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House Journal: Page 1169: Monday, April 3, 1995

 3   permit, in violation of this chapter, or rules adopted
 4   by the department, including the terms or conditions
 5   of the permit.
 6     b.  Intentionally making a false statement or
 7   misrepresenting information to the department as part
 8   of an application for a construction permit for a
 9   confinement feeding operation structure or anaerobic
10   lagoon which is part of a confinement feeding
11   operation, or the installation of a related pollution
12   control device or practice for which the person must
13   obtain a construction permit.
14     c.  Failing to obtain a permit or approval by the
15   department in violation of this chapter or
16   departmental rule which requires a permit to construct
17   or operate a confinement feeding operation or use a
18   confinement feeding operation structure, anaerobic
19   lagoon, or a pollution control device or practice
20   which is part of a confinement feeding operation.
21     d.  Operating a confinement feeding operation,
22   including  a confinement feeding operation structure
23   or anaerobic lagoon which is part of a confinement
24   feeding operation, or the related pollution control
25   device or practice, which causes pollution to the
26   waters of the state, if the pollution was caused
27   intentionally, or caused by a failure to take measures
28   required to abate the pollution which resulted from an
29   act of God.
30     e.  Failing to submit a manure management plan as
31   required pursuant to section 455B.203, or operating a
32   confinement feeding operation without having a manure
33   management plan approved by the department.
34     This subsection shall not apply, unless the
35   department of natural resources has previously
36   notified the person of the person's classification as
37   a habitual offender as provided in section 455B.173."
38     4.  Page 16, line 17, by inserting after the
39   figure "17A." the following:  "A person classified as
40   a habitual offender or a confinement feeding operation
41   in which a habitual offender owns a controlling
42   interest, pursuant to section 455B.191, must submit a
43   manure management plan to the department on an annual
44   basis, which must be approved by the department for
45   the following year of operation."
46     5.  Page 17, line 25, by inserting after the word
47   "plan." the following:  "The department shall
48   regularly inspect a confinement feeding operation if
49   the operation or a person holding a controlling
50   interest in the operation is classified as a habitual

Page   3

 1   offender pursuant to section 455B.191.  The department
 2   shall assess and the confinement feeding operation
 3   shall pay the actual costs of the inspection."

Iowa General Assembly

Index: House Journal (76th General Assembly: Session 1)

© 1995 Cornell College and League of Women Voters of Iowa

Comments? hjourn@legis.iowa.gov.

Last update: Sun Jan 14 21:05:02 CST 1996
URL: /DOCS/GA/76GA/Session.1/HJournal/01100/01169.html
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