266.49 - LIVESTOCK ODOR MITIGATION EVALUATION EFFORT.
266.49 LIVESTOCK ODOR MITIGATION EVALUATION EFFORT.
1. If funding is available, Iowa state university shall provide
for a livestock odor mitigation evaluation effort as provided in
section 266.42. The effort shall accomplish all of the following
objectives:
a. Ensure ease of its use and timeliness in producing
results, including reports and the issuance of a livestock odor
mitigation certificate as provided in this section.
b. Ensure a cost-effective process of evaluation.
c. Provide a level of evaluation that corresponds to the
complexity of the proposed site of construction, including unique
characteristics associated with that site.
2. The livestock odor mitigation evaluation effort shall provide
for increasing levels of participation by a person who requests the
evaluation in cooperation with the university as follows:
a. A level one evaluation that provides an opportunity for
the person to complete a simple questionnaire which may be accessed
by using the internet without assistance by university personnel.
b. A level two evaluation that provides an opportunity for
the person to consult with a specialist designated by the university
who shall assist in performing a comprehensive evaluation of the site
of the proposed construction.
c. A level three evaluation which provides an opportunity for
the person to participate in a community-based odor assessment model
that uses predictive computer modeling to analyze the potential odor
intensity, duration, and frequency for a neighbor from a livestock
operation.
3. An evaluation may account for all factors impacting upon odor
exposure as determined relevant by the university. The factors may
vary based upon the type of evaluation performed. Factors which may
be considered include but are not limited to all of the following:
a. Characteristics relating to the proposed site including
but not limited to terrain, weather patterns, surrounding vegetative
barriers, the proximity of neighbors, and contributing odor sources.
b. The type and size of the structure proposed to be
constructed and its relationship to existing livestock operation
structures.
4. At the completion of an evaluation, the university shall
provide the participating person with a report including its findings
and recommendations. A report may vary based upon the type of
evaluation performed. The report resulting from a level one or level
two evaluation may recommend that the participating person conduct a
higher level evaluation. A report resulting from a level two or
level three evaluation may recommend modifications to the design or
orientation of the livestock operation structure proposed to be
constructed, the adoption of odor mitigating practices, or the
installation of odor mitigating technologies.
5. A participating person who has completed the level of
evaluation as recommended by the university may request that the
university issue the participating person a livestock odor mitigation
evaluation certificate. The university shall issue a certificate to
the participating person that verifies the person's completion of an
evaluation that satisfies the requirements of this section. The
university shall not issue a certificate to a participating person
who has not completed the level of evaluation recommended by the
university. The certificate shall identify the name of the
participating person and the site where the construction is proposed.
However, it shall not include any other information. Section History: Recent Form
2008 Acts, ch 1174, §10, 13
Referred to in § 266.42, 266.43, 266.46, 459.303 Footnotes
Implementation of §266.40--266.49 is contingent upon receipt of
sufficient funds by Iowa state university; 2008 Acts, ch 1174, §13