Terms Used In Iowa Code > Chapter 459 - Animal Agriculture Compliance Act

• Aerobic structure: means an animal feeding operation structure other than an egg washwater storage structure which employs bacterial action which is maintained by the utilization of air or oxygen and which includes aeration equipment. See Iowa Code 459.102
• Airborne pollutant: means hydrogen sulfide, ammonia, or odor. See Iowa Code 459.207
• Allegation: something that someone says happened.
• Anaerobic digester system: means a manure storage structure that is covered, if the primary function of the manure storage structure is to process manure by employing environmental conditions including bacteria to break down organic matter in the absence of oxygen, and is used for producing, collecting, and utilizing a biogas. See Iowa Code 459.102
• Anaerobic lagoon: means an unformed manure storage structure, if the primary function of the structure is to store and stabilize manure, the structure is designed to receive manure on a regular basis, and the structure's design waste loading rates provide that the predominant biological activity is anaerobic. See Iowa Code 459.102
• 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 feeding operation structure: means a confinement building, manure storage structure, dry bedded confinement feeding operation structure as defined in section 459B. 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
• Animal unit capacity: means a measurement used to determine the maximum number of animal units that may be maintained as part of an animal feeding operation at any one time, including as provided in sections 459. See Iowa Code 459.102
• Animal weight capacity: means the product of multiplying the maximum number of animals which the owner or operator confines in an animal feeding operation at any one time by the average weight during a production cycle. See Iowa Code 459.102
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
• Bequest: Property gifted by will.
• Cemetery: means a space held for the purpose of permanent burial, entombment, or interment of human remains that is owned or managed by a political subdivision or private entity, or a cemetery regulated pursuant to chapter 523I. See Iowa Code 459.102
• Certificate: means a certificate of title. See Iowa Code 462A.2
• Child: includes child by adoption. See Iowa Code 4.1
• Commercial enterprise: means a building which is used as a part of a business that manufactures goods, delivers services, or sells goods or services, which is customarily and regularly used by the general public during the entire calendar year and which is connected to electric, water, and sewer systems. See Iowa Code 459.102
• Commercial manure service: means a sole proprietor or business association as defined in section 202B. See Iowa Code 459.102
• Commercial manure service representative: means a natural person who is any of the following:
   a. See Iowa Code 459.102
• Commission: means the environmental protection commission created pursuant to section 455A. See Iowa Code 459.102
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• confinement building: means a building used in conjunction with a confinement feeding operation to house animals. 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 feeding operation structure: means an animal feeding operation structure that is part of a confinement feeding operation. 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
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• 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
• Designated area: means a known sinkhole, a cistern, an abandoned well, an unplugged agricultural drainage well, an agricultural drainage well surface inlet, a drinking water well, a designated wetland, or a water source. See Iowa Code 459.102
• Designated wetland: means land designated as a protected wetland by the United States department of the interior or the department of natural resources, including but not limited to a protected wetland as defined in section 456B. See Iowa Code 459.102
• Devise: To gift property by will.
• Director: means the director of the department of natural resources. 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
• Dry manure: means manure which meets all of the following conditions:
   a. See Iowa Code 459.102
• Earthen manure storage basin: means an earthen cavity, either covered or uncovered, which, on a regular basis, receives waste discharges from a confinement feeding operation if accumulated wastes from the basin are completely removed at least once each year. See Iowa Code 459.102
• Educational institution: means a building in which an organized course of study or training is offered to students enrolled in kindergarten through grade twelve and served by local school districts, accredited or approved nonpublic schools, area education agencies, community colleges, institutions of higher education under the control of the state board of regents, and accredited independent colleges and universities. See Iowa Code 459.102
• Egg washwater storage structure: means an aerobic or anaerobic structure used to store the wastewater resulting from the washing and in-shell packaging of eggs. See Iowa Code 459.102
• Family member: means a person related to another person as parent, grandparent, child, grandchild, sibling, or a spouse of such a related person. See Iowa Code 459.102
• Farm pond: means a body of water wholly on the lands of a single owner, or a group of joint owners, which does not have any connection with any public waters and which is less than ten surface acres. See Iowa Code 462A.2
• Fiduciary: A trustee, executor, or administrator.
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• 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
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Formed manure storage structure: means a covered or uncovered impoundment used to store manure from an animal feeding operation, which has walls and a floor constructed of concrete, concrete block, wood, steel, or similar materials. See Iowa Code 459.102
• 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
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• High-quality water resource: means that part of a water source or wetland that the department has designated as any of the following:
   a. See Iowa Code 459.102
• Indemnity fee: means a fee provided in section 459. See Iowa Code 459.102
• Internet: means the federated international system that is composed of allied electronic communication networks linked by telecommunication channels, that uses standardized protocols, and that facilitates electronic communication services, including but not limited to use of the world wide web; the transmission of electronic mail or messages; the transfer of files and data or other electronic information; and the transmission of voice, image, and video. See Iowa Code 4.1
• Internet site: means a specific location on the internet that is determined by internet protocol numbers, by a domain name, or by both, including but not limited to domain names that use the designations ". See Iowa Code 4.1
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Karst terrain: means land having karst formations that exhibit surface and subterranean features of a type produced by the dissolution of limestone, dolomite, or other soluble rock and characterized by closed depressions, sinkholes, or caves. See Iowa Code 459.102
• Lineal descendant: Direct descendant of the same ancestors.
• Liquid manure: means manure that meets all of the following requirements:
   a. See Iowa Code 459.102
• Livestock: includes but is not limited to an animal classified as an ostrich, rhea, or emu. See Iowa Code 4.1
• Livestock market: means any place where animals are assembled from two or more sources for public auction, private sale, or on a commission basis, which is under state or federal supervision, including a livestock sale barn or auction market, if such animals are kept for ten days or less. See Iowa Code 459.102
• Long-term stockpile location: means an area where a person stockpiles manure for more than six months in any two-year period. See Iowa Code 459.102
• Major water source: means a water source that is a lake, reservoir, river, or stream located within the territorial limits of the state, or any marginal river area adjacent to the state, if the water source is capable of supporting a floating vessel capable of carrying one or more persons during a total of a six-month period in one out of ten years, excluding periods of flooding, which has been identified by rules adopted by the commission. 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
• manager: is a person who is actively involved in the operation of a commercial manure service and takes an important part in making management decisions substantially contributing to or affecting the success of the commercial manure service. See Iowa Code 459.102
• Manufacturer: means a person engaged in the business of manufacturing or importing new and unused vessels, or new and unused outboard motors, for the purpose of sale or trade. See Iowa Code 462A.2
• 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
• month: means a calendar month, and the word "year" and the abbreviation "A. See Iowa Code 4.1
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• One hundred year floodplain: means the land adjacent to a major water source, if there is at least a one percent chance that the land will be inundated in any one year, according to calculations adopted by rules adopted pursuant to section 459. See Iowa Code 459.102
• Operate: means to navigate or otherwise use a vessel or motorboat. See Iowa Code 462A.2
• Operator: means a person who operates or is in actual physical control of a vessel. See Iowa Code 462A.2
• 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
• Privately owned lake: means any lake, located within the boundaries of this state and not subject to federal control covering navigation owned by an individual, group of individuals, or a nonprofit corporation and which is not open to the use of the general public but is used exclusively by the owners and their personal guests. See Iowa Code 462A.2
• Professional engineer: means a person engaged in the practice of engineering as defined in section 542B. See Iowa Code 459.102
• property: includes personal and real property. See Iowa Code 4.1
• Protected water area: means a water area permanently designated by the commission for inclusion in the protected water area system. See Iowa Code 462B.1
• Public thoroughfare: means a road, street, or bridge that is constructed or maintained by the state or a political subdivision. See Iowa Code 459.102
• Public use area: means any of the following:
   a. See Iowa Code 459.102
• Qualified confinement feeding operation: means a confinement feeding operation having an animal unit capacity of any of the following:
   a. See Iowa Code 459.102
• Qualified stockpile cover: means a barrier impermeable to precipitation that is used to protect a stockpile from precipitation. See Iowa Code 459.102
• Qualified stockpile structure: means any of the following:
   a. See Iowa Code 459.102
• Religious institution: means a building in which an active congregation is devoted to worship. See Iowa Code 459.102
• research college: means an accredited public or private college or university, including but not limited to a university under the control of the state board of regents as provided in chapter 262, or a community college under the jurisdiction of a board of directors for a merged area as provided in chapter 260C, if the college or university performs research or experimental activities regarding animal agriculture or agronomy. See Iowa Code 459.318
• Restricted spray irrigation equipment: means spray irrigation equipment which disperses manure through an orifice at a maximum pressure of eighty pounds per square inch or more. See Iowa Code 459.102
• road: include public bridges, and may be held equivalent to the words "county way" "county road" "common road" and "state road". See Iowa Code 4.1
• Rule: includes "regulation". See Iowa Code 4.1
• seal: shall include an impression upon the paper alone, or upon wax, a wafer affixed to the paper, or an official stamp of a notarial officer as provided in chapter 9B. See Iowa Code 4.1
• Separated location: means a location or object from which a separation distance is required under section 459. See Iowa Code 459.207
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Small animal feeding operation: means an animal feeding operation which has an animal unit capacity of five hundred or fewer animal units. See Iowa Code 459.102
• 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
• Spray irrigation equipment: means mechanical equipment used for the aerial application of manure, if the equipment receives manure from a manure storage structure during application via a pipe or hose connected to the structure, and includes a type of equipment customarily used for the aerial application of water to aid the growing of general farm crops. See Iowa Code 459.102
• 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
• State plan: means a long-range comprehensive document that states the goals and objectives of the protected water area system, establishes the procedure and criteria for prospective protected water area designation, provides the format for prospective area analysis, establishes a priority system for prospective area study, recommends potential areas for inclusion into the system, institutes interagency coordination, and outlines general administrative and management needs to develop and administer this system. See Iowa Code 462B.1
• Statute: A law passed by a legislature.
• Stockpile: means dry manure originating from a confinement feeding operation that is stored at a particular location outside a manure storage structure. See Iowa Code 459.102
• Stockpile dry manure: means to create or add to a stockpile. See Iowa Code 459.102
• Subpoena: A command to a witness to appear and give testimony.
• 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
• Swine farrow-to-finish operation: means a confinement feeding operation in which porcine animals are produced and in which a primary portion of the phases of the production cycle are conducted at one confinement feeding operation. See Iowa Code 459.102
• undertaking: means a promise or security in any form. See Iowa Code 4.1
• Unformed manure storage structure: means a covered or uncovered impoundment used to store manure, other than a formed manure storage structure, which includes an anaerobic lagoon, aerobic structure, or earthen manure storage basin. See Iowa Code 459.102
• 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
• Vessel: means every description of watercraft, other than a seaplane, used or capable of being used as a means of transportation on water or ice. See Iowa Code 462A.2
• Water of the state: means the same as defined in section 455B. See Iowa Code 459.102
• Water source: means a lake, river, reservoir, creek, stream, ditch, or other body of water or channel having definite banks and a bed with water flow, except lakes or ponds without outlet to which only one landowner is riparian. See Iowa Code 459.102
• year: means twelve consecutive months. See Iowa Code 4.1