567—65.201  (459A)  Minimum animal truck wash effluent control requirements and reporting of releases.  An animal truck wash facility shall provide for the management of manure, process wastewater, settleable solids, scraped solids, and animal truck wash effluent by using the control method as provided in subrules 65.201(1) to 65.201(4). A release shall be reported to the department as provided in subrule 65.201(5).
	   65.201(1) No direct discharge of animal truck wash effluent shall be allowed from an animal truck wash facility into a publicly owned lake, a known sinkhole, or an agricultural drainage well.
	   65.201(2) Land application.
	      a.    	  General requirements. Animal truck wash effluent shall be land-applied in a manner which will not cause pollution of surface water or groundwater. Land application of animal truck wash effluent shall not exceed one inch per hour, and land application shall cease immediately if runoff occurs. Land application of animal truck wash effluent shall be conducted on days when weather and soil conditions are suitable. Weather and soil conditions are normally considered suitable for animal truck wash effluent application if: (1) land application areas are not frozen or snow-covered; (2) temperatures during application are greater than 32 degrees Fahrenheit; and (3) precipitation has not exceeded the water holding capacity of the soil to accept the effluent application without the possibility of runoff. Application in accordance with the provisions of state law and the rules in this chapter shall be deemed as compliance with this requirement.
	      b.    	  Separation distances. A person shall not apply animal truck wash effluent on land located within 750 feet from a residence not owned by the titleholder of the land, unless one of the following apply:
	       (1)  	  The animal truck wash effluent is land-applied by injection or incorporation on the same date as the animal truck wash effluent was land-applied.
	       (2)  	  The titleholder of the land benefiting from the separation distance requirement executes a written waiver with the titleholder of the land where the animal truck wash effluent is applied.
	       (3)  	  The animal truck wash effluent is from a small animal truck wash facility or an animal truck wash facility that is part of a small animal feeding operation.
	   65.201(3) The owner of an animal truck wash facility who discontinues the use of the facility shall remove and land-apply in accordance with state law all manure, process wastewater and animal truck wash effluent from the animal truck wash effluent structures as soon as practical but not later than six months following the date the animal truck wash facility is discontinued.
	   65.201(4) Stockpiling of scraped solids and settleable solids. Stockpiles of solids scraped from animal truck wash facilities and stockpiles of settleable solids shall comply with the following requirements:
	      a.    	  Stockpiles must be land-applied in accordance with subrule 65.201(2) as soon as possible but not later than six months after they are established.
	      b.    	  Stockpiles shall not be located within 400 feet from a designated area or, in the case of a high-quality water resource, within 800 feet.
	      c.    	  Stockpiles shall not be located in grassed waterways or areas where water ponds or has concentrated flow.
	      d.    	  Stockpiles shall not be located within 200 feet of a terrace tile inlet or surface tile inlet or known sinkhole unless the stockpile is located so that any runoff from the stockpile will not reach the inlet or sinkhole.
	      e.    	  Stockpiles shall not be located on land having a slope of more than 3 percent unless methods, structures or practices are implemented to contain the stockpiled solids, including but not limited to hay bales, silt fences, temporary earthen berms, or other effective measures, and to prevent or diminish precipitation-induced runoff from the stockpiled solids.
	   65.201(5) A release, as defined in rule 567—65.200(459,459A), shall be reported to the department as provided in this subrule. This subrule does not apply to the land application of manure, process wastewater, animal truck wash effluent, scraped solids, or settleable solids in compliance with these rules.
	      a.    	  Notification. A person storing, handling, transporting, or land-applying manure, process wastewater, animal truck wash effluent, scraped solids, or settleable solids from an animal truck wash facility who becomes aware of a release shall notify the department of the occurrence of release as soon as possible but not later than six hours after the onset or discovery of the release by contacting the department’s spill line. The local police department or the office of the sheriff of the affected county shall also be contacted within the same time period if the release involves a public roadway and public safety could be threatened. Reports made pursuant to this rule shall be confirmed in writing as provided in 65.201(5)“c.”
	      b.    	  Verbal report. The verbal report of such a release should provide information on as many items listed in 65.201(5)“c” as available information will allow.
	      c.    	  Written report. The written report of a release shall be submitted at the request of the department within 30 days after the verbal report of the release and contain at a minimum the following information:
	       (1)  	  The approximate location of the alleged release (including at a minimum the quarter-quarter section, township and county in which the release occurred or was discovered).
	       (2)  	  The time and date of onset of the alleged release, if known, and the time and date of the discovery of the alleged release.
	       (3)  	  The time and date of the verbal report to the department of the release.
	       (4)  	  The name, mailing address and telephone number of the person reporting the release.
	       (5)  	  The name, mailing address and telephone number of any other person with knowledge of the event who can be contacted for further information.
	       (6)  	  The source of the manure, process wastewater, animal truck wash effluent, scraped solids, or settleable solids allegedly released.
	       (7)  	  The estimated or known volume of manure, process wastewater, animal truck wash effluent, scraped solids, or settleable solids allegedly released.
	       (8)  	  The weather conditions at the time of the onset or discovery of the release.
	       (9)  	  If known, the circumstances under which the alleged release occurred or exists (e.g., overflow, storage structure breach, equipment malfunction or breakdown, land runoff).
	       (10)  	  The approximate location of the nearest stream or other water body which is or could be impacted by the alleged release, and the approximate location to the alleged release of any known tile intakes or tile lines which could be a direct conveyance to a surface water or groundwater.
	       (11)  	  A description of any containment or remedial measures taken to minimize the impact of the release.
	       (12)  	  Any information that may assist the department in evaluating the release.
	      d.    	  Reporting of subsequent findings. All subsequent findings and laboratory results should be reported and submitted in writing to the department as soon as they become available.
	      e.    	  Waiver of notification requirement. A waiver from the notification requirement of paragraph “a” of this subrule may be granted by the department for a release to a specific drainage tile line or intake if sufficient information is provided to demonstrate that the drainage tile line or intake will not result in a discharge to a water of the state.
[ ARC 2798C , IAB 11/9/16, effective 12/14/16]