§ 459.312 — Manure management plan — requirements

Iowa § 459.312

• Jurisdiction: Iowa
• Title XI: NATURAL RESOURCES
• Ch. 459: ANIMAL AGRICULTURE COMPLIANCE ACT

Text

1. The following persons shall submit a manure management plan, including an original
manure management plan and an updated manure management plan, as required in this
section to the department:
a. The owner of a confinement feeding operation, other than a small animal feeding
operation, if any of the following apply:
(1) The confinement feeding operation was constructed after May 31, 1985, regardless of
whethertheconfinementfeedingoperationstructurewasrequiredtobeconstructedpursuant
to a construction permit.
(2) The owner constructs a manure storage structure, regardless of whether the person
is required to be issued a permit for the construction pursuant to section 459.303 or whether
the person has submitted a prior manure management plan.
b. Apersonwhoappliesmanurefromaconfinementfeedingoperation, otherthanasmall
animal feeding operation, which is located in another state, if the manure is applied on land
located in this state.
2. Not more than one confinement feeding operation shall be covered by a single manure
management plan.
3. The owner of a confinement feeding operation who is required to submit a manure
management plan under this section shall submit an updated manure management plan
to the department on an annual basis. The department shall provide for a date that each
updated manure management plan is required to be submitted to the department. The
department may provide for staggering the dates on which updated manure management
plans are due. To satisfy the requirements of an updated manure management plan, an
owner of a confinement feeding operation may, in lieu of submitting a complete plan, file
a document stating that the manure management plan has not changed, or state all of the
changes made since the original manure management plan or a previous updated manure
management plan was submitted and approved.
4. a. The department shall deliver a copy of the manure management plan or require the
personsubmittingthemanuremanagementplantodeliveracopyofthemanuremanagement
plan to all of the following:
(1) The county board of supervisors in the county where the manure storage structure
owned by the person is located.
(2) The county board of supervisors in the county where the manure storage structure is
proposedtobeconstructed. Ifthepersonisrequiredtobeissuedapermitfortheconstruction
ofthemanurestoragestructureasprovidedinsection459.303, themanuremanagementplan
shall accompany the application for the construction permit as provided in section 459.303.
(3) The county board of supervisors in the county where the manure is to be applied.
b. The manure management plan shall be filed with the county board of supervisors. The
county auditor or other county officer may accept the manure management plan on behalf of
the board.
5. A person shall not remove manure from a manure storage structure which is part of a
confinement feeding operation for which a manure management plan is required under this
section, unless the department approves a manure management plan, including an original

manure management plan and an updated manure management plan, as required in this
section. The manure management plan shall be submitted by the owner of the confinement
feeding operation as provided by the department in accordance with section 459.302. The
owner of a confinement feeding operation required to submit a manure management plan
for the construction of a manure storage structure may remove manure from another
manure storage structure that is constructed, if the department has approved a manure
management plan covering that manure storage structure. The department may adopt rules
allowing a person to remove manure from a manure storage structure until the manure
management plan is approved or disapproved by the department according to terms and
conditions required by rules adopted by the department.
6. The department shall not approve an original manure management plan unless the
plan is accompanied by a manure management plan filing fee required pursuant to section
459.400. The department shall not approve an updated manure management plan unless the
updated manure management plan is accompanied by an annual compliance fee required
pursuant to section 459.400.
7. a. The department shall not approve an application for a permit to construct a
confinement feeding operation structure unless the owner of the confinement feeding
operation applying for approval submits an original manure management plan together with
the application for the construction permit as provided in section 459.303.
b. The department shall not file a construction design statement as provided in section
459.306 unless the owner of the confinement feeding operation structure submits an original
manure management plan together with the construction design statement. The construction
design statement and manure management plan may be submitted as part of an application
for a construction permit as provided in section 459.303.
8. Amanuremanagementplanmustbeauthenticatedbythepersonrequiredtosubmitthe
manure management plan as required by the department in accordance with section 459.302.
9. The department shall approve or disapprove a manure management plan according to
procedures established by the department:
a. For an original manure management plan submitted due to the construction of a
confinement feeding operation structure, the department shall approve or disapprove the
manure management plan as follows:
(1) If the confinement feeding operation structure is constructed pursuant to a
construction permit issued pursuant to section 459.303, the manure management plan shall
be approved or disapproved as part of the construction permit application.
(2) If the confinement feeding operation structure is not constructed pursuant to a
construction permit issued pursuant to section 459.303, the manure management plan shall
be approved or disapproved within sixty days from the date that the department receives
the manure management plan.
b. For an original manure management plan submitted for a reason other than the
construction of a confinement feeding operation structure, the manure management plan
shall be approved within sixty days from the date that the department receives the manure
management plan.
c. For an updated manure management plan, the manure management plan shall be
approved within thirty days from the date that the department receives the updated manure
management plan.
10. A manure management plan shall include all of the following:
a. Restrictions on the application of manure based on all of the following:
(1) Calculations necessary to determine the land area required for the application of
manure from a confinement feeding operation based on nitrogen use levels in order to obtain
optimum crop yields according to a crop schedule specified in the manure management
plan, and according to requirements adopted by the department.
(2) A phosphorus index. The department shall establish a phosphorus index by rule
in order to determine the manner and timing of the application to a land area of manure
originating from a confinement feeding operation. The phosphorus index shall provide for
the application of manure on a field basis. The phosphorus index shall be used to determine
application rates, based on the number of pounds of phosphorus that may be applied per

acre and application practices. The phosphorus index shall be based on the field office
technical guide for Iowa as published by the United States department of agriculture, natural
resources conservation service, which sets forth nutrient management standards.
b. Manure nutrient levels as determined by either manure testing or accepted standard
manure nutrient values.
c. Manure application methods, timing of manure application, and the location of the
manure application.
d. Ifthelocationoftheapplicationisonlandotherthanlandownedbythepersonapplying
for the construction permit, the plan shall include a copy of each written agreement executed
between the person and the landowner where the manure will be applied.
e. An estimate of the annual animal production and manure volume or weight produced
by the confinement feeding operation.
f. Methods, structures, or practices to prevent or diminish soil loss and potential surface
water pollution.
g. Methods or practices to minimize potential odors caused by the application of manure
by the use of spray irrigation equipment.
h. Adescriptionoflandidentifiedfortheapplicationofliquidmanureduetoanemergency
if allowed pursuant to section 459.313A. The owner must identify the land in the original
manure management plan or in the next updated manure management plan required to be
submitted to the department following the application.
11. A confinement feeding operation classified as a habitual violator as provided in
section 459.604 shall submit a manure management plan to the department on an annual
basis, which must be approved by the department for the following year of operation. The
manure management plan shall be a replacement original manure management plan rather
than a manure management plan update. However, the habitual violator required to submit
a replacement original manure management plan must submit an annual compliance fee in
the same manner as if the habitual violator were submitting an updated manure management
plan.
12. A person required to submit a manure management plan to the department shall
maintain a current manure management plan and maintain records sufficient to demonstrate
compliance with the manure management plan. Chapter 22 shall not apply to the records
which shall be kept confidential by the department and its agents and employees. The
contents of the records are not subject to disclosure except as follows:
a. Upon waiver by the person receiving the permit.
b. In an action or administrative proceeding commenced under this chapter. Any hearing
related to the action or proceeding shall be closed.
c. When required by subpoena or court order.
13. The department may inspect the confinement feeding operation at any time during
normal working hours, and may inspect records required to be maintained as part of the
manure management plan. The department shall regularly inspect a confinement feeding
operation if the operation or a person holding a controlling interest in the operation is
classified as a habitual violator pursuant to section 459.604. The department shall assess
and the confinement feeding operation shall pay the actual costs of the inspection.
14. A person required to authenticate a manure management plan submitted to the
department who is found in violation of the terms and conditions of the plan shall not be
subject to an enforcement action other than the assessment of a civil penalty pursuant to
section 459.603.