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
educationalinstitution, orapublicusearea, asthosetermsaredefinedinsection459.102, 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 publ
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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
educationalinstitution, orapublicusearea, asthosetermsaredefinedinsection459.102, 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
expansionoftheanimaltruckwashfacilityshallnotchangetheestablisheddateofoperation.
d. Paragraph “a” or “b” does not apply if the titleholder of the land benefiting from the
separationdistancerequirement,includingapersonsoauthorizedbythetitleholder,executes
awrittenwaiverwiththetitleholderofthelandwheretheanimaltruckwasheffluentstructure
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
writtenwaiverwiththetitleholderofthelandwherethestructureislocated. Theanimaltruck
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.
2. a. Any separation distance required for a confinement feeding operation structure and
17 OPEN FEEDLOT OPERATIONS AND ANIMAL TRUCK WASH FACILITIES, §459A.410
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
manurestoragestructureshallapplytoanunformedanimaltruckwasheffluentstructureand
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
betweenthebottomofthestructureandunderlyinglimestone,dolomite,orothersolublerock
as documented in the engineering report submitted to the department pursuant to section
459A.205.