1. The following persons shall submit a manure management plan to the department:
a. The owner of a confinement feeding operation, other than a small animal feeding operation, if the animal feeding operation was constructed after May 31, 1985, regardless of whether the confinement feeding operation was required to be constructed pursuant to a construction permit approved by rules adopted by the department.
b. The owner of a confinement feeding operation, if the confinement feeding operation is required to be constructed pursuant to a permit issued by the department pursuant to section 455B.200A.
c. A person who applies manure from a confinement feeding operation, other than a small animal feeding operation, which is located in another state, if the manure is applied on land located in this state.
2. A person shall not remove manure from a manure storage structure which is part of a confinement feeding operation for which a manure management plan is required under this section, unless the department approves a manure management plan submitted by the owner of the confinement feeding operation as provided by the department on forms prescribed by the department. The department may adopt rules allowing a person to remove manure from a manure storage structure until the manure management plan is approved or disapproved by the department according to terms and conditions required by rules adopted by the department. The department shall approve or disapprove a manure management plan within sixty days of the date that the department receives a completed plan. The department shall not issue a permit for the construction of a confinement feeding operation or a related animal feeding operation structure unless the applicant submits a manure management plan together with an application as provided in section 455B.200A.
3. A manure management plan shall include all of the following:
a. Calculations necessary to determine the land area required for the application of manure from a confinement feeding operation based on nitrogen use levels in order to obtain optimum crop yields according to a crop schedule specified in the plan, and according to requirements adopted by the department after receiving recommendations from the animal agriculture consulting organization provided for in 1995 Iowa Acts, chapter 195, section 37.*
b. Manure nutrient levels as determined by either manure testing or accepted standard manure nutrient values.
c. Manure application methods, timing of manure application, and the location of the manure application.
d. If the location of the application is on land other than land owned by the person applying for the construction permit, the plan shall include a copy of each written agreement executed between the person and the landowner where the manure will be applied.
e. An estimate of the annual animal production and manure volume or weight produced by the confinement feeding operation.
f. Methods, structures, or practices to prevent or diminish soil loss and potential surface water pollution.
g. Methods or practices to minimize potential odors caused by the application of manure by the use of spray irrigation equipment.
4. A person classified as a habitual violator or a confinement feeding operation in which a habitual violator owns a controlling interest, as provided in section 455B.191, shall submit a manure management plan to the department on an annual basis, which must be approved by the department for the following year of operation.
5. A person required to submit a manure management plan to the department shall maintain a current manure management plan and maintain records sufficient to demonstrate compliance with the manure management plan. 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 person receiving the permit.
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.
6. The department may inspect the confinement feeding operation at any time during normal working hours, and may inspect records required to be maintained as part of the manure management plan. The department shall regularly inspect a confinement feeding operation if the operation or a person holding a controlling interest in the operation is classified as a habitual violator pursuant to section 455B.191. The department shall assess and the confinement feeding operation shall pay the actual costs of the inspection.
7. A person submitting a manure management plan 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 section 455B.191.
95 Acts, ch 195, §25; 98 Acts, ch 1209, §30-32, 53
Referred to in §455B.191, 455B.200A, 455J.4
*1995 Iowa Acts, chapter 195, section 37, was amended by 98 Acts, ch 1209, §40
Animal agriculture consulting organization authorization is repealed March 31, 2005; see 95 Acts, ch 195, §37; 98 Acts, ch 1209, §40
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