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Senate
File
2270
-
Introduced
SENATE
FILE
2270
BY
STAED
,
QUIRMBACH
,
and
BENNETT
A
BILL
FOR
An
Act
regulating
animal
feeding
operations,
including
1
rulemaking
requirements,
and
making
penalties
applicable.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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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
and
chapters
459,
459A,
and
5
459B
.
6
a.
The
effluent
standards
may
provide
for
maintaining
the
7
existing
quality
of
the
water
of
the
state
that
is
a
navigable
8
water
of
the
United
States
under
the
federal
Water
Pollution
9
Control
Act
where
the
quality
thereof
exceeds
the
requirements
10
of
the
water
quality
standards.
11
b.
(1)
If
the
federal
environmental
protection
agency
12
has
promulgated
an
effluent
standard
or
pretreatment
standard
13
pursuant
to
section
301,
306,
or
307
of
the
federal
Water
14
Pollution
Control
Act,
a
pretreatment
or
effluent
standard
15
adopted
pursuant
to
this
section
shall
not
be
more
stringent
16
than
the
federal
effluent
or
pretreatment
standard
for
such
17
source.
This
section
may
does
not
preclude
the
establishment
18
of
a
more
restrictive
effluent
limitation
in
the
permit
for
19
a
particular
point
source
if
the
more
restrictive
effluent
20
limitation
is
necessary
to
meet
water
quality
standards,
the
21
establishment
of
an
effluent
standard
for
a
source
or
class
of
22
sources
for
which
the
federal
environmental
protection
agency
23
has
not
promulgated
standards
pursuant
to
section
301,
306,
24
or
307
of
the
federal
Water
Pollution
Control
Act.
Except
as
25
required
by
federal
law
or
regulation,
the
commission
shall
26
not
adopt
an
effluent
standard
more
stringent
with
respect
to
27
any
pollutant
than
is
necessary
to
reduce
the
concentration
28
of
that
pollutant
in
the
effluent
to
the
level
due
to
natural
29
causes,
including
the
mineral
and
chemical
characteristics
30
of
the
land,
existing
in
the
water
of
the
state
to
which
the
31
effluent
is
discharged.
Notwithstanding
any
other
provision
32
of
this
part
1
of
subchapter
III
or
chapter
459,
subchapter
33
III
,
any
new
source,
the
construction
of
which
was
commenced
34
after
October
18,
1972,
and
which
was
constructed
as
to
meet
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all
applicable
standards
of
performance
for
the
new
source
or
1
any
more
stringent
effluent
limitation
required
to
meet
water
2
quality
standards,
shall
not
be
subject
to
any
more
stringent
3
effluent
limitations
during
a
ten-year
period
beginning
on
the
4
date
of
completion
of
construction
or
during
the
period
of
5
depreciation
or
amortization
of
the
pollution
control
equipment
6
for
the
facility
for
the
purposes
of
section
167
or
169
or
both
7
sections
of
the
Internal
Revenue
Code,
whichever
period
ends
8
first.
9
(2)
Rules
adopted
to
implement
subparagraph
(1)
are
not
10
subject
to
section
17A.7,
subsection
2
or
3.
11
c.
Rules
adopted
to
implement
this
subsection
are
not
12
subject
to
section
17A.7,
subsection
2
or
3
Paragraph
“b”
13
shall
not
preclude
the
commission
from
adopting
rules
under
14
sections
459.311
and
459A.410
that
provide
more
restrictive
15
effluent
limitations
than
required
by
the
federal
environmental
16
protection
agency
pursuant
to
section
301,
306,
or
307
of
the
17
federal
Water
Pollution
Control
Act
.
18
Sec.
2.
Section
459.103,
Code
2026,
is
amended
to
read
as
19
follows:
20
459.103
General
authority
——
commission
and
department.
21
1.
The
commission
shall
establish
by
rule
adopted
pursuant
22
to
chapter
17A
,
requirements
relating
to
the
construction,
23
including
expansion,
or
operation
of
animal
feeding
operations,
24
including
related
animal
feeding
operation
structures.
The
25
requirements
shall
include
but
are
not
limited
to
minimum
26
manure
control,
the
issuance
of
permits,
and
departmental
27
investigations,
inspections,
and
testing.
The
commission
shall
28
establish
by
rule
adopted
pursuant
to
chapter
17A
requirements
29
relating
to
the
storage,
treatment,
and
application
of
manure
30
and
other
effluent
originating
from
animal
feeding
operations
31
as
necessary
to
preserve
and
enhance
water
quality
in
this
32
state.
33
2.
Any
provision
referring
generally
to
compliance
with
34
the
requirements
of
this
chapter
as
applied
to
animal
feeding
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operations
also
includes
compliance
with
requirements
in
1
rules
adopted
by
the
commission
pursuant
to
this
section
,
2
orders
issued
by
the
department
as
authorized
under
this
3
chapter
,
and
the
terms
and
conditions
applicable
to
licenses,
4
certifications,
permits,
or
manure
management
plans
required
5
under
subchapter
III
,
chapter
459A,
and
chapter
459B
.
However,
6
for
purposes
of
approving
or
disapproving
an
application
for
a
7
construction
permit
as
provided
in
section
459.304
,
conditions
8
for
the
approval
of
an
application
based
on
results
produced
9
by
a
master
matrix
are
not
requirements
of
this
chapter
until
10
the
department
approves
or
disapproves
an
application
based
on
11
those
results.
12
3.
Rules
adopted
to
implement
this
chapter
are
not
subject
13
to
section
17A.7,
subsection
2
or
3
.
14
Sec.
3.
Section
459.311,
subsection
2,
Code
2026,
is
amended
15
to
read
as
follows:
16
2.
a.
Notwithstanding
subsection
1
,
a
confinement
feeding
17
operation
that
is
a
concentrated
animal
feeding
operation
as
18
defined
in
40
C.F.R.
§122.23(b)
shall
comply
with
applicable
19
national
pollutant
discharge
elimination
system
permit
20
requirements
as
provided
in
the
federal
Water
Pollution
Control
21
Act,
33
U.S.C.
ch.
26,
as
amended,
and
40
C.F.R.
pts.
122
and
22
412,
pursuant
to
rules
that
shall
be
adopted
by
the
commission.
23
Any
rules
adopted
pursuant
to
this
subsection
shall
be
no
more
24
stringent
than
requirements
under
the
federal
Water
Pollution
25
Control
Act
,
33
U.S.C.
ch.
26,
as
amended
,
and
40
C.F.R.
pts.
26
122
and
412
.
27
b.
The
applicable
national
pollutant
discharge
elimination
28
system
permit
requirements
described
in
paragraph
“a”
are
29
minimum
standards.
The
commission
shall
adopt
rules
that
30
provide
more
restrictive
requirements
as
necessary
to
regulate
31
the
storage,
treatment,
and
application
of
manure
and
other
32
effluent
originating
from
a
confinement
feeding
operation
in
a
33
manner
that
ensures
waters
of
the
state
attain
water
quality
34
standards.
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Sec.
4.
Section
459A.104,
subsection
4,
Code
2026,
is
1
amended
by
striking
the
subsection.
2
Sec.
5.
Section
459A.401,
subsection
2,
Code
2026,
is
3
amended
to
read
as
follows:
4
2.
a.
Notwithstanding
subsection
1
,
an
open
feedlot
5
operation
that
is
a
concentrated
animal
feeding
operation
shall
6
comply
with
applicable
NPDES
permit
requirements
as
provided
in
7
the
federal
Water
Pollution
Control
Act,
pursuant
to
rules
that
8
shall
be
adopted
by
the
commission.
Any
rules
adopted
pursuant
9
to
this
subsection
shall
be
no
more
stringent
than
requirements
10
under
the
federal
Act.
11
b.
The
applicable
NPDES
permit
requirements
described
in
12
paragraph
“a”
are
minimum
standards.
The
commission
shall
adopt
13
rules
that
provide
more
restrictive
requirements
as
necessary
14
to
regulate
the
storage,
treatment,
and
application
of
manure
15
and
other
effluent
originating
from
an
open
feedlot
operation
16
in
a
manner
that
ensures
waters
of
the
state
attain
water
17
quality
standards.
18
EXPLANATION
19
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
20
the
explanation’s
substance
by
the
members
of
the
general
assembly.
21
BACKGROUND.
An
animal
feeding
operation
(AFO)
is
regulated
22
under
several
Code
chapters,
including
Code
chapter
455B,
23
subchapter
III,
governing
water
quality,
and
Code
chapter
459,
24
subchapter
III,
governing
all
AFOs,
which
includes
provisions
25
regulating
confinement
feeding
operations,
and
Code
chapter
26
459A,
which
includes
selected
provisions
regulating
open
27
feedlot
operations.
The
Code
chapters
are
administered
and
28
enforced
by
the
department
of
natural
resources
under
the
29
oversight
of
the
environmental
protection
commission
(EPC)
30
(Code
chapter
455A).
31
BACKGROUND
——
ANIMAL
FEEDING
OPERATIONS.
An
AFO
is
an
area
32
in
which
agricultural
animals
are
confined
for
45
days
or
more
33
in
any
12-month
period,
and
all
associated
structures
used
34
for
the
storage
of
manure.
A
confinement
feeding
operation
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maintains
animals
in
roofed
buildings
and
stores
liquid
manure
1
in
a
formed
or
unformed
structure
(see
Code
section
459.102).
2
An
open
feedlot
operation
is
an
unroofed
or
partially
roofed
3
facility
without
crop,
vegetation,
or
forage
growth
or
residue
4
cover
(Code
section
459A.102).
Manure
from
an
open
feedlot
5
operation
includes
solids
and
effluent
that
are
usually
not
6
stored
in
a
structure
associated
with
a
confinement
feeding
7
operation.
8
BACKGROUND
——
STATE
AND
FEDERAL
LAW.
Both
Code
chapters
459
9
and
459A
regulate
the
application
of
manure
and
other
effluent
10
originating
from
an
operation,
including
application
close
11
to
water
sources.
AFOs
are
also
regulated
under
federal
law
12
by
the
United
States
environmental
protection
agency,
which
13
administers
and
enforces
the
national
pollutant
discharge
14
elimination
system
program
(NPDES
program)
pursuant
to
the
15
federal
Water
Pollution
Control
Act
of
1972
(33
U.S.C.
ch.
26,
16
as
amended,
and
40
C.F.R.
pts.
122
and
412).
EPA
contracts
17
with
DNR
to
administer
and
enforce
the
NPDES
program.
Under
18
the
NPDES
program,
AFOs
are
referred
to
as
concentrated
animal
19
feeding
operations
(CAFOs).
The
purpose
of
both
state
and
20
federal
regulation
is
to
prevent
manure
or
effluent
from
21
contaminating
groundwater
and
surface
water.
In
compliance
22
with
federal
law,
manure
from
a
CAFO
cannot
be
disposed
of
23
or
discharged
in
a
manner
that
will
cause
surface
water
or
24
groundwater
pollution
(Code
section
459.311).
However,
in
all
25
cases
involving
the
disposal
of
manure
and
effluent
originating
26
from
an
AFO,
rules
adopted
by
the
EPC
can
be
no
more
stringent
27
than
federal
law
(Code
sections
455B.173,
459.311,
and
28
459A.401).
29
BILL’S
PROVISIONS.
This
bill
eliminates
provisions
that
30
prevent
EPC
rules
regulating
manure
or
effluent
originating
31
from
an
AFO
from
being
more
stringent
than
federal
law.
The
32
bill
provides
that
the
NPDES
program
establishes
minimum
33
requirements.
The
EPC
is
required
to
adopt
rules
that
provide
34
more
restrictive
requirements
as
necessary
to
regulate
the
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storage,
treatment,
and
application
of
manure
and
other
1
effluent
originating
from
an
AFO
in
a
manner
that
preserves
and
2
enhances
water
quality
in
the
state.
The
bill
also
eliminates
3
provisions
that
exempt
EPC
rules
regulating
AFOs
from
being
4
subject
to
the
ordinary
periodic
comprehensive
administrative
5
review
of
agency
rules
(Code
section
17A.7(2)
or
(3)).
6
APPLICABLE
PENALTIES.
A
person
who
is
in
violation
of
the
7
bill’s
provisions
is
subject
to
a
civil
penalty
under
Code
8
chapter
459
or
459A.
A
person
who
violates
Code
chapter
459,
9
subchapter
III,
is
subject
to
the
administrative
assessment
of
10
a
civil
penalty
of
up
to
$10,000
for
each
day
of
a
violation
11
(Code
section
459.603
referring
to
Code
section
455B.109)
or
12
the
judicial
assessment
of
a
civil
penalty
of
up
to
$5,000
for
13
each
day
of
a
violation
(Code
section
459.603
referring
to
Code
14
section
455B.191).
A
person
who
violates
Code
chapter
459A
is
15
subject
to
the
same
judicial
assessment
(Code
section
459A.502
16
referring
to
Code
section
455B.191).
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