Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title VII - Water Pollution Control State Revolving Fund › Chapter 93 - Nonpoint Source Pollution Control Set-aside Programs › Rule 567-93.5 - Livestock Water Quality Facilities Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Livestock water quality
				facilities assistance.
Assistance shall be in the form of low-interest
				loans made by participating lending institutions through a linked deposit
				arrangement with the CWSRF. The following eligibility conditions and
				restrictions for participation apply to such assistance.
a.
Eligible project costs.
All costs directly related to the design, permitting, construction, and
				financing of the water pollution control facilities are eligible. The amount of
				assistance available shall be limited to the total costs deemed necessary,
				reasonable and directly related to the facilities required to provide water
				pollution control as required by the department or to prevent, minimize or
				eliminate water pollution.
b.
Applicant eligibility.
Assistance is limited to livestock
				producers operating animal feeding operations according to federal law.
				Concentrated animal feeding operations as defined in 40 CRF Section 122.23 are
				not eligible.
Loans will be made only to livestock producers that are
				  operators of record or have legal control of the property containing the animal
				  feeding operation for the duration of the loan. The department has the
				  discretion to deny applications for producers if the department has issued an
				  administrative order to the producer pursuant to Iowa Code section 455B. 175,
				  if the department notifies the producer in writing of intent to recommend
				  referral or the commission refers the action to the attorney general pursuant
				  to Iowa Code section
				  455B175., or if the
				  attorney general has commenced legal proceedings against the producer pursuant
				  to Iowa Code section
				  455B112..
c.
Eligible
				projects.
The water pollution control facilities considered eligible
				for assistance include: manure storage structures, solids settling basins,
				composting facilities and equipment, lagoons (including fencing), portions of
				feeding floors or loafing areas used for waste collection, water and sediment
				control basins, vegetative filters or buffers, surface water diversion
				structures, agitation or transfer pumps, dry bedded confinement feeding
				operation buildings or structures pursuant to 2009 Iowa Code Supplement chapter
				459B when all or part of an open feedlot is replaced, and other practices shown
				to improve or protect water quality. Replacement animal feeding operations may
				be eligible where an existing animal feeding operation is eliminated to prevent
				a water quality impairment or mitigate a documented impairment. Engineering or
				technical service fees associated with the aforementioned practices are also
				eligible. A one-time purchase of attachments integral to the manure management
				system, such as blades, buckets, choppers, or spreaders, may be eligible at the
				time that an open feedlot is replaced with a dry bedded confinement
				building.
d.
Funding
				formula.
Loans for water quality projects for facilities being
				expanded by an increase in the animal unit capacity shall be funded according
				to the following formula:
Existing animal unit capacity/new animal unit capacity x
				  total eligible project cost x 1.5 = maximum linked deposit amount
Example: 450 AUC / 900 AUC x $500,000 x 1.5 = $375,000
Example: 300 AUC / 600 AUC x $300,000 x 1.5 = $225,000
Example: 50 AUC / 900 AUC x $500,000 x 1.5 = $41,666
If existing areas in open feedlots are kept open where some
				  pens are replaced and the operation is expanded through the addition of a dry
				  bedded confinement feeding operation building, the remaining open lot areas
				  must comply with
				  567-65101.
				  (459A).