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House Journal: Page 2079: Friday, April 28, 1995

Page 16

 1   drainage well, agricultural drainage well surface
 2   inlet, drinking water well, or lake, or a farm pond or
 3   privately owned lake as defined in section 462A.2."
 4     90.  Page 21, by inserting before line 12 the
 5   following:
 6     "Sec. ___.  NEW SECTION.  654C.1  DEFINITIONS.
 7     As used in this chapter, unless otherwise required:
 8     1.  "Animal feeding operation structure" means the
 9   same as defined in section 455B.161.
10     2.  "Dispute" means a controversy between a
11   permittee and a neighbor, which arises from
12   negotiations between the parties to establish an
13   animal feeding operation structure within the
14   separation distance.
15     3.  "Farm mediation service" means the organization
16   selected pursuant to section 13.13.
17     4.  "Neighbor" means a person benefiting from a
18   separation distance required pursuant to section
19   455B.162, including a person owning a residence other
20   than the owner of the animal feeding operation, a
21   commercial enterprise, bona fide religious
22   institution, educational institution, or a city,
23   authorized to execute a waiver.
24     5.  "Participate" or "participation" means
25   attending a mediation meeting, and having knowledge
26   about and discussing issues concerning a subject
27   relating to a dispute.
28     6.  "Permittee" means a person obtaining a permit
29   for the construction of an animal feeding operation
30   structure as provided in section 455B.173.
31     7.  "Waiver" means a waiver executed between a
32   permittee and a neighbor as provided in section
33   455B.165.
34     Sec. ___.  NEW SECTION.  654C.2  MEDIATION
35   PROCEEDINGS.
36     1.  A person who is a permittee or a neighbor may
37   file a request for mediation with the farm mediation
38   service.  Upon receipt of the request for mediation,
39   the farm mediation service shall conduct an initial
40   consultation with each party to the dispute privately
41   and without charge.  Mediation shall be cancelled
42   after the initial consultation, unless both parties
43   agree to proceed.
44     2.  Both parties to the dispute shall file with the
45   farm mediation service information required by the
46   service to conduct mediation.
47     3.  Unless mediation is cancelled, within twenty-
48   one days after receiving a mediation request, the farm
49   mediation service shall send a mediation meeting
50   notice to all parties to the dispute setting a time

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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URL: /DOCS/GA/76GA/Session.1/HJournal/02000/02079.html
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