Title
This chapter shall be known and may be cited as the “Animal Agriculture Compliance Act for Open Feedlot Operations and Animal Truck Wash Facilities”.
Iowa · statute · Iowa Code ch. 459A · 21 active provisions
This chapter shall be known and may be cited as the “Animal Agriculture Compliance Act for Open Feedlot Operations and Animal Truck Wash Facilities”.
As used in this chapter, unless the context otherwise requires: 1. “Alternative technology system” or “alternative system” means a system for open feedlot effluent control as provided in section 459A.303. 2. “Animal” means the same as defined in section 459.102. 3. “Animal feeding operation” means the same as defined i…
For purposes of this chapter, all of the following shall apply: 1. a. Two or more open feedlot operations under common ownership or common management are deemed to be a single open feedlot operation if they are adjacent or utilize a common area or system for open feedlot effluent disposal. b. For purposes of determinin…
1. The commission shall establish by rule adopted pursuant to chapter 17A, requirements relating to the construction, including expansion, or operation of all of the following: a. Open feedlot operations, including any related open feedlot operation structures. b. Animal truck wash facilities, including any related ani…
1. a. Except as provided in paragraph “b”, the requirements of this chapter which regulate open feedlot operations, including rules adopted by the commission pursuant to section 459A.104, shall not apply to research activities and experiments performed under the authority and regulations of a research college, if the r…
1. The department shall adopt and promulgate forms required to be completed in order to comply with this chapter, including forms for documents that the department shall make available on the internet in the same manner as provided in section 459.302. 2. a. The department shall provide for procedures for the receipt, f…
1. a. The department shall approve or disapprove applications for permits for the construction, including the expansion, of the following structures: 1. Settled open feedlot effluent basins and alternative technology systems, which are part of open feedlot operations as provided in this chapter. 2. Animal truck wash ef…
1. A settled open feedlot effluent basin or an unformed animal truck wash effluent structure required to be constructed pursuant to a construction permit issued pursuant to section 459A.205 shall meet design standards as required by a soils and hydrogeologic report. 2. The report shall be submitted with the constructio…
1. The owner of an open feedlot operation who is issued a construction permit for a settled open feedlot effluent basin or the owner of an animal truck wash facility who is issued a construction permit for an animal truck wash effluent structure as provided in section 459A.205 shall submit to the department a construct…
1. The following persons shall develop and implement a nutrient management plan meeting the requirements of this section: a. The owner of an open feedlot operation which has an animal unit capacity of one thousand animal units or more or which is required to be issued an NPDES permit. b. The owner of an animal truck wa…
If the department requires that a settled open feedlot effluent basin or animal truck wash effluent structure be constructed according to construction design standards, regardless of whether the department requires the owner to be issued a construction permit under section 459A.205, any construction design standards fo…
A settled open feedlot effluent basin or an unformed animal truck wash effluent structure required to be constructed pursuant to a construction permit issued pursuant to section 459A.205 shall meet all of the following requirements: 1. a. Prior to constructing a settled open feedlot effluent basin or an unformed animal…
In lieu of using a settled open feedlot effluent basin as provided in section 459A.302 to meet the open feedlot effluent control requirements of section 459A.401, an open feedlot operation may use an alternative technology system for open feedlot effluent control. 1. The alternative technology system must provide an eq…
An open feedlot operation shall provide for the management of open feedlot effluent by using an open feedlot effluent control method as follows: 1. All settleable solids from open feedlot effluent shall be removed prior to discharge into a water of the state. a. The settleable solids shall be removed by use of a solids…
If because of topography or other factors related to the site of an open feedlot operation it is economically or physically impractical to comply with open feedlot effluent control requirements using an open feedlot control method in section 459A.401, the department shall allow the use of other open feedlot effluent co…
A person may stockpile solids, subject to all of the following: 1. a. The person shall not stockpile the solids within the following distances: 1. Four hundred feet from a designated area other than a high-quality water resource. 2. Eight hundred feet from a high-quality water resource. b. The person shall not stockpil…
1. a. An animal truck wash effluent structure shall not be constructed or expanded within one thousand two hundred fifty feet from a residence not owned by the titleholder of the animal truck wash facility, a commercial enterprise, a bona fide religious institution, an educational institution, or a public use area, as…
1. Open feedlot effluent or animal truck wash effluent shall be applied in a manner which does not cause surface water or groundwater pollution. Application in accordance with the provisions of state law, including this chapter, rules adopted pursuant to the provisions of state law, including this chapter, and guidelin…
The owner of an open feedlot operation or animal truck wash facility who discontinues its operation shall remove all effluent from related open feedlot operation structures or animal truck wash effluent structures used to store effluent, as soon as practical but not later than six months following the date the operatio…
The department and the attorney general shall enforce the provisions of this chapter in the same manner as provided in chapter 455B, subchapter I and section 455B.175, unless otherwise provided in this chapter.
A person who violates this chapter shall be subject to a civil penalty which shall be established, assessed, and collected in the same manner as provided in section 455B.191. Any collected civil penalty and interest on a civil penalty shall be credited to the Iowa nutrient research fund created in section 466B.46. A pe…