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House Journal: Page 1096: Thursday, March 28, 1996

13     NEW SUBSECTION.  9.  A county board of supervisors
14   in the county where a confinement feeding operation is
15   located may enforce the provisions of this chapter
16   including rules adopted by the department pursuant to
17   section 455B.173, against the confinement feeding
18   operation, as provided in section 331.302A.
19     NEW SUBSECTION.  10.  Pursuant to one or more
20   chapter 28E agreements entered into by the department
21   and the county boards of health for Appanoose, Clarke,
22   Decatur, Lucas, Monroe, and Wayne counties, the
23   department may delegate its authority to the county
24   boards of health in those counties, under the
25   authority granted to the county boards of health in
26   chapter 137, to inspect water in or originating from
27   the Rathbun water impoundment.  The inspection may
28   include testing, monitoring, and analyzing water in or
29   originating from the water impoundment.  The county
30   board of health shall only inspect water in or
31   originating from the water impoundment if all of the
32   following apply:
33     a.  The inspection is within an area where the
34   point of pollution could occur between manure from an
35   animal feeding operation structure which is part of a
36   confinement feeding operation and water in or
37   originating from the water impoundment.
38     b.  The confinement feeding operation confines and
39   feeds swine.
40     c.  The total manure storage capacity of manure
41   storage structures connected to the confinement
42   feeding operation is four million gallons or more.
43     A county may impose a special annual fee on each
44   confinement feeding operation which has been assessed
45   a civil penalty during the year, in order to reimburse
46   the county board of health for administering this
47   subsection.  The amount of the annual fee shall not
48   exceed one thousand dollars.  If unpaid when due as
49   provided by the county, the amount shall be placed
50   upon the tax books and collected, with interest and

Page   4

 1   penalties after due, in the same manner as other
 2   unpaid property taxes.
 3     Sec. ___.  Section 455B.201, Code Supplement 1995,
 4   is amended by adding the following new subsection:
 5     NEW SUBSECTION.  5.  A person shall not construct
 6   or expand an earthen manure storage basin used in
 7   conjunction with a confinement feeding operation in
 8   which swine are confined, if all earthen manure
 9   storage basins serving the confinement feeding
10   operation as constructed or expanded would have a
11   capacity to store more than four million gallons of
12   waste discharge.

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