Title XI, NATURAL RESOURCES (Ch. 455 - 485)

1. An indemnity fee shall be assessed upon permittees which shall be paid to and collected by the department, prior to issuing a permit for the construction of a confinement feeding operation as provided in section 459.303 . The amount of the fees shall be based on the following:…

An indemnity fee shall be assessed upon persons required to submit an original manure management plan as provided in section 459.312 , but not required to obtain a construction permit pursuant to section 459.303 . A person required to submit a replacement original manure manageme…

The indemnity fee required under sections 459.502 and 459.503 shall be waived and the fee shall not be assessable or owing if, at the end of any three-month period, unobligated and unencumbered moneys in the livestock remediation fund, not counting the department’s estimate of th…

If the department provides cleanup of a condition caused by a confinement feeding operation as provided in section 459.506 , the department may use moneys in the fund for purposes of supporting the cleanup. The department shall reimburse the fund from moneys recovered by the depa…

1. A county that has acquired real estate containing a manure storage structure following nonpayment of taxes pursuant to section 446.19 may make a claim against the fund to pay cleanup costs incurred by the county as provided in section 459.506 . Each claim shall include a bid b…

1. a. A county that has acquired real estate on which there is located a confinement feeding operation following the nonpayment of taxes pursuant to section 446.19 , may provide for cleanup, including removing and disposing of manure at any time, remediating contamination which o…

This subchapter does not imply any guarantee or obligation on the part of this state, or any of its agencies, employees, or officials, either elective or appointive, with respect to any agreement or undertaking to which this subchapter relates. 95 Acts, ch 195, §9 CS95, §204.6 98…

The department shall adopt administrative rules pursuant to chapter 17A necessary to administer this subchapter . 95 Acts, ch 195, §10 CS95, §204.7 98 Acts, ch 1209, §50 C99, §455J.9 2002 Acts, ch 1137, §68, 71 ; 2002 Acts, 2nd Ex, ch 1003, §260, 262 C2003, §459.508

1. A person may file a complaint alleging that an animal feeding operation is in violation of this chapter , including rules adopted by the department, or environmental standards or regulations subject to federal law and enforced by the department. a. The complaint may be filed w…

A person who violates subchapter II shall be subject to a civil penalty which shall be established, assessed, and collected in the same manner as provided in section 455B.109 . Any collected civil penalty and interest on a civil penalty shall be credited to the Iowa nutrient rese…

A person who violates subchapter III shall be subject to a civil penalty which shall be established, assessed, and collected in the same manner as provided in section 455B.109 or 455B.191 . Any collected civil penalty and interest on a civil penalty shall be credited to the Iowa …

1. a. The department may impose a civil penalty upon a habitual violator which shall not exceed twenty-five thousand dollars for each day the violation continues. The increased penalty may be assessed for each violation committed subsequent to the violation which results in class…

For five years after the date of the last violation of this chapter committed by a person or by a confinement feeding operation in which the person holds a controlling interest during which the person or confinement feeding operation was classified as a habitual violator under se…

This chapter shall be known and may be cited as the “Animal Agriculture Compliance Act for Open Feedlot Operations and Animal Truck Wash Facilities” . 2005 Acts, ch 136, §1 ; 2015 Acts, ch 92, §1

As used in this chapter , unless the context otherwise requires: 1. “Alternative technology system” or “alternative system” means a system for open feedlot effluent control as provided in section 459A.303 . 2. “Animal” means the same as defined in section 459.102 . 3. “Animal fee…

For purposes of this chapter , all of the following shall apply: 1. a. Two or more open feedlot operations under common ownership or common management are deemed to be a single open feedlot operation if they are adjacent or utilize a common area or system for open feedlot effluen…

1. The commission shall establish by rule adopted pursuant to chapter 17A , requirements relating to the construction, including expansion, or operation of all of the following: a. Open feedlot operations, including any related open feedlot operation structures. b. Animal truck w…

1. a. Except as provided in paragraph “b” , the requirements of this chapter which regulate open feedlot operations, including rules adopted by the commission pursuant to section 459A.104 , shall not apply to research activities and experiments performed under the authority and r…

1. The department shall adopt and promulgate forms required to be completed in order to comply with this chapter , including forms for documents that the department shall make available on the internet in the same manner as provided in section 459.302 . 2. a. The department shall…

1. a. The department shall approve or disapprove applications for permits for the construction, including the expansion, of the following structures: (1) Settled open feedlot effluent basins and alternative technology systems, which are part of open feedlot operations as provided…

1. 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 design standards as required by a soils and hydrogeologic report. 2. The report…

1. The owner of an open feedlot operation who is issued a construction permit for a settled open feedlot effluent basin or the owner of an animal truck wash facility who is issued a construction permit for an animal truck wash effluent structure as provided in section 459A.205 sh…

1. The following persons shall develop and implement a nutrient management plan meeting the requirements of this section : a. The owner of an open feedlot operation which has an animal unit capacity of one thousand animal units or more or which is required to be issued an NPDES p…

If the department requires that a settled open feedlot effluent basin or animal truck wash effluent structure be constructed according to construction design standards, regardless of whether the department requires the owner to be issued a construction permit under section 459A.2…

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 feed…

In lieu of using a settled open feedlot effluent basin as provided in section 459A.302 to meet the open feedlot effluent control requirements of section 459A.401 , an open feedlot operation may use an alternative technology system for open feedlot effluent control. 1. The alterna…

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 so…

If because of topography or other factors related to the site of an open feedlot operation it is economically or physically impractical to comply with open feedlot effluent control requirements using an open feedlot control method in section 459A.401 , the department shall allow …

A person may stockpile solids, subject to all of the following: 1. a. The person shall not stockpile the solids within the following distances: (1) Four hundred feet from a designated area other than a high-quality water resource. (2) Eight hundred feet from a high-quality water …

1. a. An animal truck wash effluent structure shall not be constructed or expanded within one thousand two hundred fifty feet from a residence not owned by the titleholder of the animal truck wash facility, a commercial enterprise, a bona fide religious institution, an educationa…

1. Open feedlot effluent or animal truck wash effluent shall be applied in a manner which does not cause surface water or groundwater pollution. Application in accordance with the provisions of state law, including this chapter , rules adopted pursuant to the provisions of state …

The owner of an open feedlot operation or animal truck wash facility who discontinues its operation shall remove all effluent from related open feedlot operation structures or animal truck wash effluent structures used to store effluent, as soon as practical but not later than si…

The department and the attorney general shall enforce the provisions of this chapter in the same manner as provided in chapter 455B, subchapter I and section 455B.175 , unless otherwise provided in this chapter . 2005 Acts, ch 136, §18 ; 2007 Acts, ch 82, §5 ; 2021 Acts, ch 76, §…

A person who violates this chapter shall be subject to a civil penalty which shall be established, assessed, and collected in the same manner as provided in section 455B.191 . Any collected civil penalty and interest on a civil penalty shall be credited to the Iowa nutrient resea…

This chapter shall be known and may be cited as the “Animal Agriculture Compliance Act for Dry Bedded Confinement Feeding Operations” . 2009 Acts, ch 155, §5, 18

As used in this chapter , unless the context otherwise requires: 1. “Alluvial aquifer area” means an area underlaid by sand or gravel aquifers situated beneath floodplains along stream valleys and includes alluvial deposits associated with stream terraces and benches, contiguous …

For purposes of this chapter , all of the following shall apply: 1. Two or more dry bedded confinement feeding operations under common ownership or common management are deemed to be a single dry bedded confinement feeding operation if they are adjacent or utilize a common area o…

1. The environmental protection commission shall establish by rule adopted pursuant to chapter 17A , requirements relating to the construction, including expansion, or operation of dry bedded confinement feeding operations, including related dry bedded manure confinement feeding …

A person constructing a dry bedded confinement feeding operation structure on karst terrain or in an alluvial aquifer area shall comply with all of the following: 1. The person must construct the dry bedded confinement feeding operation structure at a location where there is a ve…

1. Except as provided in subsection 3 , the following shall apply: a. A dry bedded confinement feeding operation structure shall not be constructed closer than five hundred feet away from the surface intake of an agricultural drainage well. A dry bedded confinement feeding operat…

A person may stockpile dry bedded manure, subject to this section . 1. Except as provided in subsection 2 , a person shall not stockpile dry bedded manure within one thousand two hundred fifty feet from a residence not owned by the titleholder of the land, a commercial enterprise…

A dry bedded confinement feeding operation shall retain all dry bedded manure produced by the operation between periods of dry bedded manure application. For purposes of this section , dry bedded manure may be retained by stockpiling as provided in this chapter . A dry bedded con…

A person stockpiling dry bedded manure shall comply with applicable requirements of 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 . 2009 Acts, ch 155, §13, 18…

A person may stockpile dry bedded manure, subject to all of the following: 1. a. The person shall not stockpile the dry bedded manure within the following distances to a designated area unless the dry manure is maintained in a manner that will not allow precipitation-induced runo…

For purposes of a manure management plan for a dry bedded confinement feeding operation, if the application of dry bedded manure is on land other than land owned or rented for crop production by the owner of the dry bedded confinement feeding operation, the plan shall include a c…

The department and the attorney general shall enforce the provisions of this chapter in the same manner as provided in chapter 459, subchapter VI . 2009 Acts, ch 155, §16, 18