| 1 | 1 | | Senate File 183 - Introduced SENATE FILE 183 BY STAED , DONAHUE , CELSI , BENNETT , BISIGNANO , WINCKLER , DOTZLER , 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: 4 TLSB 1489XS (7) 91 da/ns |
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| 3 | 3 | | S.F. 183 Section 1. Section 455B.173, subsection 2, Code 2025, 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, 35 -1- LSB 1489XS (7) 91 da/ns 1/ 11 |
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| 5 | 5 | | S.F. 183 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 2025, 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 2025, 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. 35 -2- LSB 1489XS (7) 91 da/ns 2/ 11 |
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| 7 | 7 | | S.F. 183 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 2025, 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, 35 -3- LSB 1489XS (7) 91 da/ns 3/ 11 |
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| 9 | 9 | | S.F. 183 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 2025, 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. 35 -4- LSB 1489XS (7) 91 da/ns 4/ 11 |
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| 11 | 11 | | S.F. 183 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 2025, 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. 35 -5- LSB 1489XS (7) 91 da/ns 5/ 11 |
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| 13 | 13 | | S.F. 183 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 35 -6- LSB 1489XS (7) 91 da/ns 6/ 11 |
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| 15 | 15 | | S.F. 183 United States environmental protection agency at least each 1 twelve months that includes the data and a summary of the 2 departments 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 2025, 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 2025, 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 2025, 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 35 -7- LSB 1489XS (7) 91 da/ns 7/ 11 |
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| 17 | 17 | | S.F. 183 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 explanations 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. 35 -8- LSB 1489XS (7) 91 da/ns 8/ 11 |
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| 19 | 19 | | S.F. 183 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) (0.4 AU x 17 1,000 AUC = 400 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. 35 -9- LSB 1489XS (7) 91 da/ns 9/ 11 |
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| 21 | 21 | | S.F. 183 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 BILLS 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 35 -10- LSB 1489XS (7) 91 da/ns 10/ 11 |
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| 23 | 23 | | S.F. 183 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. 5 -11- LSB 1489XS (7) 91 da/ns 11/ 11 |
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