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CITATION of Administrative Rules

The Iowa Administrative Code shall be cited as (agency identification number) IAC
(chapter, rule, subrule, lettered paragraph, or numbered subparagraph).

441 IAC 79 (Chapter)

441 IAC 79.1(249A) (Rule)

441 IAC 79.1(1) (Subrule)

441 IAC 79.1(1)"a" (Paragraph)

441 IAC 79.1(1)"a"(1) (Subparagraph)

The Iowa Administrative Bulletin shall be cited as IAB (volume), (number), (publication
date), (page number), (ARC number).

IAB Vol. XII, No. 23 (5/16/90) p. 2050, ARC 872A

65.14(2) Variances to this rule may be granted by the director if the applicant provides an alternative that is substantially equivalent to the rule or provides improved effectiveness or protection as required by the rule. Variance shall be made in writing at the time the application is submitted. The denial of a variance may be appealed to the commission.
567--65.15(455B) Manure storage structure design requirements. The requirements in this rule apply to all animal feeding operation structures unless specifically stated otherwise.
65.15(1) Drainage tile removal for new construction of a manure storage structure. Prior to constructing a manure storage structure, other than storage of manure in an exclusively dry form, for which a construction permit is obtained, the site of for the confinement animal feeding operation structure shall be investigated for drainage tile lines as provided in this subrule and all. All applicable records of known drainage tiles shall be examined for the existence of drainage tile lines.
a. Prior to excavation for the berm of an aerobic structure, anaerobic lagoon or earthen manure storage basin, an applicant for a construction permit for a confinement feeding operation unformed manure storage structure, the owner of the unformed manure storage structure shall follow any one of the following procedures:
(1) An inspection trench of at least ten inches wide shall be dug around the structure to a depth of at least 6 feet from the original grade and at least 50 feet from the projected outside edge of the berm.
(2) A core trench shall be dug to a depth of at least 6 feet from grade at the projected center of the berm. After investigation for tile lines and any discovered tile lines are removed, an additional containment barrier shall be constructed underneath the center of the berm. The secondary containment shall meet the same percolation standards as the lagoon or basin with the lateral flow potential restricted to one-sixteenth of an inch per day.
b. The drainage tile lines discovered near an aerobic structure, anaerobic lagoon or earthen manure storage basin unformed manure storage structure shall be removed within 50 feet of the projected outside edge of the berm and within the projected site of the structure including under the berm. Drainage tile lines discovered upgrade from the structure shall be rerouted outside of 50 feet from the berm to continue the flow of drainage. Drain drainage tile lines installed at the time of construction to lower a groundwater table may remain where located. A device to allow monitoring of the water in the drain drainage tile lines installed to lower the groundwater table and a device to allow shutoff of the drain drainage tile lines shall be installed if the drain drainage tile lines do not have a surface outlet accessible on the property where the aerobic structure, anaerobic lagoon or earthen manure storage basin is located. All other drainage tile lines discovered shall be rerouted, capped, plugged with concrete, Portland cement concrete grout or similar materials, or reconnected to upgrade tile lines.
c. The applicant for a construction permit for a formed manure storage structure shall investigate for tile lines during excavation for the structure. Drainage tile lines discovered upgrade from the structure shall be rerouted around the formed manure storage structure to continue the flow of drainage. All other drainage tile lines discovered shall be rerouted, capped, plugged with concrete, Portland cement concrete grout or similar materials or reconnected to upgrade tile lines. Drain Drainage tile lines installed at the time of construction to lower a groundwater table may remain where located. A device to allow monitoring of the water in the drain drainage tile lines installed to lower the groundwater table and a device to allow shutoff of the drain drainage tile lines shall be installed if the drain drainage tile lines do not have a surface outlet accessible on the property where the formed manure storage structure is located.
d. An applicant A person may utilize other proven methods approved by the department to discover drainage tile lines.
e. Variances to this subrule may be granted by the director if the applicant a person provides an alternative that is substantially equivalent to the subrule or provides improved effectiveness or protection as required by the subrule. A request for a variance shall be made in writing at the time the application is submitted or prior to investigating for drainage tile, whichever is earlier. The denial of a variance may be appealed to the commission.
f. A waiver to this subrule may be granted by the director if sufficient information is provided that the location does not have a history of drainage tile.
65.15(2) Drainage tile removal around an existing manure storage structure.
a. The owner of an aerobic structure, anaerobic lagoon or earthen manure storage basin or earthen waste slurry storage basin, other than an egg washwater storage structure, that is part of a confinement feeding operation with a construction permit granted before March 20, 1996, but after December 31, 1992, shall inspect by March 20, 1997, for drainage tile lines as provided in this subrule and all applicable records of known drainage tiles shall be examined. The owner of an aerobic structure, anaerobic lagoon, earthen manure storage basin or earthen waste slurry storage basin, other than an egg washwater storage structure, that is part of a confinement feeding operation with a construction permit granted before January 1, 1993, but after May 31, 1985, shall inspect by July 1, 2000, for drainage tiles as provided in this subrule, and all applicable records of known drainage tiles shall be examined.
a. Inspection shall be by digging an inspection trench of at least ten inches wide around the structure to a depth of at least 6 feet from the original grade and at least 50 feet from the outside edge of the berm. The owner first shall inspect the area where trenching is to occur and manure management records to determine if there is any evidence of leakage and, if so, shall contact the department for further instructions as to proper inspection procedures. The owner of a confinement feeding operation shall either obtain permission from an adjoining property owner or trench up to the boundary line of the property if the distance of 50 feet would require the inspection trench to go onto the adjoining property.
b. The owner of the confinement feeding operation may utilize other proven methods approved by the department to discover drainage tile lines.
c. The drainage tile lines discovered near an aerobic structure, anaerobic lagoon, earthen manure storage basin or earthen waste slurry storage basin, other than an egg washwater storage structure, shall be removed within 50 feet of the outside edge of the berm. Drainage tile lines discovered upgrade from the aerobic structure, anaerobic lagoon or earthen manure storage basin shall be rerouted outside of 50 feet from the berm to continue the flow of drainage. All other drainage tile lines discovered shall be rerouted, capped, plugged with concrete, Portland cement concrete grout or similar materials, or reconnected to upgrade tile lines. Drain Drainage tile lines that were installed at the time of construction to lower a groundwater table may either be avoided if the location is known or may remain at the location if discovered.
d. By March 20, 1997, the owner of an aerobic structure, anaerobic lagoon, earthen manure storage structure or an earthen waste slurry storage basin, that is part of a confinement feeding operation with a construction permit granted before March 20, 1996, the date these rules are effective, including those granted before December 31, 1992, shall install a device to allow monitoring of the water in the drain drainage tile lines installed to lower the perched groundwater table layer and to allow shutoff of the drain drainage tile lines if the drain drainage tile lines do not have a surface outlet accessible on the property where the aerobic structure, anaerobic lagoon, earthen manure storage basin or earthen waste slurry storage basin is located.
e. If the owner of the confinement feeding operation discovers drain drainage tile that projects underneath the berm, it shall follow one of the following options:
(1) Contact the department to obtain permission to remove the drainage tile under the berm. The manure in the structure must be lowered to a point below the depth of the tile prior to removing the drainage tile from under the berm. Prior to using the structure, a new percolation test must be submitted to the department and approval received from the department.
(2) Grout the length of the tile under the berm to the extent possible. The material used to grout shall include concrete, Portland cement concrete grout or similar materials.
f. Variances to this subrule may be granted by the director if the applicant provides an alternative that is substantially equivalent to the subrule or provides improved effectiveness or protection as required by the subrule. A request for a variance shall be made in writing at least by January 20, 1997. The denial of a variance may be appealed to the commission.
g. A waiver to this subrule may be granted by the director if sufficient information is provided that the location does not have a history of drainage tile.
h. A written record describing the actions taken to determine the existence of tile lines, the findings, and actions taken to comply with this subrule, shall be prepared and maintained as part of the manure management plan records.
65.15(3) Guidelines for drainage tile removal around an existing manure storage structure.
a. It is recommended that a manure storage structure, other than the storage of manure in an exclusively dry form, that is part of a confinement feeding operation with a construction permit granted before January 1, 1993 May 31, 1985, be inspected for drainage tile lines as provided in this subrule, and all applicable records of known drainage tiles may be examined. For an aerobic structure, anaerobic lagoon, earthen manure storage basin or earthen waste slurry storage basin, inspection may be by digging an inspection trench of at least ten inches wide around the structure at a depth of at least 6 feet from the original grade and at least 50 feet from the projected outside edge of the berm. The owner first should inspect the area where trenching is to occur, and manure management records to determine if there is any evidence of leakage and, if so, shall contact the department for further instructions as to proper inspection procedures.
b. The drainage tile lines discovered may be removed within 50 feet of the outside edge of the berm. Drainage tile lines discovered upgrade from the structure may be rerouted outside of 50 feet from the berm to continue the flow of drainage. Drain Drainage tile lines that were installed at the time of construction to lower a groundwater table may either be avoided if the location is known or may remain at the location if discovered. All other drainage tile lines discovered may be rerouted, capped, plugged with concrete, Portland cement concrete grout or similar materials or reconnected to upgrade tile lines. The owner of a confinement feeding operation should either obtain permission from an adjoining property owner or trench up to the boundary line of the property if the distance of 50 feet would require the inspection trench to go onto the adjoining property.
c. If the owner of a confinement feeding operation discovers drain drainage tile that projects underneath the berm, it may follow one of the following options:
(1) Contact the department to obtain permission to remove the drainage tile under the berm. The manure in the structure must be lowered to a point below the depth of the tile prior to removing the drainage tile from under the berm. Prior to using the structure, a new percolation test must be submitted to the department and approval received from the department.
(2) Grout the length of the tile under the berm to the extent possible. The material used to grout may include concrete, Portland cement concrete grout or similar materials.
d. The owner of a confinement feeding operation with a formed manure storage structure other than dry manure storage may inspect for tile lines. Drainage tile lines discovered upgrade from the structure may be rerouted around the formed manure storage structure to continue the flow of drainage. Drainage tile lines put in place during or after construction of the formed manure storage structure to relieve hydrologic pressure may remain where located. All other drainage tile lines discovered may be rerouted, capped, plugged with concrete, Portland cement concrete grout or similar materials or reconnected to upgrade tile line.
65.15(4) Earthen waste slurry storage basins. An earthen waste slurry storage basin shall have accumulated manure completely removed at least twice each year unless there is sufficient basin capacity to allow removal of manure once each year and maintain freeboard as determined pursuant to 65.2(3)"b."
65.15(5) Earthen manure storage basins. An earthen manure storage basin shall have accumulated manure completely removed at least once each year. The An earthen manure storage basin may have enough manure storage capacity to contain the manure from the confinement feeding operation for up to 14 months and maintain freeboard as determined pursuant to 65.2(3)"b."
65.15(6) Soil testing for earthen structures. Applicants for construction permits for earthen manure storage structures shall submit soils information according to this subrule for the site of the proposed structure. All subsurface soil classification shall be based on American Society for Testing and Materials Designations D 2487-92 or D 2488-90. Soil borings corings shall be taken to determine subsurface soil characteristics and groundwater elevation and direction of flow of the proposed site for the an anaerobic lagoon, aerobic structure, earthen egg washwater storage structure, or earthen manure storage basin. Soil borings corings shall be conducted by a qualified person normally engaged in soil testing activities. Data from the soil borings corings shall be submitted with a construction permit application and shall include a description of the geologic units encountered, and a discussion of the effects of the soil and groundwater elevation and direction of flow on the construction and operation of the anaerobic lagoon, aerobic structure, earthen egg washwater storage structure, or earthen manure storage basin. All soil borings corings shall be taken by a method that identifies the continuous soil profile and does not result in the mixing of soil layers. The number and location of the soil borings corings will vary on a case-by-case basis as determined by the designing engineer and accepted by the department. The following are minimum requirements:
a. A minimum of three borings four soil corings reflecting the continuous soil profile is required for an each anaerobic lagoon, aerobic structure, earthen egg washwater storage structure, or earthen manure storage basin ½ acre water surface area or less, and four or more for an anaerobic lagoon, aerobic structure, earthen egg washwater structure, or earthen manure storage basin larger than ½ acre. One coring must be located within a 25-foot radius of each of the bottom corners of the structure. If the point of deepest excavation will not be at a corner, an additional coring shall be required at the point of deepest excavation. For an anaerobic lagoon, aerobic structure, earthen egg washwater storage structure, or earthen manure storage basin larger than 4 acres water surface area, one additional boring coring per acre is required for each acre above 4 acres surface area.
b. All borings corings shall be taken to a minimum depth of ten feet below the bottom elevation of the anaerobic lagoon, aerobic structure, earthen egg washwater storage structure, or earthen manure storage basin.
c. At least one boring coring shall be taken to a minimum depth of 25 feet below the bottom elevation of the anaerobic lagoon, aerobic structure, earthen egg washwater storage structure, or earthen manure storage basin or into bedrock, whichever is shallower.
d. Upon abandonment of the soil bore core holes, all soil bore core holes including those developed as temporary water level monitoring wells shall be plugged with concrete, Portland cement concrete grout, bentonite, or similar materials.
65.15(7) Hydrology.
a. Groundwater table. A minimum separation of four feet between the top of the liner on an any earthen aerobic structure, anaerobic lagoon, or earthen manure storage basin floor and the groundwater table is recommended; however, in no case shall the top of the liner on an earthen aerobic structure, anaerobic lagoon, or earthen manure storage basin floor be below the groundwater table. If the groundwater table is less than two feet below the top of the liner on an earthen aerobic structure, anaerobic lagoon, or earthen manure storage basin floor, the aerobic structure, anaerobic lagoon, or earthen manure storage basin shall be provided with a synthetic liner as described in 65.15(12)"f."
b. Permanent artificial lowering of groundwater table. The groundwater table around an anaerobic lagoon, aerobic structure, or earthen manure storage basin may be artificially lowered to levels required in paragraph "a" by using a gravity flow tile drainage system or other permanent nonmechanical system for artificial lowering of the groundwater table. Detailed For a permitted animal feeding operation, detailed engineering and soil drainage information shall be provided with a construction permit application to confirm the adequacy of the proposed permanent system to provide the required drainage without materially increasing the seepage potential of the site. (See subrule 65.15(1) for monitoring and shutoff requirements for drainage tile lines installed to lower the groundwater table.) For formed manure storage structures partially or completely constructed below the normal soil surface, a tile drainage system or other permanent system for artificial lowering of groundwater levels shall be installed around the structure if the groundwater table is above the bottom of the structure.
c. Determination of groundwater table. For purposes of this rule, groundwater table means the average annual high water table determined by the a licensed professional engineer, and where a construction permit is required, approved by the department as part of issuing a construction permit to the animal feeding operation, pursuant to this subrule. Current groundwater levels shall be measured using three temporary monitoring wells by measuring the water level seven days after installation. The borings corings required in subrule 65.15(6) may be completed as temporary monitoring wells for this purpose. The monitoring well measurements, along with evaluation of site soils for indicative features such as color and mottling, other existing water table data, and other pertinent information shall be used to determine the average annual high water table. If a drainage system for artificially lowering the groundwater table will be installed in accordance with the requirements of paragraph 65.15(7)"b," the level to which the groundwater table will be lowered will be considered to represent the average annual high water table.
65.15(8) Karst features. The No lagoon or basin shall not be located on sites a site that exhibit exhibits Karst features such as sinkholes, or solution channeling generally occurring in areas underlain by limestone or dolomite.
65.15(9) Bedrock separation. A separation of ten feet between the any lagoon or basin bottom and any bedrock formations is recommended with a minimum separation of four feet required.
65.15(10) Flooding protection. The top of the lagoon or basin embankment a manure storage structure shall be constructed at least one foot above the elevation of the 100-year flood.
65.15(11) Lagoon and basin seals Seals for anaerobic lagoons, aerobic structures, and earthen manure storage basins. A lagoon or basin shall be sealed such that seepage loss through the seal is as low as practically possible. The percolation rate shall not exceed 1/16 inch per day at a water the design depth of six feet the lagoon or basin. Following construction of the lagoon or basin, the results of a testing program which indicates the adequacy of the seal shall be provided to this department in writing prior to start-up of a permitted operation. The owner of a confinement feeding operation not required to obtain a construction permit shall keep a record of the construction methods and materials used to provide the seal and any test results available on the adequacy of the seal.
65.15(12) Aerobic structure, anaerobic lagoon, or earthen manure storage basin liner design and construction standards. An aerobic structure, anaerobic lagoon or earthen manure storage basin which receives a construction permit after January 21, 1998, shall comply with the following minimum standards in addition to subrule 65.15(11).
a. If the location of the proposed aerobic structure, anaerobic lagoon or earthen manure storage basin contains suitable materials as determined by the soil borings corings taken pursuant to subrule 65.15(6), those materials shall be compacted to establish a minimum of a 12-inch liner. A minimum initial overexcavation of 6 inches of material shall be required. The underlying material shall be scarified, reworked and compacted to a depth of 6 inches. The overexcavated materials shall be replaced and compacted.
b. If the location of the proposed aerobic structure, anaerobic lagoon or earthen manure storage basin does not contain suitable materials as determined by the soil borings corings taken in subrule 65.15(6), suitable materials shall be compacted to establish a minimum of a 24-inch liner.
c. Where sand seams, gravel seams, organic soils or other materials that are not suitable are encountered during excavation, the area where they are discovered shall be overexcavated a minimum of 24 inches and replaced with suitable materials and compacted.
d. All loose lift material must be placed in lifts of nine inches or less and compacted. The material shall be compacted at or above optimum moisture content and meet a minimum of 95 percent of the maximum density as determined by the Standard Proctor test after compaction.
e. For purposes of this rule, suitable materials means soil, soil combinations or other similar material that is capable of meeting the permeability and compaction requirements. Sand seams, gravel seams, organic soils or other materials generally not suitable for anaerobic lagoon, aerobic structure, or earthen manure storage basin construction are not considered suitable materials.
f. As an alternative to the above standards, a synthetic liner may be used. If the use of a synthetic liner is planned for an earthen aerobic structure, an anaerobic lagoon, or earthen manure storage basin, the permit application shall outline how the site will be prepared for placement of the liner, the physical, chemical, and other pertinent properties of the proposed liner, and information on the procedures to be used in liner installation and maintenance. In reviewing permit applications which involve use of synthetic liners, DNR will consider relevant synthetic liner standards adopted by industry, governmental agencies, and professional organizations as well as technical information provided by liner manufacturers and others.
65.15(13) Anaerobic lagoon design standards. For manure control systems that include the use of an anaerobic lagoon, the design criteria contained in 567--Chapters 22 and 23 for animal feeding operations shall be used. An anaerobic lagoon shall meet the requirements of this subrule.
a. General.
(1) Depth. Liquid depth shall be at least 8 feet but 15 to 20 feet is preferred if soil and other site conditions allow.
(2) Inlet. One subsurface inlet at the center of the lagoon or dual (subsurface and surface) inlets are preferred to increase dispersion. If a center inlet is not provided, the inlet structure shall be located at the center of the longest side of the anaerobic lagoon.
(3) Shape. Long, narrow anaerobic lagoon shapes decrease manure dispersion and should be avoided. Anaerobic lagoons with a length-to-width ratio of greater than 3:1 shall not be allowed.
(4) Aeration. Aeration shall be treatment as an "add-on process" and shall not eliminate the need for compliance with all anaerobic lagoon criteria contained in these rules.
(5) Manure loading frequency. The anaerobic lagoon shall be loaded with manure and dilution water at least once per week.
(6) Design procedure. Total anaerobic lagoon volume shall be determined by summation of minimum stabilization volume; minimum dilution volume (not less than 50 percent of minimum stabilization volume); manure storage between periods of disposal; and storage for 8 inches of precipitation.
(7) Manure storage period. Annual or more frequent manure removal from the anaerobic lagoon, preferably prior to May 1 or after September 15 of the given year, shall be practiced to minimize odor production. Design manure storage volume between disposal periods shall not exceed the volume required to store 14 months' manure production. Manure storage volume shall be calculated based on the manure production values found in Table 5 at the end of this chapter.
b. Minimum stabilization volume and loading rate.
(1) For all animal species other than beef cattle, there shall be 1000 cubic feet minimum design volume for each 5 pounds of volatile solids produced per day if the volatile solids produced per day are 6000 pounds or fewer and for each 4 pounds if the volatile solids produced per day are more than 6000 pounds. For beef cattle, there shall be 1000 cubic feet minimum design volume for each 10 pounds of volatile solids produced per day.
(2) In Lyon, Sioux, Plymouth, Woodbury, Osceola, Dickinson, Emmet, Kossuth, O'Brien, Clay, Palo Alto, Cherokee, Buena Vista, Pocahontas, Humboldt, Ida, Sac, Calhoun, and Webster counties for all animal species other than beef there shall be 1000 cubic feet minimum design volume for each 4.5 pounds of volatile solids per day if the volatile solids produced per day are 6000 pounds or fewer. However, if a water analysis as required in 65.15(13)"c"(2) below indicates that the sulfate level is below 500 milligrams per liter, then the rate is 1000 cubic feet for each 5.0 pounds of volatile solids per day.
(3) Credit shall be given for removal of volatile solids from the manure stream prior to discharge to the lagoon. The credit shall be in the form of an adjustment to the volatile solids produced per day. The adjustments shall be at the rate of 0.50 pound for each pound of volatile solids removed. For example, if a swine facility produces 7000 pounds of volatile solids per day, and if 2000 pounds of volatile solids per day are removed, the volatile solids produced per day would be reduced by 1000 pounds, leaving an adjusted pounds of volatile solids produced per day of 6000 pounds (for which the loading rate would be 5 pounds according to subparagraph (1) above).
(4) Credit shall be given for mechanical aeration if the upper one-third of the lagoon volume is mixed by the aeration equipment and if at least 50 percent of the oxygen requirement of the manure is supplied by the aeration equipment. The credit shall be in the form of an increase in the maximum loading rate (which is the equivalent of a decrease in the minimum design volume) in accordance with Table 8.
(5) If a credit for solids removal is given in accordance with subparagraph (3) above, the credit for qualified aeration shall still be given. The applicant shall submit evidence of the five-day biochemical oxygen demand (BOD5) of the manure after the solids removal so that the aeration credit can be calculated based on an adjustment rate of 0.50 pound for each pound of solids removed.
(6) American Society of Agricultural Engineers (ASAE) standards, "Manure Production and Characteristics," D384.1, shall be used in determining BOD5 production and volatile solid production of various animal species. The ASAE data for volatile solids production for dairy and swine is 10 and 8.5 pounds per 1000 pounds live weight per day, respectively. The ASAE data for BOD5 production for dairy and swine is 1.6 and 3.1 pounds per 1000 pounds live weight per day, respectively.
c. Water supply.
(1) The source of the dilution water discharged to the anaerobic lagoon shall be identified.
(2) The sulfate concentration of the dilution water to be discharged to the anaerobic lagoon shall be identified. The sulfate concentration shall be determined by standard methods as defined in 567--60.2(455B).
(3) A description of available water supplies shall be provided to prove that adequate water is available for dilution. It is recommended that, if the sulfate concentration exceeds 250 mg/l, then an alternate supply of water for dilution should be sought.
d. Initial lagoon loading. Prior to the discharge of any manure to the lagoon, the lagoon shall be filled to a minimum of 50 percent of its minimum design volume with fresh water and thereafter equal amounts of fresh water shall be added to the lagoon annually such that the volume of fresh water that has been added is always equal to or greater than the manure volume.
e. Manure removal. Manure shall be removed from the lagoon at least annually in a sufficient quantity to empty the lagoon to the minimum stabilization volume.
65.15(14) Concrete standards. A concrete formed manure storage structure, other than for the storage of manure in an exclusively dry form in a roofed structure, that is part of a confinement feeding operation which receives a construction permit after January 21, 1998, shall meet the minimum design and construction standards as described in this rule.
a. All concrete used in the construction of the formed manure storage structure shall have a minimum compressive strength of 4000 pounds per square inch (psi) as batched and delivered for use and meet the engineering design standards as placed. However, the minimum compressive strength for concrete used in footings shall be 3000 psi as batched and delivered for use and meet the engineering design standards as placed. All rebar used in the construction of the concrete formed manure storage structure shall be made of a minimum of grade 40 steel.
b. The floor of a concrete formed manure storage structure shall be a minimum of 5 inches thick. The floor of any concrete formed manure storage structure with a designed manure storage depth of 48 inches or more shall be reinforced with a minimum of either 6_ 6 _ 10 _ 10 steel 6 _ 6-W1.4 _ W1.4 welded wire mesh fabric (formed by 0.014 square inch cross-sectional area steel wires at right angles spaced 6 inches apart in each direction) or #4 rebar placed a maximum of 18 inches on center in each direction, or the steel equivalent.
c. The load-bearing walls of any concrete formed manure storage structure with a designed manure storage depth of less than 120 inches shall be a minimum of 6 inches thick. The load-bearing walls of any concrete formed manure storage structure with a designed manure storage depth of 120 inches or greater shall be a minimum of 8 inches thick. The walls shall be reinforced with a minimum of either #4 rebar placed a maximum of 18 inches on center in each direction or the steel equivalent.
d. All load-bearing walls shall be formed with rigid forming systems and shall not be ground formed.
e. All construction joints of the formed manure storage structure shall be poured to prevent discontinuity of steel and concrete and have rebar placed through the joint that is properly spliced and overlaid.
65.15(15) Berm erosion control.
a. The following requirements shall apply to any anaerobic lagoons, earthen aerobic structures, or earthen manure storage basins which receive a construction permit constructed after January 21, 1998 the effective date of this rule.
(1) Concrete, riprap, synthetic liners or similar erosion control materials or measures shall be used on the berm surface below pipes where manure will enter the anaerobic lagoon, aerobic structure, or earthen manure storage basin.
(2) Concrete, riprap, synthetic liners or similar erosion control materials or measures of sufficient thickness and area to accommodate manure removal equipment and to protect the integrity of the liner shall be placed at all locations on the berm, side slopes, and base of the anaerobic lagoon, aerobic structure, or earthen manure storage basin where agitation or pumping may cause damage to the liner.
(3) Erosion control materials or measures shall be used at the corners of the anaerobic lagoon, aerobic structure, or earthen manure storage basin.
b. The owner of a confinement feeding operation with an anaerobic lagoon, earthen aerobic structure, earthen manure storage basin, earthen waste slurry storage basin, or earthen egg washwater storage structure shall inspect the structure berms at least semiannually for evidence of erosion. Erosion problems found which may impact either structural stability or liner integrity shall be corrected in a timely manner.
65.15(16) Agricultural drainage wells. After May 29, 1997, a person shall not construct a new or expand an existing earthen aerobic structure, earthen anaerobic lagoon, earthen manure storage basin, earthen waste slurry storage basin, or earthen egg washwater storage structure within an agricultural drainage well area.
65.15(17) Secondary containment barriers for manure storage structures. Secondary containment barriers used to qualify any operation for the exemption provision in subrule 65.12(5) shall meet the following:
a. A secondary containment barrier shall consist of a structure surrounding or downslope of a manure storage structure that is designed to contain 120 percent of the volume of manure that could overflow from the manure storage structure. If the containment barrier does not surround the manure storage structure, upland drainage must be diverted.
b. The barrier may be constructed of earth, concrete, or a combination of both and shall not have a relief outlet or valve.
c. The base shall slope to a collecting area where storm water can be pumped out. If storm water is contaminated with manure, it shall be land-applied at normal fertilizer application rates in compliance with rule 65.3(455B).
d. Secondary containment barriers constructed entirely or partially of earth shall comply with the following requirements:
(1) The soil surface, including dike, shall be constructed to prevent downward water movement at rates greater than 1 _ 10^-6 cm/sec and shall be maintained to prevent downward water movement at rates greater than 1 _ 10^-5 cm/sec.
(2) Dikes shall not be steeper than 45 degrees and shall be protected against erosion. If the slope is 19 degrees or less, grass can be sufficient protection, provided it does not interfere with the required soil seal.
(3) The top width of the dike shall be no less than 3 feet.
e. Secondary containment barriers constructed of concrete shall be watertight and comply with the following requirements:
(1) The base of the containment structure shall be designed to support the manure storage structure and its contents.
(2) The concrete shall be routinely inspected for cracks, which shall be repaired with a suitable sealant.
65.15(18) Human sanitary waste shall not be directed to a manure storage structure or egg washwater storage structure.
65.15(19) Requirements for qualified operations. A confinement feeding operation that meets the definition of a qualified operation shall only use an aerobic structure for manure storage and treatment. This requirement does not apply to an operation that only handles manure in a dry form or was constructed or obtained a construction permit before May 31, 1995.
567--65.16(455B) Manure management plan for construction permit applicants requirements.
65.16(1) In accordance with Iowa Code section 455B.202, the following persons are required to submit manure management plans to the department:
a. The An applicant for a construction permit for a confinement feeding operation shall submit a manure management plan, in addition to the construction permit application, that meets the requirements of Iowa Code section 455B.203, and this rule in order to receive a construction permit. A However, a manure management plan shall not be required of an applicant for an egg washwater storage structure. A construction permit for a confinement feeding operation shall not be granted unless the applicant has shown that sufficient cropland is available for manure application according to the manure management plan.
b. The owners of confinement feeding operations, other than a small animal feeding operation, if the operation was constructed or expanded after May 31, 1985, and regardless of whether the operation was required to have a construction permit. Owners of confinement feeding operations which submitted a manure management plan are not required to submit a new plan if the plan meets the requirements of Iowa Code section 455B.200 which are summarized in 65.17(455B). Persons who have previously submitted manure management plans which do not meet the current plan requirements, and persons who have not previously submitted a manure management plan but are now required to do so, have until July 1, 1999, to submit a manure management plan which meets the requirements.
c. A person who applies manure in Iowa that was produced in a confinement feeding operation, other than a small operation, located outside of Iowa.
d. A research college is exempt from this subrule and the manure management plan requirements of rule 65.17(455B) for research activities and experiments performed under the authority of the research college and related to animal feeding operations.
65.16(2) The department shall review and approve or disapprove all complete manure management plans within 60 days of the date they are received.
65.16(3) Manure shall not be removed from a manure storage structure, which is part of a confinement feeding operation required to submit a manure management plan, until the department has approved the plan. As an exception to this requirement, during calendar year 1999, the owner of a confinement feeding operation may remove and apply manure from a storage structure in accordance with a manure management plan which has been submitted to the department, but which has not been approved within the required 60-day period. Manure shall be applied in compliance with rule 65.2(455B).
65.16(4) All persons required to submit a manure management plan to the department shall also pay to the department an indemnity fee as required in Iowa Code section 204.3 or 204.3A except those operations constructed prior to May 21,1995, which were not required to obtain a construction permit.
567--65.17(455B) Manure management plan content requirements. All manure management plans submitted after January 1, 1999, or when forms are available, whichever is later, are to be submitted on forms prescribed by the department. The plans shall include all of the information specified in Iowa Code section 455B.203 and described below.
65.16 17(1) Manure application rate general rules General.
a. A confinement feeding operation that is required to submit a manure management plan to the department under this rule shall not apply manure in excess of the nitrogen use levels necessary to obtain optimum crop yields. Nitrogen application rates shall be based on total nitrogen content of the manure unless the applicant submits calculations are submitted to show that crop usage rates based on plant available nitrogen have not been exceeded for the crop schedule submitted. Information to complete the required calculations may be obtained from the tables in this chapter, actual testing samples or from other credible sources including, but not limited to, Iowa State University, the United States Department of Agriculture, a licensed professional engineer, or an individual certified as a crop consultant under the American Registry of Certified Professionals in Agronomy, Crops, and Soils (ARCPACS) program, the Certified Crop Advisors (CCA) program, or the Registry of Environmental and Agricultural Professionals (REAP) program.
b. Manure management plans shall comply with the minimum manure control requirements of 65.2(455B) and the requirements for land application of manure in 65.3(455B).
c. All manure management plans shall include:
(1) The owner and the name of the confinement feeding operation, including mailing address and telephone number.
(2) The contact person for the confinement feeding operation, including mailing address and telephone number.
(3) The location of the confinement feeding operation and the animal weight capacity of the operation.
65.16 17(2) Manure management plan plans for sales of manure. An applicant for a construction permit for a confinement feeding operation that sells all or a portion of its manure shall be required to submit, in addition to the construction permit application, the following: Selling manure means the transfer of ownership of the manure for monetary or other valuable consideration. Selling manure does not include a transaction where the consideration is the value of the manure, or where an easement, lease or other agreement granting the right to use the land only for manure application is executed.
a. The confinement Confinement feeding operation operations that will sell dry manure as a commercial fertilizer or soil conditioner regulated by the Iowa department of agriculture and land stewardship under Iowa Code chapter 200 or 200A shall submit, as its manure management plan for that portion of manure which it intends to sell, documentation that manure will be sold pursuant to Iowa Code chapter 200 or 200A.
b. The applicant that is A confinement feeding operation not fully covered by paragraph "a" above and has an established practice of selling manure, or the confinement feeding operation that contains an animal species for which selling manure is a common practice shall submit a manure management plan providing the information specified in subparagraphs (1) through (3) of this paragraph. that includes the following: Selling manure means the transfer of ownership of the manure for monetary or other valuable consideration. Selling manure does not include a transaction where the consideration is the value of the manure, or where an easement, lease, license or other agreement granting the right to use the land for manure application is executed. The confinement feeding operation shall sell the manure to buyers with the sufficient number of acres according to the manure management plan and the manure sales forms for the application of the manure sold to the buyer from the confinement feeding operation.
(1) The manure management plan shall include:
1. (1) An estimate of the number of acres required for manure application calculated by dividing the total nitrogen available to be applied from the confinement feeding operation by the crop usage rate. Crop usage rate may be estimated by using a corn crop usage rate factor and an estimate of the optimum crop yield for the property in the vicinity of the confinement feeding operation.
2. (2) The total nitrogen available to be applied from the confinement feeding operation.
3. (3) An estimate of the annual animal production and manure volume or weight produced.
4. (4) A manure sales form. , if manure will be sold, shall include the following information:
1. A place for the name and address of the buyer of the manure.
2. A place for the quantity of manure purchased.
3. The optimum crop yield usage rate for the crops indicated in the crop schedule.
4. A place for manure application methods and the timing of manure application.
5. A place for the location of field where the manure will be applied including the number of acres where the manure will be applied.
6. A place for the manure application rate.
5. (5) Statements of intent if the manure will be sold. The number of acres indicated in the statements of intent shall be sufficient according to the manure management plan to apply the manure from the confinement feeding operation. The permit holder for an existing confinement feeding operation with a construction permit may submit past records of manure sales instead of statements of intent. The statements of intent shall include the following information:
(2) The manure sales form shall include the following information:
1. A place for the name and address of the buyer of the manure.
2. A place for the quantity of manure purchased.
3. The optimum crop yield and crop usage rate for the crops indicated in the crop schedule.
4. A place for manure application methods and the timing of manure application.
5. A place for the location of field where the manure will be applied including the number of acres where the manure will be applied.
6. A place for the manure application rate.
(3) The statements of intent shall include the following information:
1. The name and address of the person signing the statement.
2. A statement indicating the intent of the person to purchase the confinement feeding operation's manure.
3. The location of the farm where the manure can be applied including the total number of acres available for manure application.
4. The signature of the person who may purchase the confinement feeding operation's manure.
(4)(6) The construction permit holder owner shall maintain in its the owner's records a current manure management plan and copies of all of the manure sales forms completed and signed by each buyer of the manure and the applicant for three years. A construction permit holder An owner of a confinement feeding operation shall not be required to maintain current statements of intent as part of the manure management plan.
65.16 17(3) Manure management plan for nonsales of manure. An applicant for a construction permit for a confinement Confinement feeding operation operations that will not sell all of its their manure shall be required to submit the following as its manure management plan for that portion of the manure which will not be sold, in addition to the construction permit application:
a. Calculations to determine the land area required for manure application.
b. The total nitrogen available to be applied from the confinement feeding operation.
c. The optimum crop yield and crop usage rate for the crops indicated in the crop schedule.
d. Manure application methods and timing of the application.
e. The location of manure application.
f. An estimate of the annual animal production and manure volume or weight produced.
g. Methods, structures or practices that will be used to reduce soil loss and potential prevent surface water pollution.
h. Methods or practices that will be utilized to reduce odor if spray irrigation equipment is used to apply manure.
65.16 17(4) Manure management plan calculations to determine land area required for manure application. The number of acres required for manure application shall be determined by the following calculations:
a. The manure management plan shall include a calculation of the total nitrogen available to be applied from the confinement feeding operation. Pounds of nitrogen per year shall be determined by using the table values referenced in Table 3, "Annual Pounds of Nitrogen Per Space of Capacity," at the end of this chapter, actual nitrogen test values, or by using other credible sources. Deductions are to be taken for nitrogen credits from legume production and planned commercial nitrogen fertilizer applications. The resulting value shall then be multiplied by the correction factor for nitrogen loss in subrule 65.16(5), paragraph "c," based on the application method.
b. The manure management plan shall include a calculation of the crop usage rate by multiplying the optimum crop yield by the crop nitrogen usage rate factors for the crops named in the crop schedule for the cropland that will receive manure application.
c a. The number of acres of cropland needed for manure application shall be calculated by dividing the total nitrogen available to be applied from the confinement feeding operation by the crop usage rate.
d b. Manure from a confinement feeding operation may be applied in excess of the annual crop usage rate if soil testing determines that phosphorus or potassium levels are below recommended levels. However, maximum manure application rates shall not exceed 1.5 times the annual crop nitrogen usage rate; or, that rate which provides the recommended amount of phosphorus or potassium, whichever is more limiting, to obtain the optimum crop yield.
e c. Nitrogen in addition to that allowed in the manure management plan may be applied up to the amounts, indicated by soil or crop nitrogen test results, necessary to obtain the optimum crop yield.
65.16 17(5) Total nitrogen available from the confinement feeding operation.
a. To determine the nitrogen content of the confinement feeding operation's manure per year, the applicant may use the factors in Table 3, "Annual Pounds of Nitrogen Per Space of Capacity," at the end of this chapter multiplied by the number of spaces. If the applicant does not use the table is not used to determine the nitrogen content of the confinement feeding operation's manure per year, the applicant shall use other credible sources for standard table values or the actual nitrogen content of the confinement feeding operation's manure may be used. The actual nitrogen content shall be determined by a laboratory analysis of the manure from the confinement feeding operation's manure storage structure or from a manure storage structure with similar design and management as the confinement feeding operation's manure storage structure.
b. Credit for nitrogen from legume production in the year prior to growing corn or other grass crops shall be deducted from the total nitrogen to be applied according to the crop schedule submitted. Any planned commercial fertilizer nitrogen shall also be deducted from the total nitrogen that can be applied from manure sources.
c. The correction factor for nitrogen losses shall be determined for the method of application by the following, or from other credible sources for standard nitrogen loss values.
Surface-apply dry with no incorporation 0.70
Surface-apply liquids with no incorporation 0.75
Surface-apply liquid or dry
with incorporation within 24 hours 0.95
Surface-apply liquid or dry
with incorporation after 24 hours 0.80
Knifed in or soil injection of liquids 0.98
Irrigated liquids with no incorporation 0.60
65.16 17(6) Calculating the crop usage rate.
a. The optimum crop yield shall be determined for the cropland where the manure from the confinement feeding operation is to be applied. The applicant may use any of Any of the following methods for calculating the optimum crop yield may be used. To determine the optimum crop yield, the applicant may either exclude the lowest crop yield for the period of the crop schedule in the determination or allow for a crop yield increase of 10 percent. In using these methods, adjustment to update yield averages to current yield levels may be made if it can be shown that the available yield data is not representative of current yields.
(1) Soil survey interpretation record. The applicant plan shall submit include a soil type map showing soil types for the fields where manure will be applied. The optimum crop yield for each field shall be determined by using the weighted average of the soil interpretation record yields for the soils on the cropland where the manure is to be applied. Soil interpretation records from the Natural Resources Conservation Service shall be used to determine yields based on soil type.
(2) Consolidated farm service agency yields. The applicant plan shall submit include a copy of the consolidated farm service agency's determined crop yield or verified yield data for the cropland where the confinement feeding operation's manure is to be applied.
(3) Countywide crop insurance yields. The applicant plan shall submit include a copy of the county average yields established for crops covered by the catastrophic crop insurance program administered by the consolidated farm service agency.
(4) Multiperil crop insurance proven yields. Yields established for the purpose of purchasing multiperil crop insurance shall be used as proven yield data. A copy of the yield information on the multiperil crop insurance form shall be submitted as proven yield verification. The optimum yield determined for each crop shall be the average of at least three years' yield data.
(5) Proven yields. The applicant plan shall submit include the proven yield for the cropland that will be used for manure application and indicate the method used in determining the proven yield. Proven yields can only be used if a minimum of the most recent three years of yield data is submitted. The proven yields may exclude years in which a crop disaster occurred on the field or farm. These yields can be proven on a field-by-field or farm-by-farm basis.
(6) USDA county crop yields. The plan shall include the county yield data from the USDA Iowa Agricultural Statistics Service.
b. Crop schedule. Crop schedules submitted shall include the name and total acres of the planned crop on a field-by-field or farm-by-farm basis where manure application will be made. A map can be used to indicate crop plans by field or farm. These plans shall name the crop that is planned to be grown in each successive growing season beginning with the crop planned or actually grown during the year this plan is submitted. The construction permit holder for a confinement feeding operation Records shall be maintained maintain records of a multiyear planned crop schedule, including the crop grown, or planned to be grown for the current year and the planned crops for successive years. The construction permit holder for a The confinement feeding operation owner shall not be penalized for exceeding the nitrogen application rate for an unplanned crop, if crop schedules are altered because of weather, farm program changes, market factor changes, or other unforeseeable circumstances.
c. Crop usage rates. Crop nitrogen requirements may be based on the values in Table 4 at the end of this chapter or other credible sources. The applicant may use the The corn crop usage rate and the optimum corn crop yield instead of the table value for a legume crop for those years in the crop schedule that are part of a corn/legume rotation may be used.
65.16 17(7) Manure application methods and timing.
a. The applicant manure management plan shall identify the methods that will be used to land-apply the confinement feeding operation's manure. Methods to land-apply the manure may include, but are not limited to, surface-apply dry with no incorporation, surface-apply liquids with no incorporation, surface-apply liquid or dry with incorporation within 24 hours, surface-apply liquid or dry with incorporation after 24 hours, knifed in or soil injection of liquids, or irrigated liquids with no incorporation.
b. The applicant manure management plan shall identify the approximate time of year that land application of manure is planned. The time of year may be identified by season or month.
65.16 17(8) Location of manure application.
a. The manure management plan shall identify each farm where the manure will be applied, the number of acres that will be available for the application of manure from the confinement feeding operation, and the basis under which the land is available.
b. The manure management plan shall include a copy of each written agreement executed with the owner of the land where manure will be applied. The written agreement shall indicate the acres on which manure from the confinement feeding operation may be applied and the length of the agreement. A written agreement is not required if the land is owned or rented for crop production by the applicant or is owned by owner of the applicant confinement feeding operation.
c. The current manure management plan must also include a copy of each written agreement executed with the landowner when the location where the manure will be applied to land not owned or rented for crop production by the permit holder owner of the confinement feeding operation is changed. If a present location becomes unavailable for manure application, additional land for manure application shall be identified in the current manure management plan prior to the next manure application period.
65.16 17(9) Estimate of annual animal production and manure volume or weight produced. Volumes or weights of manure produced shall be estimated based on the numbers of animals, species, and type of manure storage used. The applicant plan shall submit list the annually expected number of production animals by species. The volume of manure may be estimated based on the values in Table 5 at the end of this chapter and submitted as a part of the producer's manure management plan. If the applicant plan does not use the table to determine the manure volume, from the confinement feeding operation, the applicant shall use other credible sources for standard table values or the actual manure volume from the confinement feeding operation may be used.
65.16 17(10) Methods to reduce soil loss and potential surface water pollution. The manure management plan shall include an identification of the methods, structures or practices that will be used to prevent or diminish soil loss and potential surface water pollution during the application of manure. The manure management plan shall include a summary or copy of the conservation plan for the cropland where manure from the animal feeding operation will be applied if the manure will be applied on highly erodible cropland. The conservation plan shall be the conservation plan approved by the local soil and water conservation district or its equivalent. The summary of the conservation plan shall identify the methods, structures or practices that are contained in the conservation plan. The manure management plan may include additional information such as whether the manure will be injected or incorporated or the type of manure storage structure.
65.16 17(11) Spray irrigation. Subrule 65.2(10) for Requirements contained in subrules 65.3(2) and 65.3(3) regarding the use of spray irrigation equipment to apply manure shall be followed. An applicant who A plan which has identified spray irrigation equipment as the method of manure application shall identify any additional methods or practices to reduce potential odor, if any other methods or practices will be utilized.
65.17(12) Current manure management plan. The owner of a confinement feeding operation which is required to submit a manure management plan shall maintain a current manure management plan at the site of the confinement feeding operation unless other arrangements acceptable to the department are made so that a copy of the current plan can be made available to the department within two working days after being requested. The plan shall include completed manure sales forms for a confinement feeding operation from which manure is sold. If manure management practices change, a person required to submit a manure management plan shall make appropriate changes consistent with thisrule. If values other than the standard table values are used for manure management plan calculations, the source of the values used shall be identified.
65.16(12) 65.17(13) Record keeping. The following rec-ords Records shall be maintained by the construction permit holder for owner of a confinement feeding operation which is required to submit a manure management plan. This recorded information shall be maintained by the construction permit holder for a confinement feeding operation for three years following the year of application or for the length of the crop rotation, whichever is greater, . Records and shall be maintained at the site of the confinement feeding operation unless other arrangements acceptable to the department are made so that a copy can be made available to the department within two working days after being requested by the department for upon inspection pursuant to Iowa Code section 455B.203. Records to demonstrate compliance with the manure management plan shall include:
a. A copy of the confinement feeding operation's current manure management plan, including completed manure sales forms for a confinement feeding operation from which manure is sold. If manure management practices change, a person required to submit a manure management plan shall make appropriate changes consistent with this rule. If values other than the standard table values are used for manure management plan calculations, the source of the values used.
b a. Methods of application when manure from the confinement feeding operation was applied.
c b. Date(s) when the manure from the confinement feeding operation was applied or sold.
d c. Location of the field where the manure from the confinement feeding operation was applied, including the number of acres.
e d. The manure application rate.
f. The record of inspection required by subrule 65.15(2), paragraph "g," if applicable.
65.16(13) Existing construction permit holders. A con-struction permit holder for a confinement feeding operation with a construction permit granted after May 31, 1985, and before May 31, 1995, shall submit a manure management plan to the department by January 16, 1997. However, if a person required to submit a plan under this subrule violates a rule applicable to confinement feeding operations, the person shall submit the plan not later than 120 days following notice by the department. An existing confinement feeding operation with a construction permit for an egg washwater storage structure shall not be required to comply with this subrule. The manure management plan shall meet the requirements in this rule. The construction permit holder for a confinement feeding operation shall have sufficient acres of cropland available to apply the manure produced by the confinement feeding operation as indicated in the manure management plan.
65.17(14) Record inspection. The department may inspect a confinement feeding operation at any time during normal working hours and may inspect the manure management plan and any records required to be maintained. As required in Iowa Code section 455B.203(4), Iowa Code chapter 22 shall not apply to the records which shall be kept confidential by the department and its agents and employees. The contents of the records are not subject to disclosure except as follows:
a. Upon waiver by the owner of the confinement feeding operation.
b. In an action or administrative proceeding commenced under this chapter. Any hearing related to the action or proceeding shall be closed.
c. When required by subpoena or court order.
65.17(15) Enforcement action. An owner required to provide the department a manure management plan pursuant to this rule who fails to provide the department a plan or who is found in violation of the terms and conditions of the plan shall not be subject to an enforcement action other than assessment of a civil penalty pursuant to Iowa Code section 455B.191.
567--65.17 18(455B) Construction certification. A confinement feeding operation which obtains a construction permit after March 20, 1996, shall submit to the department a certification from a licensed professional engineer that the manure storage structure in which manure is stored in a liquid or semiliquid form or the egg washwater storage structure was:
1. Constructed in accordance with the design plan. If actual construction deviates from the approved plans, identify all changes and certify that the changes were consistent with the standards of these rules or statute;
2. Supervised by the licensed professional engineer or a designee of the engineer during critical points of the construction. A designee shall not be the permittee, owner of the confinement feeding operation, a direct employee of the permittee or owner, or the contractor or an employee of the contractor;
3. Inspected by the licensed professional engineer after completion of construction and before commencement of operation; and
4. Constructed in accordance with the drainage tile removal standards of subrule 65.15(1), and including a report of the findings and actions taken to comply with this subrule.
567--65.18(455B) Manure management plans for confinement feeding operations utilizing formed manure storage structures for which a construction permit is not required.
65.18(1) Applicability. The owner of a confinement feeding operation which:
a. Stores manure in a formed manure storage structure, other than exclusively in a dry form;
b. Is first occupied by animals, other than bovine, after September 22, 1995; and
c. Has an animal weight capacity of more than 200,000 pounds but less than the construction permit requirement in this chapter and former Chapter 65 for formed manure storage structures in effect at the time construction was begun, as defined in rule 65.7(455B); shall provide the department with a manure management plan meeting the requirements of this rule no later than 60 days prior to the first land application of the manure from the formed manure storage structure. To determine the animal weight capacity of a confinement feeding operation confining more than one species of animals or storing manure in more than one form, the animal capacity of bovine animals or animals confined in structures with manure stored exclusively in a dry form shall be excluded.
65.18(2) Contents. The manure management plan shall include:
a. The owner and the name of the confinement feeding operation, including mailing address and telephone number.
b. The contact person for the confinement feeding operation, including mailing address and telephone number.
c. The location of the confinement feeding operation and the animal weight capacity of the operation.
d. The calculations to determine the land area required for manure application, pursuant to 65.16(4).
e. The total nitrogen available to be applied from the confinement feeding operation, pursuant to 65.16(5).
f. The optimum crop yield and crop usage rate for the crops indicated in the crop schedule, pursuant to 65.16(6).
g. The manure application methods and timing of the application, pursuant to 65.16(7).
h. The location of manure application, pursuant to 65.16(8)"a," and the manure application rate.
65.18(3) General. The general rules for manure application rate in 65.16(1) shall apply.
65.18(4) Current manure management plan. The owner of a confinement feeding operation shall maintain a current manure management plan and maintain records sufficient to demonstrate compliance with the manure management plan. As required in Iowa Code Supplement section 455B.203(4), Iowa Code chapter 22 shall not apply to the records which shall be kept confidential by the department and its agents and employees. The contents of the records are not subject to disclosure except as follows:
a. Upon waiver by the owner of the confinement feeding operation.
b. In an action or administrative proceeding commenced under this chapter. Any hearing related to the action or proceeding shall be closed.
c. When required by subpoena or court order.
65.18(5) Records. Records to demonstrate compliance with the manure management plan shall include:
a. A copy of the current manure management plan.
b. The date, location, rate and method of each application of manure from the confinement feeding operation.
65.18(6) Record inspection. The department may inspect the confinement feeding operation at any time during normal working hours. The department shall assess and the confinement feeding operation shall pay the actual costs of the inspection. However, in order to access the operation, the departmental inspector must comply with standard disease control restrictions customarily required by the operation. The department shall comply with Iowa Code section 455B.103 in conducting an investigation of the premises where the animals are kept.
65.18(7) Enforcement action. An owner required to provide the department a manure management plan pursuant to this rule who fails to provide the department a plan or who is found in violation of the terms and conditions of the plan shall not be subject to an enforcement action other than assessment of a civil penalty pursuant to Iowa Code section 455B.191.
567--65.19(455B) Manure applicators certification.
65.19(1) After March 2, 1999, a commercial manure applicator and a confinement site manure applicator shall not apply dry or liquid manure to land, unless the person is certified. Certification of a commercial manure applicator under this rule will also satisfy the commercial license requirement under rule 567--Chapter 68 only as it applies to manure removal and application. Each person who operates a manure applicating vehicle or equipment must be certified individually except as allowed in subrule 65.19(6).
65.19(2) Certification requirements. To be initially certified as a commercial or a confinement site manure applicator by the department, a person must:
a. Apply for certification on a form provided by the department.
b. Pay the required fee.
c. Pass the examination given by the department.
65.19(3) Certification fees.
a. Commercial manure applicators:
(1) Initial certification fee shall be $50.
(2) Certification renewal fee shall be $50 annually.
b. Confinement site manure applicators:
(1) Initial certification fee shall be $50.
(2) Certification renewal fee shall be $50 every three years.
65.19(4) Examinations.
a. Persons wishing to take the examination required to become certified commercial manure applicators or certified confinement site manure applicators may request a listing of dates and locations of examinations. The applicant must have a photo identification card at the time of taking the examination.
b. If a person fails the examination, the person may reapply.
c. Upon written request by an applicant, the director will consider the presentation of an oral examination on an individual basis when the applicant has failed the written examination at least twice; and the applicant has shown difficulty in reading or understanding written questions but may be able to respond to oral questioning.
65.19(5) Certification renewals.
a. To maintain certification and license, a commercial manure applicator must renew a certification and license each year by either passing an examination or attending three hours of continuing instructional courses.
b. To maintain certification, a confinement site manure applicator must renew a certification every three years either by passing an examination or attending two hours of continuing instructional courses each year.
c. Application for renewal of a certification must be received by the department or postmarked by the expiration date of the certification. Application shall be on forms provided by the department and shall include:
(1) Certification renewal fee.
(2) A passing grade on the certification examination or proof of attending the required hours of continuing instructional courses.
d. A commercial manure applicator or a confinement site manure applicator may not continue to apply manure after expiration of a certificate.
65.19(6) Exemption from certification.
a. Certification as a commercial manure applicator is not required of a person who is any of the following:
(1) Actively engaged in farming who trades work with another such person.
(2) Employed by a person actively engaged in farming not solely as a manure applicator who applies manure as an incidental part of the person's general duties.
(3) Engaged in applying manure as an incidental part of a custom farming operation.
(4) Engaged in applying manure as an incidental part of a person's duties.
(5) Applying manure within a period of 30 days from the date of initial employment as a commercial manure applicator if the person applying the manure is acting under direct instructions and control of a certified commercial manure applicator who is physically present at the manure application site by being in sight or hearing distance of the supervised person where the certified commercial applicator can physically observe and communicate with the supervised person at all times.
(6) Employed by a research college to apply manure from animal feeding operations that are part of the research activities or experiments of the research college.
b. Certification as a confinement site manure applicator is not required of a person who is either of the following:
(1) A part-time employee of a confinement site manure applicator and is acting under direct instruction and control of a certified commercial manure applicator who is physically present at the manure application site by being in sight or hearing distance of the supervised person where the the certified commercial manure applicator can physically observe and communicate with the supervised person at all times.
(2) Employed by a research college to apply manure from an animal feeding operation that is part of the research activities or experiments of the research college.
65.19(7) Certified commercial manure applicators have the following obligations:
a. Maintain the following records of manure disposal operations for a period of three years:
(1) A copy of instructions for manure application provided by the owner of the animal feeding operation.
(2) Dates that manure was applied or sold.
(3) The manure application rate.
(4) Location of fields where manure was applied.
b. Comply with the provisions of the manure management plan (MMP) prepared for the animal feeding operation and the requirements of 65.2(455B). If a manure management plan does not exist, the requirements of 65.2(455B) must still be met.
c. Any tanks or equipment used for hauling manure shall not be used for hauling hazardous or toxic wastes, as defined in 567--Chapter 131, or other wastes detrimental to land application and shall not be used in a manner that would contaminate a potable water supply or endanger the food chain or public health.
d. Pumps and associated piping on manure handling equipment shall be installed with watertight connections to prevent leakage.
e. Any vehicle used by a certified commercial manure applicator to transport manure on a public road shall display the certification/license number(s) of the certified applicator with three-inch or larger letters and numbers on the side of the tank or vehicle. The name and address of the certified commercial manure applicator shall also be prominently displayed on the side of the tank or vehicle.
f. Direct connection shall not be made between a potable water source and the tank or equipment on the vehicle.
65.19(8) Discipline of certified applicators.
a. Disciplinary action may be taken against a certified commercial manure applicator or confinement site manure applicator on any of the following grounds:
(1) Violation of state law or rules applicable to certified manure applicators or the handling or application of manure.
(2) Failure to maintain required records of manure application or other reports required by this rule.
(3) Knowingly making any false statement, representation, or certification on any application, record, report or document required to be maintained or submitted under any applicable permit or rule of the department.
b. Disciplinary sanctions allowable are:
(1) Revocation of a certificate.
(2) Probation under specified conditions relevant to the specific grounds for disciplinary action. Additional training or reexamination may be required as a condition of probation.
c. The procedure for discipline is as follows:
(1) The director shall initiate disciplinary action.
(2) Written notice shall be given to an applicator against whom disciplinary action is being considered. The notice shall state the informal and formal procedures available for determining the matter. The applicator shall be given 20 days to present any relevant facts and indicate the person's position in the matter and to indicate whether informal resolution of the matter may be reached.
(3) An applicator who receives notice shall communicate verbally or in writing or in person with the director and efforts shall be made to clarify the respective positions of the applicator and director.
(4) Failure to communicate facts and position relevant to the matter by the required date may be considered when determining appropriate disciplinary action.
(5) If agreement as to appropriate disciplinary sanction, if any, can be reached with the applicator and the director, a written stipulation and settlement between the department and the applicator shall be entered. The stipulation and settlement shall recite the basic facts and violations alleged, any facts brought forth by the applicator, and the reasons for the particular sanctions imposed.
(6) If an agreement as to appropriate disciplinary action, if any, cannot be reached, the director may initiate formal hearing procedures. Notice and formal hearing shall be in accordance with 561--Chapter 7 related to contested and certain other cases pertaining to license discipline.
65.19(9) Revocation of certificates. Upon revocation of a certificate, application for certification may be allowed after two years from the date of revocation. Any such applicant must successfully complete an examination and be certified in the same manner as a new applicant.
65.19(10) Reserved.
567--65.20(455B) Manure storage indemnity fund. The manure storage indemnity fund created in Iowa Code chapter 204 will be administered by the department. Moneys in the fund shall be used for the exclusive purpose of administration of the fund and the cleanup of eligible facilities at confinement feeding operation sites.
65.20(1) Eligible facility site. The site of a confinement feeding operation which contains one or more animal feeding operation structures is an eligible site for reimbursement of cleanup costs if one of the following conditions exists:
a. A county has acquired title to real estate containing the confinement feeding operation following nonpayment of taxes and the site includes a manure storage structure which contains stored manure or site contamination originating from the confinement feeding operation.
b. A county or the department determines that the confinement feeding operation has caused a clear, present and impending danger to the public health or environment.
65.20(2) Site cleanup. Site cleanup includes the removal and land application or disposal of manure from an eligible facility site according to manure management procedures approved by the department. Cleanup may include remediation of documented contamination which originates from the confinement feeding operation. Cleanup may also include demolishing and disposing of animal feeding operation structures if their existence or further use would contribute to further environmental contamination and their removal is included in a cleanup plan approved by the department. Buildings and equipment must be demolished or disposed of according to rules adopted by the department in 567--Chapter 101 which apply to the disposal of farm buildings or equipment by an individual or business organization.
65.20(3) Claims against the fund. Claims for cleanup costs may be made by a county which has acquired real estate containing an eligible facility site pursuant to a tax deed. A county claim shall be signed by the chairperson of the county board of supervisors. Cleanup may be initiated by the department or may be authorized by the department based on a claim by a county.
a. Advance notice of claim. Prior to or after acquiring a tax deed to an eligible facility site, a county shall notify the department in writing of the existence of the facility and the title acquisition. The county shall request in this notice that the department evaluate the site to determine whether the department will order or initiate cleanup pursuant to its authority under Iowa Code chapter 455B.
b. Emergency cleanup condition. If a county determines that there exists at a confinement feeding operation site a clear, present and impending danger to the public health or environment, the county shall notify the department of the condition. The danger should be documented as to its presence and the necessity to avoid delay due to its increasing threat. If no cleanup action is initiated by the department within 24 hours after being notified of an emergency condition requiring cleanup, the county may provide cleanup and submit a claim against the fund.
65.20(4) Contents of a claim against the fund.
a. A county claim against the fund for an eligible site acquired by a county following nonpayment of taxes shall be submitted to the department for approval prior to the cleanup action and shall contain the following information:
(1) A copy of the advance notice of claim as described in paragraph 65.20(3)"a."
(2) A copy of a bid by a qualified person, other than a governmental entity, to perform a site cleanup. The bid shall include a summary of the qualifications of the bidder including but not limited to prior experience in removal of hazardous substances or manure, experience in construction of confinement feeding operation facilities or manure storage structures, equipment available for conducting the cleanup, or any other qualifications bearing on the ability of the bidder to remove manure from a site. The bid must reference complying with a cleanup plan. The bid shall include a certification that the bidder has liability insurance in an amount not less than $1 million.
(3) A copy of the tax deed to the real estate containing the eligible facility site.
(4) Name and address, if known, of the former owner(s) of the site. The claim shall also include a description of any efforts to contact the former owner regarding the removal of manure and any other necessary cleanup at the site.
(5) A response to the request in the advance notice described in paragraph 65.20(3)"a" that the department will not initiate cleanup action at the site, or that 60 days have passed from the advance notice and request.
(6) A proposed cleanup plan describing all necessary activity including manure to be removed, application rates and sites, any planned remediation of site contamination, and any structure demolition and justification.
b. A county claim against the fund for an emergency cleanup condition may be submitted following the cleanup and shall contain the following information:
(1) A copy of a bid as described in subparagraph 65.20(4)"a"(2).
(2) Name and address of the owner(s), or former owner(s), of the site or any other person who may be liable for causing the condition.
(3) Information on the response from the department to the notice given as described in 65.20(3)"b," or if none was received, documentation of the time notice was given to the department.
(4) A cleanup plan or description of the cleanup activities performed.
65.20(5) Department processing of claims against the fund.
a. Processing of claims. The department will process claims in the order they are received.
b. The cleanup plan will be reviewed for acceptability to accomplish necessary actions according to subrule 65.20(2).
c. Review of bid. Upon receipt of a claim, the department will review the bid accompanying the claim. The department may consult with any person in reviewing the bid. Consideration will be given to the experience of the bidder, the bid amount, and the work required to perform the cleanup plan. If the department is satisfied that the bidder is qualified to perform the cleanup and costs are reasonable, the department will provide written approval to the county within 60 days from the date of receipt of the claim.
d. Obtaining a lower bid. If the department determines that it should seek a lower bid to perform the cleanup, it may obtain the names of qualified persons who may be eligible to perform the cleanup. One or more of those persons will be contacted and invited to view the site and submit a bid for the cleanup. If a lower bid is not received, the original bid may be accepted. If a bid is lower than the original bid submitted by the county, the department will notify the county that it should proceed to contract with that bidder to perform the cleanup.
65.20(6) Certificate of completion. Upon completion of the cleanup, the county shall submit a certificate of completion to the department. The certificate of completion shall indicate that the manure has been properly land-applied according to the cleanup plan and that any site contamination identified in the approved cleanup plan has been remediated and any approved structure demolition has been performed.
65.20(7) Payment of claims. Upon receipt of the certificate of completion, the department shall promptly authorize payment of the claim as previously approved. Payments will be made for claims in the order of receipt of certificates of completion.
65.20(8) Subrogation. The fund is subrogated to all county rights regarding any claim submitted or paid as provided in Iowa Code section 204.4(4).
567--65.19 21(455B) Transfer of legal responsibilities or title. If title or legal responsibility for a permitted animal feeding operation and its animal feeding operation storage structure is transferred, the person to whom title or legal responsibility is transferred shall be subject to all terms and conditions of the permit and these rules. The person to whom the permit was issued and the person to whom title or legal responsibility is transferred shall notify the department of the transfer of legal responsibility or title of the operation within 30 days of the transfer. Within 30 days of receiving a written request from the department, the person to whom legal responsibility is transferred shall submit to the department all information needed to modify the permit to reflect the transfer of legal responsibility. A person who has been classified as a habitual violator under Iowa Code section 455B.191 shall not acquire legal responsibility or a controlling interest to any additional permitted confinement feeding operations for the period that the person is classified as a habitual violator. A person who has an interest in a confinement feeding operation that is the subject of a pending enforcement action shall not acquire legal responsibility or an interest to any additional permitted confinement feeding operations for the period that the enforcement action is pending.
567--65.20 22(455B) Validity of rules. If any part of these rules is declared unconstitutional or invalid for any reason, the remainder of said rules shall not be affected thereby and shall remain in full force and effect, and to that end, these rules are declared to be severable.
These rules are intended to implement Iowa Code sections chapter 204; Iowa Code sections 455B.134(3)"e," 455B.161 to 455B.165, 455B.171 to 455B.188, 455B.191, and 455B.201 to 455B.204; and 1998 Iowa Acts, chapter 1209.
ITEM 5A. [AACO proposals] The following recommendations have been made by AACO differing from the Department recommendations in Item 5. They are included as alternates to the provisions in Item 5 at the identified locations. They are included in this Notice to provide opportunity for public review and comment.
Rule 567--65.1(455B). AACO recommends an alternate amendment of the definition of "Aerobic structure" and an alternate new definition for "Release" as follows:
"Aerobic structure" means an animal feeding operation structure other than an egg washwater storage structure which employs relies on aerobic bacterial action which is maintained by the utilization of air or oxygen and which includes aeration equipment to digest organic matter, and in which measurable dissolved oxygen is maintained in the upper 30 percent of the depth of manure in the structure. Aeration equipment is utilized to provide the air or oxygen necessary to maintain viability of the aerobic activity.
"Release" means an actual, imminent or probable discharge of manure from an animal feeding operation structure to surface water, groundwater, a tile line unless it does not discharge directly into a water of the state, or a designated area resulting from storing, handling, transporting or land-applying manure.
Subrule 65.2(8). AACO recommends an amendment of this subrule as follows:
65.2(8) As soon as practical but not later than six months after the use of an animal feeding operation structure is discontinued, all manure shall be removed from the discontinued animal feeding operation structure and its other related manure control facilities and be land applied.
Subrule 65.2(9), paragraph "d." AACO recommends an alternate for this new paragraph as follows:
d. Reporting of subsequent findings. The department will submit all findings and laboratory results regarding the release in writing to the owner of the animal feeding operation from which the manure released originated and other potentially responsible parties as soon as they become available. The permit holder or other potentially responsible parties may supply subsequent information regarding the release to assist the department in evaluation of the release.
Subrule 65.3(1). AACO recommends that the proposed new subrule 65.3(1) be deleted and subrules 65.3(2) through 65.3(4) be renumbered.
Subrule 65.6(11), paragraph "e." AACO recommends an alternate for this new paragraph as follows:
e. For five years after the date of the last violation of Iowa Code chapter 455B 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 Iowa Code section 455B.191, the department may revoke an operation permit or refuse to renew a permit according to subrule 65.6(10) if it determines that the operation of the confinement feeding operation constitutes a clear, present and impending danger to public health or the environment.
Subrule 65.7(3), paragraph "c." AACO recommends an alternate for this new paragraph as follows:
c. The department shall not issue a construction permit to expand a confinement feeding operation or make significant modifications in the volume or manner in which the manure is stored for one year after completion of the initial animal feeding operation structures, if a permit was not required for the initial construction. The department, upon good cause demonstrated by the applicant, may grant a waiver to this subrule.
Subrule 65.7(6). AACO recommends an alternate for this new subrule as follows:
65.7(6) For five years after the date of the last violation of Iowa Code chapter 455B 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 Iowa Code section 455B.191, the department may revoke a construction permit or refuse to renew an expiring permit according to subrule 65.7(5) if it determines that the operation of the confinement feeding operation constitutes a clear, present and impending danger to public health or the environment.
Subrule 65.7 8(1). AACO recommends an alternate amendment of this subrule as follows:
65.7 8(1) Construction of an animal feeding operation structure begins or an animal feeding operation structure is constructed when any of the following occur:
Subrule 65.10(8). AACO recommends an alternate for this new subrule as follows:
65.10(8) Complaint investigations. Complaints of violations of Iowa Code chapter 455B and this rule which are received by the department or are forwarded to the department by a county, following a county board of supervisors' determination that a complainant's allegation constitutes a violation, shall be investigated by the department if it is determined that the complaint is legally sufficient and an investigation is justified.
a. If after evaluating a complaint to determine whether the allegation may constitute a violation, without investigating whether the facts supporting the allegation are true or untrue, the county board of supervisors shall forward its finding to the department director.
b. A complaint is legally sufficient if it contains adequate information to investigate the complaint and if the allegation constitutes a violation, without investigating whether the facts supporting the allegation are true or untrue, of rules adopted by the department, Iowa Code chapter 455B or environmental standards of regulations subject to federal law and enforced by the department.
c. The department in its discretion shall determine the urgency of the investigation, and the time and resources required to complete the investigation, based upon the circumstances of the case, including the severity of the threat to the quality of surface water or groundwater.
d. The department shall notify the complainant and the alleged violator if an investigation is not conducted specifying the reason for the decision not to conduct an investigation.
e. The department will notify the county board of supervisors where the violation is alleged to occur before doing a site investigation unless the department determines that a clear, present and impending danger to the public health or environment requires immediate action.
f. The county board of supervisors may designate a county employee to accompany the department on the investigation of any site as a result of a complaint.
g. A county employee accompanying the department on a site investigation has the same right of access to the site as the department official conducting the investigation during the period that the county designee accompanies the department official. The county shall not have access to records required in subrule 65.17(12) or the current manure management plan maintained at the facility.
h. Upon completion of an investigation, the department shall notify the complainant of the results of the investigation, including any anticipated, pending or complete enforcement action arising from the investigation. The department shall deliver a copy of the notice to the animal feeding operation that is the subject of the complaint, any alleged violators if different from the animal feeding operation and the county board of supervisors where the violation is alleged to have occurred.
i. When entering the premises of an animal feeding operation, both of the following shall apply to a person who is a departmental official, an agent of the department, or a person accompanying the departmental official or agent:
(1) The person may enter at any reasonable time in and upon any private or public property to investigate any actual or possible violation of this chapter or the rules or standards adopted under this chapter. However, the owner or person in charge shall be notified.
1. If the owner or occupant of any property refuses admittance to the operation, or if prior to such refusal the director demonstrates the necessity for a warrant, the director may make application under oath or affirmation to the district court of the county in which the property is located for the issuance of a search warrant.
2. In the application the director shall state that an inspection of the premises is mandated by the laws of this state or that a search of certain premises, areas, or things designated in the application may result in evidence tending to reveal the existence of violations of public health, safety, or welfare requirements imposed by statutes, rules or ordinances established by the state or a political subdivision thereof. The application shall describe the area, premises, or thing to be searched, give the date of the last inspection if known, give the date and time of the proposed inspection, declare the need for such inspection, recite that notice of desire to make an inspection has been given to affected persons and that admission was refused if that be the fact, and state that the inspection has no purpose other than to carry out the purpose of the statute, ordinance, or regulation pursuant to which inspection is to be made. If an item of property is sought by the director, it shall be identified in the application.
3. If the court is satisfied from the examination of the applicant, and of other witnesses, if any, and of the allegations of the application of the existence of the grounds of the application, or that there is probable cause to believe their existence, the court may issue such search warrant.
4. In making inspections and searches pursuant to the authority of this rule, the director must execute the warrant:

* Within ten days after its date.

* In a reasonable manner, and any property seized shall be treated in accordance with the provisions of Iowa Code chapters 808, 809, and 809A.

* Subject to any restrictions imposed by the statute, ordinance or regulation pursuant to which inspection is made.
(2) The person shall comply with standard biosecurity requirements customarily required by the animal feeding operation which are necessary in order to control the spread of disease among an animal population.
Subrule 65.15(1), paragraph "a." AACO recommends an alternate amendment of this paragraph as follows:
a. Prior to excavation for the berm of an aerobic structure, anaerobic lagoon or earthen manure storage basin, an applicant for a construction permit for the owner of a confinement feeding operation or the person doing the drainage tile investigation shall follow any one of the following procedures:
Subrule 65.15(1), paragraph "e." AACO recommends an alternate amendment of this paragraph as follows:
e. Variances to this subrule may be granted by the director if the applicant owner of the confinement feeding operation provides an alternative that is substantially equivalent to the subrule or provides improved effectiveness or protection as required by the subrule. A request for a variance shall be made in writing at the time the application is submitted or prior to investigating for drainage tile, whichever is earlier. The denial of a variance may be appealed to the commission.
Subrule 65.15(2). AACO recommends an alternate amendment of this subrule as follows:
65.15(2) The owner of an aerobic structure, anaerobic lagoon or earthen manure storage basin or earthen waste slurry storage basin, other than an egg washwater storage structure, that is part of a confinement feeding operation with a construction permit granted before March 20, 1996, but after December 31, 1992, shall inspect by March 20, 1997, for drainage tile lines as provided in this subrule and all applicable records of known drainage tiles shall be examined. The owner of an aerobic structure, anaerobic lagoon, earthen manure storage basin or earthen waste slurry storage basin other than an egg washwater storage structure that is part of a confinement feeding operation with a construction permit granted before January 1, 1993, but after May 31, 1985, shall have an inspection conducted by July 1, 2000, for drainage tiles as provided in this subrule, and all applicable records of known drainage tiles shall be examined.
Subrule 65.15(2), paragraph "a." AACO recommends an alternate amendment of this paragraph as follows:
a. Inspection shall be by digging an inspection trench of at least ten inches wide around the structure to a depth of at least 6 feet from the original grade and at least 50 feet from the outside edge of the berm. The owner first shall inspect the area where trenching is to occur and manure management records to determine if there is any evidence of leakage and, if so, shall contact the department for further instructions as to proper inspection procedures. The owner of the confinement feeding operation or the person doing the inspection shall either obtain permission from an adjoining property owner or trench up to the boundary line of the property if the distance of 50 feet would require the inspection trench to go onto the adjoining property.
Subrule 65.15(2), paragraph "b." AACO recommends amendment of this paragraph as follows:
b. The owner of the confinement feeding operation or the person doing the inspection may utilize other proven methods approved by the department to discover drainage tile lines.
Subrule 65.15(2), paragraph "d." AACO recommends an alternate amendment of this paragraph as follows:
d. By March 20, 1997, the The owner of an aerobic structure, anaerobic lagoon, earthen manure storage structure or an earthen waste slurry storage basin with a tile drainage system to artificially lower the groundwater table , that is part of a confinement feeding operation with a construction permit granted before March 20, 1996, including those granted before December 31, 1992, shall install have a device installed to allow monitoring of the water in the drain tile lines installed to lower the perched groundwater layer table and to allow shutoff of the drain tile lines if the drain tile lines do not have a surface outlet accessible on the property where the aerobic structure, anaerobic lagoon, earthen manure storage basin or earthen waste slurry storage basin is located.
Subrule 65.15(2), paragraph "e." AACO recommends an alternate amendment of this paragraph as follows:
e. If the owner of the confinement feeding operation or the person doing the drainage tile investigation discovers drain drainage tile that projects underneath the berm, it shall follow one of the following options:
Subrule 65.15(3), paragraphs "b" and "c." AACO recommends an alternate amendment of these paragraphs as follows:
b. The drainage tile lines discovered may be removed within 50 feet of the outside edge of the berm. Drainage tile lines discovered upgrade from the structure may be rerouted outside of 50 feet from the berm to continue the flow of drainage. Drain tile lines that were installed at the time of construction to lower a groundwater table may either be avoided if the location is known or may remain at the location if discovered. All other drainage tile lines discovered may be rerouted, capped, plugged with concrete, Portland cement concrete grout or similar materials or reconnected to upgrade tile lines. The owner of the confinement feeding operation or the person doing the drainage tile investigation should either obtain permission from an adjoining property owner or trench up to the boundary line of the property if the distance of 50 feet would require the inspection trench to go onto the adjoining property.
c. If the owner of the confinement feeding operation or the person doing the drainage tile investigation discovers drain tile that projects underneath the berm, it may follow one of the following options:
Subrule 65.15(6), paragraph "a." AACO recommends an alternate amendment of this paragraph as follows:
a. A minimum of three borings four soil corings reflecting the continuous soil profile is required for an anaerobic lagoon, aerobic structure, earthen egg washwater storage structure, or earthen manure storage basin ½ acre water surface area or less, and four or more for an anaerobic lagoon, aerobic structure, earthen egg washwater structure, or earthen manure storage basin larger than ½ acre. All corings shall be located within the outside toe of the final constructed structure with one coring as close as possible to each anticipated bottom corner of the structure. If the point of deepest excavation will not be at the corner, an additional coring shall be required at the point of deepest excavation. For an anaerobic lagoon, aerobic structure, earthen egg washwater storage structure, or earthen manure storage basin larger than 4 acres water surface area, one additional boring coring per acre is required for each acre above 4 acres surface area.
Subrule 65.15(7), paragraph "b." AACO recommends an alternate amendment of this paragraph as follows:
b. Permanent artificial lowering of groundwater table. The groundwater table around an anaerobic lagoon, aerobic structure, or earthen manure storage basin may be artificially lowered to levels required in paragraph "a" by using a gravity flow tile drainage system or other permanent nonmechanical system for artificial lowering of the groundwater table. Detailed engineering and soil drainage information shall be provided with a construction permit application for an earthen aerobic structure, anaerobic lagoon or earthen manure storage basin to confirm the adequacy of the proposed permanent system to provide the required drainage without materially increasing the seepage potential of the site. (See subrule 65.15(1) 65.15(2)"d" for monitoring and shutoff requirements for drainage tile lines installed to lower the groundwater table.) For formed manure storage structures partially or completely constructed below the normal soil surface, a tile drainage system or other permanent system for artificial lowering of groundwater levels shall be installed around the structure if the groundwater table is above the bottom of the structure.
Subrule 65.15(8). AACO recommends an alternate amendment of this subrule as follows:
65.15(8) Karst features. The anaerobic lagoon or earthen manure storage basin shall not be located on sites a site that exhibit exhibits Karst features such as sinkholes, or solution channeling generally occurring in areas underlain by limestone or dolomite.
Subrule 65.15(9). AACO recommends an alternate amendment of this subrule as follows:
65.15(9) Bedrock separation. A separation of ten feet between the lagoon or basin bottom and any bedrock formations is recommended with a minimum separation of four feet required. A minimum of 4 feet of separation between an unformed manure storage structure bottom and any bedrock formation is required. A 10 feet separation is recommended.
Subrule 65.15(11). AACO recommends the following alternate amendment of this subrule until an ISU study on exfiltration rates may be considered:
65.15(11) Lagoon and basin seals. Seals for anaerobic lagoons, aerobic structures, and earthen manure storage basins. A lagoon or basin shall be sealed such that seepage loss through the seal is as low as practically possible. The percolation rate shall not exceed 1/16 inch per day at a water depth of 6 feet. Following construction of the lagoon or basin, the results of a testing program which indicates the adequacy of the seal shall be provided to this department in writing prior to start-up of a permitted operation. The owner of a confinement feeding operation not required to obtain a construction permit shall keep a record of the construction methods and materials used to provide the seal and any test results available on the adequacy of the seal.
Subrule 65.15(13), paragraph "b," subparagraph (6). AACO recommends an alternate to this new subparagraph as follows:
(6) American Society of Agricultural Engineers (ASAE) standards, "Manure Production and Characteristics," D384.1, or Midwest Plan Service-18 (MWPS-18), Table 2-1, shall be used in determining the biochemical oxygen demand (five day) production and volatile solid production of various animal species.
Subrule 65.15(13), paragraph "d." AACO recommends an alternate for this new paragraph as follows:
d. Initial lagoon loading. Prior to the discharge of any manure to the anaerobic lagoon, it shall be filled to a minimum of 50 percent of its minimum design volume with fresh water. After initial loading, equal or greater volumes of fresh water or dilute recycle water from the second or third cell of an anaerobic lagoon system shall be added to the volume of manure to be discharged into the anaerobic lagoon annually.
Subrule 65.15(13), paragraph "e." AACO recommends an alternate for this new paragraph as follows:
e. Manure removal. If the operation plan for the anaerobic lagoon is to dewater it once a year, manure should be removed to approximate the annual manure volume generated plus the dilution water used. If the operation plan for the anaerobic lagoon is to dewater it more frequently, the anaerobic lagoon liquid level should be managed to maintain adequate freeboard.
Subrule 65.15(17). AACO recommends an alternate for this new subrule as follows until the department proposal can be reviewed further:
65.15(17) Secondary containment barriers for manure storage structures. Secondary containment barriers shall be used to qualify any operation for the exemption provision in subrule 65.12(5).
Subrule 65.15(19). AACO recommends an alternate to the new subrule as follows:
65.15(19) Requirements for qualified operations. A confinement feeding operation that meets the definition of a qualified operation shall only use an aerobic structure for manure storage and treatment. This requirement does not apply to a confinement feeding operation that stores manure as dry matter, or to an egg washwater storage structure. This requirement does not apply to a confinement feeding operation if the operation was constructed or the department issued a construction permit before May 31, 1995, for the construction of an animal feeding operation structure and construction began prior to May 31, 1995.
Subrule 65.19(2). AACO recommends an alternate to the new subrule as follows:
65.19(2) Certification requirements. To be certified as a commercial or a confinement site manure applicator by the department, a person must do all of the following:
a. Apply for certification on a form provided by the department.
b. Pay the required certification fee of $50.
c. Pass the examination given by the department or in lieu of the examination attend continuing instruction courses as described in subrule 65.19(5).
Subrule 65.19(3). AACO recommends an alternate to the new subrule as follows:
65.19(3) Certification term.
a. Certification for a confinement site applicator shall be for a period of three years.
b. Certification for a commercial manure applicator shall be for a period of one year.
Subrule 65.19(5). AACO recommends an alternative to the new subrule as follows:
65.19(5) Continuing instruction courses in lieu of examination.
a. To establish or maintain certification and license, a commercial manure applicator must each year either pass an examination or attend three hours of continuing instructional courses.
b. To establish or maintain certification a confinement site manure applicator must either pass an examination every three years or attend two hours of continuing instructional courses each year.
c. Application for renewal of a certification must be received by the department or postmarked by the expiration date of the certification. Application shall be on forms provided by the department and shall include:
(1) Certification renewal fee.
(2) A passing grade on the certification examination or proof of attending the required hours of continuing instructional courses.
d. A commercial manure applicator or a confinement site manure applicator may not continue to apply manure after expiration of a certificate.
Subrule 65.19(7), paragraph "a." AACO recommends this proposed paragraph be deleted and paragraphs "b" through "f" be relettered accordingly.
ITEM 6. Amend the title of Appendix B in 567--Chapter 65 as follows:

* Formed manure storage structure
** Earthen manure storage basin
*** Anaerobic lagoon
ITEM 10. Amend Table 5 in Appendix B of 567--Chapter 65 as follows:

* Formed manure storage structure
** Earthen manure storage basin
*** Anaerobic lagoon
ITEM 11. Amend 567--Chapter 65, Appendix B, by adopting new Tables 6, 7 and 8 as follows:

See rule 567 IAC 65.12(455B) for exemptions available from the above distances