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House Journal: Page 1176: Monday, April 3, 1995

5   in writing to a permittee within one month prior to
 6   the permittee's payment date.
 7     b.  The annual fee shall equal ten cents per animal
 8   unit of capacity for confinement feeding operations
 9   housing poultry and twenty-four cents per animal unit
10   of capacity for confinement feeding operations housing
11   other species of animals.  The fee shall not be paid,
12   if the confinement feeding operation does not house
13   any animals or store manure for three consecutive
14   months prior to the permittee's payment date.  If the
15   animal feeding operation again houses animals or
16   stores manure, the permittee shall pay the department
17   by the next payment date and subsequently on each
18   anniversary of that payment date.  The permittee shall
19   notify the department if a fee is not owing within one
20   month prior to the permittee's payment date.
21     c.  A permittee is delinquent if the permittee
22   fails to submit the full fee when due, or if an
23   underpayment of the fee is found by the department.
24   The permittee is subject to a penalty of ten dollars
25   or an amount equal to the amount of the deficiency for
26   each day the permittee is delinquent, whichever is
27   less.
28     3.  If, on March 1, the moneys of the fund, less
29   the department's estimate of the costs to the fund for
30   pending or unsettled claims, exceed one million
31   dollars, the annual fee payable pursuant to subsection
32   2 shall be waived.  The department may reinstate the
33   annual fee if the moneys in the fund, less the
34   department's estimate of costs to the fund for pending
35   or unsettled claims, are less than eight hundred fifty
36   thousand dollars.  The department shall reinstate the
37   annual fee if moneys in the fund, less the
38   department's estimate of the costs to the fund for
39   pending or unsettled claims, are less than seven
40   hundred fifty thousand dollars.  A permittee who does
41   not make payment on or after July 1 of each fiscal
42   year shall pay the fee on the next payment date, but
43   not before one month prior to the next payment date.
44   However, a delayed payment shall not change a
45   permittee's payment date anniversary.
46     4.  The department of natural resources shall
47   provide the department of agriculture and land
48   stewardship the most current available information
49   regarding the names and addresses of permittees,
50   including the capacity of the confinement feeding

Page 4

 1   operations subject to the permit.  The information
 2   shall be delivered every three months according to
 3   procedures established by the department.
 4     Sec. ___.  NEW SECTION.  204.4  COLLECTION.
 5     The department, in cooperation with the attorney

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