An animal feeding operation constructed or expanded prior to the date that a distance requirement became effective under section 455B.162 and which does not comply with the section's distance requirement may continue to operate regardless of the distance requirement. The animal feeding operation may be expanded if any of the following applies:
1. a. An animal feeding operation structure as constructed or expanded prior to January 1, 1999, complies with the distance requirements applying to that structure as provided in section 455B.162.
b. An animal feeding operation structure as constructed or expanded on or after January 1, 1999, complies with the distance requirements applying to that structure as provided in section 455B.162.
2. All of the following apply to the expansion of the animal feeding operation:
a. No portion of the animal feeding operation after expansion is closer than before expansion to a location or object for which separation is required under section 455B.162.
b. The animal weight capacity of the animal feeding operation as expanded is not more than the lesser of the following:
(1) Double its capacity on May 31, 1995, for an animal feeding operation structure constructed prior to January 1, 1999, or on January 1, 1999, for an animal feeding operation structure constructed on or after January 1, 1999.
(2) Either of the following:
(a) Six hundred twenty-five thousand pounds animal weight capacity for animals other than bovine.
(b) One million six hundred thousand pounds animal weight capacity for bovine.
3. The animal feeding operation was constructed prior to January 1, 1999, and is expanded by replacing one or more unformed manure storage structures with one or more formed manure storage structures, if all of the following apply:
a. The animal weight capacity is not increased for that portion of the animal feeding operation that utilizes all replacement formed manure storage structures.
b. Use of each replaced unformed manure storage structure is discontinued within one year after the construction of the replacement formed manure storage structure.
c. The capacity of all replacement formed manure storage structures does not exceed the amount required to store manure produced by that portion of the animal feeding operation utilizing the formed manure storage structures during any fourteen-month period.
d. No portion of the replacement formed manure storage structure is closer to an object or location for which separation is required under section 455B.162 than any other animal feeding operation structure which is part of the operation.
95 Acts, ch 195, §17; 98 Acts, ch 1209, § 18, 53
Referred to in §455B.162
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