Iowa Admin. Code r. 567-65.301
Current through Register Vol. 47, No. 10, November 13, 2024
Rule 567-65.301 - Construction permits(1)Animal truck wash facilities required to obtain a construction permit. An animal truck wash facility must obtain a construction permit as follows: a. Prior to construction or expansion of an animal truck wash effluent structure.b. When the department has previously issued the animal truck wash facility a construction permit and the volume of the animal truck wash effluent would be more than the volume approved by the department in the previous construction permit.c. When the animal truck wash facility is part of a confinement feeding operation and all of the following apply: (1) The department has issued a construction permit or an NPDES permit for the confinement feeding operation or a letter approving a construction design statement for the confinement feeding operation in lieu of a construction permit.(2) The animal truck wash effluent will be added to an existing manure storage structure resulting in a total stored volume greater than that approved in the construction permit or the construction design statement approval letter.d. When the animal truck wash facility is part of an open feedlot operation and all of the following apply: (1) The department has issued a construction permit or an NPDES permit for an open feedlot operation.(2) The animal truck wash effluent will be added to an existing settled open feedlot effluent basin resulting in a total stored volume greater than that approved in the construction permit or NPDES permit.e. When an animal truck wash facility is constructed or expanded as part of a SAFO that includes a manure storage structure and the animal truck wash effluent will be added to the manure storage structure.(2)Construction permit not required. A construction permit is not required in the following situations:a. When a small animal truck wash facility is constructed or expanded and remains a small animal truck wash facility.b. When a small animal truck wash facility is part of a SAFO and the animal truck wash effluent is added to the manure storage structure.(3)Construction permit applications that cannot be approved. The department shall not approve an application for a construction permit unless the applicant submits all of the following: a. An NMP as provided in rule 567-65.306(455B,459A).b. An engineering report, construction plans, and specifications prepared by a PE or an NRCS-qualified staff person certifying that the design of the animal truck wash effluent structure complies with the construction design standards required in Division III of this chapter.(4)Plan review criteria; time for approval or disapproval.a.Plan review criteria. Review of plans and specifications shall be conducted by the department to determine the potential of the animal truck wash effluent structure to achieve the level of control being required of the animal truck wash facility. Applicable criteria contained in federal law, state law, these rules, NRCS design standards and specifications unless inconsistent with federal or state law or these rules will be used in this review. If the proposed facility plans are not adequately covered by these criteria, applicable criteria contained in current technical literature shall be used.b.Time for approval or disapproval. The department shall approve or disapprove an application for a construction permit within 60 days after receiving the permit application. However, the applicant may deliver a notice requesting a continuance. Upon receipt of a notice, the time required for the department to act upon the application shall be suspended for the period provided in the notice but for not more than 30 days after the department's receipt of the notice. The applicant may submit more than one notice. If review of the application is delayed because the application is incomplete, and the applicant fails to supply requested information within a reasonable time prior to the deadline for action on the application, the permit may be denied and a new application will be required if the applicant wishes to proceed. The department may also provide for a continuance when it considers the application. The department shall provide notice to the applicant of the continuance. The time required for the department to act upon the application shall be suspended for the period provided in the notice but for not more than 30 days. However, the department shall not provide for more than one continuance.(5)Expiration of construction permits. The construction permit shall expire if construction, as defined in rule 567-65.6 (455B,459,459A,459B), is not begun within one year and completed within three years of the date of issuance. The director may grant an extension of time to begin or complete construction if it is necessary or justified, upon showing of such necessity or justification to the director.(6)Revocation of construction permits. The department may suspend or revoke a construction permit, modify the terms or conditions of a construction permit, or refuse to renew a construction permit expiring according to subrule 65.301(5) if it determines that the operation of the animal truck wash facility constitutes a clear, present and impending danger to public health or the environment.(7)Permit prior to construction. An applicant for a construction permit shall notify the department prior to the start of construction for any animal truck wash facility. The applicant shall not begin construction of an animal truck wash facility until the person has been granted a permit for the construction by the department.(8)Materials used in animal truck wash. A facility that performs acid washing, aluminum brightening, or other such processes that significantly increase the metals concentration of the effluent is not considered an animal truck wash facility for purposes of this provision. Use of disinfectant materials to control and prevent animal diseases is allowed.Iowa Admin. Code r. 567-65.301
Adopted by IAB May 15, 2024/Volume XLVI, Number 24, effective 6/19/2024