Relating to water quality, including by providing for the permitting and monitoring of animal feeding operations, providing penalties, and making penalties applicable

BACKGROUND —— STATE LAW. This bill amends provisions regulating animal feeding operations (AFOs) in which agricultural animals are confined and fed and maintained for days or more in any 12-month period, and includes all structures used for the storage of manure from animals in the operation and the discharge of manure or effluent originating from the AFO (Code chapters 459 and 459A). The regulations are administered and enforced by the department of natural resources (DNR) including the environmental protection commission (EPC). State law recognizes several types of AFOs, including confinement feeding operations (CFOs) in which animals are housed (confined) under roof (Code chapter 459). Special provisions govern open feedlots where animals are kept in unroofed or partially roofed structures (Code chapter 459A). In both cases, natural vegetation is not available to the animals. In Iowa, a CFO is subject to both air and water protection statutes and rules. Under water quality regulations, the owner or operator of an AFO may be required to obtain authorization from DNR to do business.208).311). The level of regulation sometimes depends upon a formula that calculates the degree to which the AFO presents a threat to water quality measured by: (1) the type of animals maintained and (2) the number of animals maintained.4 AU x 1,000 AUC = 400 head). BACKGROUND —— FEDERAL LAW. 122 and 412). EPA contracts with DNR to administer and enforce the NPDES program. Under the NPDES program, AFOs are referred to as concentrated animal feeding operations (CAFOs). A CAFO is classified by its own formula that also factors the type and number of animals kept. The regulations apply to large, medium, and small CAFOs. For example, a small CAFO includes less than 750 head of swine weighing or more pounds, a medium CAFO includes between 750 and 2,499 head, and a large CAFO includes 2,500 or more head. BACKGROUND —— STATE AND FEDERAL REGULATION. The purpose of both state and federal regulation is to prevent manure or effluent from contaminating groundwater and surface water.311)., land application).401).401). BILL’S PROVISIONS. The bill eliminates the provision that prevent EPC rules regulating wastewater, or manure or effluent originating from an AFO, from being more stringent than federal law. The bill provides that statutes regulating AFOs are minimum requirements, and that the EPC is to adopt permitting requirements by rule under the NPDES program, including for those AFOs classified as medium and large under federal law. The EPC rules may exceed applicable federal standards applying to a medium or large CAFO. In addition, the owner or operator of a medium or large CAFO must conduct effluent monitoring of pollutants discharged to navigable waters through the groundwater. The owner or operator must report the collected data to DNR which must publish it on its internet site and report it to the EPA. CIVIL PENALTIES.103).603).502). The bill also provides that the person is subject to the administratively assessed civil penalty.