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House Journal: Page 1219: Tuesday, April 4, 1995

H-3583
 1     Amend House File 519 as follows:
 2     1.  Page 6, by inserting after line 27 the
 3   following:
 4     "Sec. ___.  NEW SECTION.  331.302A  CONFINEMENT
 5   FEEDING OPERATIONS.
 6     The board of supervisors in the county where the
 7   operation is located may enforce sections 455B.202 and
 8   455B.203, including rules adopted pursuant to those
 9   sections.  The board must deliver a notice by
10   certified mail to the department, stating that an
11   operation may be in violation of the sections or
12   departmental rules.  The board shall deliver the
13   notice only after approval of the action by
14   resolution.  The notice shall be in writing and shall
15   state the location of the operation, the name and
16   address of the owner, and an explanation of the
17   possible violation.  The board may inform the de-
18   partment that the board reserves its right to enforce
19   the sections or rules as provided in this section, if
20   the department fails to initiate an investigation or
21   enforcement action or continue an enforcement action
22   which results in an administrative hearing or a
23   settlement of the case.  The county may begin
24   enforcement proceedings after thirty days following
25   delivery of the notice, unless the department
26   commences and maintains active enforcement of the
27   sections or its rules.  The county shall not initiate
28   or continue an enforcement action if the county
29   receives notice and results of the investigation by
30   the department that the department has conducted an
31   investigation and has determined that the operation is
32   not in violation of the sections or departmental
33   rules.  Once the county begins an enforcement action,
34   it shall be the party in interest in the case and have
35   sole authority and responsibility to proceed with the
36   action.  The county may refer any case to the attorney
37   general.  The department of natural resources may
38   assume the enforcement action from the county.
39   However, if the department assumes the enforcement
40   action, the department shall be required to resolve
41   the action.  The county shall bring the enforcement
42   action according to the same procedures used for a
43   county infraction as provided in section 331.307.
44   However, the civil penalty may be for any amount that
45   could be assessed by the department."
46     2.  Page 16, line 17, by inserting after the
47   figure "17A." the following:  "A county in which the
48   confinement feeding operation is located may require
49   that a copy of the plan be filed with the county."
50     3.  Page 17, line 25, by inserting after the word

Iowa General Assembly

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

© 1995 Cornell College and League of Women Voters of Iowa

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