reglab/statecodes huggingface dataset:
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 459 - ANIMAL AGRICULTURE COMPLIANCE ACT › Section 459.311 - Minimum requirements for manure control.

459.311 Minimum requirements for manure control.
1. A confinement feeding operation shall retain all manure produced by the operation between periods of manure disposal. For purposes of this section, dry manure may be retained by stockpiling as provided in this subchapter. A confinement feeding operation shall not discharge manure directly into water of the state or into a tile line that discharges directly into water of the state.
2. Notwithstanding subsection 1, a confinement feeding operation that is a concentrated animal feeding operation as defined in
40 C.F.R. §122.23(b)
shall comply with applicable national pollutant discharge elimination system permit requirements as provided in the federal Water Pollution Control Act, 33 U.S.C. ch. 26, as amended, and
40 C.F.R. pts. 122 and 412
, pursuant to rules that shall be adopted by the commission. Any rules adopted pursuant to this subsection shall be no more stringent than requirements under the federal Water Pollution Control Act, 33 U.S.C. ch. 26, as amended, and
40 C.F.R. pts. 122 and 412
.
3. Manure from an animal feeding operation shall be disposed of in a manner which will not cause surface water or groundwater pollution. Disposal in accordance with the provisions of state law, including this chapter, rules adopted pursuant to the provisions of state law, including this chapter, guidelines adopted pursuant to this chapter, and section 459.314, shall be deemed as compliance with this requirement.
4. The department may require that the owner of a confinement feeding operation install and operate a water pollution monitoring system as part of an unformed manure storage structure.
5. The owner of the confinement feeding operation which discontinues the use of the operation shall remove all manure from related confinement feeding operation structures used to store manure, by a date specified in an order issued to the operation by the department, or six months following the date that the confinement feeding operation is discontinued, whichever is earlier.
95 Acts, ch 195, §24
CS95, §455B.201
98 Acts, ch 1209, §28; 99 Acts, ch 114, §57; 2002 Acts, ch 1137, §37, 68, 71
; 2002 Acts, 2nd Ex, ch 1003, §259, 260, 262
C2003, §459.311
2009 Acts, ch 38, §8, 16; 2010 Acts, ch 1029, §2
Referred to in §459.311E, 459.313A, 459.318, 459.319, 459B.307
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 459 - ANIMAL AGRICULTURE COMPLIANCE ACT › Section 459.311A - Stockpiling dry manure.

459.311A Stockpiling dry manure.
A person may stockpile dry manure so long as the person stockpiles the dry manure in compliance with restrictions applicable to stockpiling as provided in this subchapter and subchapter II.
2009 Acts, ch 38, §9, 16
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 459 - ANIMAL AGRICULTURE COMPLIANCE ACT › Section 459.311B - Stockpiling dry manure — minimum separation distance requirements and prohibitions.

459.311B Stockpiling dry manure — minimum separation distance requirements and prohibitions.
1. A person shall not stockpile dry manure within the following distances from any of the following:
a. A terrace tile inlet or surface tile inlet, two hundred feet. However, this paragraph does not apply to a person who stockpiles the dry manure in a manner that does not allow precipitation-induced runoff to drain from the stockpile to the terrace tile inlet or surface tile inlet. A terrace tile inlet or surface tile inlet does not include a tile inlet that is not directly connected to a tile line that discharges directly into a water of the state.
b. (1) A designated area, four hundred feet. However, an increased separation distance of eight hundred feet shall apply to all of the following:
(a) A high-quality water resource.
(b) An agricultural drainage well.
(c) A known sinkhole.
(2) Subparagraph (1) does not apply to a person who stockpiles dry manure in a manner that does not allow precipitation-induced runoff to drain from the stockpile to the designated area.
2. A person shall not stockpile dry manure in a grassed waterway.
3. A person shall not stockpile dry manure on land having a slope of more than three percent. However, this subsection shall not apply to a person who stockpiles dry manure using methods, structures, or practices that contain the stockpile, including but not limited to silt fences, temporary earthen berms, or other effective measures, and that prevent or diminish precipitation-induced runoff from the stockpile.
2009 Acts, ch 38, §10, 16
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 459 - ANIMAL AGRICULTURE COMPLIANCE ACT › Section 459.311C - Stockpiling dry manure on terrain other than karst terrain.

459.311C Stockpiling dry manure on terrain other than karst terrain.
A person stockpiling dry manure on terrain, other than karst terrain, for more than fifteen consecutive days shall comply with any of the following:
1. Stockpile dry manure using any of the following:
a. A qualified stockpile structure.
b. A qualified stockpile cover. However, the person shall not stockpile dry manure using a qualified stockpile cover at a long-term stockpile location unless the person stockpiles the dry manure on compacted soil, compacted granular aggregates, asphalt, concrete, or other similar materials.
2. Deliver a stockpile inspection statement to the department as follows:
a. The department must receive the statement by the fifteenth day of each month.
b. The stockpile inspection statement shall provide the location of the stockpile and document the results of an inspection conducted by the person during the previous month. The inspection must evaluate whether precipitation-induced runoff is draining away from the stockpile and, if so, describe actions taken to prevent the runoff. If an inspection by the department documents that precipitation-induced runoff is draining away from a stockpile, the person shall immediately remove dry manure from the stockpile in compliance with this chapter or comply with all directives of the department to prevent the runoff.
c. The stockpile inspection statement must be in writing and may be on a form prescribed by the department.
2009 Acts, ch 38, §11, 16
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 459 - ANIMAL AGRICULTURE COMPLIANCE ACT › Section 459.311D - Stockpiling dry manure on karst terrain.

459.311D Stockpiling dry manure on karst terrain.
A person stockpiling dry manure on karst terrain shall comply with all of the following:
1. The person shall stockpile the dry manure at a location where there is a vertical separation distance of at least five feet between the bottom of the stockpile and the underlying limestone, dolomite, or other soluble rock.
2. A person who stockpiles dry manure for more than fifteen consecutive days shall use any of the following:
a. A qualified stockpile structure.
b. A qualified stockpile cover. However, the person shall not stockpile dry manure using a qualified stockpile cover at a long-term stockpile location unless the stockpile is located on reinforced concrete at least five inches thick.
2009 Acts, ch 38, §12, 16
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 459 - ANIMAL AGRICULTURE COMPLIANCE ACT › Section 459.311E - Stockpiling — required practices.

459.311E Stockpiling — required practices.
1. A person stockpiling dry manure shall comply with applicable requirements of the national pollutant discharge elimination system pursuant to the federal Water Pollution Control Act, 33 U.S.C. ch. 26, as amended, and
40 C.F.R. pts. 122 and 412
.
2. A person stockpiling dry manure shall remove the dry manure and apply it in accordance with the provisions of this chapter, including but not limited to section 459.311, within six months after the dry manure is first stockpiled.
2009 Acts, ch 38, §13, 16
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 459 - ANIMAL AGRICULTURE COMPLIANCE ACT › Section 459.312A - Election to be a small animal feeding operation.

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
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 459 - ANIMAL AGRICULTURE COMPLIANCE ACT › Section 459.313 - Manure application — rules.

459.313 Manure application — rules.
1. The department shall adopt rules governing the application of manure originating from an anaerobic lagoon or aerobic structure which is part of a confinement feeding operation. The rules shall establish application rates and practices to minimize groundwater or surface water pollution resulting from application, including pollution caused by runoff or other manure flow resulting from precipitation events. The rules shall establish different application rates and practices based on the water holding capacity of the soil at the time of application.
2. A person shall not apply manure by spray irrigation equipment, except as provided by rules adopted by the department pursuant to chapter 17A. However, a person shall not use restricted spray irrigation equipment to apply manure originating from a confinement feeding operation, unless the manure has been diluted as provided by rules adopted by the department, including diluted by use of an anaerobic lagoon.
98 Acts, ch 1209, §34, 53
C99, §455B.203B
2002 Acts, ch 1137, §68, 71;
2002 Acts, 2nd Ex, ch 1003, §259, 260, 262
C2003, §459.313
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 459 - ANIMAL AGRICULTURE COMPLIANCE ACT › Section 459.314 - Application of manure near designated areas.

459.314 Application of manure near designated areas.
1. The department shall adopt rules relating to the application of manure in close proximity to a designated area.
2. Except as otherwise provided in this subsection, a person shall not apply manure on land located within two hundred feet from a designated area, unless one of the following applies:
a. The manure is land-applied by injection or incorporation on the same date as the manure was land-applied.
b. An area of permanent vegetation cover, including filter strips and riparian forest buffers, exists for fifty feet surrounding the designated area other than an unplugged agricultural drainage well or surface intake to an unplugged agricultural drainage well, and the area of permanent vegetation cover is not subject to manure application.
c. The department adopts rules requiring an increased separation distance for the application of manure located in proximity to a high-quality water resource in order to protect the integrity of the high-quality water resource. However, the department shall not provide for an increased separation distance requirement that is more than four times the separation distance requirement otherwise applicable under this section.
95 Acts, ch 195, §3
CS95, §159.27
98 Acts, ch 1209, §50
C99, §455B.204A
2002 Acts, ch 1137, §46, 68, 71;
2002 Acts, 2nd Ex, ch 1003, §259, 260, 262
C2003, §459.314
2009 Acts, ch 38, §14, 16
Referred to in §459.311, 459A.410
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 459 - ANIMAL AGRICULTURE COMPLIANCE ACT › Section 459.314A - Licensure — commercial manure service.

459.314A Licensure — commercial manure service.
A person shall not engage in the business of a commercial manure service unless the department issues the person a commercial manure service license under this section.
1. The department shall not issue a license to a commercial manure service unless each manager of the commercial manure service is certified as a commercial manure service representative pursuant to section 459.315.
2. The department shall not issue a license to a commercial manure service if the license for the commercial manure service has been revoked within the previous three years or a person who holds a controlling interest in the commercial manure service held a controlling interest in another commercial service which has been revoked within the previous three years.
3. The department may impose conditions or limitations upon the license. However, the issuance of a license shall not be conditioned upon providing a bond or maintaining a certain financial condition. A commercial manure service shall be issued a single license regardless of the number of sites where the commercial manure service operates offices.
4. A license application must be submitted to the department on a form furnished by the department according to procedures required by the department. The license shall expire on March 1 of each year.
5. A commercial manure service shall be charged a license fee as provided in section 459.400.
2003 Acts, ch 163, §4, 23
Referred to in §459.400
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 459 - ANIMAL AGRICULTURE COMPLIANCE ACT › Section 459.314B - Disciplinary action — commercial manure service.

459.314B Disciplinary action — commercial manure service.
The department may issue an order to suspend or revoke the license of a commercial manure service as provided in chapter 17A, including an order to immediately suspend or revoke the license pursuant to section 17A.18A. The department may suspend or revoke the license of a commercial manure service for an applicable violation of this chapter. In addition, the department may suspend or revoke a commercial manure service’s license for any of the following:
1. Committing a fraudulent act, including but not limited to engaging in a deceptive act or practice, deliberately misrepresenting or omitting a material fact in the license application, or submitting a statement verifying that an employee may be substituted for certification without paying a fee as provided in section 459.400.
2. Knowingly assisting a person in evading the provisions of this chapter.
3. Knowingly employing or executing a contract with a person who acts as a commercial manure service representative and who is not certified pursuant to section 459.315.
2003 Acts, ch 163, §5, 23; 2007 Acts, ch 126, §81
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 459 - ANIMAL AGRICULTURE COMPLIANCE ACT › Section 459.315A - Disciplinary action — commercial manure service representatives.

459.315A Disciplinary action — commercial manure service representatives.
The department may issue an order to suspend or revoke the certification of a commercial manure service representative for a violation of this chapter. The department shall issue an order for the suspension or revocation of a certificate as provided in chapter 17A. The department may issue an order to immediately suspend or revoke the certification notwithstanding section 17A.18.
2003 Acts, ch 163, §12, 23
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 459 - ANIMAL AGRICULTURE COMPLIANCE ACT › Section 459.318 - Exception from regulation — research colleges.

459.318 Exception from regulation — research colleges.
1. As used in this section, “research college” means an accredited public or private college or university, including but not limited to a university under the control of the state board of regents as provided in chapter 262, or a community college under the jurisdiction of a board of directors for a merged area as provided in chapter 260C, if the college or university performs research or experimental activities regarding animal agriculture or agronomy.
2. The requirements of this subchapter which regulate animal feeding operations, including rules adopted by the department pursuant to section 459.103, shall not apply to research activities and experiments performed under the authority and regulations of a research college, if the research activities and experiments relate to animal feeding operations, including but not limited to the confinement of animals and the storage and disposal of manure originating from animal feeding operations.
3. This section shall not apply to requirements provided in any of the following:
a. Section 459.311, including rules adopted by the department under that section.
b. Section 459.310, including rules adopted by the department under that section.
98 Acts, ch 1209, §37
C99, §455B.206
2002 Acts, ch 1137, §68, 71;
2002 Acts, 2nd Ex, ch 1003, §259, 260, 262
C2003, §459.318
Referred to in §459.303
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 459 - ANIMAL AGRICULTURE COMPLIANCE ACT › Section 459.319 - Exception from regulation — stockpiling.

459.319 Exception from regulation — stockpiling.
1. This subchapter shall not apply to a person who stockpiles dry manure if the stockpile’s dry manure originates from a confinement feeding operation that was constructed prior to January 1, 2006, unless the confinement feeding operation is expanded after that date.
2. Subsection 1 does not apply to any of the following:
a. A person who stockpiles dry manure in violation of section 459.311.
b. A stockpile where precipitation-induced runoff has drained away.
2009 Acts, ch 38, §15, 16
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 459 - ANIMAL AGRICULTURE COMPLIANCE ACT › Section 459.320 - Exception from regulation — election for confinement feeding operations confining fish.

459.320 Exception from regulation — election for confinement feeding operations confining fish.
A person who exclusively confines fish as part of a confinement feeding operation may elect to comply with the permitting requirements of section 455B.183 in lieu of the permitting requirements of this subchapter.
2012 Acts, ch 1085, §3
Compliance with applicable national pollutant discharge elimination system permit provisions required, see
2012 Acts, ch 1085, §4
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 459 - ANIMAL AGRICULTURE COMPLIANCE ACT › Section 459.402 - Animal agriculture compliance fees — delinquencies.

459.402 Animal agriculture compliance fees — delinquencies.
If a fee imposed under this chapter for deposit into the animal agriculture compliance fund is delinquent, the department may charge interest on any amount of the fee that is delinquent. The rate of interest shall not be more than the current rate published in the Iowa administrative bulletin by the department of revenue pursuant to section 421.7. The interest amount shall be computed from the date that the fee is delinquent, unless the department designates a later date. The interest amount shall accrue for each month in which a delinquency is calculated as provided in section 421.7, and counting each fraction of a month as an entire month. The interest amount shall become part of the amount of the fee due.
2002 Acts, ch 1137, §5, 68, 71;
2002 Acts, 2nd Ex, ch 1003, §259, 260, 262
; 2003 Acts, ch 145, §286
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 459 - ANIMAL AGRICULTURE COMPLIANCE ACT › Section 459.403 - County assessment of fees prohibited.

459.403 County assessment of fees prohibited.
A county shall not assess or collect a fee under this chapter for the regulation of animal agriculture, including but not limited to any fee related to the filing, consideration, or evaluation of an application for a construction permit pursuant to section 459.303 or the filing of a manure management plan pursuant to section 459.312.
2002 Acts, ch 1137, §4, 68, 71;
2002 Acts, 2nd Ex, ch 1003, §259, 260, 262
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 459 - ANIMAL AGRICULTURE COMPLIANCE ACT › Section 459.502 - Indemnity fees required — construction permits.

459.502 Indemnity fees required — construction permits.
1. An indemnity fee shall be assessed upon permittees which shall be paid to and collected by the department, prior to issuing a permit for the construction of a confinement feeding operation as provided in section 459.303. The amount of the fees shall be based on the following:
a. If the confinement feeding operation has an animal unit capacity of less than one thousand animal units, the following shall apply:
(1) For all animals other than poultry, the amount of the fee shall be ten cents per animal unit of capacity for confinement feeding operations.
(2) For poultry, the amount of the fee shall be four cents per animal unit of capacity for confinement feeding operations.
b. If the confinement feeding operation has an animal unit capacity of one thousand or more animal units but less than three thousand animal units, the following shall apply:
(1) For all animals other than poultry, the amount of the fee shall be fifteen cents per animal unit of capacity for confinement feeding operations.
(2) For poultry, the amount of the fee shall be six cents per animal unit of capacity for confinement feeding operations.
c. If the confinement feeding operation has an animal unit capacity of three thousand or more animal units, the following shall apply:
(1) For all animals other than poultry, the amount of the fee shall be twenty cents per animal unit of capacity for confinement feeding operations.
(2) For poultry, the amount of the fee shall be eight cents per animal unit of capacity for confinement feeding operations.
2. The department shall deposit moneys collected from the fees into the livestock remediation fund according to procedures adopted by the department.
95 Acts, ch 195, §6
CS95, §204.3
98 Acts, ch 1209, §4, 50
C99, §455J.3
2002 Acts, ch 1137, §54 – 56, 68, 71
; 2002 Acts, 2nd Ex, ch 1003, §260, 262
C2003, §459.502
2011 Acts, ch 25, §143; 2012 Acts, ch 1021, §82
Referred to in §459.102, 459.303, 459.501, 459.503A
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 459 - ANIMAL AGRICULTURE COMPLIANCE ACT › Section 459.503 - Indemnity fee required — manure management plan.

459.503 Indemnity fee required — manure management plan.
An indemnity fee shall be assessed upon persons required to submit an original manure management plan as provided in section 459.312, but not required to obtain a construction permit pursuant to section 459.303. A person required to submit a replacement original manure management plan shall not be assessed an indemnity fee. The amount of the fee shall be ten cents per animal unit of capacity for the confinement feeding operation covered by the manure management plan.
98 Acts, ch 1209, §5, 50
C99, §455J.4
2002 Acts, ch 1137, §57, 68, 71;
2002 Acts, 2nd Ex, ch 1003, §260, 262
C2003, §459.503
Referred to in §459.102, 459.501, 459.503A
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 459 - ANIMAL AGRICULTURE COMPLIANCE ACT › Section 459.503A - Indemnity fee — waiver and reinstatement.

459.503A Indemnity fee — waiver and reinstatement.
The indemnity fee required under sections 459.502 and 459.503 shall be waived and the fee shall not be assessable or owing if, at the end of any three-month period, unobligated and unencumbered moneys in the livestock remediation fund, not counting the department’s estimate of the cost to the fund for pending or unsettled claims, exceed three million dollars. The department shall reinstate the indemnity fee under those sections if unobligated and unencumbered moneys in the fund, not counting the department’s estimate of the cost to the fund for pending or unsettled claims, are less than two million dollars.
2003 Acts, ch 52, §4, 6; 2011 Acts, ch 81, §11
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 459 - ANIMAL AGRICULTURE COMPLIANCE ACT › Section 459.504 - Use of fund for emergency cleanup.

459.504 Use of fund for emergency cleanup.
If the department provides cleanup of a condition caused by a confinement feeding operation as provided in section 459.506, the department may use moneys in the fund for purposes of supporting the cleanup. The department shall reimburse the fund from moneys recovered by the department as reimbursement for the cleanup as provided in section 459.506.
98 Acts, ch 1209, §7, 50
C99, §455J.6
2002 Acts, ch 1137, §68, 71;
2002 Acts, 2nd Ex, ch 1003, §260, 262
C2003, §459.504
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 459 - ANIMAL AGRICULTURE COMPLIANCE ACT › Section 459.506 - Cleanup.

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
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 459 - ANIMAL AGRICULTURE COMPLIANCE ACT › Section 459.507 - No state obligation.

459.507 No state obligation.
This subchapter does not imply any guarantee or obligation on the part of this state, or any of its agencies, employees, or officials, either elective or appointive, with respect to any agreement or undertaking to which this subchapter relates.
95 Acts, ch 195, §9
CS95, §204.6
98 Acts, ch 1209, §50
C99, §455J.8
2002 Acts, ch 1137, §68, 71;
2002 Acts, 2nd Ex, ch 1003, §260, 262
C2003, §459.507
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 459 - ANIMAL AGRICULTURE COMPLIANCE ACT › Section 459.508 - Departmental rules.

459.508 Departmental rules.
The department shall adopt administrative rules pursuant to chapter 17A necessary to administer this subchapter.
95 Acts, ch 195, §10
CS95, §204.7
98 Acts, ch 1209, §50
C99, §455J.9
2002 Acts, ch 1137, §68, 71;
2002 Acts, 2nd Ex, ch 1003, §260, 262
C2003, §459.508
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 459 - ANIMAL AGRICULTURE COMPLIANCE ACT › Section 459.602 - Air quality violations — civil penalty.

459.602 Air quality violations — civil penalty.
A person who violates subchapter II shall be subject to a civil penalty which shall be established, assessed, and collected in the same manner as provided in section 455B.109. Any collected civil penalty and interest on a civil penalty shall be credited to the Iowa nutrient research fund created in section 466B.46.
2002 Acts, ch 1137, §24, 68, 71
; 2002 Acts, 2nd Ex, ch 1003, §260, 262
; 2011 Acts, ch 128, §36, 45; 2016 Acts, ch 1134, §27, 34
Referred to in §455B.109, 459B.402, 466B.46
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 459 - ANIMAL AGRICULTURE COMPLIANCE ACT › Section 459.603 - Water quality violations — civil penalty.

459.603 Water quality violations — civil penalty.
A person who violates subchapter III shall be subject to a civil penalty which shall be established, assessed, and collected in the same manner as provided in section 455B.109 or 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.
2002 Acts, ch 1137, §51, 68, 71
; 2002 Acts, 2nd Ex, ch 1003, §259, 260, 262
; 2007 Acts, ch 82, §4; 2011 Acts, ch 128, §37, 45; 2016 Acts, ch 1134, §28, 34
Referred to in §455B.109, 459.312, 459A.502, 459B.402, 466B.46
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 459 - ANIMAL AGRICULTURE COMPLIANCE ACT › Section 459.605 - Habitual violators — permit restrictions.

459.605 Habitual violators — permit restrictions.
For five years after the date of the last violation of this chapter committed by a person or by a confinement feeding operation in which the person holds a controlling interest during which the person or confinement feeding operation was classified as a habitual violator under section 459.604, all of the following shall apply:
1. The department may not issue a new permit under this chapter to the person or confinement feeding operation.
2. The department may revoke or refuse to renew an existing permit issued under this chapter to the person or confinement feeding operation, if the permit relates to a confinement feeding operation and the department determines that the continued operation of the confinement feeding operation under the existing permit constitutes a clear, present, and impending danger to the public health or environment.
2002 Acts, ch 1137, §26, 67, 68, 71;
2002 Acts, 2nd Ex, ch 1003, §260, 262
For restrictions imposed on the right of a person classified as a “chronic violator” or a “habitual violator” to raise a defense against a nuisance suit brought against a confinement feeding operation, see §657.11 and 657.11A
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 459A - OPEN FEEDLOT OPERATIONS AND ANIMAL TRUCK WASH FACILITIES › Section 459A.101 - Title.

459A.101 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”.
2005 Acts, ch 136, §1; 2015 Acts, ch 92, §1
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 459A - OPEN FEEDLOT OPERATIONS AND ANIMAL TRUCK WASH FACILITIES › Section 459A.104 - General authority — commission and department — purpose — compliance.

459A.104 General authority — commission and department — purpose — compliance.
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 animal truck wash effluent structures.
2. Any provision referring generally to compliance with the requirements of this chapter as applied to open feedlot operations or animal truck wash facilities also includes compliance with requirements in rules adopted by the commission pursuant to this section, orders issued by the department as authorized under this chapter, and the terms and conditions applicable to licenses, certifications, permits, or nutrient management plans required under this chapter.
3. a. The purpose of this chapter is to provide requirements relating to the construction, including the expansion, and operation of all of the following:
(1) Open feedlot operations, and the control of open feedlot effluent.
(2) Animal truck wash facilities, and the control of animal truck wash effluent.
b. The provisions of this chapter shall be construed to supplement applicable provisions of chapter 459. If there is a conflict between the provisions of this chapter and chapter 459, the provisions of this chapter shall prevail.
2005 Acts, ch 136, §4; 2015 Acts, ch 92, §9
Referred to in §459A.105, 459A.404
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 459A - OPEN FEEDLOT OPERATIONS AND ANIMAL TRUCK WASH FACILITIES › Section 459A.105 - Exceptions to regulation.

459A.105 Exceptions to regulation.
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 research activities and experiments relate to an open feedlot operation structure or the disposal or treatment of effluent originating from an open feedlot operation.
b. The requirements of section 459A.410, including rules adopted by the commission under that section, apply to research activities and experiments performed under the authority and regulations of a research college.
2. a. Except as provided in paragraph “b”, the requirements of this chapter, including rules adopted by the commission pursuant to section 459A.104, shall not apply to a small animal truck wash facility.
b. (1) The requirements of section 459A.205, including rules adopted by the commission pursuant to that section, shall apply to a small animal truck wash facility only to the extent required by section 459A.205, subsection 5.
(2) The requirements of section 459A.404, including rules adopted by the commission pursuant to that section, shall apply to a small animal truck wash facility. However, section 459A.404, subsection 1, shall only apply to a small animal truck wash facility as provided in that subsection.
(3) The requirements of section 459A.410, including rules adopted by the commission under that section, shall apply to a small animal truck wash facility.
2005 Acts, ch 136, §5; 2015 Acts, ch 92, §10; 2015 Acts, ch 138, §59, 161, 162
Referred to in §459A.205
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 459A - OPEN FEEDLOT OPERATIONS AND ANIMAL TRUCK WASH FACILITIES › Section 459A.201 - Document processing requirements.

459A.201 Document processing requirements.
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, filing, processing, and return of documents in an electronic format in the same manner as provided in section 459.302. The department shall provide for authentication of the documents that may include electronic signatures as provided in chapter 554D.
b. The department shall to every extent feasible provide for the processing of documents required under this subchapter using electronic systems in the same manner as required in section 459.302.
3. a. The department shall approve or disapprove an application for a construction permit as provided in section 459A.205 within sixty days after receiving the permit application. However, the applicant may deliver a notice requesting a continuance. Upon receipt of a notice, the time required for the department to act upon the application shall be suspended for the period provided in the notice, but for not more than thirty days after the department’s receipt of the notice. The applicant may submit more than one notice. However, the department may provide that an application is terminated if no action is required by the department for one year following delivery of the application to the department. The department may also provide for a continuance when it considers the application. The department shall provide notice to the applicant of the continuance. The time required for the department to act upon the application shall be suspended for the period provided in the notice, but for not more than thirty days. However, the department shall not provide for more than one continuance.
b. (1) A nutrient management plan as provided in section 459A.208 shall be approved or disapproved as part of a construction permit application pursuant to section 459A.205.
(2) For an open feedlot operation, if the nutrient management plan is not part of an application for a construction permit, the nutrient management plan shall be approved or disapproved within sixty days from the date that the department receives the nutrient management plan.
2005 Acts, ch 136, §6; 2015 Acts, ch 92, §11
Referred to in §459A.208
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 459A - OPEN FEEDLOT OPERATIONS AND ANIMAL TRUCK WASH FACILITIES › Section 459A.206 - Settled open feedlot effluent basins and unformed animal truck wash effluent structures — soils and hydrogeologic report.

459A.206 Settled open feedlot effluent basins and unformed animal truck wash effluent structures — soils and hydrogeologic report.
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 construction permit application as provided in section 459A.205. The report shall include all of the following:
a. A description of the steps to determine the soils and hydrogeologic conditions at the proposed construction site, a description of the geologic units encountered, and a description of the effects of the soil and groundwater elevation and direction of flow on the construction and operation of the basin.
b. The subsurface soil classification of the site. A subsurface soil classification shall be based on ASTM international designation D-2487-92 or D-2488-90.
c. The results of at least three soil corings reflecting the continuous soil profile taken for each settled open feed lot effluent basin or unformed animal truck wash effluent structure. The soil corings shall be taken and used in determining subsurface soil characteristics and groundwater elevation and direction of flow of the proposed site for construction. The soil corings shall be taken as follows:
(1) By a qualified person ordinarily engaged in the practice of taking soil cores and in performing soil testing.
(2) At locations that reflect the continuous soil profile conditions existing within the area of the proposed basin or unformed structure, including conditions found near the corners and the deepest point of the proposed basin or unformed structure. The soil corings shall be taken to a minimum depth of ten feet below the bottom elevation of the basin or unformed structure.
(3) By a method such as hollow stem auger or other method that identifies the continuous soil profile and does not result in the mixing of soil layers.
2005 Acts, ch 136, §8; 2011 Acts, ch 25, §143; 2015 Acts, ch 92, §25; 2015 Acts, ch 138, §60, 61, 161, 162; 2016 Acts, ch 1073, §128
Referred to in §459A.102, 459A.205
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 459A - OPEN FEEDLOT OPERATIONS AND ANIMAL TRUCK WASH FACILITIES › Section 459A.207 - Construction certification.

459A.207 Construction certification.
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 construction certification from a professional engineer certifying all of the following:
a. The basin or structure was constructed in accordance with the design plans submitted to the department as part of an application for a construction permit pursuant to section 459A.205. If the actual construction deviates from the approved design plans, the construction certification shall identify all changes and certify that the changes were consistent with all applicable standards of this section.
b. The basin or structure was inspected by the professional engineer after completion of construction and before commencement of operation.
2. A written record of an investigation for drainage tile lines, including the findings of the investigation and actions taken to comply with subchapter III, shall be submitted as part of the construction certification.
2005 Acts, ch 136, §9; 2015 Acts, ch 92, §26, 27; 2015 Acts, ch 138, §62, 161, 162
Referred to in §459A.102, 459A.302
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 459A - OPEN FEEDLOT OPERATIONS AND ANIMAL TRUCK WASH FACILITIES › Section 459A.301 - Settled open feedlot effluent basins and animal truck wash effluent structures — construction design standards — rules.

459A.301 Settled open feedlot effluent basins and animal truck wash effluent structures — construction design standards — rules.
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 for the basin or structure shall be established by rules as provided in chapter 17A that exclusively account for special design characteristics of open feedlot operations and related basins or animal truck wash facilities and related structures, including but not limited to the dilute composition of settled effluent as collected and stored in the basins or structures.
2005 Acts, ch 136, §11; 2015 Acts, ch 92, §31
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 459A - OPEN FEEDLOT OPERATIONS AND ANIMAL TRUCK WASH FACILITIES › Section 459A.303 - Alternative technology systems.

459A.303 Alternative technology systems.
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 equivalent level of open feedlot effluent control as would be achieved by using a settled open feedlot effluent basin.
2. The commission shall adopt rules establishing requirements for the construction and operation of alternative technology systems.
2005 Acts, ch 136, §13; 2015 Acts, ch 92, §37
Referred to in §459A.102, 459A.205, 459A.208
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 459A - OPEN FEEDLOT OPERATIONS AND ANIMAL TRUCK WASH FACILITIES › Section 459A.402 - Open feedlot effluent control — alternative control practices.

459A.402 Open feedlot effluent control — alternative control practices.
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 control practices if those practices will provide an equivalent level of open feedlot effluent control that would be achieved by using an open feedlot effluent control method pursuant to section 459A.401.
2005 Acts, ch 136, §15
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 459A - OPEN FEEDLOT OPERATIONS AND ANIMAL TRUCK WASH FACILITIES › Section 459A.403 - Solids stockpiling.

459A.403 Solids stockpiling.
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 stockpile solids within two hundred feet from a terrace tile inlet or surface tile inlet unless the solids are maintained in a manner that will not allow precipitation-induced runoff to drain from the solids to the terrace tile inlet or surface tile inlet.
c. The person shall not stockpile solids in a grassed waterway or where water pools on the soil surface.
d. The person shall not stockpile solids on land having a slope of more than three percent unless methods, structures, or practices are implemented to contain the stockpiled solids, including but not limited to using hay bales, silt fences, temporary earthen berms, or other effective measures, and to prevent or diminish precipitation-induced runoff from the stockpiled solids.
2. The person must remove the stockpiled solids and apply them in accordance with the provisions of this chapter, including but not limited to section 459A.410, within six months after the solids are stockpiled.
2006 Acts, ch 1088, §5, 6