Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IV - Wastewater Treatment and Disposal › Chapter 65 - Animal Feeding Operations › Rule 567-65.103 - Construction Permits-required Approvals and Permits

Current through Register Vol. 47, No. 3, July 24, 2024
A person required to obtain a construction permit pursuant to
				  subrule 65.103(1) or a construction approval letter pursuant to subrule
				  65.103(7) shall not begin construction, expansion or modification of a
				  confinement feeding operation structure until the department issues a
				  construction permit or a construction approval letter for a proposed or
				  existing confinement feeding operation. In addition, the owner of a SAFO with
				  formed manure storage structures who is not required to obtain a construction
				  permit pursuant to subrule 65.103(1) or a construction approval letter pursuant
				  to subrule 65.103(7) shall comply with the applicable construction approval
				  requirements pursuant to subrule 65.103(8).
(1)
Confinement feeding operations
				required to obtain a construction permit prior to any of the
				following.
Except as provided in subrule 65.103(2), a confinement
				feeding operation shall obtain a construction permit prior to any of the
				following:
a. Constructing or installing a
				confinement building that uses an unformed manure storage structure or
				constructing, installing or modifying an unformed manure storage
				structure.
b. Constructing or
				installing a confinement building that uses a formed manure storage structure
				or constructing, installing or modifying a formed manure storage structure if,
				after construction, installation or modification, the animal unit capacity of
				the operation is 1,000 animal units or more. This paragraph also applies to
				confinement feeding operations that store manure exclusively in a dry
				form.
c. Initiating a change, even
				if no construction of, or physical alteration to, an unformed manure storage
				structure is necessary, that would result in an increase in the volume of
				manure or a modification in the manner in which manure is stored in any
				unformed manure storage structure. Increases in the volume of manure due to an
				increase in animal capacity, animal weight capacity or animal unit capacity up
				to the limits specified in a previously issued construction permit do not
				require a new construction permit.
d. Initiating a change, even if no
				construction of or physical alteration to, a formed manure storage structure is
				necessary, that would result in an increase in the volume of manure or a
				modification in the manner in which manure is stored in a formed manure storage
				structure if, after the change, the animal unit capacity of the operation is
				1,000 animal units or more. Increases in the volume of manure due to an
				increase in animal capacity, animal weight capacity or animal unit capacity up
				to the limits specified in a previously issued construction permit do not
				require a new construction permit.
e. Purchasing or acquiring an adjacent animal
				feeding confinement operation if after acquisition the animal unit capacity of
				the combined operation is 1,000 animal units or more. The construction permit
				application must be submitted within 60 days of the acquisition or
				purchase.
f. Constructing or
				modifying an egg washwater storage structure or a confinement building at a
				confinement feeding operation that includes an egg washwater storage
				structure.
g. Initiating a change,
				even if no construction of, or physical alteration to, an egg washwater storage
				structure is necessary, that would result in an increase in the volume of egg
				washwater or a modification in the manner in which egg washwater is stored.
				Increases in the volume of egg washwater due to an increase in animal capacity,
				animal weight capacity or animal unit capacity up to the limits specified in a
				previously issued construction permit do not require a new construction
				permit.
h. Repopulating a
				confinement feeding operation that had been a discontinued AFO for 24 months or
				more and if any of the following apply:
(1)
				The confinement feeding operation uses an unformed manure storage structure or
				egg washwater storage structure;
(2) The confinement feeding operation
				includes only confinement buildings and formed manure storage structures and
				has an animal unit capacity of 1,000 animal units or more.
i. Installing a permanent manure transfer
				piping system, unless the department determines that a construction permit is
				not required.
j. Initiating a
				remedial change, upgrade, replacement or construction when directed by the
				department as a result of departmental evaluation pursuant to rule
				567-65.102(455B,459,459B) or as required by an administrative order or court
				order pursuant to Iowa Code section
				455B.112 or
				455B.175. Repairs to a
				confinement building or additions such as fans, slats, gates, roofs, or covers
				do not require a construction permit. In some instances, the department may
				determine that a construction permit is not required to increase the volume of
				manure or egg washwater or a modification in the manner in which manure or egg
				washwater is stored if the increase or modification is deemed insignificant.
				Plans for repairs or modifications to a manure storage structure shall be
				submitted to the department to determine if a permit is required.