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Senate
File
2265
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Introduced
SENATE
FILE
2265
BY
STAED
and
QUIRMBACH
A
BILL
FOR
An
Act
relating
to
water
quality
standards,
including
by
1
providing
for
the
regulation
of
animal
feeding
operations,
2
providing
penalties,
and
making
penalties
applicable.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
Section
455B.173,
subsection
2,
Code
2026,
is
1
amended
to
read
as
follows:
2
2.
Establish,
modify,
or
repeal
water
quality
standards,
3
pretreatment
standards,
and
effluent
standards
in
accordance
4
with
the
provisions
of
this
chapter
.
5
a.
The
effluent
standards
may
provide
for
maintaining
the
6
existing
quality
of
the
water
of
the
state
that
is
a
navigable
7
water
of
the
United
States
under
the
federal
Water
Pollution
8
Control
Act
where
the
quality
thereof
exceeds
the
requirements
9
of
the
water
quality
standards.
10
b.
If
the
federal
environmental
protection
agency
has
11
promulgated
an
effluent
standard
or
pretreatment
standard
12
pursuant
to
section
301
,
306
,
or
307
of
the
federal
Water
13
Pollution
Control
Act
,
a
pretreatment
or
effluent
standard
14
adopted
pursuant
to
this
section
shall
not
be
more
stringent
15
than
the
federal
effluent
or
pretreatment
standard
for
such
16
source.
This
section
may
does
not
preclude
the
establishment
17
of
a
more
restrictive
effluent
limitation
in
the
permit
18
for
a
particular
point
source
than
the
federal
effluent
or
19
pretreatment
standard
for
such
source
if
the
more
restrictive
20
effluent
limitation
is
necessary
to
meet
water
quality
21
standards,
or
the
establishment
of
an
effluent
standard
for
a
22
source
or
class
of
sources
for
which
the
federal
environmental
23
protection
agency
has
not
promulgated
standards
pursuant
to
24
section
301,
306,
or
307
of
the
federal
Water
Pollution
Control
25
Act.
26
c.
Except
as
required
by
federal
law
or
regulation,
the
27
commission
shall
not
adopt
an
effluent
standard
more
stringent
28
with
respect
to
any
pollutant
than
is
necessary
to
reduce
the
29
concentration
of
that
pollutant
in
the
effluent
to
the
level
30
due
to
natural
causes,
including
the
mineral
and
chemical
31
characteristics
of
the
land,
existing
in
the
water
of
the
state
32
to
which
the
effluent
is
discharged.
33
d.
Notwithstanding
any
other
provision
of
this
part
1
of
34
subchapter
III
or
chapter
459,
subchapter
III
,
any
new
source,
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the
construction
of
which
was
commenced
after
October
18,
1
1972,
and
which
was
constructed
as
to
meet
all
applicable
2
standards
of
performance
for
the
new
source
or
any
more
3
stringent
effluent
limitation
required
to
meet
water
quality
4
standards,
shall
not
be
subject
to
any
more
stringent
effluent
5
limitations
during
a
ten-year
period
beginning
on
the
date
of
6
completion
of
construction
or
during
the
period
of
depreciation
7
or
amortization
of
the
pollution
control
equipment
for
the
8
facility
for
the
purposes
of
section
167
or
169
or
both
9
sections
of
the
Internal
Revenue
Code,
whichever
period
ends
10
first.
11
c.
e.
Rules
adopted
to
implement
this
subsection
are
not
12
subject
to
section
17A.7,
subsection
2
or
3
.
13
Sec.
2.
Section
459.102,
subsection
5,
Code
2026,
is
amended
14
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
15
following:
16
5.
“Animal
feeding
operation”
means
a
lot
or
facility
where
17
all
of
the
following
conditions
are
met:
18
a.
Animals
have
been,
are,
or
will
be
stabled
or
confined
19
and
fed
or
maintained
for
a
total
of
forty-five
days
or
more
in
20
any
twelve-month
period.
21
b.
Crops,
vegetation,
forage
growth,
or
post-harvest
22
residues
are
not
sustained
in
the
normal
growing
season
over
23
any
portion
of
the
lot
or
facility.
24
Sec.
3.
Section
459.102,
Code
2026,
is
amended
by
adding
the
25
following
new
subsections:
26
NEW
SUBSECTION
.
14A.
“Concentrated
animal
feeding
operation”
27
means
the
same
as
defined
in
40
C.F.R.
§122.23.
28
NEW
SUBSECTION
.
28A.
“Effluent”
means
a
water-carried
29
pollutant
discharged
from
a
concentrated
animal
feeding
30
operation,
including
but
not
limited
to
manure,
bedding,
31
compost,
litter,
feed
losses,
other
materials
commingled
with
32
manure,
open
feedlot
effluent
or
animal
truck
wash
effluent
33
as
those
terms
are
defined
in
section
459A.102,
and
process
34
wastewater.
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NEW
SUBSECTION
.
30A.
“Federal
Water
Pollution
Control
Act”
1
means
the
federal
Water
Pollution
Control
Act
of
1972,
33
2
U.S.C.
ch.
26,
as
amended,
and
40
C.F.R.
pts.
122
and
412.
3
NEW
SUBSECTION
.
35A.
“Large
concentrated
animal
feeding
4
operation”
means
the
same
as
defined
in
40
C.F.R.
§122.23.
5
NEW
SUBSECTION
.
41A.
“Medium
animal
feeding
operation”
6
means
the
same
as
“medium
concentrated
animal
feeding
operation”
7
as
defined
in
40
C.F.R.
§122.23.
8
NEW
SUBSECTION
.
41B.
“NPDES
permit”
means
a
permit
issued
9
by
the
department
in
administering
the
NPDES
permit
program.
10
NEW
SUBSECTION
.
41C.
“NPDES
permit
program”
means
the
11
national
pollutant
discharge
elimination
system
(NPDES)
permit
12
program
pursuant
to
the
federal
Water
Pollution
Control
Act.
13
NEW
SUBSECTION
.
52A.
“Small
concentrated
animal
feeding
14
operation”
means
the
same
as
defined
in
40
C.F.R.
§122.23.
15
Sec.
4.
Section
459.103,
Code
2026,
is
amended
to
read
as
16
follows:
17
459.103
General
authority
——
commission
and
department.
18
1.
The
commission
shall
establish
by
rule
adopted
pursuant
19
to
chapter
17A
,
requirements
relating
to
the
construction,
20
including
expansion,
or
operation
of
animal
feeding
operations,
21
including
related
animal
feeding
operation
structures.
The
22
requirements
shall
include
but
are
not
limited
to
minimum
23
manure
control,
the
issuance
of
construction
permits,
and
24
departmental
investigations,
inspections,
and
testing.
The
25
commission
shall
establish
by
rule
adopted
pursuant
to
chapter
26
17A
requirements
relating
to
the
storage,
treatment,
and
27
application
of
manure
and
other
effluent
originating
from
28
animal
feeding
operations.
29
2.
Any
provision
referring
generally
to
compliance
with
30
the
requirements
of
this
chapter
as
applied
to
animal
feeding
31
operations
also
includes
compliance
with
requirements
in
32
rules
adopted
by
the
commission
pursuant
to
this
section
,
33
orders
issued
by
the
department
as
authorized
under
this
34
chapter
,
and
the
terms
and
conditions
applicable
to
licenses,
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certifications,
permits,
or
manure
management
plans
required
1
under
subchapter
III
.
However,
for
purposes
of
approving
2
or
disapproving
an
application
for
a
construction
permit
as
3
provided
in
section
459.304
,
conditions
for
the
approval
of
an
4
application
based
on
results
produced
by
a
master
matrix
are
5
not
requirements
of
this
chapter
until
the
department
approves
6
or
disapproves
an
application
based
on
those
results.
7
3.
Rules
adopted
to
implement
this
chapter
are
not
subject
8
to
section
17A.7,
subsection
2
or
3
.
9
Sec.
5.
Section
459.301,
Code
2026,
is
amended
by
adding
the
10
following
new
subsection:
11
NEW
SUBSECTION
.
4A.
For
purposes
of
determining
compliance
12
with
the
rules
adopted
by
the
commission
to
implement
and
13
administer
the
NPDES
permit
program,
the
department
shall
count
14
all
animals
according
to
type
as
used
to
determine
whether
15
an
animal
feeding
operation
is
a
small
concentrated
animal
16
feeding
operation,
medium
animal
feeding
operation,
or
large
17
concentrated
animal
feeding
operation.
18
Sec.
6.
NEW
SECTION
.
459.301A
Federal
law
——
NPDES
permit
19
program.
20
1.
This
subchapter
establishes
minimum
requirements
for
21
managing
animal
feeding
operations
to
protect
water
quality.
22
The
commission
shall
establish
by
rule
adopted
pursuant
to
23
chapter
17A
requirements
relating
to
the
implementation
and
24
administration
of
the
NPDES
permit
program,
including
the
25
issuance
of
NPDES
permits
in
accordance
with
the
requirements
26
of
this
subchapter
and
the
federal
Water
Pollution
Control
Act.
27
2.
a.
The
commission
shall
establish
permitting
28
requirements
under
the
NPDES
permit
program
by
rule
adopted
29
pursuant
to
chapter
17A
governing
an
animal
feeding
operation
30
that
is
a
medium
animal
feeding
operation
or
large
concentrated
31
animal
feeding
operation.
32
b.
At
a
minimum,
the
rules
shall
require
that
a
medium
33
animal
feeding
operation
and
large
concentrated
animal
feeding
34
operation
are
issued
an
NPDES
permit.
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3.
a.
NPDES
permit
conditions
adopted
by
commission
rule
1
applying
to
a
medium
animal
feeding
operation
under
this
2
section
may
exceed
any
applicable
federal
standard
applying
3
to
that
medium
animal
feeding
operation,
including
under
the
4
federal
Water
Pollution
Control
Act.
5
b.
NPDES
permit
conditions
adopted
by
commission
rule
6
applying
to
a
large
concentrated
animal
feeding
operation
7
under
this
section
may
exceed
any
applicable
federal
standard
8
applying
to
that
large
concentrated
animal
feeding
operation,
9
including
under
the
federal
Water
Pollution
Control
Act.
10
4.
NPDES
permit
conditions
adopted
by
commission
rule
11
applying
to
a
medium
animal
feeding
operation
or
a
large
12
concentrated
animal
feeding
operation
must
require
that
the
13
owner
or
operator
of
such
concentrated
animal
feeding
operation
14
do
all
of
the
following:
15
a.
Conduct
representative
effluent
monitoring,
including
16
monitoring
for
pollutants
originating
from
the
concentrated
17
animal
feeding
operation
that
are
discharged
to
navigable
18
waters
through
groundwater.
19
b.
Report
data
collected
from
monitoring
for
pollutants
20
described
in
paragraph
“a”
to
the
department
each
ninety
days.
21
The
department
shall
publish
the
data
on
its
internet
site.
22
Sec.
7.
Section
459.311,
Code
2026,
is
amended
to
read
as
23
follows:
24
459.311
Minimum
requirements
for
manure
control.
25
1.
a.
A
confinement
feeding
operation
shall
retain
all
26
manure
produced
by
the
operation
between
periods
of
manure
27
disposal.
28
b.
For
purposes
of
this
section
,
dry
manure
may
be
retained
29
by
stockpiling
as
provided
in
this
subchapter
.
The
stockpiled
30
manure
shall
be
deemed
part
of
the
confinement
feeding
31
operation
where
the
manure
originated.
32
c.
A
confinement
feeding
operation
shall
not
discharge
33
manure
directly
into
water
of
the
state
or
into
a
tile
line
34
that
discharges
directly
into
water
of
the
state.
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2.
Notwithstanding
subsection
1
,
a
A
confinement
feeding
1
operation
that
is
a
concentrated
animal
feeding
operation
as
2
defined
in
40
C.F.R.
§122.23(b)
shall
comply
with
applicable
3
rules
adopted
by
the
commission
to
implement
and
administer
the
4
national
pollutant
discharge
elimination
system
permit
program
5
requirements
as
provided
in
the
federal
Water
Pollution
Control
6
Act
,
33
U.S.C.
ch.
26,
as
amended
,
and
40
C.F.R.
pts.
122
and
7
412
,
pursuant
to
rules
that
shall
be
adopted
by
the
commission.
8
Any
rules
adopted
pursuant
to
this
subsection
shall
be
no
more
9
stringent
than
requirements
under
the
federal
Water
Pollution
10
Control
Act
,
33
U.S.C.
ch.
26,
as
amended
,
and
40
C.F.R.
pts.
11
122
and
412
section
459.301A
.
The
commission
shall
adopt
12
separate
requirements
for
confinement
feeding
operations,
13
open
feedlot
operations,
and
animal
truck
wash
facilities
as
14
provided
in
chapter
459A.
15
3.
Manure
from
an
animal
feeding
operation
shall
be
16
disposed
of
in
a
manner
which
will
that
does
not
cause
surface
17
water
or
groundwater
pollution.
Disposal
in
accordance
with
18
the
provisions
of
state
law,
including
this
chapter
,
rules
19
adopted
pursuant
to
the
provisions
of
state
law,
including
20
this
chapter
,
guidelines
adopted
pursuant
to
this
chapter
,
21
and
section
459.314
,
shall
be
deemed
as
compliance
with
this
22
requirement.
23
4.
The
department
may
require
that
the
owner
of
a
24
confinement
feeding
operation
shall
install
and
operate
a
water
25
pollution
monitoring
system
as
part
of
an
unformed
manure
26
storage
structure
the
confinement
feeding
operation
.
27
a.
The
monitoring
system
shall
record
data
regarding
the
28
type
and
quantity
of
effluent
originating
from
a
confinement
29
feeding
operation
that
is
discharged
to
the
groundwater
or
a
30
surface
water
source.
31
b.
The
owner
or
operator
of
the
confinement
feeding
32
operation
shall
report
the
data
to
the
department
each
ninety
33
days.
The
department
shall
publish
the
data
on
its
internet
34
site.
The
department
shall
submit
a
monitoring
report
to
the
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United
States
environmental
protection
agency
at
least
each
1
twelve
months
that
includes
the
data
and
a
summary
of
the
2
department’s
monitoring
progress.
3
5.
The
owner
of
the
confinement
feeding
operation
which
4
that
discontinues
the
use
of
the
operation
shall
remove
all
5
manure
from
related
confinement
feeding
operation
structures
6
used
to
store
manure,
by
a
date
specified
in
an
order
issued
to
7
the
operation
by
the
department,
or
six
months
following
the
8
date
that
the
confinement
feeding
operation
is
discontinued,
9
whichever
is
earlier.
10
Sec.
8.
Section
459A.102,
subsections
11
and
24,
Code
2026,
11
are
amended
to
read
as
follows:
12
11.
“Concentrated
animal
feeding
operation”
means
the
same
as
13
defined
in
40
C.F.R.
§122.23
section
459.102
.
14
24.
“NPDES
permit”
means
a
permit
issued
by
the
department
15
under
the
national
pollutant
discharge
elimination
system
16
pursuant
to
the
federal
Water
Pollution
Control
Act
of
1972
,
33
17
U.S.C.
ch.
26,
as
amended
,
and
40
C.F.R.
pts.
122
and
412
the
18
same
as
defined
in
section
459.102
.
19
Sec.
9.
Section
459A.401,
subsection
2,
Code
2026,
is
20
amended
to
read
as
follows:
21
2.
Notwithstanding
subsection
1
,
an
open
feedlot
22
operation
that
is
a
medium
animal
feeding
operation
or
a
23
large
concentrated
animal
feeding
operation
shall
comply
with
24
applicable
rules
adopted
by
the
commission
implementing
and
25
administering
the
NPDES
permit
requirements
program
for
those
26
types
of
concentrated
animal
feeding
operations
as
provided
in
27
the
federal
Water
Pollution
Control
Act
,
pursuant
to
rules
that
28
shall
be
adopted
by
the
commission
section
459.301A
.
Any
rules
29
adopted
pursuant
to
this
subsection
shall
be
no
more
stringent
30
than
requirements
under
the
federal
Act.
31
Sec.
10.
Section
459A.502,
Code
2026,
is
amended
to
read
as
32
follows:
33
459A.502
Violations
——
civil
penalty.
34
1.
a.
A
Except
as
provided
in
paragraph
“b”
,
a
person
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who
violates
this
chapter
shall
be
subject
to
a
civil
penalty
1
which
shall
be
established,
assessed,
and
collected
in
the
same
2
manner
as
provided
in
section
455B.191
.
3
b.
A
person
who
violates
a
provision
regulating
an
open
4
feedlot
operation
is
subject
to
a
civil
penalty
which
shall
5
be
established,
assessed,
and
collected
in
the
same
manner
as
6
provided
in
section
455B.109
or
455B.191.
7
2.
Any
collected
civil
penalty
and
interest
on
a
civil
8
penalty
collected
under
this
section
shall
be
credited
to
the
9
Iowa
nutrient
research
fund
created
in
section
466B.46
.
10
3.
A
person
shall
not
be
subject
to
a
penalty
under
this
11
section
and
a
penalty
under
section
459.603
for
the
same
12
violation.
13
EXPLANATION
14
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
15
the
explanation’s
substance
by
the
members
of
the
general
assembly.
16
BACKGROUND
——
STATE
LAW.
This
bill
amends
provisions
17
regulating
animal
feeding
operations
(AFOs)
in
which
18
agricultural
animals
are
confined
and
fed
and
maintained
19
for
45
days
or
more
in
any
12-month
period,
and
includes
20
all
structures
used
for
the
storage
of
manure
from
animals
21
in
the
operation
and
the
discharge
of
manure
or
effluent
22
originating
from
the
AFO
(Code
chapters
459
and
459A).
The
23
regulations
are
administered
and
enforced
by
the
department
of
24
natural
resources
(DNR)
including
the
environmental
protection
25
commission
(EPC).
State
law
recognizes
several
types
of
26
AFOs,
including
confinement
feeding
operations
(CFOs)
in
27
which
animals
are
housed
(confined)
under
roof
(Code
chapter
28
459).
Special
provisions
govern
open
feedlots
where
animals
29
are
kept
in
unroofed
or
partially
roofed
structures
(Code
30
chapter
459A).
In
both
cases,
natural
vegetation
is
not
31
available
to
feed
the
animals.
In
Iowa,
a
CFO
is
subject
32
to
both
air
and
water
protection
statutes
and
rules.
Under
33
water
quality
regulations,
the
owner
or
operator
of
an
AFO
may
34
be
required
to
obtain
authorization
from
DNR
to
do
business.
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The
authorization
takes
the
form
of
a
construction
permit
for
1
a
CFO
(Code
section
459.304)
or
an
open
feedlot
operation
2
(Code
section
459A.205)
or
a
manure
management
plan
for
a
CFO
3
(Code
section
459.312)
or
nutrient
management
plan
for
an
open
4
feedlot
operation
(Code
section
459A.208).
The
EPC
may
by
5
rule
require
the
owner
or
operator
of
a
CFO
to
install
a
water
6
pollution
monitoring
system
as
part
of
an
unformed
(dirt
or
7
clay)
manure
storage
structure
(Code
section
459.311).
The
8
level
of
regulation
sometimes
depends
upon
a
formula
that
9
calculates
the
degree
to
which
the
AFO
presents
a
threat
to
10
water
quality
measured
by:
(1)
the
type
of
animals
maintained
11
and
(2)
the
number
of
animals
maintained.
For
example,
a
12
construction
permit
is
required
for
a
CFO
that
has
an
animal
13
unit
capacity
(AUC)
of
at
least
1,000
animal
units
(AUs)
(Code
14
section
459.303)
and
each
head
of
butcher
or
breeding
swine
15
weighing
more
than
55
pounds
is
assigned
a
special
equivalency
16
factor
of
0.4
animal
units
(Code
section
459.102)
(1,000
AUs
x
17
0.4
equivalency
factor
=
2,500
head
of
such
swine).
18
BACKGROUND
——
FEDERAL
LAW.
AFOs
are
also
regulated
under
19
federal
law
by
the
environmental
protection
agency
(EPA)
that
20
administers
and
enforces
the
national
pollutant
discharge
21
elimination
system
(NPDES)
program
pursuant
to
the
federal
22
Water
Pollution
Control
Act
of
1972
(33
U.S.C.
ch.
26,
as
23
amended,
and
40
C.F.R.
pts.
122
and
412).
EPA
contracts
with
24
DNR
to
administer
and
enforce
the
NPDES
program.
Under
the
25
NPDES
program,
AFOs
are
referred
to
as
concentrated
animal
26
feeding
operations
(CAFOs).
A
CAFO
is
classified
by
its
own
27
formula
that
also
factors
the
type
and
number
of
animals
kept.
28
The
regulations
apply
to
large,
medium,
and
small
CAFOs.
For
29
example,
a
small
CAFO
includes
less
than
750
head
of
swine
30
weighing
55
or
more
pounds,
a
medium
CAFO
includes
between
750
31
and
2,499
head,
and
a
large
CAFO
includes
2,500
or
more
head.
32
BACKGROUND
——
STATE
AND
FEDERAL
REGULATION.
The
purpose
33
of
both
state
and
federal
regulation
is
to
prevent
manure
or
34
effluent
from
contaminating
groundwater
and
surface
water.
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In
compliance
with
federal
law,
manure
from
a
CAFO
cannot
be
1
disposed
(discharged)
in
a
manner
that
will
cause
surface
2
water
or
groundwater
pollution
(Code
section
459.311).
A
CAFO
3
must
retain
all
manure
between
periods
of
disposal
(i.e.,
land
4
application).
An
open
feedlot
must
install
structures
that
5
filter
manure
and
effluent
runoff
(Code
section
459A.401).
6
However,
in
all
cases
involving
the
treatment
of
wastewater,
7
and
the
discharge
of
manure
and
effluent
originating
from
an
8
AFO,
rules
adopted
by
the
EPC
can
be
no
more
stringent
than
9
federal
law
(Code
sections
455B.173,
459.311,
and
459A.401).
10
BILL’S
PROVISIONS.
The
bill
rewrites
the
definition
of
an
11
animal
feeding
operation
based
on
federal
law.
It
changes
12
the
term
“medium
concentrated
animal
feeding
operation”
13
to
“medium
animal
feeding
operation”
without
changing
the
14
meaning.
The
bill
eliminates
the
provision
that
prevents
15
EPC
rules
regulating
wastewater,
or
manure
or
effluent
16
originating
from
an
AFO,
from
being
more
stringent
than
federal
17
law.
The
bill
provides
that
statutes
regulating
AFOs
are
18
minimum
requirements,
and
that
the
EPC
is
to
adopt
permitting
19
requirements
by
rule
under
the
NPDES
program,
including
for
20
those
AFOs
classified
as
medium
and
large
CAFOs
under
federal
21
law.
The
EPC
rules
may
exceed
applicable
federal
standards
22
applying
to
a
medium
or
large
CAFO.
In
addition,
the
owner
23
or
operator
of
a
medium
or
large
CAFO
must
conduct
effluent
24
monitoring
of
pollutants
discharged
to
navigable
waters
25
through
the
groundwater.
The
owner
or
operator
must
report
the
26
collected
data
to
DNR
which
must
publish
it
on
its
internet
27
site
and
submit
an
annual
report
to
the
EPA.
28
CIVIL
PENALTIES.
Compliance
with
a
statutory
regulation
29
includes
compliance
with
a
rule
adopted
by
DNR
(Code
section
30
459.103).
A
person
violating
a
water
quality
regulation
31
under
Code
chapter
459
is
subject
to
the
administrative
32
assessment
of
a
civil
penalty
by
DNR
of
not
more
than
$10,000
33
or
a
judicial
assessment
of
a
civil
penalty
of
$5,000
(Code
34
sections
455B.109,
455B.191,
and
459.603).
Currently,
a
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person
violating
a
water
quality
regulation
applying
to
an
1
open
feedlot
is
subject
to
the
judicially
assessed
civil
2
penalty
(Code
section
459A.502).
The
bill
also
provides
that
3
the
person
is
subject
to
the
administratively
assessed
civil
4
penalty.
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