A settled open feedlot effluent basin or an unformed animal truck wash effluent structure required to be constructed pursuant to a construction permit issued pursuant to section 459A.205 shall meet all of the following requirements:
 1. a. Prior to constructing a settled open feedlot effluent basin or an unformed animal truck wash effluent structure, the site for the basin or structure shall be investigated for a drainage tile line by the owner of the open feedlot operation or animal truck wash facility. The investigation shall be made by digging a core trench to a depth of at least six feet deep from ground level at the projected center of the berm of the basin or unformed structure. If a drainage tile line is discovered, one of the following solutions shall be implemented:

 (1) The drainage tile line shall be rerouted around the perimeter of the basin or unformed animal truck wash effluent structure at a distance of at least twenty-five feet horizontally separated from the outside edge of the berm of the basin or unformed structure. For an area of the basin or unformed structure where there is not a berm, the drainage tile line shall be rerouted at least fifty feet horizontally separated from the edge of the basin or unformed structure.
 (2) The drainage tile line shall be replaced with a nonperforated tile line under the floor of the basin or unformed animal truck wash effluent structure. The nonperforated tile line shall be continuous and without connecting joints. There must be a minimum of three feet between the nonperforated tile line and the floor of the basin or unformed structure.
 b. A written record of the investigation shall be submitted as part of the construction certification required under section 459A.207.

Terms Used In Iowa Code 459A.302

  • Animal: means the same as defined in section 459. See Iowa Code 459A.102
  • 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. See Iowa Code 459A.102
  • Animal truck wash effluent structure: means an impoundment which is part of an animal truck wash facility, if the primary function of the impoundment is to collect and store animal truck wash effluent. See Iowa Code 459A.102
  • Animal truck wash facility: means an operation engaged in washing single-unit trucks, truck-tractors, semitrailers, or trailers used to transport animals. See Iowa Code 459A.102
  • basin: means an impoundment which is part of an open feedlot operation, if the primary function of the impoundment is to collect and store settled open feedlot effluent. See Iowa Code 459A.102
  • Effluent: means open feedlot effluent or animal truck wash effluent. See Iowa Code 459A.102
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • 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
  • Open feedlot: means a lot, yard, corral, building, or other area used to house animals in conjunction with an open feedlot operation. See Iowa Code 459A.102
  • 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. See Iowa Code 459A.102
  • operation: means an unroofed or partially roofed animal feeding operation if crop, vegetation, or forage growth or residue cover is not maintained as part of the animal feeding operation during the period that animals are confined in the animal feeding operation. See Iowa Code 459A.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
  • Owner: means a person who holds legal or equitable title to any of the following:
     a. See Iowa Code 459A.102
  • Professional engineer: means the same as defined in section 459. See Iowa Code 459A.102
  • property: includes personal and real property. See Iowa Code 4.1
  • Seasonal high-water table: means the seasonal high-water table as determined by a professional engineer pursuant to the following requirements:
     a. See Iowa Code 459A.103
  • Structure: means any of the following:
     a. See Iowa Code 459A.102
  • 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. See Iowa Code 459A.102
  • Use: means to operate, navigate, or employ a vessel. See Iowa Code 462A.2
 2. a. The settled open feedlot effluent basin or unformed animal truck wash effluent structure shall be constructed with a minimum separation of two feet between the top of the liner of the basin or unformed structure and the seasonal high-water table.

 b. If a drainage tile line around the perimeter of the settled open feedlot effluent basin or unformed animal truck wash effluent structure is installed a minimum of two feet below the top of the basin’s or unformed structure’s liner to artificially lower the seasonal high-water table, the top of the liner may be a maximum of four feet below the seasonal high-water table. The seasonal high-water table may be artificially lowered by gravity flow tile lines or other similar system. However, the following shall apply:

 (1) Except as provided in subparagraph (2), an open feedlot operation or animal truck wash facility shall not use a nongravity mechanical system that uses pumping equipment.
 (2) If the open feedlot operation was constructed before July 1, 2005, the operation may continue to use its existing nongravity mechanical system that uses pumping equipment or it may construct a new nongravity mechanical system that uses pumping equipment. However, an open feedlot operation that expands the area of its open feedlot on or after April 1, 2011, shall not use a nongravity mechanical system that uses pumping equipment.
 3. Drainage tile lines may be installed to artificially lower the seasonal high-water table at a settled open feedlot effluent basin or an unformed animal truck wash effluent structure, if all of the following conditions are satisfied:

 a. A device to allow monitoring of the water in the drainage tile lines and a device to allow shutoff of the flow in the drainage tile lines are installed, if the drainage tile lines do not have a surface outlet accessible on the property where the basin or unformed structure is located.
 b. Drainage tile lines are installed horizontally at least twenty-five feet away from the basin or unformed structure. Drainage tile lines shall be placed in a vertical trench and encased in granular material which extends upward to the level of the seasonal high-water table.
 4. A settled open feedlot effluent basin or an unformed animal truck wash effluent structure shall be constructed with at least four feet between the bottom of the basin or unformed structure and a bedrock formation.
 5. A settled open feedlot effluent basin or an unformed animal truck wash effluent structure constructed on a floodplain or within a floodway of a river or stream shall comply with rules adopted by the commission.
 6. The liner of a settled open feedlot effluent basin or unformed animal truck wash effluent structure shall comply with all of the following:

 a. The liner shall comply with any of the following permeability standards:

 (1) The liner shall be constructed to have a percolation rate that shall not exceed one-sixteenth inch per day at the design depth of the basin as determined by percolation tests conducted by the professional engineer. If a clay soil liner is used, the liner shall be constructed with a minimum thickness of twelve inches or the minimum thickness necessary to comply with the percolation rate in this section, whichever is greater.
 (2) The liner shall be constructed at optimum moisture content not less than ninety-five percent of the maximum density as determined by a standard five-point proctor test performed at the site of the open feedlot operation by a professional engineer. If a clay soil liner is used, the liner shall be constructed with a minimum thickness of twelve inches.
 b. If a synthetic liner is used, the liner shall be installed to comply with the percolation rate required in this section.
 7. The owner of an open feedlot operation using a settled open feedlot effluent basin or animal truck wash facility using an unformed animal truck wash effluent structure shall inspect the berms of the basin or unformed structure at least semiannually for evidence of erosion. If the inspection reveals erosion which may impact the basin’s or unformed structure’s structural stability or the integrity of the basin’s or unformed structure’s liner, the owner shall repair the berms.
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