459.308  Unformed manure storage structures — construction standards — inspections.
  1.  The department shall adopt rules requiring construction design standards for unformed manure storage structures required to be constructed pursuant to a construction permit issued pursuant to section 459.303.
  2.  The construction design standards for unformed manure storage structures established by the department shall account for special design characteristics of confinement feeding operations, including all of the following:
  a.  The lining of the structure shall be constructed with materials deemed suitable by the department in order to minimize seepage loss through the lining’s seal.
  b.  The structure shall be constructed with materials deemed suitable by the department in order to control erosion on the structure’s berm, side slopes, and base.
  c.  The structure shall be constructed to minimize seepage into near-surface water sources.
  d.  The top of the floor of the structure’s liner must be above the groundwater table as determined by the department. If the groundwater table is less than two feet below the top of the liner’s floor, the structure shall be installed with a synthetic liner. If the department allows an unformed manure storage structure to be located at a site by permanently lowering the groundwater table, the department shall confirm that the proposed system meets standards necessary to ensure that the structure does not pollute groundwater sources. If the department allows drain tile installed to lower a groundwater table to remain where located, the department shall require that a device be installed to allow monitoring of the water in the drain tile line. The department shall also require the installation of a device 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 structure is located.
  3.  A person shall not construct an unformed manure storage structure on karst terrain or on an area that drains into a known sinkhole. However, a person may construct an unformed manure storage structure, if there is a twenty-five-foot vertical separation distance between the bottom of the unformed manure storage structure and underlying limestone, dolomite, or other soluble rock.
  4.  a.  The department shall conduct a routine inspection of each unformed manure storage structure at least once each year. A routine inspection conducted pursuant to this subsection shall be limited to a visual inspection of the site where the unformed manure storage structure is located. The department shall inspect the site at a reasonable time after providing at least twenty-four hours’ notice to the person owning or managing the confinement feeding operation. The visual inspection shall include, but not be limited to, determining whether any of the following exists:
  (1)  An adequate freeboard level.
  (2)  The seepage of manure from the unformed manure storage structure.
  (3)  Erosion.
  (4)  Inadequate vegetation cover.
  (5)  The presence of an opening allowing manure to drain from the unformed manure storage structure.
  b.  Nothing in this subsection restricts the department from conducting an inspection of a confinement feeding operation which is not routine.
98 Acts, ch 1209, §36
C99, §455B.205
2002 Acts, ch 1137, §47 – 49, 67, 68, 71; 2002 Acts, 2nd Ex, ch 1003, §259 – 261
C2003, §459.308
2003 Acts, ch 84, §2, 6