172D.3 - COMPLIANCE WITH RULES OF THE DEPARTMENT.
172D.3 COMPLIANCE WITH RULES OF THE DEPARTMENT.
1. Requirement. A person who operates a feedlot shall comply
with applicable rules of the department. The applicability of a rule
of the department shall be as provided in subsection 2. A person
complies with this section as a matter of law where no rule of the
department exists.
2. Applicability of rules.
a. Exclusion for federally mandated requirements. This
section shall apply to the department's rules except for rules
required for delegation of the national pollutant discharge
elimination system permit program pursuant to the federal Water
Pollution Control Act, Title 33, United States Code, ch. 126, as
amended, and 40 C.F.R. pt. 124.
b. Applicability of rules of the department other than those
relating to air quality under chapter 455B, division II, and chapter
459, subchapter II.
(1) A rule of the department in effect on November 1, 1976, shall
apply to a feedlot with an established date of operation prior to
November 1, 1976.
(2) A rule of the department shall apply to a feedlot with an
established date of operation subsequent to the effective date of the
rule.
(3) A rule of the department adopted after November 1, 1976, does
not apply to a feedlot holding a wastewater permit from the
department and having an established date of operation prior to the
effective date of the rule until either the expiration of the term of
the permit in effect on the effective date of the rule, or ten years
from the established date of operation of the feedlot, whichever time
period is greater.
(4) A rule of the department adopted after November 1, 1976, does
not apply to a feedlot not previously required to hold a wastewater
permit from the department and having an established date of
operation prior to the effective date of the rule for either a period
of ten years from the established date of operation of the feedlot or
five years from the effective date of the rule, whichever time period
is greater.
(5) To achieve compliance with applicable rules the department
shall issue an appropriate compliance schedule.
c. Applicability of rules of the department relating to air
quality under chapter 455B, division II, and chapter 459, subchapter
II.
(1) A rule of the department under chapter 455B, division II, in
effect on November 1, 1976, shall apply to a feedlot with an
established date of operation prior to November 1, 1976.
(2) A rule of the department under chapter 455B, division II, or
chapter 459, subchapter II, shall apply to a feedlot with an
established date of operation subsequent to the effective date of the
rule.
(3) A rule of the department under chapter 455B, division II, or
chapter 459, subchapter II, pertaining to feedlot management
standards adopted after November 1, 1976, shall not apply to any
feedlot having an established date of operation prior to the
effective date of the rule until one year after the effective date of
the rule.
(4) A rule of the department under chapter 455B, division II, or
chapter 459, subchapter II, pertaining to feedlot design standards
adopted after November 1, 1976, shall not apply to any feedlot having
an established date of operation prior to the effective date of the
rule for either a period of ten years from the established date of
operation of the feedlot or two years from the effective date of the
rule, whichever time period is greater. However, any design standard
rule pertaining to the siting of any feedlot shall apply only to a
feedlot with an established date of operation subsequent to the
effective date of the rule.
(5) To achieve compliance with applicable rules the department
shall issue an appropriate compliance schedule. Section History: Early Form
[C77, 79, 81, § 172D.3] Section History: Recent Form
84 Acts, ch 1219, § 8; 2003 Acts, ch 108, §42
Referred to in § 172D.1, 172D.2