459.201 Special terms.
For purposes of this subchapter, all of the following shall apply:
1. Two or more animal feeding operations under common ownership or management are deemed to be a single animal feeding operation if they are adjacent or utilize a common system for manure storage. For purposes of determining whether two or more confinement feeding operations are adjacent, all of the following must apply:
a. At least one confinement feeding operation structure must be constructed on or after March 21, 1996.
b. A confinement feeding operation structure which is part of one confinement feeding operation is separated by less than a minimum required distance from a confinement feeding operation structure which is part of the other confinement feeding operation. The minimum required distance shall be as follows:
(1) (a) One thousand two hundred fifty feet for a confinement feeding operation having an animal unit capacity of less than three thousand animal units for animals other than swine maintained as part of a swine farrowing and gestating operation or farrow-to-finish operation, or cattle maintained as part of a cattle operation.
(b) One thousand two hundred fifty feet for a confinement feeding operation having an animal unit capacity of less than one thousand two hundred fifty animal units for swine maintained as part of a farrowing and gestating operation, less than two thousand seven hundred animal units for swine maintained as part of a farrow-to-finish operation, or less than four thousand animal units for cattle maintained as part of a cattle operation.
(2) (a) One thousand five hundred feet for a confinement feeding operation having an animal unit capacity of three thousand or more but less than five thousand animal units for animals other than swine maintained as part of a swine farrowing and gestating operation or farrow-to-finish operation, or cattle maintained as part of a cattle operation.
(b) One thousand five hundred feet for a confinement feeding operation having an animal unit capacity of one thousand two hundred fifty or more but less than two thousand animal units for swine maintained as part of a swine farrowing and gestating operation, two thousand seven hundred or more but less than five thousand four hundred animal units for swine maintained as part of a farrow-to-finish operation, or four thousand or more but less than six thousand five hundred animal units for cattle maintained as part of a cattle operation.
(3) (a) Two thousand five hundred feet for a confinement feeding operation having an animal unit capacity of five thousand or more animal units for animals other than swine maintained as part of a swine farrowing and gestating operation or farrow-to-finish operation, or cattle maintained as part of a cattle operation.
(b) Two thousand five hundred feet for a confinement feeding operation having an animal unit capacity of two thousand or more animal units for swine maintained as part of a swine farrowing and gestating operation, five thousand four hundred animal units or more for swine maintained as part of a farrow-to-finish operation, or six thousand five hundred or more animal units for cattle maintained as part of a cattle operation.
2. A confinement feeding operation structure is “constructed” when any of the following occurs:
a. Excavation for a proposed confinement feeding operation structure or proposed expansion of an existing confinement feeding operation structure, including excavation for the footings of the confinement feeding operation structure.
b. Forms for concrete are installed for a proposed confinement feeding operation structure or the proposed expansion of an existing confinement feeding operation structure.
c. Piping for the movement of manure is installed within or between confinement feeding operation structures as proposed or proposed to be expanded.
3. In calculating the animal unit capacity of a confinement feeding operation, the animal unit capacity shall include the animal unit capacity of all confinement feeding operation buildings which are part of the confinement feeding operation, unless a confinement feeding operation building has been abandoned.
4. A confinement feeding operation structure is abandoned if the confinement feeding operation structure has been razed, removed from the site of a confinement feeding operation, filled in with earth, or converted to uses other than a confinement feeding operation structure so that it cannot be used as a confinement feeding operation structure without significant reconstruction.
5. All distances between locations of objects provided in this part shall be measured in feet from their closest points, as provided by rules adopted by the department. However, a distance between a public thoroughfare and a confinement feeding operation structure shall be measured from the portion of the right-of-way which is closest to the confinement feeding operation structure.
98 Acts, ch 1209, §14, 53
C99, §455B.161A
2002 Acts, ch 1137, §9, 10, 67, 68, 71;
2002 Acts, 2nd Ex, ch 1003, §260, 262
C2003, §459.201
Referred to in §459.102, 459.301
Structure Iowa Code
Chapter 459 - ANIMAL AGRICULTURE COMPLIANCE ACT
Section 459.102 - Definitions.
Section 459.103 - General authority — commission and department.
Section 459.201 - Special terms.
Section 459.202 - Confinement feeding operations structures — separation distances.
Section 459.204 - Liquid manure application — separation distance.
Section 459.204A - Stockpiling dry manure.
Section 459.204B - Stockpiling dry manure — minimum separation distance requirements.
Section 459.205 - Separation distance requirements — exemptions.
Section 459.206 - Qualified confinement feeding operations — manure storage structures.
Section 459.207 - Animal feeding operations — airborne pollutants control.
Section 459.301 - Special terms.
Section 459.302 - Document processing requirements.
Section 459.303 - Confinement feeding operations — permit requirements.
Section 459.305 - Master matrix.
Section 459.306 - Construction design statement — formed manure storage structures.
Section 459.307 - Construction design standards — formed manure storage structures.
Section 459.308 - Unformed manure storage structures — construction standards — inspections.
Section 459.309 - Settled open feedlot effluent basins — construction design standards.
Section 459.310 - Distance requirements.
Section 459.311 - Minimum requirements for manure control.
Section 459.311A - Stockpiling dry manure.
Section 459.311C - Stockpiling dry manure on terrain other than karst terrain.
Section 459.311D - Stockpiling dry manure on karst terrain.
Section 459.311E - Stockpiling — required practices.
Section 459.312 - Manure management plan — requirements.
Section 459.312A - Election to be a small animal feeding operation.
Section 459.313 - Manure application — rules.
Section 459.313A - Application of manure on land — snow covered ground and frozen ground.
Section 459.314 - Application of manure near designated areas.
Section 459.314A - Licensure — commercial manure service.
Section 459.314B - Disciplinary action — commercial manure service.
Section 459.315 - Certification and education requirements.
Section 459.315A - Disciplinary action — commercial manure service representatives.
Section 459.317 - Habitual violators — pending actions — restrictions on construction.
Section 459.318 - Exception from regulation — research colleges.
Section 459.319 - Exception from regulation — stockpiling.
Section 459.400 - Compliance fees.
Section 459.401 - Animal agriculture compliance fund.
Section 459.402 - Animal agriculture compliance fees — delinquencies.
Section 459.403 - County assessment of fees prohibited.
Section 459.501 - Livestock remediation fund.
Section 459.502 - Indemnity fees required — construction permits.
Section 459.503 - Indemnity fee required — manure management plan.
Section 459.503A - Indemnity fee — waiver and reinstatement.
Section 459.504 - Use of fund for emergency cleanup.
Section 459.505 - Use of moneys by counties for cleanup.
Section 459.507 - No state obligation.
Section 459.508 - Departmental rules.
Section 459.601 - Animal feeding operations — investigations and enforcement actions.
Section 459.602 - Air quality violations — civil penalty.
Section 459.603 - Water quality violations — civil penalty.
Section 459.604 - Habitual violators — classification — penalties.