459.506 Cleanup.
1. a. A county that has acquired real estate on which there is located a confinement feeding operation following the nonpayment of taxes pursuant to section 446.19, may provide for cleanup, including removing and disposing of manure at any time, remediating contamination which originates from the confinement feeding operation, or demolishing and disposing of structures relating to the confinement feeding operation. The county may seek reimbursement including by bringing an action for the costs of the cleanup from the person abandoning the real estate.
b. If the confinement feeding operation has caused a clear, present, and impending danger to the public health or the environment, the department may clean up the confinement feeding operation and remediate contamination which originates from the confinement feeding operation, pursuant to sections 455B.381 through 455B.399. If the department fails to commence cleanup within twenty-four hours after being notified of a condition requiring cleanup, the county may provide for the cleanup as provided in this paragraph. The department or county may seek reimbursement including by bringing an action for the costs of the cleanup from a person liable for causing the condition.
2. A person cleaning up a confinement feeding operation located on real estate acquired by a county may demolish or dispose of any building or equipment of the confinement feeding operation located on the land according to rules adopted by the department pursuant to chapter 17A, which apply to the disposal of farm buildings or equipment by an individual or business organization.
95 Acts, ch 195, §8
CS95, §204.5
98 Acts, ch 1209, §8, 50
C99, §455J.7
2002 Acts, ch 1137, §68, 71;
2002 Acts, 2nd Ex, ch 1003, §260, 262
C2003, §459.506
Referred to in §459.504, 459.505
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.