operations in 40 C.F.R. pt. 122.
In all other respects the confinement feeding operation shall
be governed by chapter 459 and the open feedlot operation shall
be governed by this chapter.
Sec. 6. Section 459A.103, Code 2015, is amended by adding
the following new subsections:
NEW SUBSECTION. 3A. An animal truck wash facility is
considered to be part of an animal feeding operation if the
animal truck wash facility and animal feeding operation are
under common ownership or management and the animal truck wash
facility is located within one thousand two hundred fifty feet
of the animal feeding operation.
NEW SUBSECTION. 3B. a. If an open feedlot operation
structure or animal truck wash effluent structure contains
effluent from both an open feedlot operation and an animal
truck wash facility, the animal truck wash effluent shall be
deemed to be open feedlot effluent.
b. If a manure storage structure or animal truck wash
effluent structure contains both manure from a confinement
feeding operation and animal truck wash effluent from an animal
truck wash facility, the effluent shall be deemed to be manure.
Sec. 7. Section 459A.103, subsection 6, Code 2015, is
amended to read as follows:
6. The regulation of open feedlot effluent under this
chapter shall be construed as also regulating settled open
feedlot effluent and solids.
Sec. 8. Section 459A.103, Code 2015, is amended by adding
the following new subsection:
NEW SUBSECTION. 8. An animal truck wash facility may be
part of either a confinement feeding operation or an open
feedlot operation. An animal truck wash effluent structure may
also be the same as any of the following:
a. A manure storage structure that is part of the
confinement feeding operation, so long as the primary function
of such impoundment is to collect and store effluent from both
the animal truck wash facility and manure from the confinement
feeding operation.
b. A settled open feedlot effluent basin that is part of
the open feedlot operation, so long as the primary function of
such impoundment is to collect and store effluent from both the
animal truck wash facility and open feedlot operation.
Sec. 9. Section 459A.104, Code 2015, is amended to read as
follows:
459A.104 General authority ==== commission and department ====
purpose ==== compliance.
1. The commission shall establish by rule adopted pursuant
to chapter 17A, requirements relating to the construction,
including expansion, or operation of open all of the following:
a. Open feedlot operations, including any related open
feedlot operation structures.
b. Animal truck wash facilities, including any related
animal truck wash effluent structures.
2. Any provision referring generally to compliance with
the requirements of this chapter as applied to open feedlot
operations or animal truck wash facilities also includes
compliance with requirements in rules adopted by the commission
pursuant to this section, orders issued by the department as
authorized under this chapter, and the terms and conditions
applicable to licenses, certifications, permits, or nutrient
management plans required under this chapter.
3. a. The purpose of this chapter is to provide
requirements relating to the construction, including the
expansion, and operation of open all of the following:
(1) Open feedlot operations, and the control of open feedlot
effluent, which.
(2) Animal truck wash facilities, and the control of animal
truck wash effluent.
b. The provisions of this chapter shall be construed to
supplement applicable provisions of chapter 459. If there is
a conflict between the provisions of this chapter and chapter
459, the provisions of this chapter shall prevail.
Sec. 10. Section 459A.105, Code 2015, is amended to read as
follows:
459A.105 Exception to regulation.
1. a. Except as provided in subsection 2 paragraph
"b", the requirements of this chapter which regulate open
feedlot operations, including rules adopted by the department
commission pursuant to section 459A.104, shall not apply
to research activities and experiments performed under the
authority and regulations of a research college, if the
research activities and experiments relate to an open feedlot
operation structure or the disposal or treatment of effluent
originating from an open feedlot operation.
2. b. The requirements of section 459A.410, including rules
adopted by the department commission under that section, apply
to research activities and experiments performed under the
authority and regulations of a research college.
2. a. Except as provided in paragraph "b", the requirements
of this chapter, including rules adopted by the commission
pursuant to section 459A.104, shall not apply to a small animal
truck wash facility.
b. The requirements of section 459A.205, including rules
adopted by the commission pursuant to that section shall apply
to a small animal truck wash facility only to the extent
required by section 459A.205, subsection 4A. The requirements
of sections 459A.404 and 459A.410, including rules adopted by
the commission under those provisions, apply to a small animal
truck wash facility.
Sec. 11. Section 459A.201, subsection 3, paragraph b, Code
2015, is amended to read as follows:
b. (1) A nutrient management plan as provided in section
459A.208 shall be approved or disapproved as part of a
construction permit application pursuant to section 459A.205.
(2) If For an open feedlot operation, if the nutrient
management plan is not part of an application for a
construction permit, the nutrient management plan shall be
approved or disapproved within sixty days from the date that
the department receives the nutrient management plan.
Sec. 12. Section 459A.205, subsection 1, Code 2015, is
amended to read as follows:
1. a. The department shall approve or disapprove
applications for permits for the construction, including the
expansion, of settled the following structures:
(1) Settled open feedlot effluent basins and alternative
technology systems, which are part of open feedlot operations
as provided in this chapter.
(2) Animal truck wash effluent structures which are part of
animal truck wash facilities as provided in this chapter.
b. The department's decision to approve or disapprove
a permit for the construction of a basin or alternative
system structure described in paragraph "a" shall be based on
whether the application is submitted according to procedures
and standards required by this chapter. A person shall not
begin construction of a basin or alternative system requiring
a permit such a structure under this section, unless the
department first approves the person's application and issues
to the person a construction permit.
Sec. 13. Section 459A.205, subsection 3, Code 2015, is
amended to read as follows:
3. The department shall not approve an An application for a
construction permit unless the applicant submits shall include
all of the following:
a. For an open feedlot operation submitting an application
for a construction permit on or after April 30, 2007, a A
nutrient management plan as provided in section 459A.208.
b. An engineering report, construction plans, and
specifications prepared by a licensed professional engineer or
the natural resources conservation service of the United States
department of agriculture certifying.
(1) For an open feedlot operation, the professional
engineer must certify that the construction of the settled
open feedlot effluent basin or alternative technology system
complies with the construction design standards required in
this chapter.
(2) For an animal truck wash facility, the professional
engineer must certify that the construction of the animal
truck wash effluent structure complies with the construction
design standards required in this chapter. However, an animal
truck wash facility electing to use a formed animal truck
wash effluent structure, in lieu of an engineering report,
may submit a construction design statement that meets the
requirements of sections 459.306 and 459.307.
Sec. 14. Section 459A.205, subsection 4, unnumbered
paragraph 1, Code 2015, is amended to read as follows:
An For an open feedlot operation, must be issued a
construction permit must be issued prior to any of the
following:
Sec. 15. Section 459A.205, subsection 4, paragraph a, Code
2015, is amended to read as follows:
a. The construction, including expansion, of a settled open
feedlot effluent basin or alternative technology system if the
open feedlot operation is required to be issued an operating a
NPDES permit.
Sec. 16. Section 459A.205, subsection 4, paragraph b,
unnumbered paragraph 1, Code 2015, is amended to read as
follows:
The When the department has previously issued the open
feedlot operation a construction permit and any of the
following applies:
Sec. 17. Section 459A.205, Code 2015, is amended by adding
the following new subsection:
NEW SUBSECTION. 4A. For an animal truck wash facility,
a construction permit must be issued prior to any of the
following:
a. The construction, including expansion, of an animal truck
wash effluent structure.
b. When the department has previously issued the animal
truck wash facility a construction permit and the volume of
the animal truck wash effluent would be more than the volume
approved by the department in the previous construction permit.
c. When the animal truck wash facility is part of a
confinement feeding operation, and all of the following apply:
(1) The department has issued a construction permit under
section 459.303 or a letter approving a construction design
statement in lieu of a construction permit as provided by rules
adopted by the commission under section 459.103.
(2) The animal truck wash effluent will be added to an
existing manure storage structure resulting in a total stored
volume greater than that approved in the construction permit or
the construction design statement approval letter.
d. When the animal truck wash facility is part of an open
feedlot operation, and all of the following apply:
(1) The department has issued a construction permit under
this section or a NPDES permit under section 459A.401.
(2) The animal truck wash effluent will be added to an
existing settled open feedlot effluent basin resulting in
a total stored volume greater than that approved in the
construction permit or NPDES permit.
e. When the animal truck wash facility is constructed or
expanded as part of a small animal feeding operation that
includes a manure storage structure, and the animal truck
wash effluent will be added to the manure storage structure.
However, a construction permit is not required under this
section for a small animal truck wash facility or for a small
animal truck wash facility that is part of a small animal
feeding operation.
Sec. 18. Section 459A.205, subsection 6, unnumbered
paragraph 1, Code 2015, is amended to read as follows:
The For an open feedlot operation, the application for the a
construction permit shall include all of the following:
Sec. 19. Section 459A.205, subsection 6, paragraph f, Code
2015, is amended to read as follows:
f. An engineering report, construction plans, and
specifications prepared by a licensed professional engineer or
by the United States natural resources conservation service,
for the settled open feedlot operation effluent basin or
alternative technology system.
Sec. 20. Section 459A.205, subsection 6, paragraph h,
subparagraph (3), Code 2015, is amended to read as follows:
(3) A public water supply system as defined in section
455B.171 or a drinking water well which is located within a
distance from the open feedlot operation as prescribed by rules
adopted by the department commission.
Sec. 21. Section 459A.205, subsection 6, paragraph i,
subparagraphs (1) and (3), Code 2015, are amended to read as
follows:
(1) Information showing that the proposed open feedlot
operation meets criteria for siting as established by rules
adopted by the department commission. However, if the
site does not meet the criteria, the information shall show
substantially equivalent alternatives to meeting such criteria.
(3) A conceptual design of the proposed alternative
technology system, as developed by a licensed professional
engineer.
Sec. 22. Section 459A.205, Code 2015, is amended by adding
the following new subsection:
NEW SUBSECTION. 6A. For an animal truck wash facility, the
application for the construction permit shall include all of
the following:
a. The name of the owner of the animal truck wash facility
and the name of the animal truck wash facility, including a
mailing address and telephone number for the owner and the
animal truck wash facility.
b. The name of the contact person for the animal truck wash
facility, including the person's mailing address and telephone
number.
c. The location of the animal truck wash facility.
d. A statement providing that the application is for any of
the following:
(1) The construction or expansion of an animal truck wash
effluent structure for an existing animal truck wash facility
which is not expanding.
(2) The construction or expansion of an animal truck wash
effluent structure for an existing animal truck wash facility
which is expanding.
(3) The construction of an animal truck wash effluent
structure for a proposed new animal truck wash facility.
e. An engineering report, construction plans, and
specifications prepared by a professional engineer or by the
United States natural resources conservation service, for the
animal truck effluent structure.
(1) The engineering report must demonstrate that the
storage capacity of its animal truck wash effluent structure
is equal to or greater than the amount of effluent to be stored
for any six=month period, in addition to two feet of freeboard.
(2) If an animal truck wash effluent structure is to be
constructed on karst terrain, the engineering report must
establish that the construction complies with the requirements
of section 459A.404.
f. A soils and hydrogeologic report of the site, as required
in section 459A.206.
g. Information, including but not limited to maps, drawings,
and aerial photos that clearly show the location of the
animal truck wash facility and all animal truck wash effluent
structures.
Sec. 23. Section 459A.205, subsection 7, paragraph a,
unnumbered paragraph 1, Code 2015, is amended to read as
follows:
Except as provided in paragraph "b", a construction permit
for an open feedlot operation or animal truck wash facility
expires as follows:
Sec. 24. Section 459A.205, subsection 8, Code 2015, is
amended to read as follows:
8. The department may suspend or revoke a construction
permit, modify the terms or conditions of a construction
permit, or disapprove a request to extend the time to begin
or complete construction as provided in this section, if it
determines that the operation of the open feedlot operation or
animal truck wash facility constitutes a clear, present, and
impending danger to public health or the environment.
Sec. 25. Section 459A.206, subsection 1, Code 2015, is
amended to read as follows:
1. A settled open feedlot effluent basin or an animal truck
wash effluent structure required to be constructed pursuant to
a construction permit issued pursuant to section 459A.205 shall
meet design standards as required by a soils and hydrogeologic
report.
Sec. 26. Section 459A.207, subsection 1, unnumbered
paragraph 1, Code 2015, is amended to read as follows:
The owner of an open feedlot operation who is issued a
construction permit for a settled open feedlot effluent basin
or the owner of an animal truck wash facility who is issued a
construction permit for an animal truck wash effluent structure
as provided in section 459A.205 after July 1, 2005, shall
submit to the department a construction certification from a
licensed professional engineer certifying all of the following:
Sec. 27. Section 459A.207, subsection 1, paragraph b, Code
2015, is amended to read as follows:
b. The basin or structure was inspected by the licensed
professional engineer after completion of construction and
before commencement of operation.
Sec. 28. Section 459A.208, subsections 1, 3, and 4, Code
2015, are amended to read as follows:
1. The following persons shall develop and implement a
nutrient management plan meeting the requirements of this
section:
a. The owner of an open feedlot operation which has an
animal unit capacity of one thousand animal units or more or
which is required to be issued an operating a NPDES permit
shall develop and implement a nutrient management plan meeting
the requirements of this section.
b. The owner of an animal truck wash facility, other than
a small animal truck wash facility, which has an animal truck
wash effluent structure. However, for an animal truck wash
facility which is part of a confinement feeding operation, in
lieu of submitting a nutrient management plan, the owner of
the animal truck wash facility may submit an original manure
management plan and an updated manure management plan to the
department as required by section 459.312, including rules
adopted by the commission pursuant to that section.
3. a. A person shall not remove open feedlot effluent
from an open feedlot operation structure which is part of an
open feedlot operation or animal truck wash effluent from an
animal truck wash effluent structure for which a nutrient
management plan is required under this section, unless the
department approves a nutrient management plan as required in
this section. The department
b. Notwithstanding paragraph "a", the commission may adopt
rules allowing a person to remove open feedlot effluent from an
open feedlot operation structure or animal truck wash effluent
structure until the nutrient management plan is approved or
disapproved by the department according to terms and conditions
required by rules adopted by the department commission.
4. The department shall not approve an application for a
permit to construct a settled open feedlot effluent basin or
animal truck wash effluent structure, unless the owner of the
open feedlot operation or animal truck wash facility, applying
for approval submits a nutrient management plan together with
the application for the construction permit as provided in
section 459A.205. The owner of the open feedlot operation
shall also submit proof that the owner has published a notice
for public comment as provided in this section. The department
shall approve or disapprove the nutrient management plan as
provided in section 459A.201.
Sec. 29. Section 459A.208, subsection 5, unnumbered
paragraph 1, Code 2015, is amended to read as follows:
Prior For an animal feeding operation, prior to approving
or disapproving a nutrient management plan as required in this
section, the department may receive comments exclusively to
determine whether the nutrient management plan is submitted
according to procedures required by the department and that the
nutrient management plan complies with the provisions of this
chapter.
Sec. 30. Section 459A.208, subsections 6, 7, and 9, Code
2015, are amended to read as follows:
6. A nutrient management plan must be authenticated by the
owner of the open feedlot operation or the owner of the animal
truck wash facility as required by the department in accordance
with section 459A.201.
7. A nutrient management plan shall include all of the
following:
a. Restrictions on the application of open feedlot effluent
or animal truck wash effluent based on all of the following:
(1) Calculations necessary to determine the land area
required for the application of open feedlot the effluent from
an open feedlot operation based on nitrogen use levels in order
to obtain optimum crop yields according to a crop schedule
specified in the nutrient management plan, and according to
requirements adopted by the department.
(2) A phosphorus index established pursuant to section
459.312.
b. Information relating to the application of the open
feedlot effluent, including all of the following:
(1) Nutrient levels concentrations of the open feedlot
effluent.
(2) Application methods, the timing of the application, and
the location of the land where the application occurs.
c. If the application is on land other than land owned or
rented for crop production by the owner of the open feedlot
operation, the plan shall include a copy of each written
agreement executed by the owner of the open feedlot operation
and the landowner or the person renting the land for crop
production where the open feedlot effluent may be applied.
d. An estimate of the open feedlot effluent volume or weight
produced by the open feedlot operation or animal truck wash
facility.
e. Information which shows all of the following:
(1) There is adequate storage for open feedlot effluent
or animal truck wash effluent, including procedures to ensure
proper operation and maintenance of the storage structures an
open feedlot operation structure or animal truck wash effluent
structure.
(2) The For an animal feeding operation, all of the
following:
(a) The proper management of animal mortalities to ensure
that animals are not disposed of in an open feedlot operation
structure or a treatment system that is not specifically
designed to treat animal mortalities.
(b) Animals kept in the open feedlot operation do not have
direct contact with any waters of the United States.
(3) (a) Surface drainage prior to contact with an open
feedlot structure is diverted, as appropriate, from the open
feedlot operation.
(b) Surface drainage prior to contact with an animal truck
wash facility is diverted, as appropriate, from the animal
truck wash facility.
(4) Animals kept in the open feedlot operation do not have
direct contact with any waters of the United States.
(5) Chemicals or other contaminants handled on=site are
not disposed of in an open feedlot operation structure, an
animal truck wash facility, or a treatment system that is not
specifically designed to treat such chemicals or contaminants.
9. The owner of an open feedlot operation or animal truck
wash facility who is required to develop and implement a
nutrient management plan shall maintain a current nutrient
management plan and maintain records sufficient to demonstrate
compliance with the nutrient management plan.
Sec. 31. Section 459A.301, Code 2015, is amended to read as
follows:
459A.301 Settled open feedlot effluent basins and animal
truck wash effluent structures ==== construction design standards
==== rules.
If the department requires that a settled open feedlot
effluent basin or animal truck wash effluent structure be
constructed according to construction design standards,
regardless of whether the department requires the owner to
be issued a construction permit under section 459A.205, any
construction design standards for the basin or structure
shall be established by rules as provided in chapter 17A that
exclusively account for special design characteristics of open
feedlot operations and related basins or animal truck wash
facilities and related structures, including but not limited
to the dilute composition of settled open feedlot effluent as
collected and stored in the basins or structures.
Sec. 32. Section 459A.302, unnumbered paragraph 1, Code
2015, is amended to read as follows:
A settled open feedlot effluent basin or an animal truck
wash effluent structure required to be constructed pursuant to
a construction permit issued pursuant to section 459A.205 shall
meet all of the following requirements:
Sec. 33. Section 459A.302, subsection 1, paragraph a,
unnumbered paragraph 1, Code 2015, is amended to read as
follows:
Prior to constructing a settled open feedlot effluent basin
or an animal truck wash effluent structure, the site for the
basin shall be investigated for a drainage tile line by the
owner of the open feedlot operation or animal truck wash
facility. The investigation shall be made by digging a core
trench to a depth of at least six feet deep from ground level
at the projected center of the berm of the basin or structure.
If a drainage tile line is discovered, one of the following
solutions shall be implemented:
Sec. 34. Section 459A.302, subsections 2, 3, 4, and 5, Code
2015, are amended to read as follows:
2. a. The settled open feedlot effluent basin or an animal
truck wash effluent structure shall be constructed with a
minimum separation of two feet between the top of the liner of
the basin or structure and the seasonal high=water table.
b. If a drainage tile line around the perimeter of
the settled open feedlot effluent basin or animal truck
wash effluent structure is installed a minimum of two feet
below the top of the basin basin's or structure's liner to
artificially lower the seasonal high=water table, the top of
the basin's liner may be a maximum of four feet below the
seasonal high=water table. The seasonal high=water table may
be artificially lowered by gravity flow tile lines or other
similar system. However, the following shall apply:
(1) Except as provided in subparagraph (2), an open feedlot
operation or animal truck wash facility shall not use a
nongravity mechanical system that uses pumping equipment.
(2) If the open feedlot operation was constructed before
July 1, 2005, the operation may continue to use its existing
nongravity mechanical system that uses pumping equipment or
it may construct a new nongravity mechanical system that uses
pumping equipment. However, an open feedlot operation that
expands the area of its open feedlot on or after April 1, 2011,
shall not use a nongravity mechanical system that uses pumping
equipment.
3. Drainage tile lines may be installed to artificially
lower the seasonal high=water table at a settled open feedlot
effluent basin or animal truck wash effluent structure, if all
of the following conditions are satisfied:
a. A device to allow monitoring of the water in the drainage
tile lines and a device to allow shutoff of the flow in the
drainage tile lines are installed, if the drainage tile
lines do not have a surface outlet accessible on the property
where the settled open feedlot effluent basin or structure is
located.
b. Drainage tile lines are installed horizontally at least
twenty=five feet away from the settled open feedlot effluent
basin or structure. Drainage tile lines shall be placed in a
vertical trench and encased in granular material which extends
upward to the level of the seasonal high=water table.
4. A settled open feedlot effluent basin or animal truck
wash effluent structure shall be constructed with at least four
feet between the bottom of the basin or structure and a bedrock
formation.
5. A settled open feedlot effluent basin or animal truck
wash effluent structure constructed on a floodplain or within
a floodway of a river or stream shall comply with rules of
adopted by the department commission.
Sec. 35. Section 459A.302, subsection 6, unnumbered
paragraph 1, Code 2015, is amended to read as follows:
The liner of a settled open feedlot effluent basin or animal
truck wash effluent structure shall comply with all of the
following:
Sec. 36. Section 459A.302, subsection 7, Code 2015, is
amended to read as follows:
7. The owner of an open feedlot operation using a settled
open feedlot effluent basin or animal truck wash facility
using an animal truck wash effluent structure shall inspect
the berms of the basin or structure at least semiannually for
evidence of erosion. If the inspection reveals erosion which
may impact the basin's or structure's structural stability or
the integrity of the basin's or structure's liner, the owner
shall repair the berms.
Sec. 37. Section 459A.303, subsection 2, Code 2015, is
amended to read as follows:
2. The department commission shall adopt rules establishing
requirements for the construction and operation of alternative
technology systems.
Sec. 38. Section 459A.401, subsection 2, Code 2015, is
amended by striking the subsection and inserting in lieu
thereof the following:
2. Notwithstanding subsection 1, an open feedlot operation
that is a concentrated animal feeding operation shall comply
with applicable NPDES permit requirements as provided in the
federal Water Pollution Control Act, pursuant to rules that
shall be adopted by the commission. Any rules adopted pursuant
to this subsection shall be no more stringent than requirements
under the federal Act.
Sec. 39. Section 459A.401, Code 2015, is amended by adding
the following new subsection:
NEW SUBSECTION. 2A. If the open feedlot operation is
designed, constructed, and operated in accordance with the
requirements of an open feedlot effluent control system as
provided in rules adopted by the commission, the operation
shall be deemed to be in compliance with this section, unless a
discharge from the operation causes a violation of state water
quality standards as provided in chapter 455B, division III.
Sec. 40. Section 459A.401, subsection 3, paragraph a, Code
2015, is amended to read as follows:
a. (1) The open feedlot operation shall not discharge
open feedlot effluent from an open feedlot operation structure
into any waters of the United States, unless the discharge is
pursuant to an operating a NPDES permit.
(2) The open feedlot operation shall not be required to be
issued an operating a NPDES permit if the operation does not
discharge open feedlot effluent into any waters of the United
States.
Sec. 41. NEW SECTION. 459A.404 Animal truck wash facility
==== construction regulations.
1. a. An animal truck wash effluent structure shall
not be constructed, including expanded, within one thousand
two hundred fifty feet from a residence not owned by the
titleholder of the animal truck wash facility, a commercial
enterprise, a bona fide religious institution, an educational
institution, or a public use area, as those terms are defined
in section 459.102, and as provided in rules adopted by the
commission pursuant to section 459.103, and as provided in
rules adopted by the commission pursuant to section 459A.104.
b. An animal truck wash effluent structure shall not be
constructed or expanded within one hundred feet from a public
thoroughfare as defined in section 459.102.
c. Paragraph "a" does not apply if a residence, educational
institution, commercial enterprise, or bona fide religious
institution was constructed or expanded, or if the boundaries
of the public use area were expanded, after the date that the
animal truck wash facility was established. The date the
animal truck wash facility was established is the date on which
the animal truck wash facility commenced operating. A change
in ownership or expansion of the animal truck wash facility
shall not change the established date of operation.
d. Paragraph "a" or "b" does not apply if the titleholder of
the land benefiting from the separation distance requirement,
including a person so authorized by the titleholder, executes
a written waiver with the titleholder of the land where
the animal truck wash effluent structure is located. The
structure shall be constructed or expanded under such terms
and conditions that the parties negotiate. The state or
a political subdivision constructing or maintaining the
public thoroughfare benefiting from the separation distance
requirement may execute a written waiver with the titleholder
of the land where the structure is located. The animal truck
wash effluent structure shall be constructed or expanded under
such terms and conditions that the parties negotiate.
e. An unformed animal truck wash effluent structure shall
not be constructed or expanded within the following minimum
separation distances from any of the following:
(1) One thousand feet from a public shallow well.
(2) Four hundred feet from a public deep well.
(3) Four hundred feet from a private well.
2. a. Any separation distance required for a confinement
feeding operation structure and a location or object specified
in section 459.310, subsection 1, shall also apply to an animal
truck wash effluent structure and that same location or object.
b. Any requirement, qualification, or exception that applies
to a separation distance required for a confinement feeding
operation structure and a location or object specified in
section 459.310, subsections 1 and 3, shall also apply to the
separation distance required for an animal truck wash effluent
structure and that same location or object. A separation
distance requirement shall not apply to any of the following:
(1) An animal truck wash effluent structure and a farm pond
or privately owned lake, as defined in section 462A.2.
(2) An animal truck wash effluent structure constructed
with a secondary containment barrier in accordance with rules
adopted by the commission. The rules shall correspond to rules
adopted pursuant to section 459.310, subsection 3.
3. a. An animal truck wash effluent structure shall not
be constructed, including expanded, on land that is part of
a one hundred year floodplain as designated by rules adopted
by the commission pursuant to section 459A.104. The rules
shall correspond to rules adopted pursuant to section 459.310,
subsections 2 and 4.
b. For purposes of section 459.310, subsection 4, the
provisions relating to an unformed manure storage structure
shall apply to an unformed animal truck wash effluent structure
and the provisions relating to a formed manure storage
structure shall apply to a formed animal truck wash effluent
structure.
c. Notwithstanding section 459.310, subsection 4, a
requirement relating to animal weight capacity or animal unit
capacity shall not apply. In addition, the capacity of a
replacement animal truck wash effluent structure shall not
exceed the amount required to store animal truck wash effluent
for any eighteen=month period.
4. A person shall not construct or expand an unformed animal
truck wash effluent structure within an agricultural drainage
well area as provided in section 460.205.
5. A person shall not construct an unformed animal truck
wash effluent structure on karst terrain or on an area
that drains into a known sinkhole. However, a person may
construct an animal truck wash effluent structure if there is
a twenty=five foot vertical separation distance between the
bottom of the structure and underlying limestone, dolomite,
or other soluble rock as documented in the engineering report
submitted to the department pursuant to section 459A.205.
Sec. 42. Section 459A.410, Code 2015, is amended to read as
follows:
459A.410 Effluent application requirements.
1. Open feedlot effluent or animal truck wash effluent
shall be applied in a manner which does not cause surface water
or groundwater pollution. Application in accordance with
the provisions of state law, including this chapter, rules
adopted pursuant to the provisions of state law, including this
chapter, and guidelines adopted pursuant to this chapter, shall
be deemed as compliance with this section.
2. A separation distance in section 459.314 that applies
to the land application of liquid manure from a confinement
feeding operation shall also apply to animal truck wash
effluent from an animal truck wash effluent structure in
accordance with rules adopted by the commission.
3. A person shall not apply animal truck wash effluent on
land located within seven hundred fifty feet from a residence
not owned by the titleholder of the land in accordance with
rules adopted by the commission. This separation distance does
not apply to the following:
a. The animal truck wash effluent is injected into the soil
or incorporated within the soil not later than twenty=four
hours from the original application, as provided by rules
adopted by the commission.
b. The titleholder of the land benefiting from the
separation distance requirement executes a written waiver
with the titleholder of the land where the animal truck wash
effluent is applied.
c. The animal truck wash effluent is from a small animal
truck wash facility or an animal truck wash facility that is
part of a small animal feeding operation.
Sec. 43. Section 459A.411, Code 2015, is amended to read as
follows:
459A.411 Discontinuance of operations.
The owner of an open feedlot operation or animal truck wash
facility who discontinues the use of the its operation shall
remove all open feedlot effluent from related open feedlot
operation structures or animal truck wash effluent structures
used to store open feedlot effluent, as soon as practical but
not later than six months following the date the operations of
the open feedlot operation or animal truck wash facility is
discontinued.
KRAIG PAULSEN
Speaker of the House
PAM JOCHUM
President of the Senate
I hereby certify that this bill originated in the House and
is known as House File 583, Eighty=sixth General Assembly.
CARMINE BOAL
Chief Clerk of the House
Approved , 2015
TERRY E. BRANSTAD
Governor
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