459.312A Election to be a small animal feeding operation.
1. A person otherwise required to submit an updated manure management plan as required in section 459.312 and pay an annual compliance fee as required in section 459.400 may make a small animal feeding operation election as provided in this section.
2. Upon the effective date of the election, the confinement feeding operation covered by the updated manure management plan shall be considered a small animal feeding operation only for purposes of submitting the updated manure management plan and paying the annual compliance fee, during the period of the election.
3. A person is eligible to make an election only if all of the following apply:
a. The confinement feeding operation has a capacity of five hundred or fewer animal units which shall be calculated by determining all of the following:
(1) The number of animal units housed at the confinement feeding operation at any one time during the period of election.
(2) The animal unit capacity of each confinement feeding operation building that is used to store manure during the period of the election. However, this subparagraph (2) does not apply if a confinement feeding operation building stores manure pursuant to a temporary approval issued by the department. The department shall not issue a temporary approval unless the manure is stored on an emergency basis for a limited period. The department shall establish terms and conditions for a temporary approval. The department may issue one or more extensions to a temporary approval if necessary.
b. The department is notified of the election in a manner required by the department. The department may require that a person submit a notice of election as part of an updated manure management plan form or as a separate document.
4. The department shall provide for the period of election, including its effective and expiration dates. However, the period of election shall be at least for the same period covered by the updated manure management plan. An election automatically terminates when more than five hundred animal units are housed at the confinement feeding operation at any one time.
5. This section does not affect any of the following:
a. A condition associated with a construction permit as provided in this subchapter, including but not limited to a master matrix as provided in section 459.305.
b. A requirement unrelated to filing an updated manure management plan or paying an annual compliance fee, including but not limited to the filing of a construction design statement as provided in section 459.306, the application of manure as provided in section 459.313A, or the certification of a person as a confinement site manure applicator as provided in section 459.315.
2013 Acts, ch 106, §2
Referred to in §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.