Text: H01409 Text: H01411 Text: H01400 - H01499 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend House File 708 as follows: 1 2 #1. Page 18, by inserting after line 23 the 1 3 following: 1 4 "Section . Section 335.2, Code 1997, is amended 1 5 to read as follows: 1 6 335.2 FARMS EXEMPT. 1 7 1. Exceptto the extent required to implement1 8section 335.27, noas provided in subsection 2, an 1 9 ordinance adopted under this chapterappliesshall not 1 10 apply to land,farmincluding houses,farmbarns,farm1 11 outbuildings, or other buildings or structures located 1 12 on land whichareis primarily adapted, by reason of 1 13 nature and area, foruse foragricultural purposes, 1 14 while so used.However, the ordinances may apply to1 15any1 16 2. Subsection 1 shall not apply to any of the 1 17 following: 1 18 a. The construction or expansion of an anaerobic 1 19 lagoon or earthen manure storage basin used in 1 20 connection with an animal feeding operation regulated 1 21 by the department of natural resources as provided in 1 22 chapter 455B. 1 23 b. An ordinance required to implement an 1 24 agricultural preservation ordinance, as provided in 1 25 section 335.27. 1 26 c. A structure, building, dam, obstruction, 1 27 deposit or excavation in or on the flood plains of any 1 28 river or stream." 1 29 #2. Page 19, by inserting after line 11 the 1 30 following: 1 31 "Sec. . Section 455B.112, Code 1997, is amended 1 32 to read as follows: 1 33 455B.112 ACTIONS BY ATTORNEY GENERAL. 1 34 In addition to the duty to commence legal 1 35 proceedings at the request of the director or 1 36 commission under this chapter, the attorney general 1 37 may institute civil or criminal proceedings, including 1 38 an action for injunction, to enforce the provisions of 1 39 this chapter including orders or permits issued or 1 40 rules adopted under this chapter or to enforce the 1 41 requirements of an ordinance adopted in a county 1 42 pursuant to section 455B.167 or 455B.205. 1 43 Sec. . NEW SECTION. 455B.167 AUTHORITY OF 1 44 COUNTIES. 1 45 1. A county may adopt an ordinance providing 1 46 requirements for the construction or expansion of an 1 47 anaerobic lagoon or earthen manure storage basin which 1 48 are more stringent than required in this part or rules 1 49 adopted by the department pursuant to this part, 1 50 including but not limited to providing separation 2 1 distance requirements greater than provided pursuant 2 2 to section 455B.161, requiring a separation distance 2 3 between an anaerobic lagoon or earthen manure storage 2 4 basin and the limits of a city, providing for more 2 5 stringent requirements for the expansion of an 2 6 anaerobic lagoon or earthen manure storage basin than 2 7 provided in section 455B.162, and not applying an 2 8 exemption provided pursuant to section 455B.165. 2 9 2. A person who violates a requirement adopted by 2 10 a county pursuant to this section shall be subject to 2 11 a civil penalty not to exceed five thousand dollars 2 12 for each day of such violation, unless the violation 2 13 is also a violation of state law. The violator shall 2 14 be subject to prosecution by the county attorney in 2 15 the county where the violation occurs. The person in 2 16 violation may be restrained by an injunction in an 2 17 action brought by the county attorney. The county 2 18 board of supervisors may refer the case for 2 19 prosecution to the attorney general who may initiate 2 20 and carry out the prosecution in cooperation with the 2 21 county attorney. 2 22 Sec. . Section 455B.171, Code 1997, is amended 2 23 by adding the following new subsections: 2 24 NEW SUBSECTION. 1A. "Anaerobic lagoon" means the 2 25 same as defined in section 455B.161. 2 26 NEW SUBSECTION. 2A. "Animal feeding operation 2 27 structure" means the same as defined in section 2 28 455B.161. 2 29 NEW SUBSECTION. 7A. "Earthen manure storage 2 30 basin" means the same as defined in section 455B.161. 2 31 NEW SUBSECTION. 29A. "Spray irrigation equipment" 2 32 means mechanical equipment commonly used for the 2 33 artificial application of water to growing crops if 2 34 the equipment is connected by hoses or pipes to an 2 35 animal feeding operation structure containing manure 2 36 and the equipment is used for the aerial application 2 37 of manure to growing crops. 2 38 Sec. . NEW SECTION. 455B.205 AUTHORITY OF 2 39 COUNTIES. 2 40 1. A county may adopt an ordinance providing 2 41 requirements for the storage of manure in an anaerobic 2 42 lagoon or earthen manure storage basin and for the 2 43 disposal of manure by using spray irrigation equipment 2 44 which are more stringent than required pursuant to 2 45 section 455B.201 or 455B.204, or rules adopted by the 2 46 department. 2 47 2. A person who violates a requirement adopted by 2 48 a county pursuant to this section shall be subject to 2 49 a civil penalty not to exceed ten thousand dollars for 2 50 each day of such violation, unless the violation is 3 1 also a violation of state law. The violator shall be 3 2 subject to prosecution by the county attorney in the 3 3 county where the violation occurs. The person in 3 4 violation may be restrained by an injunction in an 3 5 action brought by the county attorney. The county 3 6 board of supervisors may refer the case for 3 7 prosecution to the attorney general who may initiate 3 8 and carry out the prosecution in cooperation with the 3 9 county attorney." 3 10 3 11 3 12 3 13 KREIMAN of Davis 3 14 HF 708.509 77 3 15 da/jw/28
Text: H01409 Text: H01411 Text: H01400 - H01499 Text: H Index Bills and Amendments: General Index Bill History: General Index
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