Iowa Code r. 567-65.209 - NMP requirements
(1) The
owner of an open feedlot operation that has an animal unit capacity of 1,000
animal units or more or that is required to be issued an NPDES permit shall
develop and implement an NMP meeting the requirements of this rule. The owner
of an open feedlot operation who seeks to obtain or is required to be issued an
NPDES permit shall develop and implement an NMP meeting the requirements of
this rule no later than the date on which the NPDES permit becomes effective.
For the purpose of this rule, requirements pertaining to open feedlot effluent
also apply to settled open feedlot effluent and settleable solids.
(2) Not more than one open feedlot operation
shall be covered by a single NMP. For an open feedlot operation that is
required to have an NPDES permit and the AFO includes an open feedlot operation
and a confinement feeding operation, the NMP must include both the open feedlot
operation and the confinement feeding operation if the confinement feeding
operation does not have an MMP. If the confinement feeding operation portion of
the AFO does have an MMP as required in rules
567-65.110 (455B,459,459B) and
567-65.111 (455B,459,459B), the
confinement feeding operation portion shall not be included in the NMP;
however, in that event, the MMP must be amended to include the information
specified in paragraph 65.209(8)"e."
(3) A person shall not remove manure, process
wastewater or open feedlot effluent from an open feedlot operation structure
that is part of an open feedlot operation for which an NMP is required under
this rule, unless the department approves an NMP as required in this
rule.
(4) The department shall not
approve an application for a permit to construct a settled open feedlot
effluent basin or AT system unless the owner of the open feedlot operation
applying for approval submits an NMP together with the application for the
construction permit as provided in rule
567-65.203 (455B,459A). The
owner shall also submit proof that the owner has published a notice for public
comment as provided in subrule 65.209(7).
(5) If a construction permit is required as
provided in rule 567-65.203 (455B,459A), the
department shall approve or disapprove the NMP as part of the construction
permit application. If a construction permit is not required, the department
shall approve or disapprove the NMP within 60 days from the date that the
department receives the NMP.
(6)
Prior to approving or disapproving an NMP as required in this rule, the
department may receive comments exclusively to determine whether the NMP is
submitted according to procedures required by the department and that the NMP
complies with the provisions of this rule.
(7) Public notice.
a. The owner of the open feedlot operation
shall publish a notice for public comment in a newspaper having a general
circulation in the county where the open feedlot operation is or is proposed to
be located and in the county where manure, process wastewater, or open feedlot
effluent that originates from the open feedlot operation may be applied under
the terms and conditions of the NMP.
b. The notice for public comment shall
include all of the following:
(1) The name of
the owner of the open feedlot operation submitting the NMP.
(2) The name of the township where the open
feedlot operation is or is proposed to be located and the name of the township
where manure, process wastewater, or open feedlot effluent originating from the
open feedlot operation may be applied.
(3) The animal unit capacity of the open
feedlot operation.
(4) The time
when and the place where the NMP may be examined as provided in Iowa Code
section 22.2.
(5) Procedures for providing public comment
to the department. The notice shall also include procedures for requesting a
public hearing conducted by the department. The department is not required to
conduct a public hearing if it does not receive a request for the public
hearing within ten days after the first publication of the notice for public
comment as provided in this subrule. If such a request is received, the public
hearing must be conducted within 30 days after the first date that the notice
for public comment was published.
(6) A statement that a person may acquire
information relevant to making comments under this subrule by accessing the
department's Internet website. The notice for public comment shall include the
address of the department's Internet website as required by the
department.
(8)
Except as provided in paragraph 65.209(8)"f," an NMP shall
include all of the following:
a. An estimate
of the nitrogen and phosphorus concentration of manure, process wastewater and
open feedlot effluent and an estimate of the manure, process wastewater, and
open feedlot volume or weight produced by the open feedlot operation, in
accordance with subrule 65.111(3).
b. Application rate calculations consistent
with the requirements of subrule 65.111(12). The 100 pounds of available
nitrogen per acre limitation specified in paragraph
65.111(13)"c" (applicable to open feedlot operations and
combined open feedlot operations and confinement operations with an NPDES
permit because of requirements in subrule 65.111(4)) pertaining to liquid
manure applied to land currently planted to soybeans or to land where a soybean
crop is planned applies only to liquid manure, process wastewater or settled
open feedlot effluent.
c. The
location of manure application. If the application is on land other than land
owned or rented for crop production by the owner of the open feedlot operation,
the plan shall include a copy of each written agreement executed by the owner
of the open feedlot operation and the landowner or the person renting the land
for crop production where the manure, process wastewater or open feedlot
effluent may be applied. The written agreement shall indicate the number of
acres on which the manure, process wastewater or effluent may be applied and
the length of the agreement.
d. A
phosphorus index of each field in the nutrient management plan, as defined in
paragraph 65.111(12)"a," including the factors used in the
calculation. A copy of the NRCS phosphorus index detailed report shall satisfy
the requirement to include the factors used in the calculation.
e. Information that shows all of the
following:
(1) There is adequate storage for
manure, process wastewater, stockpiled manure and open feedlot effluent,
including procedures to ensure proper operation and maintenance of the storage
structures.
(2) The proper
management of animal mortalities to prevent discharge of pollutants to surface
water and to ensure that animals are not disposed of in an open feedlot
operation structure or a treatment system that is not specifically designed to
treat animal mortalities.
(3)
Surface drainage prior to contact with an open feedlot structure is diverted,
as appropriate, from the open feedlot operation.
(4) Animals kept in the open feedlot
operation do not have direct contact with any waters of the United
States.
(5) Chemicals or other
contaminants handled on site are not disposed of in manure, process wastewater,
an open feedlot operation structure or a treatment system that is not
specifically designed to treat such chemicals or contaminants.
(6) Equipment used for the land application
of manure, process wastewater or open feedlot effluent must be periodically
inspected for leaks.
(7)
Appropriate site-specific conservation practices to be implemented, including
as appropriate buffers or equivalent practices, to control runoff of pollutants
to waters of the United States.
(8)
Protocols for appropriate testing of manure, process wastewater, open feedlot
effluent and soil.
(9) Protocols to
land-apply manure, process wastewater or open feedlot effluent in accordance
with site-specific nutrient management practices that ensure appropriate
agricultural utilization of the nutrients in the manure, litter, process
wastewater or open feedlot effluent.
(10) Identification of specific records that
will be maintained to document the implementation and management of the
requirements in this subrule.
f. Sales of scraped solids or settleable
solids licensed by IDALS. Open feedlot operations that will sell scraped solids
or settleable solids as a commercial fertilizer or soil conditioner regulated
by IDALS under Iowa Code chapter 200 or bulk dry animal nutrient product under
Iowa Code chapter 200A shall submit a copy of their site-specific IDALS license
or documentation that manure will be sold pursuant to Iowa Code chapter 200 or
200A as regulated by IDALS and may, in lieu of complying with this subrule for
that portion of open feedlot effluent, submit to the department a copy of the
operation's site-specific IDALS license or documentation for any scraped solids
or settleable solids that will be sold pursuant to Iowa Code chapter 200 or
200A, along with the department-approved NMP form for sales of scraped solids
or settleable solids.
g. An open
feedlot operation must submit a complete NMP using a new phosphorus index,
including soil sampling as required in subrule 65.111(11), for each field in
the NMP a minimum of once every five years, submitting the plan with the NPDES
permit renewal application if the open feedlot operation has an NPDES
permit.
(9) If an open
feedlot operation uses an alternative technology system as provided in rule
567-65.207 (455B,459A), the NMP
is not required to provide for settled open feedlot effluent that enters the AT
system.
(10) Current NMP;
recordkeeping; record inspections.
a.
Current NMP. The owner of an open feedlot operation who is
required to submit an NMP shall maintain a current NMP at the site of the open
feedlot operation and shall make the current NMP available to the department
upon request. If nutrient management practices change, a person required to
submit an NMP shall make appropriate changes consistent with this rule. If
values other than the standard table values are used for NMP calculations, the
source of the values used shall be identified.
b.
Recordkeeping. Records
shall be maintained by the owner of an open feedlot operation who is required
to submit an NMP. This recorded information shall be maintained for five years
following the year of application or for the length of the crop rotation,
whichever is greater. Records shall be maintained at the site of the open
feedlot operation and shall be made available to the department upon request.
Records to demonstrate compliance with the NMP shall include the requirements
of rule 567-65.111 (455B,459,459B) and
the following:
(1) Weather conditions at time
of application and for 24 hours prior to and following the
application.
(2) Date(s) when
application equipment was inspected.
(3) All applicable records identified in
paragraph 65.209(8)"e."
c.
Record inspection. The
department may inspect an open feedlot operation at any time during normal
working hours and may inspect the NMP and any records required to be
maintained.
Notes
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