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House Amendment 1407

Amendment Text

PAG LIN
  1  1    Amend House File 708 as follows:
  1  2    #1.  Page 17, by inserting after line 18 the
  1  3 following:
  1  4    "Sec. ___.  APPROPRIATIONS CONDITIONAL UPON COUNTY
  1  5 REVIEW OF ANIMAL FEEDING OPERATION STRUCTURES.
  1  6    1.  As a condition of the appropriation made to the
  1  7 department of natural resources pursuant to section 11
  1  8 of this Act, the department shall not issue a permit
  1  9 for the construction of an animal feeding operation
  1 10 which is part of a confinement feeding operation,
  1 11 unless the application for a permit is recommended for
  1 12 approval as provided in this section.
  1 13    2.  The application must be approved by the county
  1 14 engineer or a professional engineer designated by the
  1 15 county, in the county in which the animal feeding
  1 16 operation is to be located.
  1 17    3.  The department shall provide procedures for
  1 18 counties to recommend approval of an application to
  1 19 the department.  The department shall provide that a
  1 20 county may waive any right to receive an application
  1 21 for further comment prior to approval by the
  1 22 department.
  1 23    4.  An application must include preliminary
  1 24 drawings and specifications as required by the county
  1 25 engineer or professional engineer.
  1 26    5.  An application must be certified by the
  1 27 engineer.  The engineer shall conduct a technical
  1 28 review of an application to ensure that the
  1 29 construction does not violate state law, including
  1 30 rules adopted by the department, and addresses
  1 31 criteria required by the engineer, including the
  1 32 environmental sensitivity of the site, the area's soil
  1 33 condition, the proximity of the structure to surface
  1 34 water, the level of the area's water table, the
  1 35 potential for flooding, and drainage.
  1 36    6.  If the department approves an application, the
  1 37 permit must be conditioned upon inspection of the
  1 38 construction by the engineer during each phase of
  1 39 construction.  Any changes in the construction must be
  1 40 approved by the engineer, and noted on final as-built
  1 41 drawings and specifications which must be filed with
  1 42 the county.  A copy of the approved final as-built
  1 43 drawings and specifications shall be forwarded to the
  1 44 department for filing.  The department shall annually
  1 45 reimburse each county for an amount expended by the
  1 46 county in recommending the approval of a construction
  1 47 permit prior to departmental approval.
  1 48    7.  An applicant shall reimburse the county for the
  1 49 amount expended by the county in inspecting each phase
  1 50 of construction, and approving final as-built drawings
  2  1 and specifications for the construction."
  2  2    #2.  By renumbering as necessary.  
  2  3 
  2  4 
  2  5                               
  2  6 KOENIGS of Mitchell
  2  7 HF 708.302 77
  2  8 da/cf/28
     

Text: H01406                            Text: H01408
Text: H01400 - H01499                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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