This text of Iowa § 459.308 (Unformed manure storage structures — construction standards — inspections) 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.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.Theconstructiondesignstandardsforunformedmanurestoragestructuresestablished
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.Thestructureshallbeconstructedtominimizeseepag
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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. Theconstructiondesignstandardsforunformedmanurestoragestructuresestablished
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. Thestructureshallbeconstructedtominimizeseepageintonear-surfacewatersources.
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.