Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IV - Wastewater Treatment and Disposal › Chapter 65 - Animal Feeding Operations › Rule 567-65.1 - Definitions and Incorporation by Reference

Current through Register Vol. 47, No. 3, July 24, 2024
In addition to the definitions in Iowa Code sections
				  455B.101,
				  455B.171,
				  459.102,
				  459A.102, and
				  459B.102 and in 567-Chapter 60,
				  the following definitions shall apply to this chapter:
(1)
Definitions.
"Abandoned AFO structure"
means the AFO
				  structure has been razed, removed from the site of an AFO, filled in with
				  earth, or converted to uses other than an AFO structure so that it cannot be
				  used as an AFO structure without significant reconstruction.
"Adjacent"
for open feedlot operation. Two
				  or more open feedlot operations are defined as adjacent if both of the
				  following occur:
1. At least one open
				feedlot operation structure is constructed on or after July 17, 2002;
				and
2. An open feedlot operation
				structure that is part of one open feedlot operation is separated by less than
				1,250 feet from an open feedlot operation structure that is part of the other
				open feedlot operation.
"Adjacent-air quality"
for confinement
				  feeding operations means, for the purpose of determining separation distance
				  requirements pursuant to rule
				  567-65.106 (455B,459,459B), that
				  two or more confinement feeding operations are adjacent if they have AFO
				  structures that are separated at their closest points by less than the
				  following:
1. 1,250 feet for a
				confinement feeding operation having an animal unit capacity of less than 1,250
				animal units for swine maintained as part of a farrowing and gestating
				operation, less than 2,700 animal units for swine maintained as part of a
				farrow-to-finish operation, less than 4,000 animal units for cattle maintained
				as part of a cattle operation, or less than 3,000 animal units for any other
				confinement feeding operation, or for a confinement feeding operation
				consisting of dry bedded confinement feeding operation structures.
2. 1,500 feet for a confinement feeding
				operation having an animal unit capacity of 1,250 or more but less than 2,000
				animal units for swine maintained as part of a swine farrowing and gestating
				operation, 2,700 or more but less than 5,400 animal units for swine maintained
				as part of a farrow-to-finish operation, 4,000 or more but less than 6,500
				animal units for cattle maintained as part of a cattle operation, or for any
				other confinement feeding operation having an animal unit capacity of 3,000 or
				more but less than 5,000 animal units.
3. 2,500 feet for a confinement feeding
				operation having an animal unit capacity of 2,000 or more animal units for
				swine maintained as part of a swine farrowing and gestating operation, 5,400 or
				more animal units for swine maintained as part of a farrow-to-finish operation,
				or 6,500 or more animal units for cattle maintained as part of a cattle
				operation, or for any other confinement feeding operation with 5,000 or more
				animal units.
The distances in paragraphs "1" to "3" above shall only be
				  used to determine that two or more confinement feeding operations are adjacent
				  if at least one confinement feeding operation structure was constructed on or
				  after March 21, 1996.
To determine if two or more confinement feeding operations
				  are adjacent, for the purpose of determining the separation distance
				  requirements, the animal unit capacity of each individual operation shall be
				  used. If two or more confinement feeding operations do not have the same animal
				  unit capacity, the greater animal unit capacity shall be used to determine the
				  separation distance.
Dry manure that is stockpiled within a distance of 1,250 feet
				  from another stockpile shall be considered part of the same stockpile.
"Adjacent-water quality"
for confinement
				  feeding operations means, for the purpose of determining the construction
				  permit requirements pursuant to rule
				  567-65.103 (455B,459,459B) and
				  MMP requirements pursuant to rule
				  567-65.110 (455B,459,459B), that
				  two or more confinement feeding operations are adjacent if they have
				  confinement feeding operation structures that are separated at their closest
				  points by less than the following:
1.
				1,250 feet for confinement feeding operations having a combined animal unit
				capacity of less than 1,000 animal units.
2. 2,500 feet for confinement feeding
				operations having a combined animal unit capacity of 1,000 or more animal
				units.
3. The distances in
				paragraphs "1" and "2" above shall only be used to determine that two or more
				confinement feeding operations are adjacent if at least one confinement feeding
				operation structure is constructed or expanded on or after May 21,
				1998.
"Aerobic structure"
means an AFO structure
				  other than an egg washwater storage structure which relies on aerobic bacterial
				  action which is maintained by the utilization of air or oxygen and which
				  includes aeration equipment to digest organic matter. Aeration equipment shall
				  be used and shall be capable of providing oxygen at a rate sufficient to
				  maintain an average of 2 milligrams per liter dissolved oxygen concentration in
				  the upper 30 percent of the depth of manure in the structure at all
				  times.
"AFO structure"
means a confinement
				  building, manure storage structure, dry bedded confinement feeding operation
				  structure, or egg washwater storage structure.
"Agricultural drainage well"
means a
				  vertical opening to an aquifer or permeable substratum which is constructed by
				  any means including but not limited to drilling, driving, digging, coring,
				  augering, jetting, or washing and which is capable of intercepting or receiving
				  surface or subsurface drainage water from land directly or by a drainage
				  system.
"Agricultural drainage well area"
means an
				  area of land where surface or subsurface water drains into an agricultural
				  drainage well directly or through a drainage system connecting to the
				  agricultural drainage well.
"Alluvial aquifer area"
means an area
				  underlaid by sand or gravel aquifers situated beneath floodplains along stream
				  valleys and includes alluvial deposits associated with stream terraces and
				  benches, contiguous windblown sand deposits, and glacial outwash
				  deposits.
"Alluvial soils"
means soils formed in
				  materials deposited by moving water.
"Alternative technology settled open feedlot effluent
				  control system"
or
"AT system"
means use of an open
				  feedlot effluent control technology other than a conventional runoff
				  containment system to control and dispose of settled open feedlot
				  effluent.
"Anaerobic digester system"
or
"digester"
means a manure storage structure that is covered if
				  the primary function of the manure storage structure is to process manure by
				  employing environmental conditions including bacteria to break down organic
				  matter in the absence of oxygen, and the structure is used for producing,
				  collecting, and utilizing a biogas.
"Anaerobic lagoon"
means an unformed manure
				  storage structure if the primary function of the structure is to store and
				  stabilize manure, the structure is designed to receive manure on a regular
				  basis, and the structure's design waste loading rates provide that the
				  predominant biological activity is anaerobic. An anaerobic lagoon does not
				  include the following:
1. A runoff
				control basin or a settled open feedlot effluent basin that collects and stores
				only precipitation-induced runoff from an open feedlot operation.
2. An anaerobic treatment system that
				includes collection and treatment facilities for all off gases.
"Animal"
means cattle, swine, horses, sheep,
				  chickens, turkeys, goats, fish, or ducks.
"Animal capacity"
means the maximum number
				  of animals that the owner or operator will confine in an AFO at any one time.
				  The animal capacity shall be what is currently approved or permitted on the
				  site and is listed in the MMP or NMP, unless a portion of the facility has been
				  properly closed or taken out of operation through the small AFO election as
				  provided in paragraph 65.110(1)
"f."
In a confinement feeding
				  operation, the animal capacity of all confinement buildings will be included in
				  the determination of the animal capacity of the operation, unless the building
				  has been abandoned, in accordance with the definition of "abandoned AFO
				  structure."
"Animal feeding operation"
or
"AFO"
means a lot, yard, corral, building, or other area in
				  which animals are confined and fed and maintained for 45 days or more in any
				  12-month period, and all structures used for the storage of manure from animals
				  in the operation. Except as required for an NPDES permit required pursuant to
				  the Act, an AFO does not include a livestock market. Open feedlot operations
				  and confinement feeding operations are considered to be separate AFOs.
"Animal truck wash effluent"
means a
				  combination of manure, washwater-induced runoff, or other runoff derived from
				  an animal truck wash facility, which may include solids.
"Animal truck wash effluent structure"
means
				  an impoundment that is part of an animal truck wash facility, if the primary
				  function of the impoundment is to collect and store animal truck wash
				  effluent.
"Animal truck wash facility"
means an
				  operation engaged solely in washing single-unit trucks, truck-tractors,
				  semitrailers, or trailers used to transport animals. An animal truck wash
				  facility is considered to be part of an AFO if the animal truck wash facility
				  and the AFO are under common ownership or management and the animal truck wash
				  facility is located within 1,250 feet of the AFO.
"Animal unit"
means a unit of measurement
				  based upon the product of multiplying the number of animals of each category by
				  a special equivalency factor, as follows:
1. Slaughter and feeder cattle
							 ..........................................
............. 1.00
2. Immature dairy cattle
							 ...............................................
............. 1.00
3. Mature dairy cattle
							 .................................................
............ 1.400
4. Butcher or breeding swine weighing more than 55
							 pounds ................
............ 0.400
5. Swine weighing 15 pounds or more but not more than
							 55 pounds ..........
............ 0.100
6. Sheep or lambs
							 ....................................................
............ 0.100
7. Goats
							 ............................................................
............ 0.100
8. Horses
							 ...........................................................
............. 2.00
9. Turkeys weighing 7 pounds or more
							 ..................................
............ 0.018
10. Turkeys weighing less than 7 pounds
							 .................................
........... 0.0085
11. Broiler or layer chickens weighing 3 pounds or
							 more ...................
............ 0.010
12. Broiler or layer chickens weighing less than 3
							 pounds ...................
........... 0.0025
13. Ducks
							 ..........................................................
............ 0.040
14. Fish weighing 25 grams or more
							 .....................................
............ 0.001
15. Fish weighing less than 25 grams
							 ....................................
.......... 0.00006
"Animal unit capacity"
means a measurement
				  used to determine the maximum number of animal units that may be maintained as
				  part of an AFO at any one time, including as provided in Iowa Code sections
				  459.201,
				  459.301, and
				  459A.103. For dry bedded
				  confinement feeding operations, "animal unit capacity" means the maximum number
				  of animal units that the owner or operator confines in a dry bedded confinement
				  feeding operation at any one time, including the animal unit capacity of all
				  dry bedded confinement feeding operation buildings that are used to house
				  cattle or swine in the dry bedded confinement feeding operation. For purposes
				  of determining whether an open feedlot operation must obtain an NPDES permit,
				  the animal unit capacity of the AFO shall include the animal unit capacities of
				  both the open feedlot operation and any adjacent confinement feeding operation
				  if all of the following occur:
1. The
				animals in the open feedlot operation and any adjacent confinement feeding
				operation are all in the same category of animals as used in the definitions of
				"large CAFO" and "medium CAFO" in 40 CFR Part 122 ;
2. The closest open feedlot operation
				structure is separated by less than 1,250 feet from the closest confinement
				feeding operation structure; and
3.
				The open feedlot operation and the confinement feeding operation are under
				common ownership or management.
"Animal weight capacity"
means the sum of
				  the average weight of all animals in a confinement feeding operation when the
				  operation is at full animal capacity. For confinement feeding operations with
				  only one species, the animal weight capacity is the product of multiplying the
				  animal capacity by the average weight during a production cycle. For operations
				  with more than one species, the animal weight capacity of the operation is the
				  sum of the animal weight capacities for all species. This definition applies to
				  confinement feeding operations constructed prior to March 1, 2003.
"Applicant"
means the person applying for a
				  construction permit or an NPDES permit for an AFO.
"Bedding"
means crop, vegetation, sand, or
				  forage residue or similar materials placed in a dry bedded confinement building
				  for the care of animals.
"Business"
means a commercial
				  enterprise.
"Cemetery"
means a space held for the
				  purpose of permanent burial, entombment or interment of human remains that is
				  owned or managed by a political subdivision or private entity or a cemetery
				  regulated pursuant to Iowa Code chapter 523I. A cemetery does not include a
				  pioneer cemetery as defined by Iowa Code section
				  331.325.
"Church"
means a religious
				  institution.
"Commercial enterprise"
means a building
				  which is used as a part of a business that manufactures goods, delivers
				  services, or sells goods or services, which is customarily and regularly used
				  by the general public during the entire calendar year and which is connected to
				  electric, water, and sewer systems. A commercial enterprise does not include a
				  farm operation.
"Commercial manure service"
means a sole
				  proprietor or business association engaged in the business of transporting,
				  handling, storing, or applying manure for a fee.
"Commercial manure service representative"
means a manager, employee, agent, or contractor of a commercial manure service,
				  if the person is engaged in transporting, handling, storing, or applying manure
				  on behalf of the service.
"Common management"
means significant
				  control by an individual of the management of the day-to-day operations of each
				  of two or more AFOs. "Common management" does not include control over a
				  contract livestock facility by a contractor as defined in Iowa Code section
				  202.1.
"Common ownership"
for confinement feeding
				  operations means the ownership of a confinement feeding operation as a sole
				  proprietor, or a 10 percent or more ownership interest held by a person, in
				  each of two or more confinement feeding operations as a joint tenant, tenant in
				  common, shareholder, partner, member, beneficiary, or other equity interest
				  holder. The ownership interest is a common ownership interest when it is held
				  directly, indirectly through a spouse or dependent child, or both. The
				  following exceptions shall apply to this definition:
1. For a confinement feeding operation
				structure constructed before June 19, 2024, that has not been expanded, "common
				ownership" means the ownership of a confinement feeding operation as a sole
				proprietor, or a majority ownership interest held by a person, in each of two
				or more confinement feeding operations as a joint tenant, tenant in common,
				shareholder, partner, member, beneficiary, or other equity interest holder. The
				majority ownership interest is a common ownership interest when it is held
				directly, indirectly through a spouse or dependent child, or both. This
				exception shall not apply to a confinement feeding structure or operation
				expanded after June 19, 2024; instead, the 10 percent or more ownership
				interest standard shall apply.
2.
				This definition shall not apply to a dry bedded confinement feeding operation
				that is subject to the common ownership requirements in Iowa Code section
				459B.103(3)
"a"
(3) nor to an open feedlot operation as defined
				in this rule.
"Common ownership" for open feedlot operations means to hold
				  an interest in each of two or more open feedlot operations as any of the
				  following:
1. A sole
				proprietor;
2. A joint tenant or
				tenant in common; or
3. A holder of
				a majority equity interest in a business association as defined in Iowa Code
				section 202B.102, including as a
				shareholder, partner, member, beneficiary, or other equity interest
				holder.
An interest in an open feedlot operation under paragraph "2"
				  or "3" is a common ownership interest when it is held directly or indirectly
				  through a spouse or dependent child, or both.
"Complete application"
means an application
				  that is substantially complete and approvable when all necessary questions on
				  the application forms have been completed, the application is signed and all
				  applicable portions of the application, including the application form,
				  required attachments, and application fees, have been submitted.
"Concentrated AFO"
or
"CAFO"
means an AFO that is a designated CAFO, or that is
				  defined as a large CAFO or a medium CAFO as defined in
				  40 CFR
				  122.23(b).
"Confinement feeding operation"
means an AFO
				  in which animals are confined to areas that are totally roofed and includes an
				  AFO that is not an open feedlot operation as defined in this chapter.
1. For purposes of water quality regulation,
				Iowa Code section 459.301 provides that two or
				more AFOs under common ownership or management are deemed to be a single AFO if
				they are adjacent or utilize a common area or system for manure disposal. For
				purposes of the air quality-related separation distances in Iowa Code section
				459.202, Iowa Code section
				459.201 provides that two or
				more AFOs under common ownership or management are deemed to be a single AFO if
				they are adjacent or utilize a common system for manure storage. The
				distinction is due to regulation of AFOs for water quality purposes under the
				Act. 40 CFR
				122.23 sets out the requirements for an AFO
				and requires that two or more AFOs under common ownership be considered a
				single operation if they adjoin each other or if they use a common area or
				system for disposal of wastes. However, this federal regulation does not
				control regulation of AFOs for the purposes of the separation distances in Iowa
				Code section 459.202, and therefore the
				definition is not required by federal law to include common areas for manure
				disposal.
2. To determine if two or
				more AFOs are deemed to be one AFO, the first test is whether the AFOs are
				under common ownership or management. If they are not under common ownership or
				management, they are not one AFO. For purposes of water quality regulation, the
				second test is whether the two AFOs are adjacent or utilize a common area or
				system for manure disposal. If the two operations are not adjacent and do not
				use a common area or system for manure disposal, they are not one AFO. For
				purposes of the air quality-related separation distances in Iowa Code section
				459.202, the second test is whether the two AFOs are adjacent or utilize a
				common system for manure storage. If the two operations are not adjacent and do
				not use the same system for manure storage, they are not one AFO.
3. A common area or system for manure
				disposal includes but is not limited to use of the same manure storage
				structure, confinement feeding operation structure, egg washwater storage
				structure, stockpile, permanent manure transfer piping system or center pivot
				irrigation system. A common area or system for manure disposal does not include
				manure application fields included in a manure management plan or anaerobic
				digester system.
"Confinement feeding operation building"
or
"confinement building"
means a building used in conjunction
				  with a confinement feeding operation to house animals.
"Confinement feeding operation structure"
means an AFO structure that is part of a confinement feeding operation.
"Confinement site"
means a site where there
				  is located a manure storage structure which is part of a confinement feeding
				  operation, other than a SAFO.
"Confinement site manure applicator"
means a
				  person, other than a commercial manure service or a commercial manure service
				  representative, who applies manure on land if the manure originates from a
				  manure storage structure.
"Construction approval letter"
means a
				  written document of the department to acknowledge that the preconstruction
				  submittal requirements of rule
				  567-65.104 (455B,459,459B) have
				  been met for a confinement feeding operation that is not required to obtain a
				  construction permit pursuant to rule
				  567-65.103
				  (455B,459,459B).
"Construction design statement"
means a
				  document required to be submitted by a confinement feeding operation prior to
				  constructing a formed manure storage structure, other than a SAFO, but that
				  does not meet the threshold engineering requirements.
"Construction permit"
means a written
				  approval of the department to construct, modify or alter the use of an AFO
				  structure as required by rules
				  567-65.103 (455B,459,459B) and
				  567-65.203 (455B,459A).
"Controlling interest"
means ownership of a
				  confinement feeding operation as a sole proprietor or a majority ownership
				  interest held by a person in a confinement feeding operation as a joint tenant,
				  tenant in common, shareholder, partner, member, beneficiary, or other equity
				  interest holder. The majority ownership interest is a controlling interest when
				  it is held directly, indirectly through a spouse or dependent child, or both.
				  The majority ownership interest must be a voting interest or otherwise control
				  management of the confinement feeding operation.
"Covered"
means organic or inorganic
				  material, placed upon an AFO structure used to store manure, which
				  significantly reduces the exchange of gases between the stored manure and the
				  outside air. Organic materials include but are not limited to a layer of
				  chopped straw, other crop residue, or a naturally occurring crust on the
				  surface of the stored manure. Inorganic materials include but are not limited
				  to wood, steel, aluminum, rubber, plastic, or Styrofoam. The materials shall
				  shield at least 90 percent of the surface area of the stored manure from the
				  outside air. Cover shall include an organic or inorganic material which current
				  scientific research shows reduces detectable odor by at least 75 percent. A
				  formed manure storage structure directly beneath a floor where animals are
				  housed in a confinement feeding operation is deemed to be covered.
"Critical public area"
means land that is
				  owned or managed by the federal government, by the department, or by a
				  political subdivision and that has unique scenic, cultural, archaeological,
				  scientific, or historic significance or contains a rare or valuable ecological
				  system. Critical public areas include:
1. State wildlife and waterfowl refuges
				listed in 571-subrules 52.1(2) and 52.1(3);
2. Recreation areas, state parks, state parks
				managed by another governmental agency, and state preserves as listed in rule
				571-61.2(461A);
3. County parks and
				recreation areas as provided in subrule 65.1(2);
4. National wildlife refuges listed as
				follows: Union Slough National Wildlife Refuge, DeSoto National Wildlife
				Refuge, Boyer Chute National Wildlife Refuge, Upper Mississippi River National
				Wildlife and Fish Refuge, Driftless Area National Wildlife Refuge, Neal Smith
				National Wildlife Refuge, and Port Louisa National Wildlife Refuge;
5. National monuments and national historic
				sites listed as follows: Effigy Mounds National Monument and Herbert Hoover
				National Historic Site;
6. Parks in
				Iowa that are under the federal jurisdiction listed with the United States Army
				Corps of Engineers as provided in subrule 65.1(2).
"Cropland"
means any land suitable for use
				  in agricultural production including but not limited to feed, grain and seed
				  crops, fruits, vegetables, forages, sod, trees, grassland, pasture and other
				  similar crops.
"Deep well"
means a well located and
				  constructed in such a manner that there is a continuous layer of low
				  permeability soil or rock at least 5 feet thick located at least 25 feet below
				  the normal ground surface and above the aquifer from which water is to be
				  drawn.
"Designated area"
means a known sinkhole,
				  abandoned well, unplugged agricultural drainage well, agricultural drainage
				  well cistern, agricultural drainage well surface tile inlet, drinking water
				  well, designated wetland, or water source. "Designated area" does not include a
				  terrace tile inlet or surface tile inlet other than an agricultural drainage
				  well surface tile inlet.
"Designated CAFO"
means an AFO that has been
				  designated as a CAFO pursuant to rule
				  567-65.201 (455B,459A).
"Designated wetland"
means land designated
				  as a protected wetland by the United States Department of the Interior or the
				  department, including but not limited to a protected wetland as defined in Iowa
				  Code section 456B.1, if the land is owned and
				  managed by the federal government or the department. However, a designated
				  wetland does not include land where an agricultural drainage well has been
				  plugged causing a temporary wetland or land within a drainage district or levee
				  district. Designated wetlands in the state are listed in the department's
				  "Designated Wetlands in Iowa" (more information is contained in subrule
				  65.1(2), incorporation by reference).
"Discontinued AFO"
means an AFO whose
				  structures have been abandoned or whose use has been discontinued as evidenced
				  by the removal of all animals and the owner or operator has no immediate plans
				  to repopulate.
"Discontinued AFO structure"
means an AFO
				  structure that has been abandoned or whose use has been discontinued as
				  evidenced by the removal of all animals from the structure and the owner or
				  operator has no immediate plans to repopulate.
"Document"
means any form required to be
				  processed by the department under this chapter regulating AFOs, including but
				  not limited to applications or related materials for permits as provided in
				  Iowa Code section 459.303, MMPs as provided in
				  Iowa Code section 459.312, comment or evaluation
				  by a county board of supervisors considering an application for a construction
				  permit, the department's analysis of the application including using and
				  responding to a master matrix pursuant to Iowa Code section
				  459.304, and notices required
				  under those sections.
"Dry bedded confinement feeding operation"
means a confinement feeding operation in which cattle or swine are confined to
				  areas which are totally roofed and in which all manure is stored as dry bedded
				  manure. Unless specifically stated otherwise, all requirements in Divisions I
				  and II of this chapter do apply to dry bedded confinement feeding
				  operations.
"Dry bedded confinement feeding operation
				  structure"
means a dry bedded confinement feeding operation building
				  or a dry bedded manure storage structure.
"Dry bedded manure"
means manure from cattle
				  or swine that meets all of the following requirements:
1. The manure does not flow perceptibly under
				pressure.
2. The manure is not
				capable of being transported through a mechanical pumping device designed to
				move a liquid.
3. The manure
				contains bedding.
"Dry bedded manure confinement feeding operation
				  building"
or
"building"
means a building used in
				  conjunction with a confinement feeding operation to house cattle or swine and
				  in which any manure from the animals is stored as dry bedded manure.
"Dry bedded manure storage structure"
means
				  a covered or uncovered structure, other than a building, used to store dry
				  bedded manure originating from a confinement feeding operation.
"Dry manure"
means manure that meets all of
				  the following conditions:
1. The
				manure does not flow perceptibly under pressure.
2. The manure is not capable of being
				transported through a mechanical pumping device designed to move a
				liquid.
3. The constituent
				molecules of the manure do not flow freely among themselves but may show a
				tendency to separate under stress.
"Dry manure" includes manure marketed as a bulk dry animal
				  nutrient product that is stored 1,250 feet or less from the confinement animal
				  feeding structure from which it originated.
"Earthen manure storage basin"
means an
				  earthen cavity, either covered or uncovered, that, on a regular basis, receives
				  manure discharges from a confinement feeding operation if accumulated manure
				  from the basin is completely removed at least once each year.
"Earthen waste slurry storage basin"
means
				  an uncovered and exclusively earthen cavity that, on a regular basis, receives
				  manure discharges from a confinement AFO if accumulated manure from the basin
				  is completely removed at least twice each year and that was issued a permit,
				  constructed or expanded on or after July 1, 1990, but prior to May 31,
				  1995.
"Educational institution"
means a building
				  in which an organized course of study or training is offered to students
				  enrolled in kindergarten through grade 12 and served by local school districts,
				  accredited or approved nonpublic schools, area education agencies, community
				  colleges, institutions of higher education under the control of the state board
				  of regents, and accredited independent colleges and universities.
"Egg washwater storage structure"
means an
				  aerobic or anaerobic structure used to store the wastewater resulting from the
				  washing and in-shell packaging of eggs. It does not include a structure also
				  used as a manure storage structure.
"Enforcement action"
means an action against
				  a person with a controlling interest in a confinement feeding operation
				  initiated by the department or the attorney general to enforce the provisions
				  of Iowa Code chapter 459 or 459B or rules adopted pursuant to either chapter.
				  An enforcement action begins when the attorney general institutes proceedings
				  in district court pursuant to Iowa Code section
				  455B.112. An enforcement action
				  is pending until final resolution of the action by satisfaction of a court
				  order, for which all judicial appeal rights are exhausted, expired, or
				  waived.
"Family member"
means a person related to
				  another person as parent, grandparent, child, grandchild, sibling, or a spouse
				  of such related person.
"Feed storage runoff basin"
means a covered
				  or uncovered impoundment with the primary function to collect and store runoff
				  from a feed storage area.
"Formed animal truck wash effluent
				  structure"
means a covered or uncovered impoundment used to store
				  effluent from an animal truck wash facility, which has walls and a floor
				  constructed of concrete, concrete block, wood, steel, or similar
				  materials.
"Formed manure storage structure"
means a
				  covered or uncovered impoundment used to store manure from an AFO, which has
				  walls and a floor constructed of concrete, concrete block, wood, steel, or
				  similar materials. Subject to department approval, similar materials may
				  include but are not limited to plastic, rubber, fiberglass, or other synthetic
				  materials. Materials used in a formed manure storage structure shall have the
				  structural integrity to withstand expected internal and external load
				  pressures.
"Formed settled open feedlot effluent basin"
means a settled open feedlot effluent basin which has walls and a floor
				  constructed of concrete, concrete block, wood, steel, or similar materials.
				  Similar materials may include but are not limited to plastic, rubber,
				  fiberglass, or other synthetic materials. Materials used in a formed settled
				  open feedlot effluent basin shall have the structural integrity to withstand
				  expected internal and external load pressures.
"Freeboard"
means the difference in
				  elevation between the liquid level and the confinement feeding operation
				  structure's overflow level.
"Frozen ground"
means soil that is
				  impenetrable due to frozen soil moisture but does not include soil that is only
				  frozen to a depth of two inches or less.
"Grassed waterway"
means a natural or
				  constructed channel that is shaped or graded to required dimensions and
				  established in suitable vegetation for the stable conveyance of runoff.
"Highly erodible land"
means a field that
				  has one-third or more of its acres or 50 acres, whichever is less, with soils
				  that have an erodibility index of eight or more, as determined by rules
				  promulgated by the United States Department of Agriculture.
"Human sanitary waste"
means wastewater
				  derived from domestic uses including bathroom and laundry facilities generating
				  wastewater from toilets, baths, showers, lavatories and clothes washing.
"Incidental"
means a duty which is secondary
				  or subordinate to a primary job or function.
"Incorporation"
means a soil tillage
				  operation following the surface application of manure which mixes the manure
				  into the upper four inches or more of soil.
"Indemnity fund"
means the livestock
				  remediation fund created in Iowa Code section
				  459.501.
"Injection"
means the application of manure
				  into the soil surface using equipment that discharges it beneath the
				  surface.
"Interest"
means ownership of a confinement
				  feeding operation as a sole proprietor or a 10 percent or more ownership
				  interest held by a person in a confinement feeding operation as a joint tenant,
				  tenant in common, shareholder, partner, member, beneficiary, or other equity
				  interest holder. The ownership interest is an interest when it is held
				  directly, indirectly through a spouse or dependent child, or both.
"Karst terrain"
means land having karst
				  formations that exhibit surface and subterranean features of a type produced by
				  the dissolution of limestone, dolomite, or other soluble rock and characterized
				  by closed depressions, sinkholes, or caves.
"Known sinkhole"
means a sinkhole that has
				  been included in the department's sinkhole coverage and displayed in the AFO
				  Siting Atlas or a sinkhole known to the applicant.
"Liquid manure"
means manure that meets all
				  of the following requirements:
1. The
				manure flows perceptibly under pressure.
2. The manure is capable of being transported
				through a mechanical pumping device designated to move a liquid.
3. The constituent molecules of the liquid
				manure flow freely among themselves and show a tendency to separate under
				stress.
Liquid manure that is frozen or partially frozen is included
				  in this definition.
"Livestock market"
means any place where
				  animals are assembled from two or more sources for public auction, private
				  sale, or on a commission basis, which is under state or federal supervision,
				  including a livestock sale barn or auction market, if such animals are kept for
				  ten days or less.
"Long-term stockpile location"
means an area
				  where a person stockpiles manure for more than a total of six months in any
				  two-year period.
"Low-pressure irrigation system"
means spray
				  irrigation equipment that discharges manure from a maximum height of nine feet
				  in a downward direction and that utilizes spray nozzles that discharge manure
				  at a maximum pressure of 25 pounds per square inch.
"Major water source"
means a water source
				  that is a lake, reservoir, river or stream located within the territorial
				  limits of the state, or any marginal river area adjacent to the state, if the
				  water source is capable of supporting a floating vessel capable of carrying one
				  or more persons during a total of a six-month period in one out of ten years,
				  excluding periods of flooding. Major water sources in the state are listed in
				  Table 1 and Table 2 at
iowadnr.gov/afo/rules
(more
				  information is contained in subrule 65.1(2), incorporation by
				  reference).
"Manager"
means a person who is actively
				  involved in the operation of the commercial manure service and makes management
				  decisions in the operation of the service.
"Man-made manure drainage system"
means a
				  drainage ditch, flushing system, or other drainage device which was constructed
				  by human beings and is used for the purpose of transporting manure.
"Manure"
means animal excreta or other
				  commonly associated wastes of animals including but not limited to bedding,
				  litter, or feed losses. Manure does not include wastewater resulting from the
				  washing and in-shell packaging of eggs. For the purposes of NPDES permitting,
				  "manure" includes manure, bedding, compost and raw materials or other materials
				  commingled with manure or set aside for disposal. If a manure storage structure
				  or animal truck wash effluent structure contains both manure from an AFO and
				  animal truck wash effluent from an animal truck wash facility, the effluent
				  shall be deemed to be manure.
"Manure storage structure"
means a formed
				  manure storage structure, an unformed manure storage structure, digester, or a
				  dry bedded manure storage structure. A manure storage structure does not
				  include the following:
(1) egg
				washwater storage structure,
(2)
				areas of a confinement building where no manure is stored, and
(3) areas of a confinement building where the
				animals have direct contact with the manure and the manure is removed regularly
				during the production cycle or at the conclusion of the production cycle
				(referred to as the "animal production area"). An animal truck wash effluent
				structure may be the same as a manure storage structure that is part of the
				confinement feeding operation, so long as the primary function of such
				impoundment is to collect and store both effluent from the animal truck wash
				facility and manure from the confinement feeding operation.
"NPDES permit"
means a written permit of the
				  department, pursuant to the National Pollutant Discharge Elimination System
				  (NPDES) program, to authorize and regulate the operation of a CAFO.
"NRCS"
means United States Department of
				  Agriculture Natural Resources Conservation Service.
"Nutrient management plan"
or
"NMP"
means a plan that provides for the management of manure,
				  process wastewater, settled open feedlot effluent, settleable solids, open
				  feedlot effluent, animal truck wash effluent, including the application of
				  effluent, as provided in rule
				  567-65.209 (455B,459A).
"One hundred year floodplain"
means the land
				  adjacent to a major water source, if there is at least a 1 percent chance that
				  the land will be inundated in any one year. In making the calculations, the
				  department shall consider available maps or data compiled by the Federal
				  Emergency Management Agency.
"Open feedlot"
means a lot, yard, corral,
				  building, or other area used to house animals in conjunction with an open
				  feedlot operation.
"Open feedlot effluent"
means a combination
				  of manure, precipitation-induced runoff, or other runoff from an open feedlot
				  before its settleable solids have been removed. If an open feedlot operation
				  structure or animal truck wash effluent structure contains effluent from both
				  an open feedlot operation and an animal truck wash facility, the animal truck
				  wash effluent shall be deemed to be open feedlot effluent.
"Open feedlot effluent basin"
means an open
				  feedlot basin that does not settle solids before the effluent goes to the
				  basin.
"Open feedlot operation"
means an unroofed
				  or partially roofed AFO if crop, vegetation, or forage growth or residue is not
				  maintained as part of the AFO during the period that animals are confined in
				  the AFO. "Open feedlot operation" includes a "partially roofed AFO" as defined
				  in this rule. Iowa Code section
				  459A.103 provides that two or
				  more open feedlot operations under common ownership or management are deemed to
				  be a single open feedlot operation if they are adjacent or utilize a common
				  area or system for open feedlot effluent disposal. To determine if two or more
				  open feedlot operations are deemed to be one open feedlot operation, the first
				  test is whether the open feedlot operations are under common ownership or
				  management. If they are not under common ownership or management, they are not
				  one open feedlot operation. The second test is whether the two open feedlot
				  operations are adjacent or utilize a common area or system for open feedlot
				  effluent disposal. If the two operations are not adjacent and do not use a
				  common area or system for open feedlot effluent disposal, they are not one open
				  feedlot operation.
"Open feedlot operation structure"
means an
				  open feedlot, an open feedlot effluent basin, a settled open feedlot effluent
				  basin, a solids settling facility, or an AT system. "Open feedlot operation
				  structure" does not include a manure storage structure as defined in Iowa Code
				  section 459.102.
"Owner"
means a person who has legal or
				  equitable title to the property where the AFO is located or a person who has
				  legal or equitable title to the AFO structures. "Owner" does not include a
				  person who has a lease to use the land where the AFO is located or to use the
				  AFO structures.
"Partially roofed AFO"
means an AFO in which
				  the animals are confined under a roof and there exists unroofed areas located
				  on the perimeter of the roofed structure, where the animals have unrestricted
				  access at all times. The square footage of the unroofed area shall be at least
				  10 percent of the square footage of the attached roofed production area.
				  Openings or vents in the roofed portion shall not be included in the 10 percent
				  unroofed calculation.
"Permanent vegetation cover"
means land that
				  is maintained in perennial vegetative cover consisting of grasses, legumes, or
				  both, and includes but is not limited to pastures, grasslands or
				  forages.
"Process wastewater"
means water directly or
				  indirectly used in the operation of the AFO for any or all of the following:
				  spillage or overflow from animal or poultry watering systems; washing,
				  cleaning, or flushing of pens, barns, manure pits, or other AFO facilities;
				  direct contact swimming, washing, or spray cooling of animals; or dust control.
				  Process wastewater also includes any water which comes into contact with any
				  raw materials, products, or byproducts, including manure, litter, feed, milk,
				  eggs or bedding.
"Production area"
means that part of an AFO
				  that includes the area in which animals are confined, the manure storage area,
				  the raw materials storage area, egg washing and egg processing facilities, and
				  the waste containment areas. The area in which animals are confined includes
				  but is not limited to open lots, housed lots, feedlots, stall barns, free stall
				  barns, milk rooms, milking centers, cow yards, barnyards, medication pens,
				  walkers, animal walkways, confinement houses, and stables. The manure storage
				  area includes but is not limited to lagoons, solids settling facilities,
				  settled open feedlot effluent basins, storage sheds, stockpiles, under house or
				  pit storages, liquid impoundments, static piles, and composting piles. The raw
				  materials storage area includes but is not limited to feed silos, silage
				  bunkers, and bedding materials. The waste containment area includes but is not
				  limited to settling basins and areas within berms and diversions that separate
				  uncontaminated storm water. Also included in the definition of production area
				  is any area used in the storage, handling, treatment, or disposal of
				  mortalities.
"Professional engineer"
or
"PE"
means a person engaged in the practice of engineering as
				  defined in Iowa Code section
				  542B.2 who is issued a
				  certificate of licensure as a PE pursuant to Iowa Code section
				  542B.17.
"Public thoroughfare"
means a road, street,
				  or bridge that is constructed or maintained by the state or a political
				  subdivision.
"Public use area"
means that portion of land
				  owned by the United States, the state, or a political subdivision with
				  facilities that attract the public to congregate and remain in the area for
				  significant periods of time. Facilities include but are not limited to picnic
				  grounds, campgrounds, cemeteries, lodges and cabins, shelter houses, playground
				  equipment, swimming beaches at lakes, and fishing docks, fishing houses,
				  fishing jetties or fishing piers at lakes. It does not include a highway, road
				  right-of-way, parking areas, recreational trails or other areas where the
				  public passes through but does not congregate or remain in the area for
				  significant periods of time.
"Public water supply"
(also referred to as a
				  system or a water system) means a system for the provision to the public of
				  piped water for human consumption, if such system has at least 15 service
				  connections or regularly serves an average of at least 25 individuals daily at
				  least 60 days out of the year.
Such term includes (1) any collection, treatment, storage,
				  and distribution facilities under control of the supplier of water and used
				  primarily in connection with such system, and (2) any collection (including
				  wells) or pretreatment storage facilities not under such control that are used
				  primarily in connection with such system. A public water supply system is
				  either a "community water system" or a "noncommunity water system."
"Q100,"
as defined in rule
				  567-70.2 (455B,481A), means a
				  flood having a 1 percent chance of being equaled or exceeded in any one year as
				  determined by the department.
"Qualified confinement feeding operation"
means a confinement feeding operation that has an animal unit capacity
				  of:
1. 5,333 or more for animals other
				than swine as part of a farrowing and gestating operation or farrow-to-finish
				operation or cattle as part of a cattle operation.
2. 2,500 or more for a swine farrowing and
				gestating operation, not including replacement breeding swine if the following
				apply:
* The replacement breeding swine are raised at the
				  confinement feeding operation; and
* The replacement breeding swine are used in the farrowing
				  and gestation operation.
3. 5,400 or
				more for a swine farrow-to-finish operation.
4. 8,500 or more for a confinement feeding
				operation maintaining cattle.
"Qualified stockpile cover"
means a barrier
				  impermeable to precipitation that is used to protect a stockpile from
				  precipitation.
"Qualified stockpile structure"
means a
				  building or roofed structure that is all of the following:
1. Impermeable to precipitation.
2. Constructed using wood, steel, aluminum,
				vinyl, plastic, or other similar materials.
3. Constructed with walls or other means to
				prevent precipitation-induced surface runoff from contacting the
				stockpile.
"Release"
means an actual, imminent or
				  probable discharge of manure, process wastewater, open feedlot effluent,
				  settled open feedlot effluent, or settleable solids from an AFO or animal truck
				  wash facility to surface water, groundwater, drainage tile line or intake or to
				  a designated area resulting from storing, handling, transporting or
				  land-applying manure, process wastewater, open feedlot effluent, settled open
				  feedlot effluent, or settleable solids.
"Religious institution"
means a building in
				  which an active congregation is devoted to worship.
"Research college"
means an accredited
				  public or private college or university, including but not limited to a
				  university under control of the state board of regents as provided in Iowa Code
				  chapter 262, or a community college under the jurisdiction of a board of
				  directors for a merged area as provided in Iowa Code chapter 260C, if the
				  college or university performs research or experimental activities regarding
				  animal agriculture or agronomy.
"Residence"
means a house or other building,
				  including all structures attached to the building, not owned by the owner of
				  the AFO that meets all of the following criteria at the location of the
				  intended residence:
1. Used as a place
				of habitation for humans on a permanent and frequent basis.
2. Not readily mobile.
3. Connected to a permanent source of
				electricity, a permanent private water supply or a public water supply system
				and a permanent domestic sewage disposal system including a private, semipublic
				or public sewage disposal system.
4. Assessed and taxed as real
				property.
If a house or other building has not been occupied by humans
				  for more than six months in the last two years, or if a house or other building
				  has been constructed or moved to its current location within the past six
				  months, the owner of the intended residence has the burden of proving that the
				  house or other building is a residence. Paragraph "3" shall not apply to a
				  house or other building inhabited by persons who are exempt from the compulsory
				  education standards of Iowa Code section
				  299.24 and whose religious
				  principles or tenets prohibit the use of the utilities listed.
"Restricted spray irrigation equipment"
means spray irrigation equipment that disperses manure through an orifice at a
				  rate of 80 pounds per square inch or more.
"School"
means an educational
				  institution.
"Seasonal high-water table"
means the part
				  of the soil profile closest to the soil surface that becomes saturated (usually
				  in the spring) as observed in a monitoring well or determined by recognition of
				  soil redoxomorphic features.
Note: "Redoxomorphic features" refers to the gleying or
				  mottling or both that occur under saturated conditions within the soil
				  profile.
"Secondary containment barrier"
means a
				  structure used to retain accidental manure overflow from a manure storage
				  structure.
"Settleable solids," "scraped solids,"
or
"solids"
means that portion of the effluent that meets all the
				  following requirements:
1. The solids
				do not flow perceptibly under pressure.
2. The solids are not capable of being
				transported through a mechanical pumping device designed to move a
				liquid.
3. The constituent
				molecules of the solids do not flow freely among themselves but do show the
				tendency to separate under stress.
"Settled open feedlot effluent"
means a
				  combination of manure, precipitation-induced runoff, or other runoff
				  originating from an open feedlot operation after its settleable solids have
				  been removed.
"Settled open feedlot effluent basin"
or
"runoff control basin"
means a covered or uncovered
				  impoundment that is part of an open feedlot operation, if the primary function
				  of the impoundment is to collect and store settled open feedlot effluent. An
				  animal truck wash facility may be part of an open feedlot operation. An animal
				  truck wash effluent structure may be the same as a settled open feedlot
				  effluent basin that is part of the open feedlot operation, so long as the
				  primary function of such impoundment is to collect and store effluent from both
				  the animal truck wash facility and the open feedlot operation.
"Shallow well"
means a well located and
				  constructed in such a manner that there is not a continuous layer of low
				  permeability soil or rock (or equivalent retarding mechanism acceptable to the
				  department) at least 5 feet thick, the top of which is located at least 25 feet
				  below the normal ground surface and above the aquifer from which water is to be
				  drawn.
"Sinkhole"
means any closed depression that
				  was caused by the dissolution or collapse of subterranean materials in a
				  carbonate formation or in gypsum or rock salt deposits through which water may
				  drain to the local groundwater system. Such depressions may or may not be open
				  to the surface at times. Intermittently, sinkholes may hold water forming a
				  pond.
"Small AFO"
or
"SAFO"
means
				  an AFO that has an animal unit capacity of 500 or fewer animal units.
"Small animal truck wash facility"
means an
				  animal truck wash facility, if all of the following apply:
1. The animal truck wash facility and all
				single-unit trucks, truck-tractors, semitrailers, or trailers that are washed
				at the facility are owned by the same person; and
2. The average total per-day volume of
				washwater used by the animal truck wash facility does not exceed 2,000 gallons
				as calculated on a monthly basis.
"Snow-covered ground"
means soil covered by
				  one inch or more of snow or soil covered by one-half inch or more of
				  ice.
"Solids settling facility"
means a basin,
				  terrace, diversion, or other structure or solids removal method that is part of
				  an open feedlot operation and which is designed and operated to remove
				  settleable solids from open feedlot effluent. A "solids settling facility" does
				  not include a basin, terrace, diversion, or other structure or solids removal
				  method that retains the liquid portion of open feedlot effluent for more than
				  seven consecutive days following a precipitation event.
"Spray irrigation equipment"
means
				  mechanical equipment used for the aerial application of manure, if the
				  equipment receives manure from a manure storage structure during application
				  via a pipe or hose connected to the structure, and includes a type of equipment
				  customarily used for aerial application of water to aid the growing of general
				  farm crops.
"Stockpile"
means dry manure or dry bedded
				  manure originating from a confinement feeding operation that is stored at a
				  particular location outside a confinement feeding operation building or a
				  manure storage structure. For open feedlot operations and animal truck washes,
				  "stockpile" means any accumulation of manure, scraped solids, settleable solids
				  or combination of manure and solids located outside of the open feedlot or
				  animal truck wash facility or outside of an area that drains to an open feedlot
				  or animal truck wash facility, where the scraped manure or solids are stored
				  for less than six months.
"Stockpile dry bedded manure"
means to store
				  dry bedded manure outside a dry bedded manure confinement feeding operation
				  building or a dry bedded manure storage structure.
"Stockpile dry manure"
means to create or
				  add to a dry manure stockpile.
"Surface water drain tile intake"
means an
				  opening to a drain tile, including intake pipes and French drains, which allows
				  surface water to enter the drain tile without filtration through the soil
				  profile.
"Swine farrow-to-finish operation"
means a
				  confinement feeding operation in which porcine animals are produced and in
				  which a primary portion of the phases of the production cycle is conducted at
				  one confinement feeding operation. Phases of the production cycle include but
				  are not limited to gestation, farrowing, growing and finishing. At a minimum,
				  farrowing, growing, and finishing shall be conducted at the operation with a
				  majority of the pigs farrowed at the site finished to market weight in order to
				  qualify as a farrow-to-finish operation.
"Threshold requirements for an engineer"
means the limits, pursuant to Iowa Code section
				  459.303, that require that the
				  design of a formed manure storage structure or egg washwater storage structure
				  be prepared and signed by a PE licensed in the state of Iowa or by an engineer
				  working for the NRCS. A confinement feeding operation that utilizes a formed
				  manure storage structure meets threshold requirements for an engineer if any of
				  the following apply:
1. A confinement
				feeding operation with an animal unit capacity of 1,250 or more animal units
				for swine maintained as part of a swine farrowing and gestating
				operation.
2. A confinement feeding
				operation with an animal unit capacity of 2,750 or more animal units for swine
				maintained as part of a swine farrow-to-finish operation.
3. A confinement feeding operation with an
				animal unit capacity of 4,000 or more animal units for cattle maintained as
				part of a cattle operation.
4. Any
				other confinement feeding operation with an animal unit capacity of 3,000 or
				more animal units.
"Unformed animal truck wash effluent
				  structure"
means a covered or uncovered impoundment used to store
				  animal truck wash effluent, other than a formed animal truck wash effluent
				  structure.
"Unformed manure storage structure"
means a
				  covered or uncovered impoundment used to store manure, other than a formed
				  manure storage structure, which includes an anaerobic lagoon, aerobic
				  structure, or earthen manure storage basin.
"Unformed settled open feedlot effluent
				  basin"
means a settled open feedlot effluent basin, other than a
				  formed settled open feedlot effluent basin.
"Vegetative infiltration basin"
or
"VIB"
means an open feedlot operation structure in which
				  settled open feedlot effluent is discharged into a relatively flat basin area
				  which is bermed to prevent entry or discharge of surface water flows and is
				  planted to permanent vegetation. An extensive tile system installed at a depth
				  of three to five feet is used to collect infiltrated settled open feedlot
				  effluent from the VIB and discharge it into a VTA for further treatment. As
				  opposed to wetlands, which are designed to maintain a permanent water level, a
				  VIB is designed to maximize water infiltration into the soil and thus normally
				  will have standing water for only short periods of time. Removal of settleable
				  solids is required prior to discharge of open feedlot effluent into the VIB.
				  Soil suitability is essential to ensure adequate filtration and treatment of
				  pollutants. Periodic harvesting of vegetation is required.
"Vegetative treatment area"
or
"VTA"
means an open feedlot operation structure in which
				  settled open feedlot effluent is discharged into areas that are level in one
				  dimension and have a slight slope (less than 5 percent) in the other dimension
				  and are planted to relatively dense permanent vegetation. Settled open feedlot
				  effluent must be discharged evenly across the top width of the VTA and allowed
				  to slowly flow downslope through the VTA. Level spreaders or other practices
				  may be required to maintain even flow throughout the length of the VTA.
				  Management to maintain a dense vegetation cover is required, as is periodic
				  harvesting of vegetation.
"Water of the state"
means any stream, lake,
				  pond, marsh, watercourse, waterway, well, spring, reservoir, aquifer,
				  irrigation system, drainage system, and any other body or accumulation of
				  water, surface or underground, natural or artificial, public or private, that
				  are contained within, flow through or border upon the state or any portion
				  thereof.
"Water source"
means a lake, river,
				  reservoir, creek, stream, ditch, or other body of water or channel having
				  definite banks and a bed with water flow, except lakes or ponds without outlet
				  to which only one landowner is riparian.
"Water well"
means an excavation that is
				  drilled, cored, augered, washed, driven, dug, jetted, or otherwise constructed
				  for the purpose of exploring for groundwater, monitoring groundwater, utilizing
				  the geothermal properties of the ground, or extracting water from or injecting
				  water into the aquifer. "Water well" does not include an open ditch or drain
				  tiles or an excavation made for obtaining or prospecting for oil, natural gas,
				  minerals, or products mined or quarried.
"Wetted perimeter"
means the outside edge of
				  land where the direct discharge of manure occurs from spray irrigation
				  equipment.