ARC 4698C

ARC 4698C

AGRICULTURE AND LAND STEWARDSHIP DEPARTMENT[21]

Notice of Intended Action

Proposing rule making related to storage of bulk dry animal nutrients

and providing an opportunity for public comment

The Agriculture and Land Stewardship Department hereby proposes to amend Chapter 49, "Bulk Dry Animal Nutrients," Iowa Administrative Code.

Legal Authority for Rule Making

This rule making is proposed under the authority provided in Iowa Code section 200A.4.

State or Federal Law Implemented

This rule making implements, in whole or in part, Iowa Code chapter 200A.

Purpose and Summary

The purpose of this proposed rule making is to update the distance requirements for the storage of bulk dry animal nutrients.

Fiscal Impact

This rule making has no fiscal impact to the State of Iowa.

Jobs Impact

After analysis and review of this rule making, no impact on jobs has been found.

Waivers

Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 21—Chapter 8.

Public Comment

Any interested person may submit written comments concerning this proposed rule making. Written comments in response to this rule making must be received by the Department no later than 4:30 p.m.on October 30, 2019. Comments should be directed to:

Public Hearing

A public hearing at which persons may present their views orally or in writing will be held as follows:

Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making.

Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Department and advise of specific needs.

Review by Administrative Rules Review Committee

The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee's meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).

The following rule-making actions are proposed:

Item 1. Adopt the following new definitions of "Business," "Church," "Grassed waterway," "Major water source," "Public use area," "School" and "Water of the state" in rule 21—49.1(200A):

"Business" means a commercial enterprise.

"Church" means a religious institution.

"Grassed waterway" means a shaped or graded channel that is established with suitable vegetation for the stable conveyance of runoff.

"Major water source" means a water source that is a lake, reservoir, river or stream located within the territorial limits of the state, or any marginal river area adjacent to the state, if the water source is capable of supporting a floating vessel capable of carrying one or more persons during a total of a six-month period in one out of ten years, excluding periods of flooding.

"Public use area" means that portion of land owned by the United States, the state, or a political subdivision with facilities which attract the public to congregate and remain in the area for significant periods of time. Facilities include, but are not limited to, picnic grounds, campgrounds, cemeteries, lodges and cabins, shelter houses, playground equipment, swimming beaches at lakes, and fishing docks, fishing houses, fishing jetties or fishing piers at lakes. It does not include a highway, road right-of-way, parking areas, recreational trails or other areas where the public passes through, but does not congregate or remain in the area for significant periods of time.

"School" means an educational institution.

"Water of the state" means all of the waters under the jurisdiction of the state.

Item 2. Amend rule 21—49.7(200A) as follows:

21—49.7(200A) Storage of bulk dry animal nutrients. A distributor shall not store bulk dry animal nutrients in a manner which pollutes the waters of the state. Storage requirements include the following storing bulk dry animal nutrients shall meet the following storage requirements:

. 1.Bulk dry animal nutrients shall not be stored in a manner which pollutes the waters of the state.

1. 2.Bulk dry animal nutrients shall not be stored in a grassed waterway.

2. 3.Bulk dry animal nutrients shall not be stored on ground with a slope of greater than class "B" as defined in the county soil survey.

3. 4.Bulk dry animal nutrients shall not be stored within 200 feet of a shallow private water supply well or within.

. 5.Bulk dry animal nutrients shall not be stored within 100 feet of a deep water supply well.

. 6.Bulk dry animal nutrients shall not be stored within 500 feet of a surface intake, wellhead or cistern of agricultural drainage wells, known sinkholes or major water sources or within 200.

. 7.Bulk dry animal nutrients shall not be stored within 500 feet of watercourses other than major water sources (excluding farm ponds, privately owned lakes or when a secondary containment barrier is provided). For purposes of this rule, terms used are considered to have the same meaning as defined in 567—65.1(455B).

. 8.Bulk dry animal nutrients shall not be stored within 500 feet of a residence, business, church, school, or public use area.