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.
Pages to are hidden for
"Separation Agreement, Ia"Please download to view full document