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House Journal: Page 1185: Monday, April 3, 1995

 3   line 31.
 4     2.  By striking page 13, line 33, through page 14,
 5   line 2, and inserting the following: "feeding
 6   operations.  The department shall issue a".
 7     3.  Page 14, line 7, by inserting after the word
 8   "permit." the following:  "The person shall not obtain
 9   a permit, unless the person provides evidence of
10   financial assurance with the department, as approved
11   by the department, and which may be moneys deposited
12   in an escrow account, a letter of credit, a bond, or
13   an insurance policy, which shall be used as provided
14   in section 455B.205."
15     4.  Page 18, by inserting after line 16 the
16   following:
17     "Sec. ___.  NEW SECTION.  455B.205  FINANCIAL
18   ASSURANCE REQUIRED.
19     A person who receives a permit under section
20   455B.173 must establish and at all times maintain
21   financial assurance in a form required by the
22   department which may include the deposit of moneys in
23   an escrow account, a letter of credit, a bond, or an
24   insurance policy, as provided upon such terms and
25   conditions as the department requires.  The amount of
26   the financial assurance shall equal one cent for each
27   gallon of capacity of all structures connected to the
28   operation which are used to store manure as part of an
29   animal feeding operation required to be constructed
30   pursuant to a permit issued by the department pursuant
31   to section 455B.173.  The department shall require
32   that the financial assurance shall be used for
33   purposes of paying costs of removing and disposing of
34   the manure from a manure storage structure.  The
35   department shall oversee the removal and disposal of
36   the manure, and may use the financial assurance to pay
37   for the work by a qualified person based upon bids let
38   by the department.  The department shall use the
39   financial assurance if the permittee liquidates assets
40   including in bankruptcy, to the extent allowed by
41   federal law; the operation is abandoned; or there is
42   evidence that the operation is threatening the quality
43   of groundwater or surface water, and there is
44   compelling evidence that the permittee is incapable or
45   unwilling to remedy the cause of the pollution in a
46   timely manner."
47     5.  By striking page 20, line 20 through page 21,
48   line 16.
49     6.  By renumbering as necessary.
Fallon of Polk offered the following amendment H-3656, to
amendment H-3638 filed by him and Coon and moved its adoption:
H-3656
 1     Amend the amendment, H-3638, to House File 519 as
 2   follows:

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