This text of Iowa § 459.207 (Animal feeding operations — airborne pollutants control) is published on Counsel Stack Legal Research, covering Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
1.As used in this section, unless the context otherwise requires:
a.“Airborne pollutant” means hydrogen sulfide, ammonia, or odor.
b.“Separated location” means a location or object from which a separation distance is
required under section 459.202 or 459.204, other than a public thoroughfare.
2.The department shall conduct a comprehensive field study to monitor the level of
airborne pollutants emitted from animal feeding operations in this state, including but not
limited to each type of confinement feeding operation structure.
3.
a.After the completion of the field study, the department may develop comprehensive
plans and programs for the abatement, control, and prevention of airborne pollutants
originating from animal feeding operations in accordance with this section. The
comprehen
Free access — add to your briefcase to read the full text and ask questions with AI
1. As used in this section, unless the context otherwise requires:
a. “Airborne pollutant” means hydrogen sulfide, ammonia, or odor.
b. “Separated location” means a location or object from which a separation distance is
required under section 459.202 or 459.204, other than a public thoroughfare.
2. The department shall conduct a comprehensive field study to monitor the level of
airborne pollutants emitted from animal feeding operations in this state, including but not
limited to each type of confinement feeding operation structure.
3. a. After the completion of the field study, the department may develop comprehensive
plans and programs for the abatement, control, and prevention of airborne pollutants
originating from animal feeding operations in accordance with this section. The
comprehensive plans and programs may be developed if the baseline data from the field
study demonstrates to a reasonable degree of scientific certainty that airborne pollutants
emitted by an animal feeding operation are present at a separated location at levels
commonly known to cause a material and verifiable adverse health effect. The department
may adopt any comprehensive plans or programs in accordance with chapter 17A prior to
implementation or enforcement of an air quality standard but in no event shall the plans and
programs provide for the enforcement of an air quality standard prior to December 1, 2004.
b. Any air quality standard established by the department for animal feeding operations
shall be based on and enforced at distances measured from a confinement feeding operation
structure to a separated location. In providing for the enforcement of the standards, the
department shall take all initial measurements at the separated location. If the department
determines that a violation of the standards exists, the department may conduct an
investigation to trace the source of the airborne pollutant. This section does not prohibit the
department from entering the premises of an animal feeding operation in compliance with
section 455B.103. The department shall comply with standard biosecurity requirements
customarily required by the animal feeding operation which are necessary in order to control
the spread of disease among an animal population.
c. The department shall establish recommended best management practices,
mechanisms, processes, or infrastructure under the comprehensive plans and programs in
order to reduce the airborne pollutants emitted from an animal feeding operation.
d. The department shall provide a procedure for the approval and monitoring of
alternative or experimental practices, mechanisms, processes, or infrastructure to reduce the
airborne pollutants emitted from an animal feeding operation, which may be incorporated
as part of the comprehensive plans and programs developed under this section.