1. A person otherwise required to submit an updated manure management plan as required in section 459.312 and pay an annual compliance fee as required in section 459.400 may make a small animal feeding operation election as provided in this section.

Terms Used In Iowa Code 459.312A

  • Animal: means cattle, swine, horses, sheep, chickens, turkeys, or fish. See Iowa Code 459.102
  • Animal feeding operation: means a lot, yard, corral, building, or other area in which animals are confined and fed and maintained for forty-five days or more in any twelve-month period, and all structures used for the storage of manure from animals in the operation. See Iowa Code 459.102
  • 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:
     a. See Iowa Code 459.102
  • Confinement feeding operation: means an animal feeding operation in which animals are confined to areas which are totally roofed. See Iowa Code 459.102
  • 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. See Iowa Code 459.102
  • Covered: means organic or inorganic material placed upon an animal feeding operation structure used to store manure as provided by rules adopted by the department after receiving recommendations which shall be submitted to the department by the college of agriculture and life sciences at Iowa state university of science and technology. See Iowa Code 459.102
  • Department: means the department of natural resources created pursuant to section 455A. See Iowa Code 459.102
  • Document: means any form required to be processed by the department under this chapter regulating animal feeding operations, including but not limited to applications or related materials for permits as provided in section 459. See Iowa Code 459.102
  • following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
  • Management plan: means the document that states the goals and objectives of a specific protected water area which has been proposed for designation, the specific description of the area to be protected, land use agreements with property owners, the specific management programming considerations for the area, the in-depth project evaluations, analysis, justifications, and cost estimates, the proposed acquisition of fee title and conservation easements and other agreements, and the specific design and layout of facilities. See Iowa Code 462B.1
  • Manure: means animal excreta or other commonly associated wastes of animals, including but not limited to bedding, litter, or feed losses. See Iowa Code 459.102
  • Person: means an individual, partnership, firm, corporation, or association. See Iowa Code 462A.2
 2. Upon the effective date of the election, the confinement feeding operation covered by the updated manure management plan shall be considered a small animal feeding operation only for purposes of submitting the updated manure management plan and paying the annual compliance fee, during the period of the election.
 3. A person is eligible to make an election only if all of the following apply:

 a. The confinement feeding operation has a capacity of five hundred or fewer animal units which shall be calculated by determining all of the following:

 (1) The number of animal units housed at the confinement feeding operation at any one time during the period of election.
 (2) The animal unit capacity of each confinement feeding operation building that is used to store manure during the period of the election. However, this subparagraph (2) does not apply if a confinement feeding operation building stores manure pursuant to a temporary approval issued by the department. The department shall not issue a temporary approval unless the manure is stored on an emergency basis for a limited period. The department shall establish terms and conditions for a temporary approval. The department may issue one or more extensions to a temporary approval if necessary.
 b. The department is notified of the election in a manner required by the department. The department may require that a person submit a notice of election as part of an updated manure management plan form or as a separate document.
 4. The department shall provide for the period of election, including its effective and expiration dates. However, the period of election shall be at least for the same period covered by the updated manure management plan. An election automatically terminates when more than five hundred animal units are housed at the confinement feeding operation at any one time.
 5. This section does not affect any of the following:

 a. A condition associated with a construction permit as provided in this subchapter, including but not limited to a master matrix as provided in section 459.305.
 b. A requirement unrelated to filing an updated manure management plan or paying an annual compliance fee, including but not limited to the filing of a construction design statement as provided in section 459.306, the application of manure as provided in section 459.313A, or the certification of a person as a confinement site manure applicator as provided in section 459.315.
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