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Senate
File
2305
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Introduced
SENATE
FILE
2305
BY
STAED
A
BILL
FOR
An
Act
regulating
the
application
of
manure
originating
from
an
1
animal
feeding
operation,
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
459.312,
subsection
10,
paragraph
h,
1
Code
2026,
is
amended
to
read
as
follows:
2
h.
A
description
of
land
identified
protocol
for
the
3
application
of
liquid
manure
due
to
an
emergency
circumstance
4
if
allowed
pursuant
to
section
459.313A
.
The
owner
protocol
5
must
identify
the
land
in
the
original
manure
management
plan
6
or
in
the
next
updated
manure
management
plan
required
to
7
be
submitted
to
the
department
following
the
designated
for
8
emergency
application.
9
Sec.
2.
Section
459.313,
Code
2026,
is
amended
to
read
as
10
follows:
11
459.313
Manure
application
——
rules
.
12
1.
The
department
shall
adopt
rules
governing
the
13
application
of
manure
originating
from
an
anaerobic
lagoon
or
14
aerobic
structure
which
is
part
of
a
confinement
animal
feeding
15
operation.
The
rules
shall
establish
application
rates
and
16
practices
to
minimize
groundwater
or
surface
water
pollution
17
resulting
from
application,
including
pollution
caused
by
18
runoff
or
other
manure
flow
resulting
from
precipitation
19
events.
The
rules
shall
establish
different
application
rates
20
and
practices
based
on
the
water
holding
capacity
of
the
soil
21
at
the
time
of
application.
22
2.
A
person
shall
not
apply
manure
by
spray
irrigation
23
equipment,
except
as
provided
by
rules
adopted
by
the
24
department
pursuant
to
chapter
17A
.
However,
a
person
shall
25
not
use
restricted
spray
irrigation
equipment
to
apply
manure
,
26
including
effluent,
originating
from
a
confinement
an
animal
27
feeding
operation,
unless
the
manure
has
been
diluted
as
28
provided
by
rules
adopted
by
the
department,
including
diluted
29
by
use
of
an
anaerobic
lagoon.
30
3.
A
person
shall
not
apply
manure
unless,
within
31
twenty-four
hours
after
surface
application,
the
manure
is
32
injected
or
incorporated
into
the
upper
four
inches
or
more
of
33
soil.
34
4.
A
person
shall
not
apply
manure
on
saturated
ground,
snow
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covered
ground,
or
frozen
ground
except
as
provided
in
section
1
459.313A.
2
Sec.
3.
Section
459.313A,
Code
2026,
is
amended
to
read
as
3
follows:
4
459.313A
Application
of
manure
on
land
——
saturated
ground,
5
snow
covered
ground
and
,
or
frozen
ground.
6
1.
A
person
may
apply
manure
originating
from
an
animal
7
feeding
operation
on
saturated
ground,
snow
covered
ground
,
8
or
frozen
ground
,
except
to
the
extent
otherwise
provided
by
9
applicable
requirements
in
this
section
,
this
chapter
,
or
the
10
national
pollutant
discharge
elimination
system
pursuant
to
11
the
federal
Water
Pollution
Control
Act
,
33
U.S.C.
ch.
26,
as
12
amended
,
and
40
C.F.R.
pts.
122
and
412
only
under
an
emergency
13
circumstance
.
14
1.
2.
During
the
period
beginning
December
21
and
ending
15
April
1,
the
person
may
apply
liquid
manure
originating
from
16
a
manure
storage
structure,
that
is
part
of
a
confinement
17
feeding
operation,
on
snow
covered
ground
only
when
there
is
18
an
emergency.
During
the
period
beginning
February
1
and
19
ending
April
1,
the
person
may
apply
liquid
manure
originating
20
from
a
manure
storage
structure,
that
is
part
of
a
confinement
21
feeding
operation,
on
frozen
ground
only
when
there
is
an
22
emergency.
An
emergency
circumstance
occurs
only
when
there
is
23
an
immediate
need
to
comply
with
section
459.311,
subsection
1
,
24
due
to
unforeseen
circumstances
affecting
the
storage
of
the
25
liquid
manure.
The
unforeseen
circumstances
must
be
beyond
26
the
control
of
the
owner
of
the
confinement
animal
feeding
27
operation,
including
but
not
limited
to
natural
disaster,
28
unusual
weather
conditions,
or
equipment
or
structural
failure.
29
A
person
who
is
authorized
to
apply
liquid
manure
on
saturated
30
ground,
snow
covered
ground
,
or
frozen
ground
when
there
is
an
31
emergency
shall
comply
with
all
of
the
following:
32
a.
The
person
must
contact
the
department
by
telephone
prior
33
to
the
application.
34
b.
(1)
The
For
manure
originating
from
a
confinement
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animal
feeding
operation,
the
person
must
apply
the
liquid
1
manure
on
land
identified
for
such
application
in
a
manure
2
management
plan
according
to
an
emergency
circumstance
protocol
3
submitted
by
the
owner
of
the
confinement
feeding
operation
4
to
the
department
as
part
of
the
owner’s
manure
management
5
plan
as
provided
in
section
459.312
.
The
owner
of
the
6
confinement
feeding
operation
must
identify
the
land
in
the
7
manure
management
plan
prior
to
the
application.
The
owner
8
must
identify
the
land
in
the
original
manure
management
plan
9
or
in
the
next
updated
manure
management
plan
required
to
be
10
submitted
to
the
department
following
the
application.
11
(2)
For
manure
originating
from
an
open
feedlot
operation,
12
the
person
must
apply
the
manure,
including
any
effluent,
on
13
land
according
to
an
emergency
circumstance
protocol
submitted
14
by
the
owner
of
the
open
feedlot
operation
to
the
department
15
as
part
of
the
owner’s
nutrient
management
plan
as
provided
in
16
section
459A.208.
17
c.
The
liquid
manure
must
be
applied
on
a
field
with
a
18
phosphorus
index
rating
of
two
or
less.
19
d.
Any
surface
water
drain
tile
intake
that
is
on
land
in
20
the
owner’s
manure
management
plan
and
located
down
gradient
21
of
the
application
must
be
temporarily
blocked
beginning
not
22
later
than
the
time
that
the
liquid
manure
is
first
applied
and
23
ending
not
earlier
than
two
weeks
after
the
completion
of
the
24
application.
25
2.
3.
The
authorization
to
apply
liquid
manure
in
26
subsection
1
does
not
apply
to
any
of
the
following:
27
a.
An
an
immediate
need
to
comply
with
section
459.311,
28
subsection
1
,
caused
by
the
improper
design
or
management
of
29
the
a
manure
storage
structure,
including
but
not
limited
to
a
30
failure
to
properly
account
for
the
volume
of
the
manure
to
be
31
stored.
32
b.
Liquid
manure
originating
from
a
manure
storage
structure
33
constructed
or
expanded
on
or
after
July
1,
2009,
if
the
manure
34
storage
structure
has
a
capacity
to
store
manure
for
less
than
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one
hundred
eighty
days.
1
3.
4.
Subsections
1
and
2
through
3
do
not
apply
to
any
of
2
the
following:
3
a.
The
application
of
liquid
manure
originating
from
a
small
4
animal
feeding
operation.
5
b.
The
application
of
liquid
manure
and
injection
into
the
6
soil
or
incorporation
within
the
soil
on
the
same
date.
7
Sec.
4.
Section
459A.208,
subsection
7,
Code
2026,
is
8
amended
by
adding
the
following
new
paragraph:
9
NEW
PARAGRAPH
.
f.
A
protocol
for
the
application
of
manure
10
due
to
an
emergency
circumstance
if
allowed
pursuant
to
section
11
459.313A.
The
protocol
must
identify
land
designated
for
12
emergency
application.
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.
An
animal
feeding
operation
(AFO)
is
regulated
17
by
the
department
of
natural
resources
(DNR)
under
several
Code
18
chapters,
including
Code
chapter
459
governing
all
AFOs,
which
19
includes
provisions
regulating
confinement
feeding
operations,
20
and
Code
chapter
459A,
which
includes
selected
provisions
21
regulating
open
feedlot
operations.
An
AFO
is
an
area
in
22
which
agricultural
animals
are
confined
for
45
days
or
more
23
in
any
12-month
period,
and
all
associated
structures
used
24
for
the
storage
of
manure.
A
confinement
feeding
operation
25
maintains
animals
in
roofed
buildings
and
stores
liquid
manure
26
in
a
formed
or
unformed
structure
(see
Code
section
459.102).
27
An
open
feedlot
operation
is
an
unroofed
or
partially
roofed
28
facility
without
crop,
vegetation,
or
forage
growth
or
29
residue
cover
(Code
section
459A.102).
Manure
from
an
open
30
feedlot
operation
includes
solids
that
cannot
be
stored
in
a
31
structure
(i.e.,
stockpiled).
Open
feedlot
effluent
refers
32
to
a
combination
of
manure,
precipitation-induced
runoff,
or
33
other
runoff
from
an
open
feedlot
before
its
settleable
solids
34
have
been
removed.
Both
Code
chapters
regulate
the
application
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of
manure,
often
pursuant
to
a
plan
required
to
be
filed
with
1
DNR.
In
the
case
of
a
confinement
feeding
operation,
the
plan
2
is
referred
to
as
a
manure
management
plan
(MMP)
(Code
section
3
459.313)
and
in
the
case
of
an
open
feedlot
operation,
the
4
plan
is
referred
to
as
a
nutrient
management
plan
(NMP)
(Code
5
section
459A.208).
6
BACKGROUND
——
SNOW
COVERED
GROUND
AND
FROZEN
GROUND.
7
According
to
Code
section
459.313A,
a
person
may
apply
manure
8
originating
from
an
AFO
on
snow
covered
ground
or
frozen
9
ground,
except
to
the
extent
otherwise
provided
by
applicable
10
requirements
in
the
Code
section
or
federal
law.
The
Code
11
section’s
prohibition
is
limited
to
the
application
of
liquid
12
manure
originating
from
a
manure
storage
structure
that
is
13
part
of
a
confinement
feeding
operation.
Specifically,
the
14
Code
section
prohibits
the
application
of
liquid
manure
on
15
snow
covered
ground
during
the
period
beginning
December
21
16
and
ending
April
1
and
on
frozen
ground
during
the
period
17
beginning
February
1
and
ending
April
1.
There
are
several
18
exceptions.
The
first
exception
allows
a
person
to
apply
the
19
liquid
manure
during
the
cold
weather
months
if
there
is
an
20
emergency
due
to
unforeseen
circumstances
affecting
the
storage
21
of
the
liquid
manure
that
are
beyond
the
control
of
the
owner
22
of
the
confinement
feeding
operation.
In
those
circumstances,
23
the
owner
or
a
person
authorized
to
apply
the
liquid
manure
24
must
contact
DNR,
apply
the
liquid
manure
on
land
identified
25
in
the
owner’s
MMP,
apply
the
liquid
manure
on
a
field
with
a
26
phosphorus
index
rating
of
two
or
less,
and
ensure
that
surface
27
water
drain
tile
intakes
are
blocked.
An
emergency
cannot
be
28
used
as
an
exception
due
to
the
improper
design
or
management
29
of
a
manure
storage
structure
or
if
the
manure
originates
30
from
a
manure
storage
structure
constructed
on
or
after
July
31
1,
2009,
with
a
capacity
to
store
manure
for
less
than
180
32
days.
The
second
exception
applies
to
small
animal
feeding
33
operations.
The
third
exception
applies
to
the
application
34
of
liquid
manure
that
is
injected
in
the
soil
or
incorporated
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within
the
soil
on
the
same
day.
1
BILL’S
PROVISIONS
——
APPLICATION
REQUIREMENTS
APPLIED
TO
2
AFOS.
This
bill
expressly
authorizes
DNR
to
adopt
rules
3
governing
the
application
of
manure
originating
from
all
AFOs
4
(Code
section
459.313).
A
requirement
that
restricts
the
5
use
of
certain
spray
irrigation
equipment
dispersing
manure
6
originating
from
a
confinement
feeding
operation
would
apply
to
7
manure,
including
effluent,
originating
from
an
open
feedlot
8
operation.
The
bill
provides
that
a
person
who
applies
manure,
9
including
effluent,
originating
from
an
AFO
to
the
surface
10
of
land
must
inject
or
incorporate
the
manure
into
the
soil
11
within
24
hours.
The
bill
prohibits
the
application
of
manure
12
originating
from
an
AFO
on
saturated
ground,
snow
covered
13
ground,
or
frozen
ground
regardless
of
the
calendar.
The
14
bill
retains
exceptions
for
the
application
of
manure
under
15
emergency
circumstances.
The
bill
provides
that
the
emergency
16
protocols
must
be
specified
in
an
MMP
or
NMP.
The
bill
strikes
17
a
provision
that
prohibits
a
person
from
applying
liquid
manure
18
under
emergency
circumstances
if
the
manure
originated
from
19
a
manure
storage
structure
having
a
capacity
to
store
manure
20
for
less
than
180
days
and
its
date
of
construction
was
on
or
21
after
July
1,
2009.
The
bill
also
strikes
a
provision
that
22
allows
a
person
to
apply
liquid
manure
under
any
circumstances
23
if
the
person
injects
the
liquid
manure
on
the
same
date
as
24
application.
25
APPLICABLE
PENALTIES.
A
person
who
is
in
violation
of
26
the
bill’s
provisions
is
subject
to
a
civil
penalty
under
27
Code
section
459.603,
which
provides
for
an
administrative
28
assessment
of
a
civil
penalty
of
up
to
$10,000
for
each
day
of
29
a
violation
(Code
section
455B.109)
or
the
judicial
assessment
30
of
a
civil
penalty
of
up
to
$5,000
for
each
day
of
a
violation
31
(Code
section
455B.191).
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