Get documents about "Separation Agreement, Ia
Description
Separation Agreement, Ia document sample
Document Sample
Swine Manure Management
and Iowa’s Manure Law
Iowa’s manure law was passed in 1995 structure and neighboring residences residence, and the expansion
as House file 519. It deals with or public areas. The separation does not result in a new opera-
environmental regulations of confine- distances are based on type of manure tion that is more than double in
ment feeding operations. The law is storage and one time animal weight capacity or exceeds 625,000
20 pages long, so this publication will capacity. Table 1 shows how to relate pounds, whichever is less; or
not cover every aspect. The main one-time weight capacity to animal
• an existing feeding operation
topics covered here are: numbers for swine operations in Iowa.
was established prior to the
1 . separation distances The separation distance requirements neighboring residence and it
are presented in Table 2. All distances does not expand.
2. the indemnity fund
are measured from the closest point of
Animal feeding operation structures
3. construction permits the animal facility structure to the
cannot be located within 500 feet of
4. manure management plans
5. manure control Table 1. Weight Chart for Swine.
6. drain tile removal for earth Average Capacity Farrow to
Sows Market Hogs Finish
structures (400 pounds) (150 pounds) (10 pigs
per litter)
7. nuisance protection
200,000 lbs. 500 1,333 105 sows
This publication will focus on the
625,000 lbs. 1,563 4,167 329 sows
high points that will affect most swine
producers in Iowa. Before doing any 1, 250,000 lbs. 3,125 8,333 658 sows
construction, consult with the Iowa 2,000,000 lbs. 5,000 13,333 1,052 sows
Department of Natural Resources 2,500,000 lbs. 6,250 16,667 1,282 sows
(DNR), Iowa State University Exten-
sion, or the Natural Resources neighboring house or building in ag drainage well surface intakes, or
Conservation System (NRCS) on your question, not to the property line. known sinkholes, or within 200 feet
own specific situation. While HF 519 of navigable lakes, streams, or rivers,
Exemptions to these separation
dealt with confinement operations of except for farm ponds and privately
distances are granted if:
horses, cattle, poultry, sheep, goats, owned lakes.
and swine, this publication deals only • the neighbor signs a written
Structures must also be from 100 to
with swine operations. waiver and it is recorded at the
1,000 feet from wells, depending on
courthouse;
Separation Distances the type of structure and type of well,
Separation distances are the distances • an existing operation expands as shown in Table 2.
specified between a feeding operation away from the neighboring
Pm-1700 | January 1997
Table 2. Separation distance requirements for non-bovine operations.
Swine, Sheep, Horses and Poultry: Requirements for confinement Feeding Separation Distances
Type of Structure Size of Operation Residences,* commercial enterprises, Public Use
Animal Weight Capacity religious institutions Area
or educational institutions
Unincorporated Incorporated
Area Area
Anaerobic lagoons <2000,000 lb 1,250 feet 1,250 feet 1,250 feet
and uncovered 200,000 lb to <625,000 lb 1,250 feet 1,250 feet 1,250 feet
earthen manure 625,000 lb to <1,250,000 lb 1,875 feet 1,875 feet 1,875 feet
storage basins 1,250,000 lb or more 2,500 feet 2,500 feet 2,500 feet
Covered earthen <200,000 lb 750 feet 1,250 feet 1,250 feet
manure storage 200,000 lb to <625,000 lb 750 feet 1,250 feet 1,250 feet
basin 625,000 lb to <1,250,000 lb 1,000 feet 1,875 feet 1,875 feet
1,250,000 lb or more 1,500 feet 2,500 feet 2,500 feet
Uncovered formed <200,000 lb None None None
manure storage 2000,000 lb to <625,000 lb 1,000 feet 1,250 feet 1,250 feet
structures 625,000 lb to <1,250,000 lb 1,500 feet 1,875 feet 1,875 feet
1,250,000 lb or more 2,000 feet 2,500 feet 2,500 feet
Confinement <200,000 lb None None None
buildings, covered 200,000 lb to <625,000 lb 750 feet 1,250 feet 1,250 feet
formed manure 625,000 lb to <1,250,000 lb 1,000 feet 1,875 feet 1,875 feet
storage structures, 250 000 lb or more 1 500 feet 2 500 feet 2,500 feet
and egg washwater
storage structures
Public Public
Private Shallow Well Private Deep Well Shallow Well Deep Well
Anaerobic lagoons,
aerobic structure,
earthen manure 400 feet 400 feet 1,000 feet 400 feet
storage basins, or
runoff control basin
Confinement
building, formed
manure storage
structure, feedlot 200 feet 100 feet 200 feet 100 feet
solids settling
facility or open
feedlot
* Residence not owned by the owner of the animal feeding operation
Other Separation Distance Requirements
All animal feeding operation structures, regardless of size, must meet the minimum separation distance for the
following areas:
Surface Intake of Agricultural Drainage Wells and Known Sinkholes 500 feet
Navigable Lakes, Rivers, and Streams Excluding 200 feet
farm ponds and privately owned lakes
Indemnity Fund Manure Management Plans using formed manure storage, do not
The legislation established a one All operations with construction need construction permits, but must
million dollar fund to help county permits issued after May 31, 1985, file an abbreviated manure manage-
governments clean up properties from must develop and file manure man- ment plan 60 days prior to applying
confinement feeding operations the agement plans. The plans will be manure. These plans do not have to
county has taken over for non based on crop utilization of nitrogen. include the written agreements.
payment of taxes. The indemnity fund Optimum crop yields must be Manure Control
cost for producers is a one-time fee determined by NRCS soil survey All livestock operations must handle
for new operations applying for records, CFSA yield, crop insurance manure in a manner that does not
construction permits, and for opera- yields or actual yield records of at cause water pollution.
tions with construction permits issued least the last three years. Nitrogen
after May 31, 1985. The fee is based Manure cannot be applied within 200
credits must be included for previous
on Animal Units (AU). One AU equals feet of a sink hole, cistern, abandoned
legume crops and for commercial
2.5 swine over 55 lbs., or 10 swine well, ag drainage well or surface
nitrogen applications. Because legume
between 15 and 55 lbs. Table 3 pre- intake for ag drainage well, well, lake,
crops have high nitrogen use rates,
sents the one time indemnity fund fee. or farm pond, unless it is incorporated
they may allow for higher manure
with 24 hours or injected. It cannot be
applied within 50 feet of the water
Table 3. Indemnity Fund Fee.
resource if permanent vegetation is
Animal Weight Fee Per Animal Unit Fee Per Animal Unit present. Special separation distances
Poultry Swine and Other are required for spray irrigation of
<625,000 lbs. 2 cents 5 cents manure.
Drainage Tile Removal
625,000 to 1,250,000 lbs. 3 cents 7.5 cents
New confinement operations must
over 1,250,000 lbs. 5 cents 10 cents remove drainage tile out to 50 feet
Examples: a 2,000 head swine finishing operation (=800 AU) would pay away from the outside edge of the
$40.00 (800 x $.05). A 14,000 head finishing operation would pay $560.00 berm of any earth storage or lagoon.
(5600AU x $.10) to the fund.
Producers with existing systems built
after December 31, 1992, must
Construction Permits application rates than non-legume investigate for drain tile by March 20,
No construction permits are required crops. The best use of manure 1997. If tile lines are discovered, they
for swine operations classified as nutrients, however, is by non-legume must be plugged or removed. Produc-
small animal feeding operations, crops such as corn. ers with earthen structures built prior
defined as less than 200,000 pounds The law allows temporary nitrogen to this with toe drains around them
for swine. New or expanding opera- overapplications if phosphorus must devise a way to monitor and
tions over this size using lagoons or planning is used. It allows updating shut off the tiles if there is no surface
earthen manure storage structures are agency yields if it can be shown they outlet for the drains on the property.
required to obtain construction are not current. It also allows using a Nuisance Protection
permits. Swine operations over yield goal 10 percent above current Permits are not necessary for opera-
625,000 pounds using any type of yields. tions to receive nuisance protection.
liquid or semi-liquid system will need
If the land needed for application is The nuisance defense presumes that
construction permits, and operations
not owned or rented for crop produc- livestock operations are not a nui-
over 1,250,000 pounds need permits
tion by the operation, a written sance unless it is proven by clear and
even for dry manure systems.
manure application agreement must convincing evidence that:
If the DNR determines that an accompany the manure management
operation needs a construction 1) the livestock operation unreason-
plan in order to get a construction
permit, then it must obtain one. The ably and continuously interferes with
permit. This agreement must show
Department of Natural Resources will a person’s enjoyment of his or her life
the number of acres and the length of
not issue permits to habitual violators or property, and
time of the agreement.
or those who have a pending action 2) the injury was caused by the
Operations with over 200,000
against them. negligent operation of the livestock
pounds, but under 625,000 pounds,
facility.
Additional resources
Other publications in the LIFE series,
available from any Iowa State Univer-
sity Extension office, include:
Environmental Guidelines for Confine-
ment Swine Housing, Pm-1586
Environmental Guidelines for Confine-
ment Swine Housing (pocket cards),
Pm-1586a
Concrete Specifications for Agriculture,
Pm-1589
Design and Management of Anaerobic
Lagoons in Iowa for Animal Manure
Storage and Treatment, Pm-1590
Land Application for Effective Manure
Nutrient Management, Pm-1599
Pit Recharge Manure Management
System, Pm-1601
Selecting Manure Management Systems
for Swine Operations, Pm-1602
Earthen Pits for Liquid Manure
Storage, Pm-1603
You Can’t Afford Not to Haul Manure,
Pm-1609
Composting Dead Livestock, SA-8
File: Engineering 1-1
. . . and justice for all Issued in furtherance of Cooperative
Prepared by Kris Kohl, extension
The Iowa Cooperative Extension Service’s Extension work, Acts of May 8 and June
agricultural engineering field specialist,
programs and policies are consistent with 30, 1914, in cooperation with the U.S.
and Jeffery Lorimor, extension agricul-
pertinent federal and state laws and Department of Agriculture. Stanley R.
tural engineer, and reviewed by Jay
regulations on nondiscrimination. Many Johnson, director, Cooperative Extension
Harmon, extension agricultural engineer,
materials can be made available in Service, Iowa State University of Science
Department of Agricultural and
alternative formats for ADA clients. and Technology, Ames, Iowa.
Biosystems Engineering, Iowa State
University, Ames, Iowa.
Related docs
Other docs by vjy16572
