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