Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IV - Wastewater Treatment and Disposal › Chapter 65 - Animal Feeding Operations › Rule 567-65.104 - Preconstruction Submittal Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
Prior to beginning construction, expansion or modification of
				  a confinement feeding operation structure, a person shall obtain from the
				  department a construction permit pursuant to subrule 65.103(1), a construction
				  approval letter pursuant to subrule 65.103(7) or approval of a secondary
				  containment barrier design pursuant to subrule 65.104(5), according to
				  procedures established in this rule.
(1)
Construction permit
				application.
Application for a construction permit for a confinement
				feeding operation shall be made on a form provided by the department. The
				application shall include all of the information required in the form. At the
				time the department receives a complete application, the department shall make
				a determination regarding the approval or denial of the permit in accordance
				with subrule 65.105(5). A construction permit application for a confinement
				feeding operation shall be filed as instructed on the form and shall include
				the following:
a. The name of the applicant
				and the name of the confinement feeding operation, including mailing address
				and telephone number.
b. The name
				of the current landowner or the proposed landowner of the land where the
				confinement feeding operation will be located.
c. The contact person for the confinement
				feeding operation, including mailing address and telephone number.
d. The location of the confinement feeding
				operation.
e. Whether the
				application is for the expansion of an existing operation or the construction
				of a proposed confinement feeding operation, and the date when it was first
				constructed if an existing operation.
f. The animal unit capacity by animal species
				of the current confinement feeding operation to be expanded, if applicable, and
				of the proposed confinement feeding operation. If the confinement feeding
				operation includes a confinement feeding operation structure that was
				constructed prior to March 1, 2003, the animal weight capacity by animal
				species of the current confinement feeding operation to be expanded, if
				applicable, and of the proposed confinement feeding operation shall also be
				included.
g. Engineering documents.
				A confinement feeding operation that utilizes an unformed manure storage
				structure, an egg washwater storage structure or a formed manure storage
				structure at an operation that meets the threshold requirements for an engineer
				as defined in rule 567-65.1 (455B,459,459A,459B)
				shall include an engineering report, construction plans and specifications. The
				engineering report, construction plans and specifications must be prepared and
				signed by a licensed PE or by an NRCS-qualified staff person, must detail the
				proposed structures, and must include a statement certifying that the manure
				storage structure complies with the requirements of Iowa Code chapter 459. In
				addition, a qualified soils or groundwater professional, licensed PE or
				NRCS-qualified staff person shall submit a hydrogeologic report on soil corings
				in the area of the unformed manure storage structure or egg washwater storage
				structure as described in subrules 65.108(5) and 65.108(9).
h. Construction design statement or PE design
				certification. A confinement feeding operation that uses a formed manure
				storage structure and that is below the threshold requirements for an engineer
				as defined in rule 567-65.1 (455B,459,459A,459B)
				shall submit a construction design statement pursuant to subrule 65.104(3) or a
				PE design certification pursuant to subrule 65.104(4). All elevations shall be
				in NAV 88 datum for sites with alluvial soils or floodplain
				requirements.
i. Payment to the
				department of the indemnity fund fee as required in Iowa Code section
				459.502.
j. If the construction permit application is
				for three or more confinement feeding operation structures, a drainage tile
				certification shall be submitted as follows:
(1) If the application is for an unformed
				manure storage structure, an egg washwater storage structure or a formed manure
				storage structure that meets the threshold requirements for an engineer as
				defined in rule 567-65.1 (455B,459,459A,459B), a
				licensed PE shall certify that either the construction of the structure will
				not impede the drainage through established drainage tile lines which cross
				property boundary lines or that if the drainage is impeded during construction,
				the drainage tile will be rerouted to reestablish the drainage prior to
				operation of the structure.
(2) If
				the application is for a formed manure storage structure that does not meet the
				threshold engineering requirements, a drainage tile certification shall be
				submitted as part of the construction design statement pursuant to subrule
				65.104(3) or as part of the PE design certification pursuant to subrule
				65.104(4).
k. Information
				(e.g., maps, drawings, aerial photos) that clearly shows the proposed location
				of the confinement feeding operation structures; any existing confinement
				feeding operation structures; any locations or objects from which a separation
				distance is required by Iowa Code sections
				459.202,
				459.203 and
				459.310; and that the structures
				will meet all applicable separation distances. If applicable, a copy of a
				recorded separation distance waiver, pursuant to paragraph
				65.107(1)
"b,"
must be included with the application. Also, if
				applicable, a secondary containment barrier design, pursuant to subrules
				65.104(5) and 65.107(7), shall be included.
l. The names of all parties with an interest
				or controlling interest in the confinement feeding operation who also have an
				interest or controlling interest in at least one other confinement feeding
				operation in Iowa, and the names and locations of such other operations; for a
				partnership or corporation owning the confinement feeding operation, a list of
				all members and their percentage of ownership in the partnership or
				corporation.
m. Copies of the MMP
				pursuant to rule 567-65.110
				(455B,459,459B).
n. A construction
				permit application fee of $250 and the MMP filing fee of $250 as required in
				subrule 65.110(7).
o. A copy of the
				AFO Siting Atlas indicating the location of the proposed structure, with the
				one hundred year floodplain and karst layers included.
p. A copy of any master matrix evaluation
				provided to the county.
q. A
				livestock odor mitigation evaluation certificate issued by Iowa State
				University as provided in Iowa Code section 266.49. The applicant is not
				required to submit the certificate if any of the following apply:
(1) The confinement feeding operation is
				twice the minimum separation distance required from the nearest object or
				location from which a separation distance is required pursuant to Iowa Code
				section 459.202 on the date of the
				application, not including a public thoroughfare.
(2) The owner of each object or location that
				is less than twice the minimum separation distance required pursuant to Iowa
				Code section 459.202 from the confinement
				feeding operation on the date of the application, other than a public
				thoroughfare, executes a document consenting to the construction.
(3) The applicant submits a document swearing
				that Iowa State University has failed to furnish a certificate to the applicant
				within 45 days after the applicant requested Iowa State University to conduct a
				livestock odor mitigation evaluation as provided in Iowa Code section
				266.49.
(4) The application is for
				a permit to expand a confinement feeding operation, if the confinement feeding
				operation was first constructed before January 1, 2009.
(5) Iowa State University does not provide
				for a livestock odor mitigation evaluation effort as provided in Iowa Code
				section 266.49, for any reason,
				including because funding is not available.
r. Documentation that copies of all the
				construction permit application documents have been provided to the county
				board of supervisors or county auditor in the county where the operation or
				structure subject to the permit is to be located, and documentation of the date
				received by the county.