Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IV - Wastewater Treatment and Disposal › Chapter 65 - Animal Feeding Operations › Rule 567-65.9 - Floodplains

Current through Register Vol. 47, No. 3, July 24, 2024
The provisions of this rule shall apply to the following
				  structures:
(1) confinement feeding
				operation structures,
(2) settled
				open feedlot effluent basins at open feedlot operations requiring a
				construction permit,
(3) egg
				washwater structures,
(4) AT
				systems, and
(5) animal truck wash
				effluent structures.
(1)
Floodplains.
A person shall not construct a manure storage
				structure in the one hundred year floodplain of a major water source. The one
				hundred year floodplain of major water source designations are included on the
				AFO Siting Atlas. For construction of facilities located in the counties that
				do not have a Federal Emergency Management Agency (FEMA) flood insurance rate
				map (FIRM), which are Black Hawk, Johnson, Louisa, Winneshiek, and Woodbury, a
				person shall have the ability to contest the one hundred year floodplain
				determination by supplying supporting documents to the department for further
				evaluation. Placing fill material on floodplain land to elevate the land above
				the one hundred year flood elevation will not be considered as removing the
				land from the one hundred year floodplain for the purpose of this subrule. Even
				if the proposed location of the manure storage structure is not on the one
				hundred year floodplain of a major water source, the site may be on the
				floodplain of a nonmajor water source and the department may require a
				floodplain development permit pursuant to 567-Chapters 70 through 76 if the
				drainage area of the nonmajor water source adjacent to the proposed structure
				is greater than ten square miles in a rural location or two square miles in an
				urban location. The proposed construction can be screened through the
				department's online floodplain database siting tool.
(2)
Flooding protection.
A
				confinement feeding operation or open feedlot structure proposed to be
				constructed on land that would be inundated by Q100 shall meet requirements as
				specified in 567-Chapters 70 through 76, unless otherwise prohibited according
				to subrule 65.9(1).
(3)
Submittal requirements.
The person planning the construction
				shall submit a printed map from the AFO Siting Atlas indicating the location of
				the structure, with the one hundred year floodplain layer turned on, with the
				construction permit application documents or with the construction design
				statement if a construction permit is not required.
(4)
Exemptions to prohibition on one
				hundred year floodplain construction and separation distance requirements from
				water sources, major water sources, known sinkholes, agricultural drainage
				wells, designated wetlands confinement structures and animal truck wash
				effluent structures.
As specified in Iowa Code sections
				459.310(4)  and
				459A.404(3), a separation distance required in subrules 65.106(3) and 65.106(4)
				or the prohibition against construction of a confinement feeding operation
				structure on a one hundred year floodplain as provided in subrule 65.9(1) shall
				not apply to a confinement feeding operation or animal truck wash that includes
				a confinement feeding operation structure or animal truck wash effluent
				structure that was constructed prior to March 1, 2003, if any of the following
				apply:
a. One or more unformed manure storage
				structures or animal truck wash effluent structures that are part of the
				confinement feeding operation or animal truck wash are replaced with one or
				more formed manure storage structures or formed animal truck wash effluent
				structures on or after April 28, 2003, and all of the following apply:
(1) The animal weight capacity or animal unit
				capacity, whichever is applicable, is not increased for that portion of the
				confinement feeding operation or animal truck wash that utilizes all
				replacement formed manure storage structures or animal truck wash effluent
				structures.
(2) The use of each
				replaced unformed manure storage structure is discontinued within one year
				after the construction of the replacement formed manure storage structure or
				formed animal truck wash effluent structure.
(3) The capacity of all replacement formed
				manure storage structures or animal truck wash effluent structures does not
				exceed the amount required to store manure produced by that portion of the
				confinement feeding operation or animal truck wash utilizing the replacement
				formed manure storage structures or animal truck wash effluent structures
				during any 18-month period.
(4) No
				portion of the replacement formed manure storage structure or animal truck wash
				effluent structure is closer to the location or object from which separation is
				required under subrules 65.106(3) and 65.106(4) than any other confinement
				feeding operation structure or animal truck wash effluent structure which is
				part of the operation.
(5) The
				replacement formed manure storage structure or animal truck wash effluent
				structure meets or exceeds the requirements of Iowa Code section
				459.307 and subrule
				65.108(10).
b. A
				replacement formed manure storage structure that is part of the confinement
				feeding operation or animal truck wash is constructed on or after April 28,
				2003, if it complies with the following provisions:
(1) The replacement formed manure storage
				structure or animal truck wash effluent structure replaces the confinement
				feeding operation or animal truck wash's existing manure storage and handling
				facilities.
(2) The replacement
				formed manure storage structure or animal truck wash effluent structure
				complies with standards adopted pursuant to Iowa Code section
				459.307 and subrule
				65.108(10).
(3) The replacement
				formed manure storage structure or animal truck wash effluent structure more
				likely than not provides a higher degree of environmental protection than the
				confinement feeding operation or animal truck wash's existing manure storage
				and handling facilities. If the formed manure storage structure or animal truck
				wash effluent structure will replace any existing manure storage structure or
				animal truck wash effluent structure, the department shall require that the
				replaced manure storage structure or animal truck wash effluent structure be
				properly closed.