A person may apply manure originating from an animal feeding operation on snow covered ground or frozen ground, except to the extent otherwise provided by applicable requirements in this section, this chapter, or the national pollutant discharge elimination system pursuant to the federal Water Pollution Control Act, 33 U.S.C. ch. 26, as amended, and 40 C.F.R. pts. 122 and 412.
 1. During the period beginning December 21 and ending April 1, the person may apply liquid manure originating from a manure storage structure, that is part of a confinement feeding operation, on snow covered ground only when there is an emergency. During the period beginning February 1 and ending April 1, the person may apply liquid manure originating from a manure storage structure, that is part of a confinement feeding operation, on frozen ground only when there is an emergency. An emergency occurs only when there is an immediate need to comply with section 459.311, subsection 1, due to unforeseen circumstances affecting the storage of the liquid manure. The unforeseen circumstances must be beyond the control of the owner of the confinement feeding operation, including but not limited to natural disaster, unusual weather conditions, or equipment or structural failure. A person who is authorized to apply liquid manure on snow covered ground or frozen ground when there is an emergency shall comply with all of the following:

 a. The person must contact the department by telephone prior to the application.
 b. The person must apply the liquid manure on land identified for such application in a manure management plan submitted by the owner of the confinement feeding operation to the department as provided in section 459.312. The owner of the confinement feeding operation must identify the land in the manure management plan prior to the application. The owner must identify the land in the original manure management plan or in the next updated manure management plan required to be submitted to the department following the application.
 c. The liquid manure must be applied on a field with a phosphorus index rating of two or less.
 d. Any surface water drain tile intake that is on land in the owner’s manure management plan and located down gradient of the application must be temporarily blocked beginning not later than the time that the liquid manure is first applied and ending not earlier than two weeks after the completion of the application.

Terms Used In Iowa Code 459.313A

  • 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
  • Confinement feeding operation: means an animal feeding operation in which animals are confined to areas which are totally roofed. 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
  • 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
  • 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. See Iowa Code 459.102
  • Liquid manure: means manure that meets all of the following requirements:
     a. See Iowa Code 459.102
  • 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
  • Manure storage structure: means a formed manure storage structure or an unformed manure storage structure. See Iowa Code 459.102
  • Owner: means a person, other than a lienholder, having the property right in or title to a motorboat or vessel. See Iowa Code 462A.2
  • Person: means an individual, partnership, firm, corporation, or association. See Iowa Code 462A.2
  • Snow covered ground: means soil covered by one inch or more of snow or soil covered by one-half inch or more of ice. See Iowa Code 459.102
  • Surface water drain tile intake: means an opening to a drain tile which allows surface water to enter the drain tile without filtration through the soil profile. See Iowa Code 459.102
 2. The authorization to apply liquid manure in subsection 1 does not apply to any of the following:

 a. An immediate need to comply with section 459.311, subsection 1, caused by the improper design or management of the manure storage structure, including but not limited to a failure to properly account for the volume of the manure to be stored.
 b. Liquid manure originating from a manure storage structure constructed or expanded on or after July 1, 2009, if the manure storage structure has a capacity to store manure for less than one hundred eighty days.
 3. Subsections 1 and 2 do not apply to any of the following:

 a. The application of liquid manure originating from a small animal feeding operation.
 b. The application of liquid manure and injection into the soil or incorporation within the soil on the same date.
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