Bill Text: IA HF2354 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to water quality, including by providing for the permitting and monitoring of animal feeding operations, providing penalties, and making penalties applicable.
Spectrum: Partisan Bill (Democrat 11-0)
Status: (Introduced) 2024-02-07 - Introduced, referred to Agriculture. H.J. 211. [HF2354 Detail]
Download: Iowa-2023-HF2354-Introduced.html
House
File
2354
-
Introduced
HOUSE
FILE
2354
BY
STAED
,
KURTH
,
AMOS
JR.
,
BROWN-POWERS
,
LEVIN
,
TUREK
,
STECKMAN
,
WILBURN
,
CROKEN
,
KRESSIG
,
and
JACOBY
A
BILL
FOR
An
Act
relating
to
water
quality,
including
by
providing
for
1
the
permitting
and
monitoring
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
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Section
1.
Section
455B.173,
subsection
2,
Code
2024,
is
1
amended
to
read
as
follows:
2
2.
a.
Establish,
modify,
or
repeal
water
quality
standards,
3
pretreatment
standards,
and
effluent
standards
in
accordance
4
with
the
provisions
of
this
chapter
.
5
a.
b.
The
effluent
standards
may
provide
for
maintaining
6
the
existing
quality
of
the
water
of
the
state
that
is
a
7
navigable
water
of
the
United
States
under
the
federal
Water
8
Pollution
Control
Act
where
the
quality
thereof
exceeds
the
9
requirements
of
the
water
quality
standards.
10
b.
c.
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.
Except
as
required
by
federal
law
or
regulation,
the
26
commission
shall
not
adopt
an
effluent
standard
more
stringent
27
with
respect
to
any
pollutant
than
is
necessary
to
reduce
the
28
concentration
of
that
pollutant
in
the
effluent
to
the
level
29
due
to
natural
causes,
including
the
mineral
and
chemical
30
characteristics
of
the
land,
existing
in
the
water
of
the
state
31
to
which
the
effluent
is
discharged.
Notwithstanding
any
other
32
provision
of
this
part
1
of
subchapter
III
or
chapter
459,
33
subchapter
III
,
any
new
source,
the
construction
of
which
was
34
commenced
after
October
18,
1972,
and
which
was
constructed
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as
to
meet
all
applicable
standards
of
performance
for
the
1
new
source
or
any
more
stringent
effluent
limitation
required
2
to
meet
water
quality
standards,
shall
not
be
subject
to
any
3
more
stringent
effluent
limitations
during
a
ten-year
period
4
beginning
on
the
date
of
completion
of
construction
or
during
5
the
period
of
depreciation
or
amortization
of
the
pollution
6
control
equipment
for
the
facility
for
the
purposes
of
section
7
167
or
169
or
both
sections
of
the
Internal
Revenue
Code,
8
whichever
period
ends
first.
9
Sec.
2.
Section
459.102,
subsection
9,
Code
2024,
is
amended
10
to
read
as
follows:
11
9.
“Animal
weight
capacity”
means
the
product
of
multiplying
12
the
maximum
number
of
animals
which
the
owner
or
operator
13
confines
in
an
animal
feeding
operation
at
any
one
time
by
the
14
average
weight
during
a
production
cycle.
15
Sec.
3.
Section
459.102,
Code
2024,
is
amended
by
adding
the
16
following
new
subsections:
17
NEW
SUBSECTION
.
14A.
“Concentrated
animal
feeding
operation”
18
means
the
same
as
defined
in
40
C.F.R.
§122.23.
19
NEW
SUBSECTION
.
28A.
“Effluent”
means
a
water-carried
20
pollutant,
including
but
not
limited
to
manure,
litter,
and
21
process
wastewater.
22
NEW
SUBSECTION
.
30A.
“Federal
Water
Pollution
Control
Act”
23
means
the
federal
Water
Pollution
Control
Act
of
1972,
33
24
U.S.C.
ch.
26,
as
amended,
and
40
C.F.R.
pts.
122
and
412.
25
NEW
SUBSECTION
.
35A.
“Large
concentrated
animal
feeding
26
operation”
means
the
same
as
defined
in
40
C.F.R.
§122.23(b)(4).
27
NEW
SUBSECTION
.
41A.
“Medium
concentrated
animal
feeding
28
operation”
means
an
animal
feeding
operation
that
meets
the
size
29
threshold
for
medium
concentrated
animal
feeding
operation
in
30
40
C.F.R.
§122.23(b)(6)(i).
31
NEW
SUBSECTION
.
41B.
“NPDES
permit”
means
a
permit
issued
32
by
the
department
in
administering
the
NPDES
permit
program.
33
NEW
SUBSECTION
.
41C.
“NPDES
permit
program”
means
the
34
national
pollutant
discharge
elimination
system
(NPDES)
permit
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program
pursuant
to
the
federal
Water
Pollution
Control
Act.
1
NEW
SUBSECTION
.
42A.
“Owner”
includes
a
person
who
owns
or
2
operates
an
animal
feeding
operation.
3
NEW
SUBSECTION
.
52A.
“Small
concentrated
animal
feeding
4
operation”
means
the
same
as
defined
in
40
C.F.R.
§122.23.
5
Sec.
4.
Section
459.103,
Code
2024,
is
amended
to
read
as
6
follows:
7
459.103
General
authority
——
commission
and
department.
8
1.
The
commission
shall
establish
by
rule
adopted
pursuant
9
to
chapter
17A
,
requirements
relating
to
the
construction,
10
including
expansion,
or
operation
of
animal
feeding
operations,
11
including
related
animal
feeding
operation
structures.
The
12
requirements
shall
include
but
are
not
limited
to
minimum
13
manure
control,
the
issuance
of
construction
permits,
and
14
departmental
investigations,
inspections,
and
testing.
The
15
commission
shall
establish
by
rule
adopted
pursuant
to
chapter
16
17A
requirements
relating
to
the
storage,
treatment,
and
17
application
of
manure
and
other
effluent
originating
from
18
animal
feeding
operations.
19
2.
Any
provision
referring
generally
to
compliance
with
20
the
requirements
of
this
chapter
as
applied
to
animal
feeding
21
operations
also
includes
compliance
with
requirements
in
22
rules
adopted
by
the
commission
pursuant
to
this
section
,
23
orders
issued
by
the
department
as
authorized
under
this
24
chapter
,
and
the
terms
and
conditions
applicable
to
licenses,
25
certifications,
construction
permits,
or
manure
management
26
plans
required
under
subchapter
III
.
However,
for
purposes
of
27
approving
or
disapproving
an
application
for
a
construction
28
permit
as
provided
in
section
459.304
,
conditions
for
the
29
approval
of
an
application
based
on
results
produced
by
a
30
master
matrix
are
not
requirements
of
this
chapter
until
the
31
department
approves
or
disapproves
an
application
based
on
32
those
results.
33
Sec.
5.
Section
459.301,
Code
2024,
is
amended
by
adding
the
34
following
new
subsection:
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NEW
SUBSECTION
.
4A.
For
purposes
of
determining
compliance
1
with
the
rules
adopted
by
the
commission
to
implement
and
2
administer
the
NPDES
permit
program,
the
department
shall
count
3
all
animals
according
to
type
as
used
to
determine
whether
an
4
animal
feeding
operation
is
a
small
concentrated
animal
feeding
5
operation,
medium
concentrated
animal
feeding
operation,
or
6
large
concentrated
animal
feeding
operation.
7
Sec.
6.
NEW
SECTION
.
459.301A
Federal
law
——
NPDES
permit
8
program.
9
1.
This
subchapter
establishes
minimum
requirements
for
10
managing
animal
feeding
operations
to
protect
water
quality.
11
The
commission
shall
establish
by
rule
adopted
pursuant
to
12
chapter
17A
requirements
relating
to
the
implementation
and
13
administration
of
the
NPDES
permit
program,
including
the
14
issuance
of
NPDES
permits
in
accordance
with
the
requirements
15
of
this
subchapter
and
the
federal
Water
Pollution
Control
Act.
16
2.
The
commission
shall
establish
by
rule
adopted
pursuant
17
to
chapter
17A
permitting
requirements
under
the
NPDES
permit
18
program
for
medium
concentrated
animal
feeding
operations
and
19
large
concentrated
animal
feeding
operations.
At
minimum,
the
20
rules
shall
require
that
medium
concentrated
animal
feeding
21
operations
and
large
concentrated
animal
feeding
operations
are
22
subject
to
an
NPDES
permit.
23
3.
a.
NPDES
permit
conditions
issued
by
the
department
24
under
this
chapter
applying
to
a
medium
concentrated
animal
25
feeding
operation
under
this
section
may
exceed
any
applicable
26
federal
standard
applying
to
that
medium
concentrated
animal
27
feeding
operation,
including
under
the
federal
Water
Pollution
28
Control
Act.
29
b.
NPDES
permit
conditions
issued
by
the
department
under
30
this
chapter
applying
to
a
large
concentrated
animal
feeding
31
operation
under
this
section
may
exceed
any
applicable
federal
32
standard
applying
to
that
large
concentrated
animal
feeding
33
operation,
including
under
the
federal
Water
Pollution
Control
34
Act.
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4.
NPDES
permits
developed
by
the
department
in
accordance
1
with
this
chapter
applying
to
a
medium
concentrated
animal
2
feeding
operation
or
a
large
concentrated
animal
feeding
3
operation
must
include
conditions
requiring
that
the
owner
or
4
operator
of
such
concentrated
animal
feeding
operation
do
all
5
of
the
following:
6
a.
Conduct
representative
effluent
monitoring,
including
7
monitoring
for
pollutants
discharged
to
waters
of
the
state
8
through
groundwater.
9
b.
Report
data
collected
from
monitoring
for
pollutants
10
described
in
paragraph
“a”
to
the
department
each
ninety
days.
11
The
department
shall
publish
the
data
on
its
internet
site,
and
12
regularly
report
such
data
to
the
United
States
environmental
13
protection
agency
office
of
enforcement
compliance
assurance,
14
to
be
part
of
its
integrated
compliance
information
system.
15
Sec.
7.
Section
459.311,
Code
2024,
is
amended
to
read
as
16
follows:
17
459.311
Minimum
requirements
for
manure
control.
18
1.
a.
A
confinement
feeding
operation
shall
retain
all
19
manure
produced
by
the
operation
between
periods
of
manure
20
disposal.
21
b.
For
purposes
of
this
section
,
dry
manure
may
be
retained
22
by
stockpiling
as
provided
in
this
subchapter
.
23
c.
A
confinement
feeding
operation
shall
not
discharge
24
manure
directly
into
water
of
the
state
or
into
a
tile
line
25
that
discharges
directly
into
water
of
the
state.
26
2.
Notwithstanding
subsection
1
,
a
A
confinement
feeding
27
operation
that
is
a
concentrated
animal
feeding
operation
as
28
defined
in
40
C.F.R.
§122.23(b)
shall
comply
with
applicable
29
rules
adopted
by
the
commission
to
implement
and
administer
the
30
national
pollutant
discharge
elimination
system
permit
program
31
requirements
as
provided
in
the
federal
Water
Pollution
Control
32
Act
,
33
U.S.C.
ch.
26,
as
amended
,
and
40
C.F.R.
pts.
122
and
33
412
,
pursuant
to
rules
that
shall
be
adopted
by
the
commission.
34
Any
rules
adopted
pursuant
to
this
subsection
shall
be
no
more
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stringent
than
requirements
under
the
federal
Water
Pollution
1
Control
Act
,
33
U.S.C.
ch.
26,
as
amended
,
and
40
C.F.R.
pts.
2
122
and
412
section
459.301A
.
The
commission
shall
adopt
3
separate
requirements
for
confinement
feeding
operations,
4
open
feedlot
operations,
and
animal
truck
wash
facilities
as
5
provided
in
chapter
459A.
6
3.
Manure
from
an
animal
feeding
operation
shall
be
7
disposed
of
in
a
manner
which
will
that
does
not
cause
surface
8
water
or
groundwater
pollution.
Disposal
in
accordance
with
9
the
provisions
of
state
law,
including
this
chapter
,
rules
10
adopted
pursuant
to
the
provisions
of
state
law,
including
11
this
chapter
,
guidelines
adopted
pursuant
to
this
chapter
,
12
and
section
459.314
,
shall
be
deemed
as
compliance
with
this
13
requirement.
14
4.
The
department
may
require
that
the
owner
of
a
15
confinement
feeding
operation
shall
install
and
operate
a
water
16
pollution
monitoring
system
as
part
of
an
unformed
manure
17
storage
structure
the
confinement
feeding
operation
.
The
18
monitoring
system
shall
collect
and
record
data
regarding
the
19
type
and
quantity
of
pollutant
originating
from
a
confinement
20
feeding
operation
that
is
discharged
to
the
groundwater
or
a
21
surface
water
source.
The
owner
or
operator
of
the
confinement
22
feeding
operation
shall
report
the
data
to
the
department
each
23
ninety
days.
The
department
shall
publish
the
data
on
its
24
internet
site,
and
regularly
report
such
data
to
the
United
25
States
environmental
protection
agency
office
of
enforcement
26
compliance
assurance,
to
be
part
of
its
integrated
compliance
27
information
system.
28
5.
The
owner
of
the
confinement
feeding
operation
which
29
that
discontinues
the
use
of
the
operation
shall
remove
all
30
manure
from
related
confinement
feeding
operation
structures
31
used
to
store
manure,
by
a
date
specified
in
an
order
issued
to
32
the
operation
by
the
department,
or
six
months
following
the
33
date
that
the
confinement
feeding
operation
is
discontinued,
34
whichever
is
earlier.
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Sec.
8.
Section
459A.102,
subsections
11
and
24,
Code
2024,
1
are
amended
to
read
as
follows:
2
11.
“Concentrated
animal
feeding
operation”
means
the
same
as
3
defined
in
40
C.F.R.
§122.23
section
459.102
.
4
24.
“NPDES
permit”
means
a
permit
issued
by
the
department
5
under
the
national
pollutant
discharge
elimination
system
6
pursuant
to
the
federal
Water
Pollution
Control
Act
of
1972
,
33
7
U.S.C.
ch.
26,
as
amended
,
and
40
C.F.R.
pts.
122
and
412
the
8
same
as
defined
in
section
459.102
.
9
Sec.
9.
Section
459A.401,
subsection
2,
Code
2024,
is
10
amended
to
read
as
follows:
11
2.
Notwithstanding
subsection
1
,
an
open
feedlot
operation
12
that
is
a
concentrated
animal
feeding
operation
shall
comply
13
with
applicable
rules
adopted
by
the
commission
implementing
14
and
administering
the
NPDES
permit
requirements
program
as
15
provided
in
the
federal
Water
Pollution
Control
Act
,
pursuant
16
to
rules
that
shall
be
adopted
by
the
commission.
Any
rules
17
adopted
pursuant
to
this
subsection
shall
be
no
more
stringent
18
than
requirements
under
the
federal
Act
section
459.301A
.
19
Sec.
10.
Section
459A.502,
Code
2024,
is
amended
to
read
as
20
follows:
21
459A.502
Violations
——
civil
penalty.
22
1.
a.
A
Except
as
provided
in
paragraph
“b”
,
a
person
23
who
violates
this
chapter
shall
be
subject
to
a
civil
penalty
24
which
shall
be
established,
assessed,
and
collected
in
the
same
25
manner
as
provided
in
section
455B.191
.
26
b.
A
person
who
violates
a
provision
regulating
an
open
27
feedlot
operation
is
subject
to
a
civil
penalty
which
shall
28
be
established,
assessed,
and
collected
in
the
same
manner
as
29
provided
in
section
455B.109
or
455B.191.
30
2.
Any
collected
civil
penalty
and
interest
on
a
civil
31
penalty
collected
under
this
section
shall
be
credited
to
the
32
Iowa
nutrient
research
fund
created
in
section
466B.46
.
33
3.
A
person
shall
not
be
subject
to
a
penalty
under
this
34
section
and
a
penalty
under
section
459.603
for
the
same
35
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violation.
1
EXPLANATION
2
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
3
the
explanation’s
substance
by
the
members
of
the
general
assembly.
4
BACKGROUND
——
STATE
LAW.
This
bill
amends
provisions
5
regulating
animal
feeding
operations
(AFOs)
in
which
6
agricultural
animals
are
confined
and
fed
and
maintained
7
for
45
days
or
more
in
any
12-month
period,
and
includes
8
all
structures
used
for
the
storage
of
manure
from
animals
9
in
the
operation
and
the
discharge
of
manure
or
effluent
10
originating
from
the
AFO
(Code
chapters
459
and
459A).
The
11
regulations
are
administered
and
enforced
by
the
department
of
12
natural
resources
(DNR)
including
the
environmental
protection
13
commission
(EPC).
State
law
recognizes
several
types
of
14
AFOs,
including
confinement
feeding
operations
(CFOs)
in
15
which
animals
are
housed
(confined)
under
roof
(Code
chapter
16
459).
Special
provisions
govern
open
feedlots
where
animals
17
are
kept
in
unroofed
or
partially
roofed
structures
(Code
18
chapter
459A).
In
both
cases,
natural
vegetation
is
not
19
available
to
the
animals.
In
Iowa,
a
CFO
is
subject
to
both
20
air
and
water
protection
statutes
and
rules.
Under
water
21
quality
regulations,
the
owner
or
operator
of
an
AFO
may
be
22
required
to
obtain
authorization
from
DNR
to
do
business.
The
23
authorization
takes
the
form
of
a
construction
permit
for
24
a
CFO
(Code
section
459.304)
or
an
open
feedlot
operation
25
(Code
section
459A.205)
or
a
manure
management
plan
for
a
CFO
26
(Code
section
459.312)
or
nutrient
management
plan
for
an
open
27
feedlot
operation
(Code
section
459A.208).
The
EPC
may
by
28
rule
require
the
owner
or
operator
of
a
CFO
to
install
a
water
29
pollution
monitoring
system
as
part
of
an
unformed
(dirt
or
30
clay)
manure
storage
structure
(Code
section
459.311).
The
31
level
of
regulation
sometimes
depends
upon
a
formula
that
32
calculates
the
degree
to
which
the
AFO
presents
a
threat
to
33
water
quality
measured
by:
(1)
the
type
of
animals
maintained
34
and
(2)
the
number
of
animals
maintained.
For
example,
a
35
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construction
permit
is
required
for
a
CFO
that
has
an
animal
1
unit
capacity
(AUC)
of
1,000
animal
units
(AUs)
(Code
section
2
459.303)
and
each
head
of
butcher
or
breeding
swine
weighing
3
more
than
55
pounds
is
assigned
a
special
equivalency
factor
of
4
0.4
animal
units
(Code
section
459.102)
(0.4
AU
x
1,000
AUC
=
5
400
head).
6
BACKGROUND
——
FEDERAL
LAW.
AFOs
are
also
regulated
under
7
federal
law
by
the
environmental
protection
agency
(EPA)
that
8
administers
and
enforces
the
national
pollutant
discharge
9
elimination
system
(NPDES)
program
pursuant
to
the
federal
10
Water
Pollution
Control
Act
of
1972
(33
U.S.C.
ch.
26,
as
11
amended,
and
40
C.F.R.
pts.
122
and
412).
EPA
contracts
with
12
DNR
to
administer
and
enforce
the
NPDES
program.
Under
the
13
NPDES
program,
AFOs
are
referred
to
as
concentrated
animal
14
feeding
operations
(CAFOs).
A
CAFO
is
classified
by
its
own
15
formula
that
also
factors
the
type
and
number
of
animals
kept.
16
The
regulations
apply
to
large,
medium,
and
small
CAFOs.
For
17
example,
a
small
CAFO
includes
less
than
750
head
of
swine
18
weighing
55
or
more
pounds,
a
medium
CAFO
includes
between
750
19
and
2,499
head,
and
a
large
CAFO
includes
2,500
or
more
head.
20
BACKGROUND
——
STATE
AND
FEDERAL
REGULATION.
The
purpose
21
of
both
state
and
federal
regulation
is
to
prevent
manure
or
22
effluent
from
contaminating
groundwater
and
surface
water.
23
In
compliance
with
federal
law,
manure
from
a
CAFO
cannot
be
24
disposed
(discharged)
in
a
manner
that
will
cause
surface
25
water
or
groundwater
pollution
(Code
section
459.311).
A
CAFO
26
must
retain
all
manure
between
periods
of
disposal
(i.e.,
land
27
application).
An
open
feedlot
must
install
structures
that
28
filter
manure
and
effluent
runoff
(Code
section
459A.401).
29
However,
in
all
cases
involving
the
treatment
of
wastewater,
30
and
the
discharge
of
manure
and
effluent
originating
from
an
31
AFO,
rules
adopted
by
the
EPC
can
be
no
more
stringent
than
32
federal
law
(Code
sections
455B.173,
459.311,
and
459A.401).
33
BILL’S
PROVISIONS.
The
bill
eliminates
the
provision
that
34
prevent
EPC
rules
regulating
wastewater,
or
manure
or
effluent
35
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originating
from
an
AFO,
from
being
more
stringent
than
federal
1
law.
The
bill
provides
that
statutes
regulating
AFOs
are
2
minimum
requirements,
and
that
the
EPC
is
to
adopt
permitting
3
requirements
by
rule
under
the
NPDES
program,
including
for
4
those
AFOs
classified
as
medium
and
large
under
federal
law.
5
The
EPC
rules
may
exceed
applicable
federal
standards
applying
6
to
a
medium
or
large
CAFO.
In
addition,
the
owner
or
operator
7
of
a
medium
or
large
CAFO
must
conduct
effluent
monitoring
8
of
pollutants
discharged
to
navigable
waters
through
the
9
groundwater.
The
owner
or
operator
must
report
the
collected
10
data
to
DNR
which
must
publish
it
on
its
internet
site
and
11
report
it
to
the
EPA.
12
CIVIL
PENALTIES.
Compliance
with
a
statutory
regulation
13
includes
compliance
with
a
rule
adopted
by
DNR
(Code
section
14
459.103).
A
person
violating
a
water
quality
regulation
under
15
Code
chapter
459
is
subject
to
the
administrative
assessment
16
of
a
civil
penalty
by
DNR
of
not
more
than
$10,000
or
a
17
judicial
assessment
of
a
civil
penalty
of
$5,000
(Code
sections
18
455B.109,
455B.191
and
459.603).
Currently,
a
person
violating
19
a
water
quality
regulation
applying
to
an
open
feedlot
is
20
subject
to
the
judicially
assessed
civil
penalty
(Code
section
21
459A.502).
The
bill
also
provides
that
the
person
is
subject
22
to
the
administratively
assessed
civil
penalty.
23
-10-
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5139YH
(4)
90
da/ns
10/
10
