Iowa Code
Chapter 459 - ANIMAL AGRICULTURE COMPLIANCE ACT
Section 459.308 - Unformed manure storage structures — construction standards — inspections.

459.308 Unformed manure storage structures — construction standards — inspections.
1. The department shall adopt rules requiring construction design standards for unformed manure storage structures required to be constructed pursuant to a construction permit issued pursuant to section 459.303.
2. The construction design standards for unformed manure storage structures established by the department shall account for special design characteristics of confinement feeding operations, including all of the following:
a. The lining of the structure shall be constructed with materials deemed suitable by the department in order to minimize seepage loss through the lining’s seal.
b. The structure shall be constructed with materials deemed suitable by the department in order to control erosion on the structure’s berm, side slopes, and base.
c. The structure shall be constructed to minimize seepage into near-surface water sources.
d. The top of the floor of the structure’s liner must be above the groundwater table as determined by the department. If the groundwater table is less than two feet below the top of the liner’s floor, the structure shall be installed with a synthetic liner. If the department allows an unformed manure storage structure to be located at a site by permanently lowering the groundwater table, the department shall confirm that the proposed system meets standards necessary to ensure that the structure does not pollute groundwater sources. If the department allows drain tile installed to lower a groundwater table to remain where located, the department shall require that a device be installed to allow monitoring of the water in the drain tile line. The department shall also require the installation of a device to allow shutoff of the drain tile lines, if the drain tile lines do not have a surface outlet accessible on the property where the structure is located.
3. A person shall not construct an unformed manure storage structure on karst terrain or on an area that drains into a known sinkhole. However, a person may construct an unformed manure storage structure, if there is a twenty-five-foot vertical separation distance between the bottom of the unformed manure storage structure and underlying limestone, dolomite, or other soluble rock.
4. a. The department shall conduct a routine inspection of each unformed manure storage structure at least once each year. A routine inspection conducted pursuant to this subsection shall be limited to a visual inspection of the site where the unformed manure storage structure is located. The department shall inspect the site at a reasonable time after providing at least twenty-four hours’ notice to the person owning or managing the confinement feeding operation. The visual inspection shall include, but not be limited to, determining whether any of the following exists:
(1) An adequate freeboard level.
(2) The seepage of manure from the unformed manure storage structure.
(3) Erosion.
(4) Inadequate vegetation cover.
(5) The presence of an opening allowing manure to drain from the unformed manure storage structure.
b. Nothing in this subsection restricts the department from conducting an inspection of a confinement feeding operation which is not routine.
98 Acts, ch 1209, §36
C99, §455B.205
2002 Acts, ch 1137, §47 – 49, 67, 68, 71;
2002 Acts, 2nd Ex, ch 1003, §259 – 261
C2003, §459.308
2003 Acts, ch 84, §2, 6
Referred to in §459.303

Structure Iowa Code

Iowa Code

Title XI - NATURAL RESOURCES

Chapter 459 - ANIMAL AGRICULTURE COMPLIANCE ACT

Section 459.101 - Title.

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 459.203 - Separation distance requirements for confinement feeding operations — expansion of prior constructed operations.

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 459.304 - Construction permit application procedure — county participation — comments — master matrix.

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 459.311B - Stockpiling dry manure — minimum separation distance requirements and prohibitions.

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 459.313B - Application of liquid manure on snow covered ground or frozen ground — annual report.

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 459.320 - Exception from regulation — election for confinement feeding operations confining fish.

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 459.506 - 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.

Section 459.605 - Habitual violators — permit restrictions.