Senate File 256 - Introduced
SENATE FILE
BY BOLKCOM
A BILL FOR
1 An Act providing for the application of manure originating
2 from an animal feeding operation, and making penalties
3 applicable.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN
1 1 Section 1. Section 459.102, Code 2015, is amended by adding
1 2 the following new subsections:
1 3 NEW SUBSECTION. 48A. "Rainfall event" means any period of
1 4 continuous rainfall.
1 5 NEW SUBSECTION. 50A. "Saturated ground" means the top
1 6 two inches of soil that due to precipitation can no longer
1 7 absorb liquid as determined according to rules adopted by the
1 8 department.
1 9 Sec. 2. Section 459.312, subsection 10, paragraph h, Code
1 10 2015, is amended by striking the paragraph.
1 11 Sec. 3. Section 459.313A, Code 2015, is amended by striking
1 12 the section and inserting in lieu thereof the following:
1 13 459.313A Application of manure on land == authorized and
1 14 prohibited == exceptions.
1 15 1. A person may apply manure originating from an animal
1 16 feeding operation on frozen ground, saturated ground, or snow
1 17 covered ground, except to the extent otherwise provided by
1 18 applicable requirements in this section, this chapter, or the
1 19 national pollutant discharge elimination system pursuant to
1 20 the federal Water Pollution Control Act, 33 U.S.C. ch. 26, as
1 21 amended, and 40 C.F.R. pts. 122 and 412.
1 22 2. A person shall not apply liquid manure, originating
1 23 from a manure storage structure that is part of a confinement
1 24 feeding operation, on land that is any of the following:
1 25 a. Frozen ground, saturated ground, or snow=covered ground.
1 26 b. Located in a five=digit zip code area that is subject to
1 27 a rainfall event as forecast by the national weather service,
1 28 immediately prior to the beginning of the rainfall event,
1 29 predicting a fifty percent or greater probability that the area
1 30 will receive more than one quarter inch of rain during the
1 31 rainfall event's first twenty=four hours. In that case, the
1 32 person shall not apply the liquid manure for twenty=four hours
1 33 from the beginning of the rainfall event.
1 34 3. Subsection 2 does not apply to the application of liquid
1 35 manure that is any of the following:
2 1 a. Originates from a manure storage structure that is part
2 2 of a small animal feeding operation.
2 3 b. Is injected into the soil or incorporated within the soil
2 4 on the same date as the manure is first applied.
2 5 EXPLANATION
2 6 The inclusion of this explanation does not constitute agreement with
2 7 the explanation's substance by the members of the general assembly.
2 8 BILL. This bill allows a person to apply manure originating
2 9 from an animal feeding operation, unless it is liquid manure
2 10 originating from a confinement feeding operation. In that
2 11 case, the bill prohibits the application of such liquid manure
2 12 on saturated ground as well as on frozen or snow=covered
2 13 ground regardless of the season. The prohibition also applies
2 14 and requires a 24=hour delay if the national weather service
2 15 forecasts rain. The prohibitions do not apply: (1) if the
2 16 manure originates from a small animal feeding operation or (2)
2 17 the manure is injected or incorporated.
2 18 CURRENT LAW. Generally, a person may apply manure
2 19 originating from an animal feeding operation on snow=covered
2 20 or frozen ground, except during a period beginning in winter
2 21 and ending in early spring. However, an exception allows such
2 22 application if there is an emergency, the manure originates
2 23 from a small animal feeding operation, or if the manure is
2 24 injected or incorporated. The prohibition is enforced by the
2 25 department of natural resources.
2 26 TERMS. An "animal feeding operation" is a place where
2 27 animals (cattle, swine, horses, sheep, chickens, turkeys,
2 28 or fish) are confined for 45 or more days in a 12=month
2 29 period. A "confinement feeding operation" is an animal feeding
2 30 operation in which animals are confined in roofed areas (e.g.,
2 31 buildings). A small animal feeding operation uses a formed
2 32 manure storage that has less than a 500 animal unit capacity
2 33 (e.g., 1,250 head of hogs weighing more than 55 pounds).
2 34 Injection is the process of applying manure beneath the soil
2 35 surface and incorporation is a process that mixes manure into
3 1 the soil.
3 2 APPLICABLE PENALTIES. A person who applies liquid manure
3 3 in violation of the prohibition would be subject to a civil
3 4 penalty, that may be administratively assessed by the
3 5 department, in an amount of not more than $10,000 (Code section
3 6 455B.109), or judicially assessed for an amount not more than
3 7 $5,000 per each day of the violation (Code section 455B.191).
3 8 Collected moneys would be deposited into the watershed
3 9 improvement fund (Code sections 459.603 and 466A.2).
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