An open feedlot operation shall provide for the management of open feedlot effluent by using an open feedlot effluent control method as follows:
 1. All settleable solids from open feedlot effluent shall be removed prior to discharge into a water of the state.

 a. The settleable solids shall be removed by use of a solids settling facility. The construction of a solids settling facility is not required where existing site conditions provide for removal of settleable solids prior to discharge into a water of the state.
 b. The removal of settleable solids shall be deemed to have occurred when the velocity of flow of the open feedlot effluent has been reduced to less than point five feet per second for a minimum of five minutes. A solids settling facility shall have sufficient capacity to store settled solids between periods of land application and to provide required flow-velocity reduction for open feedlot effluent flow volumes resulting from a precipitation event of less intensity than a ten-year, one-hour frequency event. A solids settling facility which receives open feedlot effluent shall provide a minimum of one square foot of surface area for each eight cubic feet of open feedlot effluent per hour resulting from a ten-year, one-hour frequency precipitation event.

Terms Used In Iowa Code 459A.401

  • Animal: means the same as defined in section 459. See Iowa Code 459A.102
  • Animal unit: means the same as defined in section 459. 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
  • Commission: means the natural resource commission. See Iowa Code 462A.2
  • Commission: means the environmental protection commission created pursuant to section 455A. See Iowa Code 459A.102
  • Department: means the department of natural resources. See Iowa Code 462A.2
  • Department: means the department of natural resources. See Iowa Code 459A.102
  • Effluent: means open feedlot effluent or animal truck wash effluent. See Iowa Code 459A.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
  • NPDES permit: means a permit issued by the department under the national pollutant discharge elimination system pursuant to the federal Water Pollution Control Act of 1972, 33 U. See Iowa Code 459A.102
  • 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
  • Open feedlot operation structure: means an open feedlot, settled open feedlot effluent basin, a solids settling facility, or an alternative technology system. 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
  • Solids: includes settleable solids and scraped solids. See Iowa Code 459A.102
  • Solids settling facility: means a basin, terrace, diversion, or other structure or solids removal method which is part of an open feedlot operation and which is designed and operated to remove settleable solids from open feedlot effluent. See Iowa Code 459A.102
  • state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
  • Structure: means any of the following:
     a. See Iowa Code 459A.102
  • United States: includes all the states. See Iowa Code 4.1
  • Use: means to operate, navigate, or employ a vessel. See Iowa Code 462A.2
  • Water of the state: means the same as defined in section 455B. See Iowa Code 459A.102
 2. Notwithstanding subsection 1, an open feedlot operation that is a concentrated animal feeding operation shall comply with applicable NPDES permit requirements as provided in the federal Water Pollution Control Act, pursuant to rules that shall be adopted by the commission. Any rules adopted pursuant to this subsection shall be no more stringent than requirements under the federal Act.
 3. If the open feedlot operation is designed, constructed, and operated in accordance with the requirements of an open feedlot effluent control system as provided in rules adopted by the commission, the operation shall be deemed to be in compliance with this section, unless a discharge from the operation causes a violation of state water quality standards as provided in chapter 455B, subchapter III.
 4. The following shall apply to an open feedlot operation which has an animal unit capacity of one thousand animal units or more:

 a. (1) The open feedlot operation shall not discharge open feedlot effluent from an open feedlot operation structure into any waters of the United States, unless the discharge is pursuant to an NPDES permit.

 (2) The open feedlot operation shall not be required to be issued an NPDES permit if the operation does not discharge open feedlot effluent into any waters of the United States.
 b. The control of open feedlot effluent originating from the open feedlot operation may be accomplished by the use of a solids settling facility, settled open feedlot effluent basin, alternative technology system, or any other open feedlot effluent control structure or practice approved by the department. The department may require the diversion of surface drainage prior to contact with an open feedlot operation structure. Solids shall be settled from open feedlot effluent before the effluent enters a settled open feedlot effluent basin or alternative technology system.
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