This text of Iowa § 459A.401 (Open feedlot effluent control methods) 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.
An open feedlot operation shall provide for the management of open feedlot effluent by
using an open feedlot effluent control method as follows:
1.All settleable solids from open feedlot effluent shall be removed prior to discharge into
a water of the state.
a.The settleable solids shall be removed by use of a solids settling facility. The
construction of a solids settling facility is not required where existing site conditions provide
for removal of settleable solids prior to discharge into a water of the state.
b.The removal of settleable solids shall be deemed to have occurred when the velocity of
flow of the open feedlot effluent has been reduced to less than point five feet per second for a
minimumoffiveminutes. Asolidssettlingfacilityshallhavesufficientcapacitytostoresettled
solid
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An open feedlot operation shall provide for the management of open feedlot effluent by
using an open feedlot effluent control method as follows:
1. All settleable solids from open feedlot effluent shall be removed prior to discharge into
a water of the state.
a. The settleable solids shall be removed by use of a solids settling facility. The
construction of a solids settling facility is not required where existing site conditions provide
for removal of settleable solids prior to discharge into a water of the state.
b. The removal of settleable solids shall be deemed to have occurred when the velocity of
flow of the open feedlot effluent has been reduced to less than point five feet per second for a
minimumoffiveminutes. Asolidssettlingfacilityshallhavesufficientcapacitytostoresettled
solids between periods of land application and to provide required flow-velocity reduction for
open feedlot effluent flow volumes resulting from a precipitation event of less intensity than
a ten-year, one-hour frequency event. A solids settling facility which receives open feedlot
effluent shall provide a minimum of one square foot of surface area for each eight cubic feet
of open feedlot effluent per hour resulting from a ten-year, one-hour frequency precipitation
event.
2. Notwithstanding subsection 1, an open feedlot operation that is a concentrated animal
feeding operation shall comply with applicable NPDES permit requirements as provided
in the federal Water Pollution Control Act, pursuant to rules that shall be adopted by the
commission. Any rules adopted pursuant to this subsection shall be no more stringent than
requirements under the federal Act.
3. If the open feedlot operation is designed, constructed, and operated in accordance with
the requirements of an open feedlot effluent control system as provided in rules adopted by
the commission, the operation shall be deemed to be in compliance with this section, unless
a discharge from the operation causes a violation of state water quality standards as provided
in chapter 455B, subchapter III.
4. Thefollowingshallapplytoanopenfeedlotoperationwhichhasananimalunitcapacity
of one thousand animal units or more:
a. (1) The open feedlot operation shall not discharge open feedlot effluent from an open
feedlot operation structure into any waters of the United States, unless the discharge is
pursuant to an NPDES permit.
(2) The open feedlot operation shall not be required to be issued an NPDES permit if the
operation does not discharge open feedlot effluent into any waters of the United States.
b. The control of open feedlot effluent originating from the open feedlot operation may
be accomplished by the use of a solids settling facility, settled open feedlot effluent basin,
alternative technology system, or any other open feedlot effluent control structure or practice
approved by the department. The department may require the diversion of surface drainage
prior to contact with an open feedlot operation structure. Solids shall be settled from open
feedlot effluent before the effluent enters a settled open feedlot effluent basin or alternative
technology system.