Senate File 256 - Introduced SENATE FILE BY BOLKCOM A BILL FOR 1 An Act providing for the application of manure originating 2 from an animal feeding operation, and making penalties 3 applicable. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1710XS (4) 86 da/rj 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 == authorized and 1 14 prohibited == exceptions. 1 15 1. A person may apply manure originating from an animal 1 16 feeding operation on frozen ground, saturated ground, or snow 1 17 covered ground, except to the extent otherwise provided by 1 18 applicable requirements in this section, this chapter, or the 1 19 national pollutant discharge elimination system pursuant to 1 20 the federal Water Pollution Control Act, 33 U.S.C. ch. 26, as 1 21 amended, and 40 C.F.R. pts. 122 and 412. 1 22 2. A person shall not apply liquid manure, originating 1 23 from a manure storage structure that is part of a confinement 1 24 feeding operation, on land that is any of the following: 1 25 a. Frozen ground, saturated ground, or snow=covered ground. 1 26 b. Located in a five=digit zip code area that is subject to 1 27 a rainfall event as forecast by the national weather service, 1 28 immediately prior to the beginning of the rainfall event, 1 29 predicting a fifty percent or greater probability that the area 1 30 will receive more than one quarter inch of rain during the 1 31 rainfall event's first twenty=four hours. In that case, the 1 32 person shall not apply the liquid manure for twenty=four hours 1 33 from the beginning of the rainfall event. 1 34 3. Subsection 2 does not apply to the application of liquid 1 35 manure that is any of the following: 2 1 a. Originates from a manure storage structure that is part 2 2 of a small animal feeding operation. 2 3 b. Is injected into the soil or incorporated within the soil 2 4 on the same date as the manure is first applied. 2 5 EXPLANATION 2 6 The inclusion of this explanation does not constitute agreement with 2 7 the explanation's substance by the members of the general assembly. 2 8 BILL. This bill allows a person to apply manure originating 2 9 from an animal feeding operation, unless it is liquid manure 2 10 originating from a confinement feeding operation. In that 2 11 case, the bill prohibits the application of such liquid manure 2 12 on saturated ground as well as on frozen or snow=covered 2 13 ground regardless of the season. The prohibition also applies 2 14 and requires a 24=hour delay if the national weather service 2 15 forecasts rain. The prohibitions do not apply: (1) if the 2 16 manure originates from a small animal feeding operation or (2) 2 17 the manure is injected or incorporated. 2 18 CURRENT LAW. Generally, a person may apply manure 2 19 originating from an animal feeding operation on snow=covered 2 20 or frozen ground, except during a period beginning in winter 2 21 and ending in early spring. However, an exception allows such 2 22 application if there is an emergency, the manure originates 2 23 from a small animal feeding operation, or if the manure is 2 24 injected or incorporated. The prohibition is enforced by the 2 25 department of natural resources. 2 26 TERMS. An "animal feeding operation" is a place where 2 27 animals (cattle, swine, horses, sheep, chickens, turkeys, 2 28 or fish) are confined for 45 or more days in a 12=month 2 29 period. A "confinement feeding operation" is an animal feeding 2 30 operation in which animals are confined in roofed areas (e.g., 2 31 buildings). A small animal feeding operation uses a formed 2 32 manure storage that has less than a 500 animal unit capacity 2 33 (e.g., 1,250 head of hogs weighing more than 55 pounds). 2 34 Injection is the process of applying manure beneath the soil 2 35 surface and incorporation is a process that mixes manure into 3 1 the soil. 3 2 APPLICABLE PENALTIES. A person who applies liquid manure 3 3 in violation of the prohibition would be subject to a civil 3 4 penalty, that may be administratively assessed by the 3 5 department, in an amount of not more than $10,000 (Code section 3 6 455B.109), or judicially assessed for an amount not more than 3 7 $5,000 per each day of the violation (Code section 455B.191). 3 8 Collected moneys would be deposited into the watershed 3 9 improvement fund (Code sections 459.603 and 466A.2). LSB 1710XS (4) 86 da/rj