459.601 Animal feeding operations — investigations and enforcement actions.
1. A person may file a complaint alleging that an animal feeding operation is in violation of this chapter, including rules adopted by the department, or environmental standards or regulations subject to federal law and enforced by the department.
a. The complaint may be filed with the department according to procedures required by the department or with the county board of supervisors in the county where the violation is alleged to have occurred, according to procedures required by the board. The county auditor may accept the complaint on behalf of the board.
b. If the county board of supervisors receives a complaint, it shall conduct a review to determine if the allegation contained in the complaint constitutes a violation, without investigating whether the facts supporting the allegation are true or untrue.
(1) If the county board of supervisors determines that the allegation does not constitute a violation, it shall notify the complainant, the animal feeding operation which is the subject of the complaint, and the department, according to rules adopted by the department.
(2) If the county board of supervisors determines that the allegation constitutes a violation, it shall forward the complaint to the department which shall investigate the complaint as provided in this section.
c. If the department receives a complaint from a complainant or a county forwarding a complaint, the department shall conduct an investigation of the complaint if the department determines that the complaint is legally sufficient and an investigation is justified. The department shall receive a complaint filed by a complainant, regardless of whether the complainant has filed a complaint with a county board of supervisors.
(1) The department in its discretion shall determine the urgency of the investigation, and the time and resources required to complete the investigation, based upon the circumstances of the case, including the severity of a threat to the quality of surface or subsurface water.
(2) The department shall notify the county board of supervisors in the county where the violation is alleged to occur prior to investigating the premises of the alleged violation. However, the department is not required to provide notice if the department determines that a clear, present, and impending danger to the public health or environment requires immediate action.
(3) The county board of supervisors may designate a county employee to accompany a departmental official during the investigation of the premises of a confinement feeding operation. The county designee shall have the same right of access to the real estate of the premises as the departmental official conducting the inspection during the period that the county designee accompanies the departmental official.
(4) Upon the completion of an investigation, the department shall notify the complainant of the results of the investigation, including any anticipated, pending, or completed enforcement action arising from the investigation. The department shall deliver a copy of the notice to the animal feeding operation that is the subject of the complaint and the board of supervisors of the county where the violation is alleged to have occurred.
d. A county board of supervisors or the department is not required to divulge information regarding the identity of the complainant.
2. a. The department and the attorney general shall enforce the provisions of this chapter in the same manner as provided in chapter 455B, subchapter I.
b. The department and the attorney general may enforce the provisions of subchapter III in the same manner as provided in section 455B.175.
3. When entering the premises of an animal feeding operation, a person who is a departmental official, an agent of the department, or a person accompanying the departmental official or agent shall comply with section 455B.103. The person shall also comply with standard biosecurity requirements customarily required by the animal feeding operation which are necessary in order to control the spread of disease among an animal population.
95 Acts, ch 195, §13
CS95, §455B.110
98 Acts, ch 1209, §11, 53; 99 Acts, ch 96, §39; 2002 Acts, ch 1137, §3, 68, 71
; 2002 Acts, 2nd Ex, ch 1003, §260, 262
C2003, §459.601
2007 Acts, ch 82, §3; 2021 Acts, ch 76, §150
Code editor directive applied
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.