Iowa Code 459.306 – Construction design statement — formed manure storage structures
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1. a. Except as provided in paragraph “b”, a person shall not construct a formed manure storage structure, unless the person submits a construction design statement for filing with the department.
b. The following persons are not required to submit a construction design statement with the department:
(1) A person who constructs a formed manure storage structure as part of a small animal feeding operation.
(2) A person who submits a statement approved by a professional engineer certifying that the construction of the formed manure storage structure complies with the construction design standards required in this subchapter, including a person required to submit such a statement as part of an application for a construction permit pursuant to section 459.303.
Terms Used In Iowa Code 459.306
- Animal: means cattle, swine, horses, sheep, chickens, turkeys, or fish. See Iowa Code 459.102
- Confinement feeding operation: means an animal feeding operation in which animals are confined to areas which are totally roofed. See Iowa Code 459.102
- Department: means the department of natural resources. See Iowa Code 462A.2
- Department: means the department of natural resources created pursuant to section 455A. See Iowa Code 459.102
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- 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. See Iowa Code 459.102
- Management plan: means the document that states the goals and objectives of a specific protected water area which has been proposed for designation, the specific description of the area to be protected, land use agreements with property owners, the specific management programming considerations for the area, the in-depth project evaluations, analysis, justifications, and cost estimates, the proposed acquisition of fee title and conservation easements and other agreements, and the specific design and layout of facilities. See Iowa Code 462B.1
- Manure: means animal excreta or other commonly associated wastes of animals, including but not limited to bedding, litter, or feed losses. See Iowa Code 459.102
- Manure storage structure: means a formed manure storage structure or an unformed manure storage structure. See Iowa Code 459.102
- Person: means an individual, partnership, firm, corporation, or association. See Iowa Code 462A.2
- Professional engineer: means a person engaged in the practice of engineering as defined in section 542B. See Iowa Code 459.102
- property: includes personal and real property. See Iowa Code 4.1
2. The construction design statement must include all of the following:
a. A summary description of the type of formed manure storage structure proposed to be constructed, including whether such formed manure storage structure is to be constructed of concrete.
b. (1) If the formed manure storage structure is to be constructed of concrete, a statement by the person responsible for constructing the formed manure storage structure certifying that such person will construct the formed manure storage structure in accordance with the construction design standards required in this subchapter.
(2) If the formed manure storage structure is not to be constructed of concrete, a statement by the person responsible for constructing the formed manure storage structure certifying that such person will construct the formed manure storage structure in accordance with the construction design standards required in this subchapter.
c. If a construction permit is required pursuant to section 459.303 for the construction of three or more confinement feeding operation structures that include a formed manure storage structure, the person responsible for constructing the formed manure storage structure must provide that the construction of the formed manure storage structure will not impede drainage through established drainage tile lines which cross property boundary lines unless measures are taken to reestablish the drainage prior to completion of construction.
d. A manure management plan as required in section 459.312 which may be submitted as part of an application for a construction permit as provided in section 459.303.
3. Unless the construction design statement is part of a construction permit application as provided in section 459.303, the department shall file the construction design statement. Otherwise, the department shall approve or disapprove the construction design statement as part of the construction permit application. The construction design statement shall be considered filed on the date that it is first received by the department. The department may request information from the person submitting the construction design statement if the department determines that it is incorrect or incomplete. Within thirty days after filing the construction design statement, the department shall notify the person that the construction design statement is filed and request any additional information.