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455B.162 Animal feeding operations---new construction and expansion.

The following shall apply to animal feeding operation structures constructed on or after May 31, 1995; to the expansion of structures constructed on or after May 31, 1995; or, except as provided in section 455B.163, to the expansion of structures constructed prior to May 31, 1995:

1. Except as provided in subsection 2, the following table shall apply to animal feeding operation structures:

a. The following table represents the minimum separation distance in feet required between an animal feeding operation structure and a residence not owned by the owner of the animal feeding operation, or a commercial enterprise, bona fide religious institution, or an educational institution: Q $KIP$ 1 P MARGINS F $T26@Minimum separation ~~ $T26@distance in feet ~~ $T26@for operations ~~ $T15@Minimum separation$T26@having an animal$T37@Minimum separation ~~ $T15@distance in feet$T26@weight capacity of$T37@distance in feet ~~ $T15@for operations$T26@625,000 or more$T37@for operations ~~ $T15@having an animal$T26@pounds but less$T37@having an animal ~~ $T15@weight capacity of$T26@than 1,250,000$T37@weight capacity of ~~ $T15@less than 625,000$T26@pounds for animals$T37@1,250,000 or more ~~ $T15@pounds for animals$T26@other than bovine,$T37@pounds for animals ~~ $T15@other than bovine,$T26@or 1,600,000 or more$T37@other than bovine, ~~ $T15@or less than$T26@pounds but less$T37@or 4,000,000 or ~~ $T15@1,600,000 pounds$T26@than 4,000,000$T37@more pounds for ~~ Type of structure$T15@for bovine$T26@pounds for bovine$T37@bovine ~~ ~~ Q $KIP$ 1 Anaerobic lagoon$T19@1,250$T30@1,875$T41@2,500 ~~ Uncovered earthen manure ~~ storage basin$T19@1,250$T30@1,875$T41@2,500 ~~ Uncovered formed manure ~~ storage structure$T19@1,000$T30@1,500$T41@2,000 ~~ Covered earthen manure ~~ storage basin$T19@ 750$T30@1,000$T41@1,500 ~~ Covered formed manure ~~ storage structure$T19@ 750$T30@1,000$T41@1,500 ~~ Confinement building$T19@ 750$T30@1,000$T41@1,500 ~~ Egg washwater storage ~~ structure$T19@ 750$T30@1,000$T41@1,500 ~~ Q $KIP$ 1 P MARGINS L *T)(

b. The following table represents the minimum separation distance in feet required between animal feeding operation structures and a public use area or a residence not owned by the owner of the animal feeding operation, a commercial enterprise, a bona fide religious institution, or an educational institution located within the corporate limits of a city: Q $KIP$ 1 P MARGINS F $T26@Minimum separation ~~ $T26@distance in feet ~~ $T26@for operations ~~ $T15@Minimum separation$T26@having an animal$T37@Minimum separation ~~ $T15@distance in feet$T26@weight capacity of$T37@distance in feet ~~ $T15@for operations$T26@625,000 or more$T37@for operations ~~ $T15@having an animal$T26@pounds but less$T37@having an animal ~~ $T15@weight capacity of$T26@than 1,250,000$T37@weight capacity of ~~ $T15@less than 625,000$T26@pounds for animals$T37@1,250,000 or more ~~ $T15@pounds for animals$T26@other than bovine,$T37@pounds for animals ~~ $T15@other than bovine,$T26@or 1,600,000 or more$T37@other than bovine, ~~ $T15@or less than$T26@pounds but less$T37@or 4,000,000 or ~~ $T15@1,600,000 pounds$T26@than 4,000,000$T37@more pounds for ~~ Type of structure$T15@for bovine$T26@pounds for bovine$T37@bovine ~~ ~~ Q $KIP$ 1 Animal feeding operation ~~ structure$T19@1,250$T30@1,875$T41@2,500 ~~ Q $KIP$ 1 @b P MARGINS L *T)

2. a. As used in this subsection, a "qualified confinement feeding operation" means a confinement feeding operation having an animal weight capacity of two million or more pounds for animals other than animals kept in a swine farrow-to-finish operation or bovine kept in a confinement feeding operation; a swine farrow-to-finish operation having an animal weight capacity of two million five hundred thousand or more pounds; or a confinement feeding operation having an animal weight capacity of six million or more pounds for bovine.

b. A qualified confinement feeding operation shall only use an animal feeding operation structure which employs bacterial action which is maintained by the utilization of air or oxygen, and which shall include aeration equipment. The type and degree of treatment technology required to be installed shall be based on the size of the confinement feeding operation, according to rules adopted by the department. The equipment shall be installed, operated, and maintained in accordance with the manufacturer's instructions and requirements of rules adopted pursuant to this subsection.

c. This subsection shall not apply to a confinement feeding operation which stores manure as dry matter, or to an egg washwater storage structure. This subsection shall not apply to a confinement feeding operation, if the operation was constructed prior to May 31, 1995, or the department issued a permit prior to May 31, 1995, for the construction of an animal feeding operation structure connected to a confinement feeding operation and the construction began prior to May 31, 1995.

Section History: Recent form

95 Acts, ch 195, §16

Internal References

Referred to in § 455B.163, 654C.1


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