A bill for an act relating to confinement feeding operations by requiring the installation and operation of pollution monitoring systems, and making penalties applicable.

Senate

File

2261

-

Introduced

SENATE

FILE

2261

BY

STAED

,

QUIRMBACH

,

BENNETT

,

DONAHUE

,

and

PETERSEN

A

BILL

FOR

An

Act

relating

to

confinement

feeding

operations

by

requiring

1

the

installation

and

operation

of

pollution

monitoring

2

systems,

and

making

penalties

applicable.

3

BE

IT

ENACTED

BY

THE

GENERAL

ASSEMBLY

OF

THE

STATE

OF

IOWA:

4

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2261

Section

1.

Section

459.311,

subsection

4,

Code

2026,

is

1

amended

to

read

as

follows:

2

4.

a.

The

department

may

require

that

the

owner

of

a

3

confinement

feeding

operation

to

install

and

operate

a

water

4

pollution

monitoring

system

as

part

of

an

unformed

manure

5

storage

structure.

6

b.

The

owner

or

operator

of

a

confinement

feeding

operation,

7

other

than

a

small

animal

feeding

operation,

shall

install

and

8

operate

a

water

pollution

monitoring

system

as

part

of

the

9

confinement

feeding

operation.

The

monitoring

system

shall

10

collect

and

record

data

regarding

the

type

and

quantity

of

11

pollutant

originating

from

a

confinement

feeding

operation

that

12

is

discharged

to

the

groundwater

or

a

surface

water

source.

13

The

owner

or

operator

of

the

confinement

feeding

operation

14

shall

report

the

data

to

the

department

every

ninety

days.

The

15

department

shall

publish

the

data

on

its

internet

site,

and

16

regularly

report

such

data

to

the

United

States

environmental

17

protection

agency

office

of

enforcement

compliance

assurance,

18

which

may

be

part

of

any

compliance

information

system

19

administered

by

the

United

States

environmental

protection

20

agency.

21

EXPLANATION

22

The

inclusion

of

this

explanation

does

not

constitute

agreement

with

23

the

explanation’s

substance

by

the

members

of

the

general

assembly.

24

BACKGROUND

——

GENERAL.

Confinement

feeding

operations

are

25

regulated

by

the

department

of

natural

resources

(DNR)

under

26

the

“Animal

Agriculture

Compliance

Act”

(Code

chapter

459).

27

A

confinement

feeding

operation

is

a

type

of

animal

feeding

28

operation

in

which

agricultural

animals

are

maintained

for

at

29

least

45

days

in

any

12-month

period.

A

confinement

feeding

30

operation

is

an

animal

feeding

operation

in

which

animals

are

31

kept

in

a

structure

(building)

that

is

totally

roofed,

and

32

includes

any

associated

manure

storage

structure

(Code

section

33

459.102).

Generally,

a

confinement

feeding

operation

must

34

retain

manure

that

is

produced

at

the

location

until

the

manure

35

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2261

is

transported

and

used

according

to

water

quality

requirements

1

(e.g.,

via

application

on

farmland)

(see

Code

section

459.311).

2

Regulations

governing

confinement

feeding

operations

vary

3

based

on

the

size

of

the

operation

measured

by

its

animal

unit

4

capacity

(AUC).

AUC

refers

to

a

measurement

used

to

determine

5

the

maximum

number

of

animal

units

that

may

be

maintained

as

6

part

of

a

confinement

feeding

operation

at

any

one

time.

In

7

calculating

AUC,

a

special

equivalency

factor

is

assigned

8

for

each

classification

of

confined

agricultural

animal.

A

9

confinement

feeding

operation

with

500

or

fewer

animal

units

10

(e.g.,

1,250

finishing

swine)

are

not

subject

to

the

same

level

11

of

regulation

(e.g.,

the

owner

or

operator

is

not

required

to

12

file

a

manure

management

plan

under

Code

section

459.312).

13

BILL’S

PROVISIONS.

This

bill

amends

a

provision

(Code

14

section

459.311)

in

Code

chapter

459,

subchapter

III,

which

15

regulates

water

quality.

Under

the

bill,

the

owner

or

operator

16

of

a

confinement

feeding

operation,

other

than

a

small

animal

17

feeding

operation,

must

install

and

operate

a

water

pollution

18

monitoring

system

as

part

of

the

operation

that

measures

19

pollutants

originating

from

a

confinement

feeding

operation

20

that

are

discharged

to

the

groundwater

or

a

surface

water

21

source.

The

owner

or

operator

must

report

the

data

to

DNR

22

every

90

days.

DNR

must

publish

the

data

on

its

internet

23

site,

and

regularly

report

such

data

to

the

United

States

24

environmental

protection

agency.

25

APPLICABLE

PENALTIES.

A

person

who

violates

Code

chapter

26

459,

subchapter

III,

is

subject

to

the

administrative

27

assessment

of

a

civil

penalty

of

up

to

$10,000

for

each

day

of

28

a

violation

(Code

section

459.603

referring

to

Code

section

29

455B.109)

or

the

judicial

assessment

of

a

civil

penalty

of

up

30

to

$5,000

for

each

day

of

a

violation

(Code

section

459.603

31

referring

to

Code

section

455B.191).

32

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