Section 459.101 – Title.

459.101 Title. This chapter shall be known and may be cited as the “Animal Agriculture Compliance Act”. 2002 Acts, ch 1137, §68, 71; 2002 Acts, 2nd Ex, ch 1003, §260, 262

Section 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 digester system” means a manure storage […]

Section 459.103 – General authority — commission and department.

459.103 General authority — commission and department. 1. The commission shall establish by rule adopted pursuant to chapter 17A, requirements relating to the construction, including expansion, or operation of animal feeding operations, including related animal feeding operation structures. The requirements shall include but are not limited to minimum manure control, the issuance of permits, and […]

Section 459.201 – Special terms.

459.201 Special terms. For purposes of this subchapter, all of the following shall apply: 1. Two or more animal feeding operations under common ownership or management are deemed to be a single animal feeding operation if they are adjacent or utilize a common system for manure storage. For purposes of determining whether two or more […]

Section 459.202 – Confinement feeding operations structures — separation distances.

459.202 Confinement feeding operations structures — separation distances. The following shall apply to confinement feeding operation structures: 1. a. Except as provided in subsection 3 and sections 459.203, 459.205, and 459.206, this subsection applies to confinement feeding operation structures constructed on or after May 31, 1995, but prior to January 1, 1999; and to the […]

Section 459.203 – Separation distance requirements for confinement feeding operations — expansion of prior constructed operations.

459.203 Separation distance requirements for confinement feeding operations — expansion of prior constructed operations. A confinement feeding operation constructed or expanded prior to the date that a distance requirement became effective under section 459.202 and which does not comply with the section’s distance requirement may continue to operate regardless of the distance requirement. The confinement […]

Section 459.204 – Liquid manure application — separation distance.

459.204 Liquid manure application — separation distance. Except as provided in section 459.205, a person shall not apply liquid manure from a confinement feeding operation on land located within seven hundred fifty feet from a residence not owned by the titleholder of the land, a commercial enterprise, a bona fide religious institution, an educational institution, […]

Section 459.204A – Stockpiling dry manure.

459.204A Stockpiling dry manure. A person may stockpile dry manure so long as the person stockpiles the dry manure in compliance with restrictions applicable to stockpiling as provided in this subchapter and subchapter III. 2009 Acts, ch 38, §2, 16

Section 459.204B – Stockpiling dry manure — minimum separation distance requirements.

459.204B Stockpiling dry manure — minimum separation distance requirements. Except as provided in section 459.205, a person shall not stockpile dry manure within one thousand two hundred fifty feet from a residence not owned by the titleholder of the land, a commercial enterprise, a bona fide religious institution, an educational institution, or a public use […]

Section 459.205 – Separation distance requirements — exemptions.

459.205 Separation distance requirements — exemptions. A separation distance requirement provided in this subchapter shall not apply to the following: 1. A confinement feeding operation structure, if the structure is part of a confinement feeding operation which qualifies as a small animal feeding operation. However, this subsection shall not apply if the confinement feeding operation […]

Section 459.206 – Qualified confinement feeding operations — manure storage structures.

459.206 Qualified confinement feeding operations — manure storage structures. 1. Except as provided in subsection 2, a qualified confinement feeding operation storing manure in a manure storage structure shall only use a manure storage structure that employs bacterial action which is maintained by the utilization of air or oxygen, and which shall include aeration equipment. […]

Section 459.207 – Animal feeding operations — airborne pollutants control.

459.207 Animal feeding operations — airborne pollutants control. 1. As used in this section, unless the context otherwise requires: a. “Airborne pollutant” means hydrogen sulfide, ammonia, or odor. b. “Separated location” means a location or object from which a separation distance is required under section 459.202 or 459.204, other than a public thoroughfare. 2. The […]

Section 459.301 – Special terms.

459.301 Special terms. For purposes of this subchapter, all of the following shall apply: 1. Two or more animal feeding operations under common ownership or management are deemed to be a single animal feeding operation if they are adjacent or utilize a common area or system for manure disposal. In addition, for purposes of determining […]

Section 459.302 – Document processing requirements.

459.302 Document processing requirements. 1. The department shall adopt and promulgate forms required to be completed in order to comply with this subchapter including forms for documents that the department shall make available on the internet. 2. a. The department shall provide for procedures for the receipt, filing, processing, and return of documents in an […]

Section 459.303 – Confinement feeding operations — permit requirements.

459.303 Confinement feeding operations — permit requirements. 1. The department shall approve or disapprove applications for permits for the construction, including the expansion, of confinement feeding operation structures, as provided by rules adopted pursuant to this chapter. The department’s decision to approve or disapprove a permit for the construction of a confinement feeding operation structure […]

Section 459.304 – Construction permit application procedure — county participation — comments — master matrix.

459.304 Construction permit application procedure — county participation — comments — master matrix. 1. a. The department shall deliver a copy or require the applicant to deliver a copy of the application for a permit to construct, including expanding, a confinement feeding operation structure pursuant to section 459.303, including supporting documents, to the county board […]

Section 459.305 – Master matrix.

459.305 Master matrix. 1. The department shall adopt rules for the development and use of a master matrix. The purpose of the master matrix is to provide a comprehensive assessment mechanism in order to produce a statistically verifiable basis for determining whether to approve or disapprove an application for the construction, including expansion, of a […]

Section 459.306 – Construction design statement — formed manure storage structures.

459.306 Construction design statement — formed manure storage structures. 1. a. Except as provided in paragraph “b”, a person shall not construct a formed manure storage structure, unless the person submits a construction design statement for filing with the department. b. The following persons are not required to submit a construction design statement with the […]

Section 459.307 – Construction design standards — formed manure storage structures.

459.307 Construction design standards — formed manure storage structures. The department shall adopt rules establishing construction design standards for formed manure storage structures that are part of confinement feeding operations other than small animal feeding operations. However, the construction design standards shall apply to a formed manure storage structure that is part of a small […]

Section 459.308 – Unformed manure storage structures — construction standards — inspections.

459.308 Unformed manure storage structures — construction standards — inspections. 1. The department shall adopt rules requiring construction design standards for unformed manure storage structures required to be constructed pursuant to a construction permit issued pursuant to section 459.303. 2. The construction design standards for unformed manure storage structures established by the department shall account […]