This file contains STRIKE and UNDERSCORE. If you cannot see either STRIKE or UNDERSCORE attributes or would like to change how these attributes are displayed, please use the following form to make the desired changes.

House Journal: Page 1094: Thursday, March 28, 1996

13   construction permit for a confinement feeding
14   operation which is filed with the department of
15   natural resources before the effective date of this
16   Act shall not be subject to requirements in this Act
17   amending provisions in chapter 455B which affect the
18   application.  However, nothing relieves the
19   application from complying with requirements in
20   chapter 455B as amended by 1995 Iowa Acts, chapter
21   195.
22     Sec. ___.  ANIMAL AGRICULTURE CONSULTING
23   ORGANIZATION.  The animal agriculture consulting
24   organization established pursuant to 1995 Iowa Acts,
25   chapter 195, section 37, is requested to draft a
26   proposal for a model building code applicable to
27   formed manure storage structures as defined in section
28   455B.161.  The animal agriculture consulting
29   organization shall submit the draft proposal to the
30   general assembly not later than January 10, 1997."
31     3.  Page 15, by inserting before line 20 the
32   following:
33     "Sec. ___.  NEW SECTION.  331.302A  CONFINEMENT
34   FEEDING OPERATIONS.
35     1.  If a confinement feeding operation, including a
36   related animal feeding operation structure, as
37   provided in chapter 455B, is located in a county, that
38   county board of supervisors may enforce the provisions
39   in chapter 455B applicable to confinement feeding
40   operations, including rules adopted by the department
41   of natural resources as provided in section 455B.173
42   against the owner of the confinement feeding
43   operation.
44     2.  In order to proceed in an enforcement action,
45   the board must deliver a notice to the department,
46   stating that a confinement feeding operation may be in
47   violation of chapter 455B or departmental rules.  The
48   board shall deliver the notice after approval of the
49   board action by resolution.  The notice shall be in
50   writing and shall state the location of the

Page 2  

 1   confinement feeding operation, the name and address of
 2   the owner, the name and address of the complainant,
 3   and an explanation of the possible violation.  The
 4   board may inform the department that the board
 5   reserves its right to enforce chapter 455B and related
 6   rules as provided in this section, if the department
 7   fails to initiate an enforcement action or continue an
 8   enforcement action which results in an administrative
 9   hearing or a settlement of the case.  The county may
10   begin enforcement proceedings after fourteen calendar
11   days following delivery of the notice, unless the
12   county receives notice by the department that the

Iowa General Assembly

Index: House Journal (76th General Assembly: Session 2)

© 1996 Cornell College and League of Women Voters of Iowa

Comments? hjourn@legis.iowa.gov.

Last update: Mon Apr 1 13:30:03 CST 1996
URL: /DOCS/GA/76GA/Session.2/HJournal/01000/01094.html
jhf