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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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