Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IV - Wastewater Treatment and Disposal › Chapter 65 - Animal Feeding Operations › Rule 567-65.209 - Nmp Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The owner of an
				open feedlot operation that has an animal unit capacity of 1,000 animal units
				or more or that is required to be issued an NPDES permit shall develop and
				implement an NMP meeting the requirements of this rule. The owner of an open
				feedlot operation who seeks to obtain or is required to be issued an NPDES
				permit shall develop and implement an NMP meeting the requirements of this rule
				no later than the date on which the NPDES permit becomes effective. For the
				purpose of this rule, requirements pertaining to open feedlot effluent also
				apply to settled open feedlot effluent and settleable solids.
(2) Not more than one open feedlot operation
				shall be covered by a single NMP. For an open feedlot operation that is
				required to have an NPDES permit and the AFO includes an open feedlot operation
				and a confinement feeding operation, the NMP must include both the open feedlot
				operation and the confinement feeding operation if the confinement feeding
				operation does not have an MMP. If the confinement feeding operation portion of
				the AFO does have an MMP as required in rules
				567-65.110 (455B,459,459B) and
				567-65.111(455B,459,459B), the confinement feeding operation portion shall not
				be included in the NMP; however, in that event, the MMP must be amended to
				include the information specified in paragraph
				65.209(8)
"e."
(3)
				A person shall not remove manure, process wastewater or open feedlot effluent
				from an open feedlot operation structure that is part of an open feedlot
				operation for which an NMP is required under this rule, unless the department
				approves an NMP as required in this rule.
(4) The department shall not approve an
				application for a permit to construct a settled open feedlot effluent basin or
				AT system unless the owner of the open feedlot operation applying for approval
				submits an NMP together with the application for the construction permit as
				provided in rule 567-65.203 (455B,459A). The
				owner shall also submit proof that the owner has published a notice for public
				comment as provided in subrule 65.209(7).
(5) If a construction permit is required as
				provided in rule 567-65.203 (455B,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.
(6)
				Prior to approving or disapproving an NMP as required in this rule, the
				department may receive comments exclusively to determine whether the NMP is
				submitted according to procedures required by the department and that the NMP
				complies with the provisions of this rule.
(7) Public notice.
a. The owner of the open feedlot operation
				shall publish a notice for public comment in a newspaper having a general
				circulation in the county where the open feedlot operation is or is proposed to
				be located and in the county where manure, process wastewater, or open feedlot
				effluent that originates from the open feedlot operation may be applied under
				the terms and conditions of the NMP.
b. The notice for public comment shall
				include all of the following:
(1) The name of
				the owner of the open feedlot operation submitting the NMP.
(2) The name of the township where the open
				feedlot operation is or is proposed to be located and the name of the township
				where manure, process wastewater, or open feedlot effluent originating from the
				open feedlot operation may be applied.
(3) The animal unit capacity of the open
				feedlot operation.
(4) The time
				when and the place where the NMP may be examined as provided in Iowa Code
				section 22.2.
(5) Procedures for providing public comment
				to the department. The notice shall also include procedures for requesting a
				public hearing conducted by the department. The department is not required to
				conduct a public hearing if it does not receive a request for the public
				hearing within ten days after the first publication of the notice for public
				comment as provided in this subrule. If such a request is received, the public
				hearing must be conducted within 30 days after the first date that the notice
				for public comment was published.
(6) A statement that a person may acquire
				information relevant to making comments under this subrule by accessing the
				department's Internet website. The notice for public comment shall include the
				address of the department's Internet website as required by the
				department.