Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IV - Wastewater Treatment and Disposal › Chapter 65 - Animal Feeding Operations › Rule 567-65.106 - Confinement Feeding Operation and Stockpile Separation Distance Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
All confinement feeding operation structures, stockpiles and
				  qualified stockpile structures shall be separated from locations and objects as
				  specified in this rule regardless of whether a construction permit is required.
				  The separation distance requirements of this rule shall apply to all
				  confinement feeding operation structures, unless specifically stated otherwise.
				  If two or more confinement feeding operations are considered one operation as
				  provided in rule 567-65.1 (455B,459,459A,459B),
				  definitions of "adjacent-air quality" and "adjacent-water quality," the
				  combined animal unit capacities of the individual operations shall be used for
				  the purpose of determining the required separation. Exemptions to the following
				  requirements are allowed to the extent provided in rule
				  567-65.107
				  (455B,459,459B).
(1)
Separation distance from residences, businesses, churches, schools and
				public use areas for new confinement feeding operations.
Separation
				from residences, businesses, churches, schools and public use areas shall be as
				specified in Iowa Code section
				459.202 and summarized in Table
				6 located at
iowadnr.gov/afo/rules
. The residence,
				business, church, school or public use area must exist at the time an applicant
				submits an application for a construction permit to the department, at the time
				an MMP or construction design statement is filed with the department if a
				construction permit is not required, or at the time construction of the
				confinement feeding operation structure begins if a construction permit or
				construction approval letter is not required.
(2)
Separation distance from
				residences, businesses, churches, schools and public use areas for the
				expansion of prior constructed operations.
Except as provided in rule
				567-65.107 (455B,459,459B) or as
				specified in Iowa Code section
				459.203, an existing confinement
				feeding operation may be expanded if any of the following applies:
a. For a confinement feeding operation
				constructed prior to January 1, 1999, any construction or expansion of a
				confinement feeding operation structure complies with the distance requirements
				applying to that structure as provided in Iowa Code sections
				459.202(1)  and
				459.202(3)  and
				summarized in Tables 6c (for swine, sheep, horses and poultry) and 6d (for beef
				and dairy cattle) located at
iowadnr.gov/afo/rules
.
b. For a confinement feeding operation
				constructed on or after January 1, 1999, but prior to March 1, 2003, any
				construction or expansion of a confinement feeding operation structure complies
				with the distance requirements applying to that structure as provided in Iowa
				Code sections 459.202(2)  and
				459.202(3)  and
				summarized in Tables 6a (for swine, sheep, horses and poultry) and 6b (for beef
				and dairy cattle) located at
iowadnr.gov/afo/rules
.
c. For a confinement feeding operation
				constructed on or after March 1, 2003, any construction or expansion of a
				confinement feeding operation structure complies with the distance requirements
				applying to that structure as provided in Iowa Code sections
				459.202(4)  and
				459.202(5) and summarized in Table 6 located at
iowadnr.gov/afo/rules
.