Separation Agreement, Ia by vjy16572


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									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
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

 building, formed
 manure storage
 structure, feedlot                  200 feet                          100 feet       200 feet                100 feet
 solids settling
 facility or open

* 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,
                                                                                         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),
                                                                                         Concrete Specifications for Agriculture,
                                                                                         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,
                                                                                         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.

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