Regulating animal feeding operations, including rulemaking requirements, and making penalties applicable

BACKGROUND. An animal feeding operation (AFO) is regulated under several Code chapters, including Code chapter 455B, subchapter III, governing water quality, and Code chapter 459, subchapter III, governing all AFOs, which includes provisions regulating confinement feeding operations, and Code chapter 459A, which includes selected provisions regulating open feedlot operations. The Code chapters are administered and enforced by the department of natural resources under the oversight of the environmental protection commission (EPC) (Code chapter 455A). BACKGROUND —— ANIMAL FEEDING OPERATIONS. An AFO is an area in which agricultural animals are confined for 45 days or more in any 12-month period, and all associated structures used for the storage of manure.102).102). Manure from an open feedlot operation includes solids and effluent that are usually not stored in a structure associated with a confinement feeding operation. BACKGROUND —— STATE AND FEDERAL LAW. Both Code chapters 459 and 459A regulate the application of manure and other effluent originating from an operation, including application close to water sources. 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). The purpose of both state and federal regulation is to prevent manure or effluent from contaminating groundwater and surface water.311).401). BILL’S PROVISIONS. This bill eliminates provisions that prevent EPC rules regulating manure or effluent originating from an AFO from being more stringent than federal law. The bill provides that the NPDES program establishes minimum requirements. The EPC is required to adopt rules that provide more restrictive requirements as necessary to regulate the storage, treatment, and application of manure and other effluent originating from an AFO in a manner that preserves and enhances water quality in the state.7(2) or (3)). APPLICABLE PENALTIES. A person who is in violation of the bill’s provisions is subject to a civil penalty under Code chapter 459 or 459A.191).191).