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House Journal: Page 2070: Friday, April 28, 1995

Page 7

 1   the general fund of the state.  However, civil
 2   penalties assessed by the department and interest on
 3   the penalties, arising out of violations imposed upon
 4   a person obtaining a permit for the construction of an
 5   animal feeding operation, as provided in division II,
 6   part 2, shall be deposited in the manure storage
 7   indemnity fund as created in section 204.2.  Civil
 8   penalties assessed by the department and interest on
 9   the penalties arising out of a violation imposed upon
10   a person obtaining a permit for an animal feeding
11   operation as provided in division III, which may be
12   assessed pursuant to section 455B.191, shall be
13   deposited in the manure storage indemnity fund as
14   created in section 204.2.
15     Sec. ___.  NEW SECTION.  455B.110  ANIMAL FEEDING
16   OPERATIONS -- COMMISSION APPROVAL.
17     The department shall not initiate an enforcement
18   action in response to a violation by an animal feeding
19   operation as provided in this chapter or a rule
20   adopted pursuant to this chapter, or request the
21   commencement of legal action by the attorney general
22   pursuant to section 455B.141, unless the commission
23   has approved the intended action.  This section shall
24   not apply to an order to terminate an emergency issued
25   by the director pursuant to section 455B.175."
26     18.  Page 6, line 30, by striking the words
27   "SEPARATION DISTANCE" and inserting the following:
28   "ANIMAL FEEDING OPERATIONS".
29     19.  Page 6, line 30, by inserting after the word
30   "PART" the following:  "2".
31     20.  Page 7, line 25, by inserting after the word
32   "storage." the following:  "An animal feeding
33   operation does not include a livestock market."
34     21.  By striking page 7, line 32, through page 8,
35   line 6, and inserting the following:
36     "   .  "Commercial enterprise" means a building
37   which is used as a part of a business that
38   manufactures goods, delivers services, or sells goods
39   or services, which is customarily and regularly used
40   by the general public during the entire calendar year
41   and which is connected to utility services, which may
42   include electric, water, or sewer services.  A
43   commercial enterprise does not include a farm
44   operation."
45     22.  Page 8, line 22, by striking the word "twice"
46   and inserting the following:  "once".
47     23.  Page 8, line 35, by inserting after the word
48   "manure" the following:  "from a confinement feeding
49   operation".
50     24.  Page 9, by inserting after line 2 the

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