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House Journal: Page 1095: Thursday, March 28, 1996

13   department has initiated an enforcement action in the
14   case as provided in this subsection.  The department
15   shall proceed in the active enforcement of the case.
16     3.  Once a county begins an enforcement action as
17   provided in this section, it shall be the party in
18   interest in the case and shall have sole authority and
19   responsibility to carry out the action.  The county
20   may refer any case to the attorney general.  The
21   department of natural resources may assume prosecution
22   of the enforcement action from the county.  However,
23   if the department assumes prosecution of the
24   enforcement action, the department shall be required
25   to resolve the action.
26     4.  The county shall bring the enforcement action
27   according to the same procedures used for a county
28   infraction as provided in section 331.307.  The
29   department shall establish classifications for
30   violations and the maximum amount that a county may
31   assess as a civil penalty for each classification.
32   However, the amount of the civil penalty shall not be
33   more than could be assessed by the department for the
34   same violation.  The department shall reimburse the
35   county for fifty percent of the costs incurred by the
36   county in enforcing the action.
37     Sec. ___.  Section 455B.161, subsection 3, Code
38   Supplement 1995, is amended to read as follows:
39     3.  a.  "Animal feeding operation" means a lot,
40   yard, corral, building, or other area in which animals
41   are confined and fed and maintained for forty-five
42   days or more in any twelve-month period, and all
43   structures used for the storage of manure from animals
44   in the operation.
45     b.  Two or more animal feeding operations under
46   shall be deemed to be a single animal feeding
47   operation if the operations meet both of the following
48   criteria:
49     (1)  Are under common ownership or management are
50   deemed to be a single animal feeding operation if they

Page   3

 1   are adjacent or utilize.
 2     (2)  Utilize a common system for manure storage or
 3   are separated at their closest points by two thousand
 4   five hundred feet or less.
 5     c.  An animal feeding operation does not include a
 6   livestock market.
 7     Sec. ___.  Section 455B.171, Code Supplement 1995,
 8   is amended by adding the following new subsection:
 9     NEW SUBSECTION.  1A.  "Earthen manure storage
10   basin" means the same as defined in section 455B.161.
11     Sec. ___.  Section 455B.172, Code 1995, is amended
12   by adding the following new subsections:

Iowa General Assembly

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

© 1996 Cornell College and League of Women Voters of Iowa

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Last update: Mon Apr 1 13:30:03 CST 1996
URL: /DOCS/GA/76GA/Session.2/HJournal/01000/01095.html
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