As used in this chapter, unless the context otherwise requires:
1. "Aerobic structure" means an animal feeding operation structure other than an egg washwater storage structure which employs bacterial action which is maintained by the utilization of air or oxygen and which includes aeration equipment.
2. "Anaerobic lagoon" means an unformed manure storage structure, if the primary function of the structure is to store and stabilize manure, the structure is designed to receive manure on a regular basis, and the structure's design waste loading rates provide that the predominant biological activity is anaerobic. An anaerobic lagoon does not include any of the following:
a. A settled open feedlot effluent basin that collects and stores only precipitation-induced runoff from an open feedlot.
b. An anaerobic treatment system that includes collection and treatment facilities for all off gases.
3. "Animal" means a species classified as cattle, swine, horses, sheep, chickens, or turkeys.
4. "Animal feeding operation" means a lot, yard, corral, building, or other area in which animals are confined and fed and maintained for forty-five days or more in any twelve-month period, and all structures used for the storage of manure from animals in the operation. An animal feeding operation does not include a livestock market.
5. "Animal feeding operation structure" means a confinement building, manure storage structure, or egg washwater storage structure.
6. "Animal unit" means a unit of measurement based upon the product of multiplying the number of animals of each category by a special equivalency factor as follows:
a. Slaughter or feeder cattle . . . . . . . . . 1.000
b. Immature dairy cattle . . . . . . . . . 1.000
c. Mature dairy cattle . . . . . . . . . 1.400
d. Butcher or breeding swine weighing more than fifty-five pounds . . . . . . . . . 0.400
e. Swine weighing fifteen pounds or more but not more than fifty-five pounds . . . . . . . . . 0.100
f. Sheep or lambs . . . . . . . . . 0.100
g. Horses . . . . . . . . . 2.000
h. Turkeys . . . . . . . . . 0.018
i. Broiler or layer chickens . . . . . . . . . 0.010
7. "Animal unit capacity" means a measurement used to determine the maximum number of animal units that may be maintained as part of an animal feeding operation at any one time, including as provided in sections 459.201 and 459.301.
8. "Animal weight capacity" means the product of multiplying the maximum number of animals which the owner or operator confines in an animal feeding operation at any one time by the average weight during a production cycle.
9. "Cemetery" means a space held for the purpose of permanent burial, entombment, or interment of human remains that is owned or managed by a political subdivision or private entity, or a cemetery regulated pursuant to chapter 523I or 566A. However, "cemetery" does not include a pioneer cemetery as defined in section 331.325.
10. "Commercial enterprise" means a building which is used as a part of a business that manufactures goods, delivers services, or sells goods or services, which is customarily and regularly used by the general public during the entire calendar year and which is connected to electric, water, and sewer systems. A commercial enterprise does not include a farm operation.
11. "Commercial manure applicator" means a person who engages in the business of and charges a fee for applying manure on the land of another person.
12. "Commission" means the environmental protection commission created pursuant to section 455A.6.
13. "Confinement feeding operation" means an animal feeding operation in which animals are confined to areas which are totally roofed.
14. "Confinement feeding operation building" or "confinement building" means a building used in conjunction with a confinement feeding operation to house animals.
15. "Confinement feeding operation structure" means an animal feeding operation structure that is part of a confinement feeding operation.
16. "Covered" means organic or inorganic material placed upon an animal feeding operation structure used to store manure as provided by rules adopted by the department after receiving recommendations which shall be submitted to the department by the college of agriculture at Iowa state university.
17. "Critical public area" means land as designated by the department pursuant to rules adopted pursuant to chapter 17A, if all of the following apply:
a. The land is part of a public park, preserve, or recreation area that is owned or managed by the federal government; by the department, including under chapter 461A or 465C; or by a political subdivision.
b. The land has a unique scenic, cultural, archaeological, scientific, or historic significance or contains a rare or valuable ecological system.
18. Reserved.*
19. "Designated wetland" means land designated as a protected wetland by the United States department of the interior or the department of natural resources, including but not limited to a protected wetland as defined in section 456B.1, if the land is owned and managed by the federal government or the department of natural resources. However, a designated wetland does not include land where an agricultural drainage well has been plugged causing a temporary wetland or land within a drainage district or levee district.
20. "Document" means any form required to be processed by the department under this chapter regulating animal feeding operations, including but not limited to applications or related materials for permits as provided in section 459.303, manure management plans as provided in section 459.312, comment or evaluation by a county board of supervisors considering an application for a construction permit, the department's analysis of the application including using and responding to a master matrix pursuant to section 459.304, and notices required under those sections.
21. "Earthen manure storage basin" means an earthen cavity, either covered or uncovered, which, on a regular basis, receives waste discharges from a confinement feeding operation if accumulated wastes from the basin are completely removed at least once each year.
22. "Educational institution" means a building in which an organized course of study or training is offered to students enrolled in kindergarten through grade twelve and served by local school districts, accredited or approved nonpublic schools, area education agencies, community colleges, institutions of higher education under the control of the state board of regents, and accredited independent colleges and universities.
23. "Egg washwater storage structure" means an aerobic or anaerobic structure used to store the wastewater resulting from the washing and in-shell packaging of eggs.
24. "Formed manure storage structure" means a covered or uncovered impoundment used to store manure from an animal feeding operation, which has walls and a floor constructed of concrete, concrete block, wood, steel, or similar materials.
25. "High-quality water resource" means that part of a water source or wetland that the department has designated as any of the following:
a. A high-quality water (Class "HQ") or a high-quality resource water (Class "HQR") according to 567 IAC ch. 61, in effect on January 1, 2001.
b. A protected water area system, according to a state plan adopted by the department in effect on January 1, 2001.
26. "Indemnity fee" means the fee provided in section 459.502.
27. "Karst terrain" means land having karst formations that exhibit surface and subterranean features of a type produced by the dissolution of limestone, dolomite, or other soluble rock and characterized by closed depressions, sinkholes, or caves.
28. "Livestock market" means any place where animals are assembled from two or more sources for public auction, private sale, or on a commission basis, which is under state or federal supervision, including a livestock sale barn or auction market, if such animals are kept for ten days or less.
29. "Major water source" means a water source that is a lake, reservoir, river, or stream located within the territorial limits of the state, or any marginal river area adjacent to the state, if the water source is capable of supporting a floating vessel capable of carrying one or more persons during a total of a six-month period in one out of ten years, excluding periods of flooding which has been identified by rules adopted by the commission.
30. "Manure" means animal excreta or other commonly associated wastes of animals, including, but not limited to, bedding, litter, or feed losses.
31. "Manure storage structure" means a formed manure storage structure or an unformed manure storage structure. A manure storage structure does not include an egg washwater storage structure.
32. "One hundred year floodplain" means the land adjacent to a major water source, if there is at least a one percent chance that the land will be inundated in any one year, according to calculations adopted by rules adopted pursuant to section 459.103. In making the calculations, the department shall consider available maps or data compiled by the federal emergency management agency.
33. "Open feedlot" means an unroofed or partially roofed animal feeding operation if crop, vegetation, or forage growth or residue cover is not maintained as part of the animal feeding operation during the period that animals are confined in the animal feeding operation.
34. "Permittee" means a person who, pursuant to section 459.303, obtains a permit for the construction of a manure storage structure, or a confinement feeding operation, if a manure storage structure is connected to the confinement feeding operation.
35. "Professional engineer" means a person engaged in the practice of engineering as defined in section 542B.2 who is issued a certificate of licensure as a professional engineer pursuant to section 542B.17.
36. "Public thoroughfare" means a road, street, or bridge that is constructed or maintained by the state or a political subdivision.
37. "Public use area" means any of the following:
a. A portion of land owned by the United States, the state, or a political subdivision with facilities which attract the public to congregate and remain in the area for significant periods of time, as provided by rules which shall be adopted by the department pursuant to chapter 17A.
b. A cemetery.
38. "Qualified confinement feeding operation" means a confinement feeding operation having an animal unit capacity of any of the following:
a. For a confinement feeding operation maintaining animals other than swine as part of a farrowing and gestating operation or farrow-to-finish operation or cattle as part of a cattle operation, five thousand three hundred thirty-three or more animal units.
b. For a confinement feeding operation maintaining swine as part of a farrowing and gestating operation, two thousand five hundred or more animal units.
c. For a confinement feeding operation maintaining swine as part of a swine farrow-to-finish operation, five thousand four hundred or more animal units.
d. For a confinement feeding operation maintaining cattle, eight thousand five hundred or more animal units.
39. "Religious institution" means a building in which an active congregation is devoted to worship.
40. "Restricted spray irrigation equipment" means spray irrigation equipment which disperses manure through an orifice at a rate of eighty pounds per square inch or more.
41. "Settled open feedlot effluent" means a combination of manure, precipitation-induced runoff, or other runoff originating from an open feedlot after its settleable solids have been removed.
42. "Settled open feedlot effluent basin" or "basin" means an impoundment which is part of an open feedlot, if the primary function of the impoundment is to collect and store settled open feedlot effluent.
43. "Small animal feeding operation" means an animal feeding operation which has an animal unit capacity of five hundred or fewer animal units.
44. "Spray irrigation equipment" means mechanical equipment used for the aerial application of manure, if the equipment receives manure from a manure storage structure during application via a pipe or hose connected to the structure, and includes a type of equipment customarily used for the aerial application of water to aid the growing of general farm crops.
45. "Swine farrow-to-finish operation" means a confinement feeding operation in which porcine are produced and in which a primary portion of the phases of the production cycle are conducted at one confinement feeding operation. Phases of the production cycle include, but are not limited to, gestation, farrowing, growing, and finishing.
46. "Unformed manure storage structure" means a covered or uncovered impoundment used to store manure, other than a formed manure storage structure, which includes an anaerobic lagoon, aerobic structure, or earthen manure storage basin.
47. "Water of the state" means the same as defined in section 455B.171.
48. "Water source" means a lake, river, reservoir, creek, stream, ditch, or other body of water or channel having definite banks and a bed with water flow, except lakes or ponds without outlet to which only one landowner is riparian.
95 Acts, ch 195, §15
CS95, §455B.161
98 Acts, ch 1209, § 12, 13, 53; 2002 Acts, ch 1137, §7, 8, 32, 68, 71; 2002 Acts, ch 1138, §1--3, 5; 2002 Acts, 2nd Ex, ch 1003, §248, 260, 262
C2003, §459.102
*Definition of the term "department" probably intended; definition stricken in legislation transferring provisions from former §455J.1 to this section; 2002 Acts, ch 1137, §53, 68, 71; corrective legislation is pending
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