1. a. An animal truck wash effluent structure shall not be constructed or expanded within one thousand two hundred fifty feet from a residence not owned by the titleholder of the animal truck wash facility, a commercial enterprise, a bona fide religious institution, an educational institution, or a public use area, as those terms are defined in section 459.102, and as provided in rules adopted by the commission pursuant to sections 459.103 and 459A.104.

 b. An animal truck wash effluent structure shall not be constructed or expanded within one hundred feet from a public thoroughfare as defined in section 459.102.
 c. Paragraph “a” does not apply if a residence, educational institution, commercial enterprise, or bona fide religious institution was constructed or expanded, or if the boundaries of the public use area were expanded, after the date that the animal truck wash facility was established. The date the animal truck wash facility was established is the date on which the animal truck wash facility commenced operating. A change in ownership or expansion of the animal truck wash facility shall not change the established date of operation.
 d. Paragraph “a” or “b” does not apply if the titleholder of the land benefiting from the separation distance requirement, including a person so authorized by the titleholder, executes a written waiver with the titleholder of the land where the animal truck wash effluent structure is located. The structure shall be constructed or expanded under such terms and conditions that the parties negotiate. The state or a political subdivision constructing or maintaining the public thoroughfare benefiting from the separation distance requirement may execute a written waiver with the titleholder of the land where the structure is located. The animal truck wash effluent structure shall be constructed or expanded under such terms and conditions that the parties negotiate.
 e. Paragraph “a” or “b” does not apply to a small animal truck wash facility.
 f. An unformed animal truck wash effluent structure shall not be constructed or expanded within the following minimum separation distances from any of the following:

 (1) One thousand feet from a public shallow well.
 (2) Four hundred feet from a public deep well.
 (3) Four hundred feet from a private well.
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Terms Used In Iowa Code 459A.404

  • Animal: means the same as defined in section 459. See Iowa Code 459A.102
  • Animal truck wash effluent: means a combination of manure, washwater-induced runoff, or other runoff derived from an animal truck wash facility, which may include solids. See Iowa Code 459A.102
  • Animal truck wash effluent structure: means an impoundment which is part of an animal truck wash facility, if the primary function of the impoundment is to collect and store animal truck wash effluent. See Iowa Code 459A.102
  • Animal truck wash facility: means an operation engaged in washing single-unit trucks, truck-tractors, semitrailers, or trailers used to transport animals. See Iowa Code 459A.102
  • Animal unit: means the same as defined in section 459. See Iowa Code 459A.102
  • Commission: means the natural resource commission. See Iowa Code 462A.2
  • Commission: means the environmental protection commission created pursuant to section 455A. See Iowa Code 459A.102
  • Confinement feeding operation: means the same as defined in section 459. See Iowa Code 459A.102
  • Effluent: means open feedlot effluent or animal truck wash effluent. See Iowa Code 459A.102
  • Farm pond: means a body of water wholly on the lands of a single owner, or a group of joint owners, which does not have any connection with any public waters and which is less than ten surface acres. See Iowa Code 462A.2
  • 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 animal truck wash effluent structure: means a covered or uncovered impoundment used to store effluent from an animal truck wash facility, which has walls and a floor constructed of concrete, concrete block, wood, steel, or similar materials. See Iowa Code 459A.102
  • Karst terrain: means the same as defined in section 459. See Iowa Code 459A.102
  • Manure storage structure: means the same as defined in section 459. See Iowa Code 459A.102
  • operation: 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. See Iowa Code 459A.102
  • Person: means an individual, partnership, firm, corporation, or association. See Iowa Code 462A.2
  • Privately owned lake: means any lake, located within the boundaries of this state and not subject to federal control covering navigation owned by an individual, group of individuals, or a nonprofit corporation and which is not open to the use of the general public but is used exclusively by the owners and their personal guests. See Iowa Code 462A.2
  • Small animal truck wash facility: means an animal truck wash facility, if all of the following apply:
     a. See Iowa Code 459A.102
  • state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
  • Structure: means any of the following:
     a. See Iowa Code 459A.102
  • Unformed animal truck wash effluent structure: means a covered or uncovered impoundment used to store animal truck wash effluent, other than a formed animal truck wash effluent structure. See Iowa Code 459A.102
  • Use: means to operate, navigate, or employ a vessel. See Iowa Code 462A.2
  • year: means twelve consecutive months. See Iowa Code 4.1
 2. a. Any separation distance required for a confinement feeding operation structure and a location or object specified in section 459.310, subsection 1, shall also apply to an animal truck wash effluent structure and that same location or object.

 b. Any requirement, qualification, or exception that applies to a separation distance required for a confinement feeding operation structure and a location or object specified in section 459.310, subsections 1 and 3, shall also apply to the separation distance required for an animal truck wash effluent structure and that same location or object. A separation distance requirement shall not apply to any of the following:

 (1) An animal truck wash effluent structure and a farm pond or privately owned lake, as defined in section 462A.2.
 (2) An animal truck wash effluent structure constructed with a secondary containment barrier in accordance with rules adopted by the commission. The rules shall correspond to rules adopted pursuant to section 459.310, subsection 3.
 3. a. An animal truck wash effluent structure shall not be constructed or expanded on land that is part of a one hundred year floodplain as designated by rules adopted by the commission pursuant to section 459A.104. The rules shall correspond to rules adopted pursuant to section 459.310, subsections 2 and 4.

 b. For purposes of section 459.310, subsection 4, the provisions relating to an unformed manure storage structure shall apply to an unformed animal truck wash effluent structure and the provisions relating to a formed manure storage structure shall apply to a formed animal truck wash effluent structure. However, the requirement in section 459.310, subsection 4, paragraph “a”, relating to animal weight capacity or animal unit capacity shall not apply to the replacement of an unformed animal truck wash effluent structure with a formed animal truck wash effluent structure. In addition, the capacity of a replacement animal truck wash effluent structure shall not exceed the amount required to store animal truck wash effluent for any eighteen-month period.
 4. A person shall not construct or expand an unformed animal truck wash effluent structure within an agricultural drainage well area as provided in section 460.205.
 5. A person shall not construct an unformed animal truck wash effluent structure on karst terrain or on an area that drains into a known sinkhole. However, a person may construct an animal truck wash effluent structure if there is a twenty-five foot vertical separation distance between the bottom of the structure and underlying limestone, dolomite, or other soluble rock as documented in the engineering report submitted to the department pursuant to section 459A.205.
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