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Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IV - Wastewater Treatment and Disposal › Chapter 65 - Animal Feeding Operations › Rule 567-65.5 - Transfer of Legal Responsibilities or Title

Current through Register Vol. 47, No. 3, July 24, 2024
If title or legal responsibility for a permitted AFO or an
				  animal truck wash facility is transferred, the person to whom title or legal
				  responsibility is transferred shall be subject to all terms and conditions of
				  the construction permit and these rules. The person to whom the construction
				  permit was issued and the person to whom title or legal responsibility is
				  transferred shall notify the department, in writing, of the transfer of legal
				  responsibility or title of the operation within 30 days of the transfer. Within
				  30 days of receiving a written request from the department, the person to whom
				  legal responsibility is transferred shall submit to the department all
				  information needed to modify the construction permit to reflect the transfer of
				  legal responsibility. A person who has been classified as a habitual violator
				  under Iowa Code section
				  459.604 shall not acquire legal
				  responsibility or a controlling interest to any additional permitted
				  confinement feeding operations for the period that the person is classified as
				  a habitual violator.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IV - Wastewater Treatment and Disposal › Chapter 65 - Animal Feeding Operations › Rule 567-65.6 - Construction

Current through Register Vol. 47, No. 3, July 24, 2024
For purposes of these rules:
(1) Construction of an AFO structure, open
				feedlot operation structure, or animal truck effluent structure begins or an
				AFO structure, open feedlot operation structure, or animal truck wash effluent
				structure is constructed when any of the following occurs:
a. Excavation for a proposed AFO structure,
				open feedlot operation structure, or animal truck wash effluent structure;
				excavation for footings; or filling or compacting of the soil or soil
				amendments for a proposed AFO structure, open feedlot operation structure, or
				animal truck wash effluent structure.
b. Installation of forms for concrete for an
				AFO structure, open feedlot operation structure, or animal truck wash effluent
				structure.
c. Installation of
				piping for movement of manure within, from or between AFO structures, open
				feedlot operation structures, or animal truck wash effluent
				structures.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IV - Wastewater Treatment and Disposal › Chapter 65 - Animal Feeding Operations › Rule 567-65.7 - Karst Terrain

Current through Register Vol. 47, No. 3, July 24, 2024
Except as provided for in subrules 65.7(4) and 65.7(5), the
				  provisions of this rule shall apply to the following structures:
(1) confinement feeding operation structures
				at confinement feeding operations with over 500 animal units,
(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)
Karst terrain submittal
				requirements.
Prior to beginning construction of a structure
				identified in the introductory paragraph of this rule, the person planning the
				construction shall determine whether the proposed structure will be located in
				potential "karst terrain," as defined in subrule 65.1(1). The AFO Siting Atlas
				shall be used to determine if the proposed structure is in potential karst
				terrain. The results of the karst terrain determination shall be submitted to
				the department according to the following:
a.
				If the proposed structure is not in potential karst terrain, the person
				planning the construction shall submit a printed map from the AFO Siting Atlas
				indicating the location of the structure, with the potential karst layer turned
				on, with the construction permit application documents or with the construction
				design statement if a construction permit is not required.
b. If the proposed formed manure storage
				structure is located in potential karst terrain, a PE licensed in Iowa, an
				NRCS-qualified staff person or a qualified organization shall submit a soil
				report, based on the results from soil corings, test pits or acceptable well
				log data, describing the subsurface materials and vertical separation distance
				from the bottom of the proposed structure to the underlying limestone, dolomite
				or soluble rock. A minimum of two soil corings spaced equally within the
				structure or two test pits located within five feet of the outside of the
				structure are required if acceptable well log data is not available. The soil
				corings shall be taken to a minimum depth of seven feet below the bottom
				elevation of the proposed structure or into bedrock, whichever is shallower.
				Any limestone, dolomite, or soluble bedrock in the corings or test pits shall
				be considered the bedrock surface rather than augur refusal. After the soil
				exploration is complete, each coring or test pit shall be properly plugged with
				concrete grout, bentonite or similar materials, and completion of this activity
				shall be documented in the soil report. If a 25-foot vertical separation
				distance can be maintained between the bottom of the proposed formed manure
				storage structure and limestone, dolomite, or other soluble rock, then the
				structure is not considered to be in karst terrain.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IV - Wastewater Treatment and Disposal › Chapter 65 - Animal Feeding Operations › Rule 567-65.8 - Karst Terrain-stockpile Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
The provisions of this rule shall apply to locations at
				  confinement feeding operations where dry manure or dry bedded manure is
				  stockpiled.
(1)
Karst terrain
				submittal requirements.
Prior to stockpiling dry manure or dry bedded
				manure, the person planning to stockpile shall determine whether the proposed
				stockpile location will be located in potential "karst terrain," as defined in
				subrule 65.1(1). The AFO Siting Atlas shall be used to determine if the
				proposed stockpile location is in potential karst terrain. The results of the
				karst terrain determination shall be submitted to the department according to
				the following:
a. If the proposed stockpile
				location is not in potential karst terrain, the person planning the stockpiling
				shall submit a printed map from the AFO Siting Atlas indicating the location of
				the stockpile location, with the potential karst layer turned on, to the
				department.
b. If the proposed
				stockpile is located in potential karst terrain, a PE licensed in Iowa,
				NRCS-qualified staff person or a qualified organization shall submit a soil
				report to the department, based on the results from soil corings, test pits or
				acceptable well log data, describing the subsurface materials and vertical
				separation distance from the proposed bottom of the stockpile to the underlying
				limestone, dolomite or soluble rock. A minimum of two soil corings spaced
				equally within the stockpile location or two test pits located within five feet
				of the outside of the stockpile location are required if acceptable well log
				data is not available. The soil corings shall be taken to a minimum depth of 25
				feet below the bottom elevation of the proposed stockpile or into bedrock,
				whichever is shallower. After the soil exploration is complete, each coring or
				test pit shall be properly plugged with concrete grout, bentonite or similar
				materials and completion of this activity shall be documented in the soil
				report. If a 25-foot vertical separation distance can be maintained between the
				bottom of the proposed stockpile and limestone, dolomite, or other soluble
				rock, then the structure is not considered to be in karst terrain.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IV - Wastewater Treatment and Disposal › Chapter 65 - Animal Feeding Operations › Rule 567-65.101 - Requirements for Land Application of Manure From a Confinement Feeding Operation

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General requirements for application rates and practices for
				confinement feeding operations.
a.
				For manure originating from an anaerobic lagoon or aerobic structure,
				application rates and practices shall be used to minimize groundwater or
				surface water pollution resulting from application, including pollution caused
				by runoff or other manure flow resulting from precipitation events. In
				determining appropriate application rates and practices, the person
				land-applying the manure shall consider the site conditions at the time of
				application including anticipated precipitation and other weather factors,
				field residue and tillage, site topography, the existence and depth of known or
				suspected tile lines in the application field, and crop and soil conditions,
				including a good-faith estimate of the available water-holding capacity given
				precipitation events, the predominant soil types in the application field and
				planned manure application rate.
b.
				Spray irrigation equipment shall be operated in a manner and with an
				application rate and timing that does not cause runoff of the manure onto the
				property adjoining the property where the spray irrigation equipment is being
				operated.
c. For manure from an
				earthen waste slurry storage basin, earthen manure storage basin, or formed
				manure storage structure, restricted spray irrigation equipment shall not be
				used unless the manure has been diluted with surface water or groundwater to a
				ratio of at least 15 parts water to 1 part manure. Emergency use of spray
				irrigation equipment without dilution shall be allowed to minimize the impact
				of a release as approved by the department.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IV - Wastewater Treatment and Disposal › Chapter 65 - Animal Feeding Operations › Rule 567-65.102 - Departmental Evaluation

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The department
				may evaluate any AFO to determine if any of the following conditions exist:
a. Manure from the operation is being
				discharged into a water of the state and the operation is not providing the
				applicable minimum level of manure control as specified in subrule
				65.100(1);
b. Manure from the
				operation is causing or may reasonably be expected to cause pollution of a
				water of the state; or
c. Manure
				from the operation is causing or may reasonably be expected to cause a
				violation of state water quality standards.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IV - Wastewater Treatment and Disposal › Chapter 65 - Animal Feeding Operations › Rule 567-65.105 - Construction Permit Application Review Process, Site Inspections and Complaint Investigations

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Delivery of application to county.
The applicant for a
				construction permit for a confinement feeding operation or related AFO
				structure shall deliver in person or by certified mail a copy of the permit
				application and MMP to the county board of supervisors of the county where the
				confinement feeding operation or related AFO structure is proposed to be
				constructed. Receipt of the application and MMP by the county auditor or other
				county official or employee designated by the county board of supervisors is
				deemed receipt of the application and MMP by the county board of supervisors.
				Documentation of the delivery or mailing of the permit application and MMP
				shall be forwarded to the department.
(2)
Public notice and county
				comment.
a.
Public
				notice.
The county board of supervisors shall publish a notice that
				the board has received the construction permit application in a newspaper
				having general circulation in the county. The county board shall publish the
				notice as soon as possible but no later than 14 days after receiving
				instructions from the department that a complete application has been received.
				The notice shall include all of the following:
(1) The name of the person applying to
				receive the construction permit;
(2) The name of the township where the
				confinement feeding operation structure is to be constructed;
(3) Each type of confinement feeding
				operation structure proposed to be constructed;
(4) The animal unit capacity of the
				confinement feeding operation if the construction permit were to be
				approved;
(5) The time when and the
				place where the application may be examined as provided in Iowa Code section
				22.2;
(6) Procedures for providing
				public comments to the board as provided by the board.
The county shall submit to the department, within 30 days of
				  receipt of the construction permit application, proof of publication to verify
				  that the county provided public notice as required in this paragraph.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IV - Wastewater Treatment and Disposal › Chapter 65 - Animal Feeding Operations › Rule 567-65.108 - Manure Storage Structure Design Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
The requirements in this rule apply to all confinement
				  feeding operation structures unless specifically stated otherwise.
(1)
Drainage tile removal for new
				construction of a manure storage structure.
Prior to constructing a
				manure storage structure, other than storage of manure in an exclusively dry
				form, the site for the AFO structure shall be investigated for drainage tile
				lines as provided in this subrule. All applicable records of known drainage
				tiles shall be examined for the existence of drainage tile lines.
a. An inspection trench of at least ten
				inches wide shall be dug around the structure to a depth of at least 6 feet
				below the original grade and within 25 feet of the proposed outside of the toe
				of the berm prior to excavation for an unformed manure storage
				structure.
b. Drainage tile lines
				discovered during the tile inspection of an unformed manure storage structure
				shall be removed and rerouted in or in an area outside the inspection trench.
				All tiles within the inspection trench perimeter shall be removed or completely
				plugged with concrete, grout or similar materials. Drainage tile lines
				installed at the time of construction to lower the groundwater may remain in
				place as long as they are outside of the proposed toe of berm.
c. The applicant for a construction permit
				for a formed manure storage structure shall investigate for tile lines during
				excavation for the structure. Drainage tile lines discovered upgrade from the
				structure shall be rerouted around the formed manure storage structure to
				continue the flow of drainage. All other drainage tile lines discovered shall
				be rerouted, capped, or plugged with concrete, Portland cement concrete grout
				or similar materials. Drainage tile lines installed at the time of construction
				to lower a groundwater table may remain where located even if located under the
				floor; however, the tile lines must be tied into the perimeter drain
				tile.
d. Other proven methods
				approved by the department may be utilized to discover drainage tile
				lines.
e. The requirements of this
				subrule do not apply if sufficient information is provided that allows the
				department to conclude that the location does not have a history of drainage
				tile.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IV - Wastewater Treatment and Disposal › Chapter 65 - Animal Feeding Operations › Rule 567-65.109 - Construction Certification

Current through Register Vol. 47, No. 3, July 24, 2024
A confinement feeding operation that obtains a construction
				  permit after March 20, 1996, shall submit to the department a construction
				  certification according to the following:
(1) For a confinement feeding operation that
				is below the threshold requirements for an engineer prior to using a permitted
				confinement feeding operation structure, the person responsible for
				constructing a formed manure storage structure or the permittee shall submit to
				the department a construction certification, as specified in the construction
				permit.
(2) For a confinement
				feeding operation that uses an unformed manure storage structure or an egg
				washwater storage structure, or an operation that meets or exceeds the
				threshold requirements for an engineer, a certification from a licensed PE that
				the confinement feeding operation structure was:
a. Constructed in accordance with the design
				plan. Any changes to the approved plans must first be authorized by the
				department and must include a certification that the proposed changes are
				consistent with the standards of these rules or statute;
b. Supervised by the licensed PE or a
				designee of the PE during critical points of the construction. A designee shall
				not be the permittee, the owner of the confinement feeding operation, a direct
				employee of the permittee or owner, or the contractor or an employee of the
				contractor;
c. Inspected by the
				licensed PE after completion of construction and before commencement of
				operation; and
d. Constructed in
				accordance with the drainage tile removal standards of subrule 65.108(1) and
				including a report of the findings and actions taken to comply with subrule
				65.108(1).
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IV - Wastewater Treatment and Disposal › Chapter 65 - Animal Feeding Operations › Rule 567-65.110 - Manure Management Plan (MMP) Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1) In accordance
				with Iowa Code section
				459.312, the following persons
				are required to submit MMPs to the department, including an original MMP and an
				updated MMP, as required by this rule:
a. An
				applicant for a construction permit for a confinement feeding operation.
				However, an MMP shall not be required of an applicant for an egg washwater
				storage structure or for a SAFO.
b.
				The owner of a confinement feeding operation, other than a SAFO, if one of the
				following applies:
(1) The confinement
				feeding operation was constructed or expanded after May 31, 1985, regardless of
				whether the confinement feeding operation structure was required to have a
				construction permit.
(2) The owner
				constructs a manure storage structure, regardless of whether the person is
				required to be issued a permit for the construction pursuant to Iowa Code
				section 459.303 or whether the person
				has submitted a prior MMP. If the new manure storage structure does not result
				in an increase in manure volume for the confinement feeding operation and there
				is no change in animal category for determining animal units, then a new MMP is
				not required to be submitted.
c. A person who applies manure in Iowa that
				was produced in a confinement feeding operation, other than a small operation,
				located outside of Iowa.
d. A new
				owner of a confinement feeding operation may apply manure under the most recent
				owner's MMP until the new owner develops and submits an original MMP. The new
				owner must develop and submit an original MMP within 60 days after acquiring
				the operation.
e. Exceptions.
(1) A research college is exempt from this
				subrule and the MMP requirements of rule
				567-65.111 (455B,459,459B) for
				research activities and experiments performed under the authority of the
				research college and related to confinement feeding operations.
(2) An AFO otherwise required to submit an
				updated MMP and pay an annual compliance fee may make an election to be
				considered a SAFO for purposes of filing updated MMPs and annual compliance
				fees if the confinement feeding operation maintains an animal unit capacity of
				500 or fewer animal units. The election shall automatically terminate when more
				than 500 animal units are housed at the confinement feeding operation at any
				one time. If the confinement feeding operation exceeds more than 500 animal
				units, an MMP shall be submitted.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IV - Wastewater Treatment and Disposal › Chapter 65 - Animal Feeding Operations › Rule 567-65.111 - Mmp Content Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
All MMPs are to be submitted on forms or electronically as
				  prescribed by the department. The plans shall include all of the information
				  specified in Iowa Code section
				  459.312 and as described
				  below.
(1)
General.
a. A confinement feeding operation that is
				required to submit an MMP to the department shall not apply manure in excess of
				the nitrogen use levels necessary to obtain optimum crop yields. A confinement
				feeding operation shall not apply manure in excess of the rates determined in
				conjunction with the phosphorus index. Information to complete the required
				calculations may be obtained from the tables in this chapter, actual testing
				samples or from other credible sources reviewed and approved by the department
				including but not limited to Iowa State University, the United States
				Department of Agriculture (USDA), a licensed PE, or an individual certified as
				a crop consultant under the American Registry of Certified Professionals in
				Agronomy, Crops, and Soils program, the Certified Crop Advisors program, or the
				Registry of Environmental and Agricultural Professionals program.
b. MMPs shall include all of the following:
(1) The name of the owner and the name of the
				confinement feeding operation, including mailing address and telephone
				number.
(2) The name of the contact
				person for the confinement feeding operation, including mailing address and
				telephone number.
(3) The location
				of the confinement feeding operation identified by county, township, section,
				¼ section and, if available, the 911 address.
(4) The animal unit capacity of the
				confinement feeding operation and, if applicable, the animal weight
				capacity.
c. A person who
				submits an MMP shall include a phosphorus index as part of the MMP as required
				in subrule 65.111(12).
d. A new
				owner of a confinement feeding operation may apply manure under the most recent
				owner's MMP until the new owner develops and submits an original MMP. The new
				owner must develop and submit an original MMP within 60 days after acquiring
				the confinement feeding operation.
e. A research college is exempt from this
				subrule for research activities and experiments performed under the authority
				of the research college and related to confinement feeding
				operations.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IV - Wastewater Treatment and Disposal › Chapter 65 - Animal Feeding Operations › Rule 567-65.112 - Manure Applicators Certification

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Certification.
A commercial manure service or a commercial
				manure service representative shall not transport, handle, store or apply dry
				or liquid manure to land unless the person is certified. A confinement site
				manure applicator shall not apply dry or liquid manure to land unless the
				person is certified. A person is not required to be certified as a confinement
				site manure applicator if the person applies manure that originates from a
				manure storage structure that is part of a SAFO. Certification of a commercial
				manure service representative under this rule will also satisfy the commercial
				license requirement under 567-Chapter 68 only as it applies to manure removal
				and application. Each person who operates a manure applicating vehicle or
				equipment must be certified individually except as allowed in subrule
				65.112(7).
(2)
Fees.
a.
Commercial
				manure service.
The fee for a new or renewed certification of a
				service is $200. The commercial manure service shall designate one manager for
				the service and shall provide the department with documentation of the
				designation.
b.
Commercial
				manure service representative.
The fee for a new or renewed
				representative certification is $75. The manager of a commercial manure service
				must be certified as a commercial manure service representative but is exempt
				from paying the $75 certification fee.
c.
Confinement site manure
				applicator.
The fee for a new or renewed certification is $100.
				However, the fee is not required if all of the following apply:
(1) The person indicates that the person is a
				family member as defined in this chapter by submitting a completed form
				provided by the department;
(2) The
				person is certified as a confinement site manure applicator within one year of
				the date another family member was certified or whose certification as a
				confinement site manure applicator was renewed;
(3) The other family member certified as a
				confinement site manure applicator has paid the certification fee.
d.
Educational
				fee.
Commercial manure service representatives, managers and
				confinement site manure applicators shall pay an educational fee to be
				determined annually by the department.
e.
Late fee.
Renewal
				applications received after March 1 require that an additional $12.50 fee be
				paid before the certification is renewed. An application is considered to be
				received on the date it is postmarked.
f.
Duplicate certificate.
The fee for a duplicate certificate is $15.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IV - Wastewater Treatment and Disposal › Chapter 65 - Animal Feeding Operations › Rule 567-65.113 - Livestock Remediation Fund

Current through Register Vol. 47, No. 3, July 24, 2024
The livestock remediation fund created in Iowa Code section
				  459.501 will be administered by
				  the department. Moneys in the fund shall be used for the exclusive purpose of
				  administration of the fund and the cleanup of eligible facilities at
				  confinement feeding operation sites.
(1)
Eligible facility site.
The site of a confinement feeding operation that contains one or more AFO
				structures is an eligible site for reimbursement of cleanup costs if one of the
				following conditions exists:
a. A county has
				acquired title to real estate containing the confinement feeding operation
				following nonpayment of taxes and the site includes a manure storage structure
				that contains stored manure or site contamination originating from the
				confinement feeding operation.
b. A
				county or the department determines that the confinement feeding operation has
				caused a clear, present and impending danger to the public health or
				environment.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IV - Wastewater Treatment and Disposal › Chapter 65 - Animal Feeding Operations › Rule 567-65.114 - Validity of Rules

Current through Register Vol. 47, No. 3, July 24, 2024
If any part of these rules is declared unconstitutional or
				  invalid for any reason, the remainder of said rules shall not be affected
				  thereby and shall remain in full force and effect, and to that end, these rules
				  are declared to be severable.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IV - Wastewater Treatment and Disposal › Chapter 65 - Animal Feeding Operations › Rule 567-65.200 - Minimum Open Feedlot Effluent Control Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
An open feedlot operation shall provide for the management of
				  manure, process wastewater, settled open feedlot effluent, settleable solids,
				  scraped solids, and open feedlot effluent by using an open feedlot control
				  method as provided in subrules 65.200(1) through 65.200(8). A release shall be
				  reported to the department as provided in subrule 65.2(1).
(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 settling facility. The construction of a solids settling
				facility is not required where existing site conditions provide for removal of
				settleable solids prior to discharge into a water of the state.
b. The removal of settleable solids shall be
				deemed to have occurred when the velocity of flow of the open feedlot effluent
				has been reduced to less than one-half foot per second for a minimum of five
				minutes. A solids settling facility shall have sufficient capacity to store
				settleable solids between periods of land application and to provide required
				flow-velocity reduction for open feedlot effluent flow volumes resulting from a
				precipitation event of less intensity than a ten-year, one-hour frequency
				event. A solids settling facility that receives open feedlot effluent shall
				provide a minimum of one square foot of surface area for each eight cubic feet
				of open feedlot effluent per hour resulting from a ten-year, one-hour frequency
				precipitation event.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IV - Wastewater Treatment and Disposal › Chapter 65 - Animal Feeding Operations › Rule 567-65.201 - Departmental Evaluation; Cafo Designation; Remedial Actions

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
				department may evaluate any AFO that is not defined as a large or medium CAFO,
				and designate it as a CAFO if, after an on-site inspection, it is determined to
				be a significant contributor of manure or process wastewater to waters of the
				United States. In making this determination, the department shall consider the
				following factors:
a. The size of the
				operation and the amount of manure or process wastewater reaching waters of the
				United States;
b. The location of
				the operation relative to waters of the United States;
c. The means of conveyance of manure or
				process wastewater to waters of the United States;
d. The slope, vegetation, rainfall, and other
				factors affecting the likelihood or frequency of discharge of manure or process
				wastewater into waters of the United States; and
e. Other relevant
				factors.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IV - Wastewater Treatment and Disposal › Chapter 65 - Animal Feeding Operations › Rule 567-65.203 - Construction Permits

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Open
				feedlot operations required to obtain a construction permit.
An open
				feedlot operation must obtain a construction permit prior to any of the
				following:
a. Constructing or expanding a
				settled open feedlot effluent basin or AT system or installing a settled open
				feedlot effluent transfer piping system if the open feedlot operation is
				required to be issued an NPDES permit.
b. Increasing the animal unit capacity of the
				open feedlot operation to more than the animal unit capacity approved by the
				department in a previous construction permit.
c. Increasing the volume of settled open
				feedlot effluent, settleable solids or open feedlot effluent stored at the open
				feedlot operation to more than the volume approved by the department in a
				previous construction permit.
d.
				Repopulating the open feedlot operation if it was discontinued for 24 months or
				more and the animal unit capacity will be 1,000 animal units or
				more.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IV - Wastewater Treatment and Disposal › Chapter 65 - Animal Feeding Operations › Rule 567-65.205 - Water Well Separation Distances for Open Feedlot Operations

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Unformed settled open feedlot effluent basins.
Unformed
				settled open feedlot effluent basins shall be separated from water wells as
				follows:
a.
Public wells.
1,000 feet from shallow wells and 400 feet from deep wells;
b.
Private wells.
400 feet
				from both shallow wells and deep wells.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IV - Wastewater Treatment and Disposal › Chapter 65 - Animal Feeding Operations › Rule 567-65.207 - At Systems-design Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Containment volume.
a.
				Adequate capacity must be provided within the AT system or within the solids
				settling facility for the open feedlot operation to contain expected open
				feedlot effluent from November 1 to March 30 or to hold the precipitation event
				as required by paragraph 65.200(2)
"a,"
whichever is greater.
				Controls on the solids settling facility or the AT system shall prevent release
				of collected open feedlot effluent to waters of the United States during the
				period from November 1 to March 30.
b. If the containment volume required in
				paragraph 65.207(1)
"a"
is provided in an open feedlot
				operation structure whose primary purpose is to remove settleable solids from
				open feedlot effluent prior to discharge into an AT system, the basin shall not
				be required to comply with the liner design and construction requirements of
				subrule 65.206(4), provided the basin does not retain collected open feedlot
				effluent for more than seven consecutive days following a precipitation event
				during the period from March 30 to November 1.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IV - Wastewater Treatment and Disposal › Chapter 65 - Animal Feeding Operations › Rule 567-65.208 - Construction Certification

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The owner of an
				open feedlot operation who is issued a construction permit for a settled open
				feedlot effluent basin or AT system as provided in rule
				567-65.203 (455B,459A) shall
				submit to the department a construction certification from a PE certifying all
				of the following:
a. The settled open feedlot
				effluent basin or AT system was constructed in accordance with the design plans
				submitted to the department as part of an application for a construction permit
				pursuant to rule 567-65.204 (455B,459A). 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 these rules.
b. The settled open feedlot effluent basin or
				AT system was inspected by the PE after completion of construction and before
				commencement of operation.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IV - Wastewater Treatment and Disposal › Chapter 65 - Animal Feeding Operations › Rule 567-65.300 - Minimum Animal Truck Wash Effluent Control Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
An animal truck wash facility shall provide for the
				  management of manure, process wastewater, settleable solids, scraped solids,
				  and animal truck wash effluent by using the control method as provided in
				  subrules 65.300(1) through 65.300(4). A release shall be reported to the
				  department as provided in subrule 65.2(1).
(1) No direct discharge of animal truck wash
				effluent shall be allowed from an animal truck wash facility into a publicly
				owned lake, a known sinkhole, or an agricultural drainage well.
(2) Land application.
a.
General requirements.
Animal truck wash effluent shall be land-applied in a manner which will not
				cause pollution of surface water or groundwater. Land application of animal
				truck wash effluent shall not exceed one inch per hour, and land application
				shall cease immediately if runoff occurs. Land application of animal truck wash
				effluent shall be conducted on days when weather and soil conditions are
				suitable. Weather and soil conditions are normally considered suitable for
				animal truck wash effluent application if (1) land application areas are not
				frozen or snow-covered, (2) temperatures during application are greater than 32
				degrees Fahrenheit, and (3) precipitation has not exceeded the water holding
				capacity of the soil to accept the effluent application without the possibility
				of runoff. Application in accordance with the provisions of state law and the
				rules in this chapter shall be deemed as compliance with this
				requirement.
b.
Separation
				distances.
A person shall not apply animal truck wash effluent on land
				located within 750 feet from a residence not owned by the titleholder of the
				land, unless one of the following applies:
(1)
				The animal truck wash effluent is land-applied by injection or incorporation on
				the same date as the animal truck wash effluent was land-applied.
(2) The titleholder of the land benefiting
				from the separation distance requirement executes a written waiver with the
				titleholder of the land where the animal truck wash effluent is
				land-applied.
(3) The animal truck
				wash effluent is from a small animal truck wash facility or an animal truck
				wash facility that is part of a SAFO.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IV - Wastewater Treatment and Disposal › Chapter 65 - Animal Feeding Operations › Rule 567-65.301 - Construction Permits

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Animal
				truck wash facilities required to obtain a construction permit.
An
				animal truck wash facility must obtain a construction permit as follows:
a. Prior to construction or expansion of an
				animal truck wash effluent structure.
b. When the department has previously issued
				the animal truck wash facility a construction permit and the volume of the
				animal truck wash effluent would be more than the volume approved by the
				department in the previous construction permit.
c. When the animal truck wash facility is
				part of a confinement feeding operation and all of the following apply:
(1) The department has issued a construction
				permit or an NPDES permit for the confinement feeding operation or a letter
				approving a construction design statement for the confinement feeding operation
				in lieu of a construction permit.
(2) The animal truck wash effluent will be
				added to an existing manure storage structure resulting in a total stored
				volume greater than that approved in the construction permit or the
				construction design statement approval letter.
d. When the animal truck wash facility is
				part of an open feedlot operation and all of the following apply:
(1) The department has issued a construction
				permit or an NPDES permit for an open feedlot operation.
(2) The animal truck wash effluent will be
				added to an existing settled open feedlot effluent basin resulting in a total
				stored volume greater than that approved in the construction permit or NPDES
				permit.
e. When an animal
				truck wash facility is constructed or expanded as part of a SAFO that includes
				a manure storage structure and the animal truck wash effluent will be added to
				the manure storage structure.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IV - Wastewater Treatment and Disposal › Chapter 65 - Animal Feeding Operations › Rule 567-65.302 - Separation Distances

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Separation distances for the construction or expansion of an animal
				truck wash effluent structure.
a. An
				animal truck wash effluent structure shall not be constructed or expanded
				within 1,250 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.
b. An animal truck wash effluent structure
				shall not be constructed or expanded within 100 feet from a public
				thoroughfare.
c. Any separation
				distance required for a confinement feeding operation structure and a location
				or object specified in Table 6 for "Water Wells" and "Other Distances" located
				at
iowadnr.gov/afo/rules
shall also apply to the
				animal truck wash effluent structure and that same location or
				object.
d. An animal truck wash
				effluent structure shall not be constructed or expanded on land that is part of
				a one hundred year floodplain.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IV - Wastewater Treatment and Disposal › Chapter 65 - Animal Feeding Operations › Rule 567-65.304 - Unformed Animal Truck Wash Effluent Structure-investigation; Design; Construction Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
An unformed animal truck wash effluent structure required to
				  be constructed pursuant to a construction permit issued pursuant to Iowa Code
				  section 459A.205 shall meet the design
				  and construction requirements set forth in this rule.
(1)
Drainage tile investigation and
				removal.
Prior to constructing an unformed truck wash effluent basin,
				the site for the basin shall be investigated for drainage tile lines as
				provided in this subrule. All applicable records of known drainage tiles shall
				be examined for the existence of drainage tile lines.
a. Prior to excavation for an unformed manure
				storage structure, an inspection trench of at least ten inches wide shall be
				dug around the structure to a depth of at least 6 feet below the original grade
				and within 25 feet of the proposed outside of the toe of the berm.
b. Drainage tile lines discovered during the
				tile inspection of an unformed manure storage structure shall be removed and
				rerouted in the inspection trench or in an area outside of the inspection
				trench. All tiles within the inspection trench perimeter shall be removed or
				completely plugged with concrete, grout or similar materials. Drainage tile
				lines installed at the time of construction to lower the groundwater may remain
				in place as long as they are outside of the proposed toe of
				berm.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IV - Wastewater Treatment and Disposal › Chapter 65 - Animal Feeding Operations › Rule 567-65.305 - Construction Certification

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The owner of an
				animal truck wash facility who is issued a construction permit for an animal
				truck wash effluent structure as provided in rule 567-65.301(455B,459,459A)
				shall submit to the department a construction certification on a form provided
				by the department from a PE certifying all of the following:
a. The animal truck wash effluent structure
				was constructed in accordance with the design plans submitted to the department
				as part of an application for a construction permit pursuant to rule
				567-65.303(455B,459A). 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 these
				rules.
b. The animal truck wash
				effluent structure was inspected by the PE after completion of construction and
				before commencement of operation.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IV - Wastewater Treatment and Disposal › Chapter 65 - Animal Feeding Operations › Rule 567-65.306 - Nmp Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The owner of an
				animal truck wash facility, other than a small animal truck wash facility, that
				has an animal truck wash effluent structure shall develop and implement an NMP
				meeting the requirements of this rule. However, an animal truck wash facility
				that is part of a confinement feeding operation, in lieu of submitting an NMP,
				may submit an original MMP and an updated MMP to the department.
(2) A person shall not remove animal truck
				wash effluent from an animal truck wash facility for which an NMP is required
				under this rule, unless the department approves an NMP as required in this
				rule.
(3) The department shall not
				approve an application for a permit to construct an animal truck wash effluent
				structure unless the owner of the animal truck wash facility applying for
				approval submits an NMP together with the application for the construction
				permit as provided in rule 567-65.301(455B,459,459A).
(4) If a construction permit is required as
				provided in rule 567-65.301(455B,459,459A), the department shall approve or
				disapprove the NMP as part of the construction permit application. If a
				construction permit is not required, the department shall approve or disapprove
				the NMP within 60 days from the date that the department receives the
				NMP.
(5) An NMP shall include all
				of the following:
a. Restrictions on the
				application of animal truck wash effluent based on all of the following:
(1) A phosphorus index of each field in the
				NMP, as required in subrule 65.111(12), including the factors used in the
				calculation. A copy of the NRCS phosphorus index detailed report shall satisfy
				the requirement to include the factors used in the calculation. In addition,
				total phosphorus (as P2O5)
				available to be applied from the animal truck wash facility shall be
				included.
(2) Calculations
				necessary to determine the land area required for the application of animal
				truck wash effluent from an animal truck wash facility based on nitrogen or
				phosphorus use levels (as determined by the phosphorus index) in order to
				obtain optimum crop yields according to a crop schedule specified in the NMP
				and according to requirements specified in subrule 67.111(4).
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IV - Wastewater Treatment and Disposal › Chapter 66 - Pesticide Application to Waters › Rule 567-66.1 - Aquatic Pesticide

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Prohibited discharges.
Pesticides shall not be applied to any
				water of the United States (as defined in 40 CFR Part 122.2) except as
				provided in 66.1(2) and 567-Chapter 64.
(2)
Allowable applications.
Pesticides may be applied to any water of the United States (as defined in 40
				CFR Part 122.2) in accordance with 567-Chapter 64 and NPDES General Permit No.
				7, "Pesticide General Permit (PGP) for Point Source Discharges to Waters of the
				United States From the Application of Pesticides."
(3)
Requirements to obtain a permit
				to apply an aquatic pesticide.
Rescinded IAB 2/9/11, effective
				3/30/11.
(4)
Basis for
				permit denial.
Rescinded IAB 2/9/11, effective 3/30/11.
(5)
Special considerations.
Rescinded IAB 2/9/11, effective 3/30/11.