459.102 - DEFINITIONS.

        459.102  DEFINITIONS.         As used in this chapter, unless the context otherwise requires:         1.  "Aerobic structure" means an animal feeding operation      structure other than an egg washwater storage structure which employs      bacterial action which is maintained by the utilization of air or      oxygen and which includes aeration equipment.         2.  "Anaerobic lagoon" means an unformed manure storage      structure, if the primary function of the structure is to store and      stabilize manure, the structure is designed to receive manure on a      regular basis, and the structure's design waste loading rates provide      that the predominant biological activity is anaerobic.  An anaerobic      lagoon does not include any of the following:         a.  A settled open feedlot effluent basin as defined in      section 459A.102.         b.  An anaerobic treatment system that includes collection and      treatment facilities for all off gases.         3.  "Animal" means a species classified as cattle, swine,      horses, sheep, chickens, or turkeys.         4.  "Animal feeding operation" means a lot, yard, corral,      building, or other area in which animals are confined and fed and      maintained for forty-five days or more in any twelve-month period,      and all structures used for the storage of manure from animals in the      operation.  Except as required for a national pollutant discharge      elimination system permit required pursuant to the federal Water      Pollution Control Act, 33 U.S.C. ch. 26, as amended, an animal      feeding operation does not include a livestock market.         5.  "Animal feeding operation structure" means a confinement      building, manure storage structure, dry bedded confinement feeding      operation structure as defined in section 459B.102, or egg washwater      storage structure.         6.  "Animal unit" means a unit of measurement based upon the      product of multiplying the number of animals of each category by a      special equivalency factor as follows:                  a.  Slaughter or feeder cattle ....................   1.000                  b.  Immature dairy cattle ....................   1.000                  c.  Mature dairy cattle ....................   1.400                  d.  Butcher or breeding swine weighing               more than fifty-five pounds ....................   0.400                  e.  Swine weighing fifteen pounds or more               but not more than fifty-five pounds ....................   0.100                  f.  Sheep or lambs ....................   0.100                  g.  Horses .................... 2.000                  h.  Turkeys weighing one hundred twelve               ounces or more ....................    0.018                  i.  Turkeys weighing less than one hundred               twelve ounces ....................     0.0085                  j.  Chickens weighing forty-eight ounces or               more ....................              0.010                  k.  Chickens weighing less than forty-eight               ounces ....................            0.0025         7.  "Animal unit capacity" means a measurement used to      determine the maximum number of animal units that may be maintained      as part of an animal feeding operation at any one time, including as      provided in sections 459.201 and 459.301.         8.  "Animal weight capacity" means the product of multiplying      the maximum number of animals which the owner or operator confines in      an animal feeding operation at any one time by the average weight      during a production cycle.         9.  "Cemetery" means a space held for the purpose of permanent      burial, entombment, or interment of human remains that is owned or      managed by a political subdivision or private entity, or a cemetery      regulated pursuant to chapter 523I.  However, "cemetery" does not      include a pioneer cemetery as defined in section 331.325.         10.  "Commercial enterprise" means a building which is used as      a part of a business that manufactures goods, delivers services, or      sells goods or services, which is customarily and regularly used by      the general public during the entire calendar year and which is      connected to electric, water, and sewer systems.  A commercial      enterprise does not include a farm operation.         11.  "Commercial manure service" means a sole proprietor or      business association as defined in section 202B.102, engaged in the      business of transporting, handling, storing, or applying manure for a      fee.         12.  "Commercial manure service representative" means a      natural person who is any of the following:         a.  A manager of a commercial manure service.  As used in this      paragraph a "manager" is a person who is actively involved in the      operation of a commercial manure service and takes an important part      in making management decisions substantially contributing to or      affecting the success of the commercial manure service.         b.  An employee, agent, or contractor of a commercial manure      service, if the person is engaged in transporting, handling, storing,      or applying manure on behalf of the commercial manure service.         13.  "Commission" means the environmental protection      commission created pursuant to section 455A.6.         14.  "Confinement feeding operation" means an animal feeding      operation in which animals are confined to areas which are totally      roofed.         15.  "Confinement feeding operation building" or      "confinement building" means a building used in conjunction with      a confinement feeding operation to house animals.         16.  "Confinement feeding operation structure" means an animal      feeding operation structure that is part of a confinement feeding      operation.         17.  "Confinement site manure applicator" means a person,      other than a commercial manure service or a commercial manure service      representative, who applies manure on land if the manure originates      from a manure storage structure.         18.  "Covered" means organic or inorganic material placed upon      an animal feeding operation structure used to store manure as      provided by rules adopted by the department after receiving      recommendations which shall be submitted to the department by the      college of agriculture and life sciences at Iowa state university of      science and technology.         19.  "Critical public area" means land as designated by the      department pursuant to rules adopted pursuant to chapter 17A, if all      of the following apply:         a.  The land is part of a public park, preserve, or recreation      area that is owned or managed by the federal government; by the      department, including under chapter 461A or 465C; or by a political      subdivision.         b.  The land has a unique scenic, cultural, archaeological,      scientific, or historic significance or contains a rare or valuable      ecological system.         20.  "Department" means the department of natural resources      created pursuant to section 455A.2.         21.  "Designated area" means a known sinkhole, a cistern, an      abandoned well, an unplugged agricultural drainage well, an      agricultural drainage well surface inlet, a drinking water well, a      designated wetland, or a water source.  However, "designated      area" does not include a terrace tile inlet or a surface tile inlet      other than an agricultural drainage well surface tile inlet.         22.  "Designated wetland" means land designated as a protected      wetland by the United States department of the interior or the      department of natural resources, including but not limited to a      protected wetland as defined in section 456B.1, if the land is owned      and managed by the federal government or the department of natural      resources.  However, a designated wetland does not include land where      an agricultural drainage well has been plugged causing a temporary      wetland or land within a drainage district or levee district.         23.  "Director" means the director of the department of      natural resources.         24.  "Document" means any form required to be processed by the      department under this chapter regulating animal feeding operations,      including but not limited to applications or related materials for      permits as provided in section 459.303, manure management plans as      provided in section 459.312, comment or evaluation by a county board      of supervisors considering an application for a construction permit,      the department's analysis of the application including using and      responding to a master matrix pursuant to section 459.304, and      notices required under those sections.         25.  "Dry manure" means manure which meets all of the      following conditions:         a.  The manure does not flow perceptibly under pressure.         b.  The manure is not capable of being transported through a      mechanical pumping device designed to move a liquid.         c.  The constituent molecules of the manure do not flow freely      among themselves but may show a tendency to separate under stress.         26.  "Earthen manure storage basin" means an earthen cavity,      either covered or uncovered, which, on a regular basis, receives      waste discharges from a confinement feeding operation if accumulated      wastes from the basin are completely removed at least once each year.         27.  "Educational institution" means a building in which an      organized course of study or training is offered to students enrolled      in kindergarten through grade twelve and served by local school      districts, accredited or approved nonpublic schools, area education      agencies, community colleges, institutions of higher education under      the control of the state board of regents, and accredited independent      colleges and universities.         28.  "Egg washwater storage structure" means an aerobic or      anaerobic structure used to store the wastewater resulting from the      washing and in-shell packaging of eggs.         29.  "Family member" means a person related to another person      as parent, grandparent, child, grandchild, sibling, or a spouse of      such a related person.         30.  "Formed manure storage structure" means a covered or      uncovered impoundment used to store manure from an animal feeding      operation, which has walls and a floor constructed of concrete,      concrete block, wood, steel, or similar materials.         31.  "Frozen ground" means soil that is impenetrable due to      frozen soil moisture but does not include soil that is only frozen to      a depth of two inches or less.         32.  "High-quality water resource" means that part of a water      source or wetland that the department has designated as any of the      following:         a.  A high-quality water (Class "HQ") or a high-quality      resource water (Class "HQR") according to 567 IAC ch. 61, in effect      on January 1, 2001.         b.  A protected water area system, according to a state plan      adopted by the department in effect on January 1, 2001.         33.  "Indemnity fee" means a fee provided in section 459.502      or 459.503.         34.  "Karst terrain" means land having karst formations that      exhibit surface and subterranean features of a type produced by the      dissolution of limestone, dolomite, or other soluble rock and      characterized by closed depressions, sinkholes, or caves.         35.  "Liquid manure" means manure that meets all of the      following requirements:         a.  It flows perceptibly under pressure.         b.  It is capable of being transported through a mechanical      pumping device designated to move a liquid.         c.  Its constituent molecules flow freely among themselves and      show the tendency to separate under stress.         36.  "Livestock market" means any place where animals are      assembled from two or more sources for public auction, private sale,      or on a commission basis, which is under state or federal      supervision, including a livestock sale barn or auction market, if      such animals are kept for ten days or less.         37.  "Long-term stockpile location" means an area where a      person stockpiles manure for more than six months in any two-year      period.         38.  "Major water source" means a water source that is a lake,      reservoir, river, or stream located within the territorial limits of      the state, or any marginal river area adjacent to the state, if the      water source is capable of supporting a floating vessel capable of      carrying one or more persons during a total of a six-month period in      one out of ten years, excluding periods of flooding, which has been      identified by rules adopted by the commission.         39.  "Manure" means animal excreta or other commonly      associated wastes of animals, including but not limited to bedding,      litter, or feed losses.         40.  "Manure storage structure" means a formed manure storage      structure or an unformed manure storage structure.         a.  A manure storage structure includes a dry bedded manure      storage structure as defined in section 459B.102.         b.  A manure storage structure does not include an egg      washwater storage structure.         41.  "One hundred year floodplain" means the land adjacent to      a major water source, if there is at least a one percent chance that      the land will be inundated in any one year, according to calculations      adopted by rules adopted pursuant to section 459.103.  In making the      calculations, the department shall consider available maps or data      compiled by the federal emergency management agency.         42.  "Permittee" means a person who, pursuant to section      459.303, obtains a permit for the construction of a manure storage      structure, or a confinement feeding operation, if a manure storage      structure is connected to the confinement feeding operation.         43.  "Professional engineer" means a person engaged in the      practice of engineering as defined in section 542B.2 who is issued a      certificate of licensure as a professional engineer pursuant to      section 542B.17.         44.  "Public thoroughfare" means a road, street, or bridge      that is constructed or maintained by the state or a political      subdivision.         45.  "Public use area" means any of the following:         a.  A portion of land owned by the United States, the state,      or a political subdivision with facilities which attract the public      to congregate and remain in the area for significant periods of time,      as provided by rules which shall be adopted by the department      pursuant to chapter 17A.         b.  A cemetery.         46.  "Qualified confinement feeding operation" means a      confinement feeding operation having an animal unit capacity of any      of the following:         a.  For a confinement feeding operation maintaining animals      other than swine as part of a farrowing and gestating operation or      farrow-to-finish operation or cattle as part of a cattle operation,      five thousand three hundred thirty-three or more animal units.         b.  For a confinement feeding operation maintaining swine as      part of a farrowing and gestating operation, two thousand five      hundred or more animal units.         c.  For a confinement feeding operation maintaining swine as      part of a swine farrow-to-finish operation, five thousand four      hundred or more animal units.         d.  For a confinement feeding operation maintaining cattle,      eight thousand five hundred or more animal units.         47.  "Qualified stockpile cover" means a barrier impermeable      to precipitation that is used to protect a stockpile from      precipitation.         48.  "Qualified stockpile structure" means any of the      following:         a.  A building.         b.  A roofed structure other than a building that is all of      the following:         (1)  Impermeable to precipitation.         (2)  Constructed using wood, steel, aluminum, vinyl, plastic, or      other similar materials.         (3)  Constructed with walls or other means to prevent      precipitation-induced surface runoff from contacting the stockpile.         49.  "Religious institution" means a building in which an      active congregation is devoted to worship.         50.  "Restricted spray irrigation equipment" means spray      irrigation equipment which disperses manure through an orifice at a      maximum pressure of eighty pounds per square inch or more.         51.  "Small animal feeding operation" means an animal feeding      operation which has an animal unit capacity of five hundred or fewer      animal units.         52.  "Snow covered ground" means soil covered by one inch or      more of snow or soil covered by one-half inch or more of ice.         53.  "Spray irrigation equipment" means mechanical equipment      used for the aerial application of manure, if the equipment receives      manure from a manure storage structure during application via a pipe      or hose connected to the structure, and includes a type of equipment      customarily used for the aerial application of water to aid the      growing of general farm crops.         54.  "Stockpile" means dry manure originating from a      confinement feeding operation that is stored at a particular location      outside a manure storage structure.         55.  "Stockpile dry manure"  means to create or add to a      stockpile.         56.  "Surface water drain tile intake" means an opening to a      drain tile which allows surface water to enter the drain tile without      filtration through the soil profile.         57.  "Swine farrow-to-finish operation" means a confinement      feeding operation in which porcine are produced and in which a      primary portion of the phases of the production cycle are conducted      at one confinement feeding operation.  Phases of the production cycle      include but are not limited to gestation, farrowing, growing, and      finishing.         58.  "Unformed manure storage structure" means a covered or      uncovered impoundment used to store manure, other than a formed      manure storage structure, which includes an anaerobic lagoon, aerobic      structure, or earthen manure storage basin.         59.  "Water of the state" means the same as defined in section      455B.171.         60.  "Water source" means a lake, river, reservoir, creek,      stream, ditch, or other body of water or channel having definite      banks and a bed with water flow, except lakes or ponds without outlet      to which only one landowner is riparian.  
         Section History: Recent Form
         95 Acts, ch 195, §15         CS95, §455B.161         98 Acts, ch 1209, § 12, 13, 53; 2002 Acts, ch 1137, §7, 8, 32, 68,      71; 2002 Acts, ch 1138, §1--3, 5; 2002 Acts, 2nd Ex, ch 1003, §248,      260, 262         C2003, §459.102         2003 Acts, ch 44, §71, 72; 2003 Acts, ch 52, §1, 6; 2003 Acts, ch      108, §82; 2003 Acts, ch 138, §1, 2; 2003 Acts, ch 163, §1, 2, 23;      2004 Acts, ch 1086, §77; 2005 Acts, ch 136, §34, 35; 2008 Acts, ch      1032, §59; 2008 Acts, ch 1191, §143, 147, 148; 2009 Acts, ch 38, §1,      16; 2009 Acts, ch 155, §1, 32, 34         Referred to in § 165B.1, 202.1, 202C.1, 331.304A, 455B.171,      455H.107, 459A.102, 459A.103, 459B.102, 579B.1, 654C.1, 657.11