Operators of Iowa livestock confinements could stockpile manure adjacent to homes or as close as 400 feet to some Iowa waterways under a proposal that passed an Iowa House committee late Monday.

Currently, newer confinement operations must keep manure inside a building or enclosed structure until it is disposed of.

It's the third time this year that the idea or similar proposals have come before lawmakers, despite opposition from the Iowa Department of Natural Resources.

The latest attempt has the strong backing of cattle, hog and poultry lobbyists and is sponsored by Democratic and Republican leaders.

Advocates say it would allow animal confinements built in the past two years to follow essentially the same regulations as older facilities. It also would help limit the undesirable practice of spreading manure on frozen or snow-covered fields. No discharge to Iowa waterways would be permitted, even though supporters acknowledge there could be situations where large piles of dry manure could be located close to homes or businesses.

Opponents say the proposal flies against efforts to protect Iowans against pollution that can create foul odors or cause illnesses and death. Some Iowa residents in previous years who lived near manure stockpiles during warm months have scooped as many as 5 gallons of dead flies a day from their home areas, they said.

"That does not protect our precious groundwater drinking supplies, nor does it protect the neighbors who have to put up with the stench, the stink or the flies," said Rep. Mark Kuhn, a Charles City Democrat.

Kuhn brought a bucket of turkey manure to the Capitol on Wednesday to help urban lawmakers understand the sickening smell that's the subject of the legislation they're considering. As of Wednesday evening, the bucket remained in the back of his pickup truck. No lawmakers had volunteered to take a sniff.

"I don't think some members of this body know what it smells like," Kuhn said.

Animal confinements built after Jan. 1, 2006, are required to keep manure in a covered area until disposal. Manure is often spread on fields as fertilizer. Older confinement facilities may stockpile the material outside.

Environmental laws prohibit or tightly regulate manure stockpile runoff. Some piles can be higher than 25 feet tall and half the length of a football field. Owners who violate the laws face up to $10,000 per incident in fines and costs to replace wildlife and repair any damage caused by their practices.

The U.S. Environmental Protection Agency last month notified state officials that two similar legislative proposals contradicted federal rules.

Advocates say the latest proposal, part of House File 2692, specifically includes the federal guidelines and makes it clear that no discharge from such stockpiles would be legal.

Kuhn tried unsuccessfully Wednesday to remove the stockpiling plan from the proposal during a House Agriculture Committee meeting.

Several lobbyists said Wednesday that it would be highly unlikely that animal confinement producers would locate manure close to homes. The law requires separation distances between animal facilities and homes. Costs to transport manure to other areas would be prohibitive, they said.

"This is a valuable commodity right now. I think you're all aware that fertilizer prices have skyrocketed," said Eldon McAfee, a lobbyist for turkey, poultry, pork and cattle producers. "We're talking about a valuable commodity here that crop farmers want. Our position is that it will be handled with care."

Rep. Dolores Mertz, an Ottosen Democrat and chairwoman of the Agriculture Committee, noted that many livestock facilities can already stockpile manure outside and said the proposal does little.

"We're not really adding a new concept here," Mertz said.

DNR director Rich Leopold said the department set policies requiring indoor storage of manure for animal confinements built in 2006 or later. The proposal before lawmakers would overturn the policy by establishing a law.

"It keeps coming up because we have a persistent share of the industry who feels it's important," Leopold said.

House File 2692 passed the Agriculture Committee unanimously and is now eligible for debate by the full House.

Kuhn said he voted for the bill because it does have other measures to help protect against livestock pollution. He vowed to offer more revisions to remove the manure stockpiling plan as the bill progresses.

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