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Senate
File
2356
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Introduced
SENATE
FILE
2356
BY
STAED
A
BILL
FOR
An
Act
relating
to
monitoring
the
application
of
manure
1
originating
from
a
confinement
feeding
operation,
and
making
2
penalties
applicable.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
459.312,
Code
2026,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
15.
A
person
required
to
submit
a
manure
3
management
plan
to
the
department
shall
monitor
the
application
4
of
the
manure,
and
conditions
after
the
application
of
the
5
manure,
if
the
manure
is
applied
in
proximity
to
a
surface
6
water
source
or
groundwater
source.
The
process
of
monitoring
7
shall
occur
during
the
period
of
application,
immediately
8
following
the
application,
or
later
if
climatic
conditions
9
increase
the
risk
that
the
applied
manure
may
be
discharged
10
into
the
surface
water
source
or
groundwater
source.
If
there
11
is
a
risk
of
a
discharge,
the
person
shall
file
a
report
with
12
the
department
detailing
where
the
discharge
may
have
occurred
13
and
the
level
of
risk
posed
by
the
possible
discharge.
The
14
department
shall
publish
information
contained
in
the
report
15
on
its
internet
site,
and
investigate
the
site
of
the
possible
16
discharge.
17
EXPLANATION
18
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
19
the
explanation’s
substance
by
the
members
of
the
general
assembly.
20
BACKGROUND
——
GENERAL.
Confinement
feeding
operations
are
21
regulated
by
the
department
of
natural
resources
(DNR)
under
22
the
“Animal
Agriculture
Compliance
Act”
(Code
chapter
459).
23
A
confinement
feeding
operation
is
a
type
of
animal
feeding
24
operation
in
which
agricultural
animals
are
maintained
for
at
25
least
45
days
in
any
12-month
period.
A
confinement
feeding
26
operation
is
an
animal
feeding
operation
in
which
animals
are
27
kept
in
a
structure
(building)
that
is
totally
roofed,
and
28
includes
any
associated
manure
storage
structure
(Code
section
29
459.102).
Generally,
a
confinement
feeding
operation
must
30
retain
manure
that
is
produced
at
the
location
in
a
manure
31
storage
structure
until
the
manure
is
transported
and
used
32
according
to
water
quality
requirements
(e.g.,
via
application
33
on
farmland)
(see
Code
section
459.311).
Regulations
governing
34
confinement
feeding
operations
vary
based
on
the
size
of
the
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operation
measured
by
its
animal
unit
capacity
(AUC).
AUC
1
refers
to
a
measurement
used
to
determine
the
maximum
number
of
2
animal
units
that
may
be
maintained
as
part
of
a
confinement
3
feeding
operation
at
any
one
time.
In
calculating
AUC,
a
4
special
equivalency
factor
is
assigned
for
each
classification
5
of
confined
agricultural
animal.
A
confinement
feeding
6
operation
with
500
or
fewer
animal
units
(e.g.,
1,250
finishing
7
swine)
are
not
subject
to
the
same
level
of
regulation.
The
8
owner
or
operator
of
a
small
animal
feeding
operation
is
not
9
required
to
file
a
manure
management
plan
(MMP)
under
Code
10
section
459.312.
11
BACKGROUND
——
MMP.
Code
chapter
459,
subchapter
III,
12
regulates
water
quality,
including
the
discharge
of
manure
into
13
surface
water
sources
and
groundwater
sources.
Code
section
14
459.312
provides
for
the
submission
of
an
MMP
to
DNR,
including
15
updates,
by
an
owner
of
a
confinement
feeding
operation
or
a
16
person
who
applies
manure
from
a
confinement
feeding
operation
17
that
is
located
in
another
state,
if
the
manure
is
applied
on
18
land
located
in
this
state.
Generally,
an
MMP
must
include
19
information
regarding
where
and
how
much
manure
originating
20
from
a
manure
storage
structure
is
to
be
applied.
DNR
must
21
approve
the
MMP
according
to
procedures
established
by
DNR.
22
BILL’S
PROVISIONS.
This
bill
provides
that
a
person
23
required
to
submit
an
MMP
must
monitor
the
application
of
24
manure,
and
conditions
after
its
application,
if
the
manure
is
25
applied
in
proximity
to
a
surface
water
source
or
groundwater
26
source.
If
there
is
a
risk
of
a
discharge,
the
person
must
27
file
a
report
with
DNR
detailing
where
the
discharge
may
have
28
occurred
and
the
level
of
risk
posed
by
the
possible
discharge.
29
DNR
must
publish
the
information
contained
in
the
report
on
30
its
internet
site,
and
investigate
the
site
of
the
possible
31
discharge.
32
APPLICABLE
PENALTIES.
A
person
who
violates
Code
chapter
33
459,
subchapter
III,
is
subject
to
the
administrative
34
assessment
of
a
civil
penalty
of
up
to
$10,000
for
each
day
of
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a
violation
(Code
section
459.603
referring
to
Code
section
1
455B.109)
or
the
judicial
assessment
of
a
civil
penalty
of
up
2
to
$5,000
for
each
day
of
a
violation
(Code
section
459.603
3
referring
to
Code
section
455B.191).
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