Text: HSB00660                          Text: HSB00662
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Bills and Amendments: General Index     Bill History: General Index



House Study Bill 661

Bill Text

PAG LIN
  1  1    Section 1.  NEW SECTION.  7D.10A  ALLOCATION TO MANURE
  1  2 STORAGE INDEMNITY FUND.
  1  3    If moneys are not sufficient to support the manure storage
  1  4 indemnity fund as provided in chapter 204, the executive
  1  5 council may allocate from moneys in the general fund of the
  1  6 state, which are not otherwise obligated or encumbered, an
  1  7 amount to the manure storage indemnity fund as provided under
  1  8 section 204.2.  However, not more than a total of one million
  1  9 dollars shall be allocated to the manure storage indemnity
  1 10 fund at any time.
  1 11    Sec. 2.  Section 204.1, subsections 4, 8, and 9, Code 1997,
  1 12 are amended to read as follows:
  1 13    4.  "Department" means the department of agriculture and
  1 14 land stewardship natural resources.
  1 15    8.  "Manure storage structure" means a structure used to
  1 16 store manure as part of a confinement feeding operation
  1 17 subject to a construction permit issued by the department of
  1 18 natural resources pursuant to section 455B.173.  A manure
  1 19 storage structure includes, but is not limited to, an
  1 20 anaerobic lagoon, formed manure storage structure, or earthen
  1 21 manure storage basin, the same as defined in section 455B.161
  1 22 455B.171.
  1 23    9.  "Permittee" means a person who, pursuant to section
  1 24 455B.200A, obtains a permit for the construction of a manure
  1 25 storage structure, or a confinement feeding operation, if a
  1 26 manure storage structure is connected to the confinement
  1 27 feeding operation.
  1 28    Sec. 3.  Section 204.2, subsections 2, 3, and 5, Code 1997,
  1 29 are amended to read as follows:
  1 30    2.  The fund consists of moneys from indemnity fees
  1 31 remitted by permittees to the department of natural resources
  1 32 and transferred to the department of agriculture and land
  1 33 stewardship as provided in section 204.3; moneys from
  1 34 indemnity fees remitted by persons required to submit manure
  1 35 management plans to the department pursuant to section 204.3A;
  2  1 sums collected on behalf of the fund by the department through
  2  2 legal action or settlement; moneys required to be repaid to
  2  3 the department by a county pursuant to this chapter; civil
  2  4 penalties assessed and collected by the department of natural
  2  5 resources or the attorney general pursuant to chapter 455B,
  2  6 against permittees animal feeding operations; moneys paid as a
  2  7 settlement involving an enforcement action for a civil penalty
  2  8 subject to assessment and collection against permittees by the
  2  9 department of natural resources or the attorney general
  2 10 pursuant to chapter 455B; interest, property, and securities
  2 11 acquired through the use of moneys in the fund; or moneys
  2 12 contributed to the fund from other sources.
  2 13    3.  The moneys collected under this section and shall be
  2 14 deposited in the fund and shall be appropriated to the
  2 15 department for the exclusive purpose of indemnifying a county
  2 16 for expenses related to cleaning up the site of the
  2 17 confinement feeding operation, including removing and
  2 18 disposing of manure from a manure storage structure providing
  2 19 moneys for cleanup of abandoned facilities as provided in
  2 20 section 204.4, and to pay the department for costs related to
  2 21 administering the provisions of this chapter.  For each fiscal
  2 22 year, the department shall not use more than one percent of
  2 23 the total amount which is available in the fund or ten
  2 24 thousand dollars, whichever is less, to pay for the costs of
  2 25 administration.  Moneys in the fund shall not be subject to
  2 26 appropriation or expenditure for any other purpose than
  2 27 provided in this section.
  2 28    5.  The following shall apply to moneys in the fund:
  2 29    a.  On August 31 following the close of each fiscal year,
  2 30 moneys in the fund which are not obligated or encumbered on
  2 31 June 30 of the past fiscal year, less not counting the
  2 32 department's estimate of the cost to the fund for pending or
  2 33 unsettled claims and any amount required to be credited to the
  2 34 general fund of the state under this subsection, and which are
  2 35 in excess of one three million dollars, shall be deposited in
  3  1 the organic nutrient management fund as created in section
  3  2 161C.5 for purposes of supporting the organic nutrient
  3  3 management program.
  3  4    b.  The executive council may allocate moneys from the
  3  5 general fund of the state as provided in section 7D.10A in an
  3  6 amount necessary to support the fund, including payment of
  3  7 claims as provided in section 204.4.  However, an allocation
  3  8 of moneys from the general fund of the state shall be made
  3  9 only if the amount of moneys in the fund, which are not
  3 10 obligated or encumbered, and not counting the department's
  3 11 estimate of the cost to the fund for pending or unsettled
  3 12 claims and any amount required to be credited to the general
  3 13 fund of the state under this subsection, is less than one
  3 14 million dollars.
  3 15    c.  The department shall credit an amount to the general
  3 16 fund of the state which is equal to an amount allocated to the
  3 17 fund by the executive council under paragraph "b".  The
  3 18 department shall credit the moneys to the general fund of the
  3 19 state, if the moneys in the fund which are not obligated or
  3 20 encumbered, and not counting the department's estimate of the
  3 21 cost to the fund for pending or unsettled claims and any
  3 22 amount required to be transferred to the general fund under
  3 23 this paragraph, are in excess of two million five hundred
  3 24 thousand dollars.  The department is not required to credit
  3 25 the total amount to the general fund of the state during any
  3 26 one fiscal year.
  3 27    Sec. 4.  Section 204.3, Code 1997, is amended to read as
  3 28 follows:
  3 29    204.3  FEES.
  3 30    An indemnity fee shall be assessed upon permittees which
  3 31 shall be paid to and collected by the department of natural
  3 32 resources, prior to issuing a permit for the construction of a
  3 33 confinement feeding operation as provided in section 455B.173
  3 34 455B.200A.  The amount of the fees shall be based on the
  3 35 following:
  4  1    1.  If the confinement feeding operation has an animal
  4  2 weight capacity of less than six hundred twenty-five thousand
  4  3 pounds, the following shall apply:
  4  4    a.  For all animals other than poultry, the amount of the
  4  5 fee shall be five ten cents per animal unit of capacity for
  4  6 confinement feeding operations.
  4  7    b.  For poultry, the amount of the fee shall be two four
  4  8 cents per animal unit of capacity for confinement feeding
  4  9 operations.
  4 10    2.  If the confinement feeding operation has an animal
  4 11 weight capacity of six hundred twenty-five thousand or more
  4 12 pounds but less than one million two hundred fifty thousand
  4 13 pounds, the following shall apply:
  4 14    a.  For all animals other than poultry, the amount of the
  4 15 fee shall be seven and one-half fifteen cents per animal unit
  4 16 of capacity for confinement feeding operations.
  4 17    b.  For poultry, the amount of the fee shall be three six
  4 18 cents per animal unit of capacity for confinement feeding
  4 19 operations.
  4 20    3.  If the confinement feeding operation has an animal
  4 21 weight capacity of one million two hundred fifty thousand or
  4 22 more pounds, the following shall apply:
  4 23    a.  For all animals other than poultry, the amount of the
  4 24 fee shall be ten twenty cents per animal unit of capacity for
  4 25 confinement feeding operations.
  4 26    b.  For poultry, the amount of the fee shall be four eight
  4 27 cents per animal unit of capacity for confinement feeding
  4 28 operations.
  4 29    The department of natural resources shall deposit moneys
  4 30 collected from the fees into the fund according to procedures
  4 31 adopted by the department of agriculture and land stewardship.
  4 32    Sec. 5.  NEW SECTION.  204.3A  MANURE MANAGEMENT PLAN –
  4 33 INDEMNITY FEE REQUIRED.
  4 34    An indemnity fee shall be assessed upon persons required to
  4 35 submit a manure management plan as provided in chapter 455B,
  5  1 but not required to obtain a construction permit pursuant to
  5  2 section 455B.200A.  The amount of the fees shall be ten cents
  5  3 per animal unit of capacity for confinement feeding
  5  4 operations.
  5  5    Sec. 6.  Section 204.4, subsection 1, Code 1997, is amended
  5  6 to read as follows:
  5  7    1.  A county that has acquired real estate containing a
  5  8 manure storage structure following nonpayment of taxes
  5  9 pursuant to section 446.19, may make a claim against the fund
  5 10 to pay the costs of cleaning up the site of the confinement
  5 11 feeding operation, including the costs of removing and
  5 12 disposing of the manure from a manure storage structure
  5 13 cleanup costs incurred by the county as provided in section
  5 14 204.5.  Each claim shall include a bid by a qualified person,
  5 15 other than a governmental entity, to remove and dispose of the
  5 16 manure for a fixed amount specified in the bid.
  5 17    Sec. 7.  NEW SECTION.  204.4A  USE OF FUND FOR EMERGENCY
  5 18 CLEANUP.
  5 19    If the department provides cleanup of a condition caused by
  5 20 a confinement feeding operation as provided in section 204.5,
  5 21 the department may use moneys in the fund for purposes of
  5 22 supporting the cleanup.  The department shall reimburse the
  5 23 fund from moneys recovered by the department as reimbursement
  5 24 for the cleanup as provided in section 204.5.
  5 25    Sec. 8.  Section 204.5, Code 1997, is amended to read as
  5 26 follows:
  5 27    204.5  SITE CLEANUP.
  5 28    1.  a.  A county which that has acquired real estate
  5 29 containing on which there is located a confinement feeding
  5 30 operation structure, as defined in section 455B.161, following
  5 31 the nonpayment of taxes pursuant to section 446.19, may clean
  5 32 up the site provide for cleanup, including removing and
  5 33 disposing of manure at any time, remediating contamination
  5 34 which originates from the confinement feeding operation, or
  5 35 demolishing and disposing of structures relating to the
  6  1 confinement feeding operation.  The county may seek
  6  2 reimbursement including by bringing an action for the costs of
  6  3 the removal and disposal cleanup from the person abandoning
  6  4 the real estate.
  6  5    b.  If the confinement feeding operation has caused a
  6  6 clear, present, and impending danger to the public health or
  6  7 the environment, the department may clean up the confinement
  6  8 feeding operation and remediate contamination which originates
  6  9 from the confinement feeding operation, pursuant to sections
  6 10 455B.381 through 455B.399.  The department may seek
  6 11 reimbursement including by bringing an action for the costs of
  6 12 the cleanup from a person liable for causing the condition.
  6 13    2.  A person cleaning up a site confinement feeding
  6 14 operation located on real estate acquired by a county may
  6 15 demolish or dispose of any building or equipment used in of
  6 16 the confinement feeding operation located on the land
  6 17 according to rules adopted by the department of natural
  6 18 resources pursuant to chapter 17A, which apply to the disposal
  6 19 of farm buildings or equipment by an individual or business
  6 20 organization.
  6 21    Sec. 9.  NEW SECTION.  331.304A  LIMITATIONS ON COUNTY
  6 22 LEGISLATION.
  6 23    1.  As used in this section:
  6 24    a.  "Agricultural operation" means a condition or activity
  6 25 which occurs on land used for the production of agricultural
  6 26 commodities, including but not limited to the raising,
  6 27 harvesting, handling, drying, or storage of crops for feed,
  6 28 food, seed, or fiber; the care or feeding of livestock; the
  6 29 handling or transportation of crops or livestock; the storage,
  6 30 treatment, or disposal of livestock manure; and the
  6 31 application of fertilizers, soil conditioners, pesticides, and
  6 32 herbicides on crops.
  6 33    b.  "County legislation" means any ordinance, motion,
  6 34 resolution, or amendment adopted by a county pursuant to
  6 35 section 331.302.
  7  1    2.  A county shall not adopt or enforce county legislation
  7  2 regulating an agricultural operation unless expressly
  7  3 authorized by state law.  County legislation adopted in
  7  4 violation of this section is void and unenforceable and any
  7  5 enforcement activity conducted in violation of this section is
  7  6 void.
  7  7    Sec. 10.  Section 455B.104, Code 1997, is amended to read
  7  8 as follows:
  7  9    455B.104  DEPARTMENTAL DUTIES – PERMITS – REQUIREMENTS
  7 10 AND ASSISTANCE.
  7 11    1.  The department shall either approve or deny a permit to
  7 12 a person applying for a permit under this chapter, within six
  7 13 months from the date that the department receives a completed
  7 14 application for the permit.  An application which is not
  7 15 approved or denied within the six-month period shall be
  7 16 approved by default.  The department shall issue a permit to
  7 17 the applicant within ten days following the date of default
  7 18 approval.  However, this section subsection shall not apply to
  7 19 applications for permits which are issued under division II,
  7 20 or division IV, parts 2 through 7.
  7 21    2.  The department shall not issue a permit to a person
  7 22 under this chapter for five years after the date of the last
  7 23 violation committed by the person or by a confinement feeding
  7 24 operation in which the person holds a controlling interest
  7 25 during which the person or operation was classified as a
  7 26 habitual violator under section 455B.191.
  7 27    3.  The department shall assist persons applying for
  7 28 assistance to establish and operate renewable fuel production
  7 29 facilities pursuant to the value-added agricultural products
  7 30 and processes financial assistance program established in
  7 31 section 15E.111.
  7 32    Sec. 11.  Section 455B.161, Code 1997, is amended by adding
  7 33 the following new subsections:
  7 34    NEW SUBSECTION.  0A.  "Aerobic structure" means an animal
  7 35 feeding operation structure other than an egg washwater
  8  1 storage structure which employs bacterial action which is
  8  2 maintained by the utilization of air or oxygen and which
  8  3 includes aeration equipment.
  8  4    NEW SUBSECTION.  21.  "Unformed manure storage structure"
  8  5 means a covered or uncovered animal feeding operation
  8  6 structure, other than a formed manure storage structure, which
  8  7 is an anaerobic lagoon, aerobic structure, or earthen manure
  8  8 storage basin.
  8  9    Sec. 12.  NEW SECTION.  455B.161A  CONFINEMENT FEEDING
  8 10 OPERATIONS – CALCULATING ADJACENCY.
  8 11    For purposes of this part, two or more confinement feeding
  8 12 operations are adjacent, if any of the following apply:
  8 13    1.  The confinement feeding operations are separated at
  8 14 their closest points by a distance of one thousand two hundred
  8 15 fifty feet or less.
  8 16    2.  All of the following apply:
  8 17    a.  The confinement feeding operations are separated at
  8 18 their closest points by two thousand five hundred feet or
  8 19 less.
  8 20    b.  The confinement feeding operations have a combined
  8 21 animal weight capacity of six hundred twenty-five thousand
  8 22 pounds or more for animals other than bovine or one million
  8 23 six hundred thousand pounds or more for bovine.
  8 24    Sec. 13.  Section 455B.162, unnumbered paragraph 1, Code
  8 25 1997, is amended to read as follows:
  8 26    The following shall apply to animal feeding operation
  8 27 structures:
  8 28    1.  Except as provided in subsection 2, and sections
  8 29 455B.163 and 455B.165, this subsection applies to animal
  8 30 feeding operation structures constructed on or after May 31,
  8 31 1995, but prior to the effective date of this Act; to the
  8 32 expansion of structures constructed on or after May 31, 1995;
  8 33 or, except as provided in section 455B.163, but prior to the
  8 34 effective date of this Act; and to the expansion of structures
  8 35 constructed prior to May 31, 1995:.
  9  1    Sec. 14.  Section 455B.162, subsection 1, Code 1997, is
  9  2 amended to read as follows:
  9  3    1.  Except as provided in subsection 2, the following table
  9  4 shall apply to animal feeding operation structures:
  9  5    a.  The following table represents the minimum separation
  9  6 distance in feet required between an animal feeding operation
  9  7 structure and a residence not owned by the owner of the animal
  9  8 feeding operation, or a commercial enterprise, bona fide
  9  9 religious institution, or an educational institution:  
  9 10                                   Minimum
  9 11                                   separation
  9 12                                   distance in
  9 13                                   feet for
  9 14                                   operations
  9 15                    Minimum        having an
  9 16                    separation     animal         Minimum
  9 17                    distance in    weight         separation
  9 18                    feet for       capacity of    distance in
  9 19                    operations     625,000 or     feet for
  9 20                    having an      more pounds    operations
  9 21                    animal         but less than  having an
  9 22                    weight         1,250,000      animal
  9 23                    capacity of    pounds for     weight
  9 24                    less than      animals other  capacity of
  9 25                    625,000        than bovine,   1,250,000 or
  9 26                    pounds for     or 1,600,000   more pounds
  9 27                    animals other  or more        for animals
  9 28                    than bovine,   pounds but     other than
  9 29                    or less than   less than      bovine, or
  9 30                    1,600,000      4,000,000      4,000,000 or
  9 31                    pounds for     pounds for     more pounds
  9 32 Type of structure  bovine         bovine         for bovine
  9 33 Anaerobic 
  9 34   lagoon           1,250          1,875            2,500
  9 35 Uncovered earthen
 10  1   manure storage
 10  2   basin            1,250          1,875            2,500
 10  3 Uncovered formed
 10  4   manure storage
 10  5   structure        1,000          1,500            2,000
 10  6 Covered earthen 
 10  7   manure storage
 10  8   basin              750          1,000            1,500
 10  9 Covered formed 
 10 10   manure storage 
 10 11   structure          750          1,000            1,500
 10 12 Confinement 
 10 13   building           750          1,000            1,500
 10 14 Egg washwater 
 10 15   storage structure  750          1,000            1,500
 10 16    1A.  Except as provided in subsection 2, and sections
 10 17 455B.163 and 455B.165, this subsection applies to animal
 10 18 feeding operation structures constructed on or after the
 10 19 effective date of this Act and to the expansion of structures
 10 20 constructed on or after the effective date of this Act.  The
 10 21 following table represents the minimum separation distance in
 10 22 feet required between an animal feeding operation structure
 10 23 and a residence not owned by the owner of the animal feeding
 10 24 operation, or a commercial enterprise, bona fide religious
 10 25 institution, or an educational institution:
 10 26  
 10 27                                   Minimum
 10 28                                   separation
 10 29                                   distance in
 10 30                                   feet for
 10 31                                   operations
 10 32                    Minimum        having an
 10 33                    separation     animal         Minimum
 10 34                    distance in    weight         separation
 10 35                    feet for       capacity of    distance in
 11  1                    operations     625,000 or     feet for
 11  2                    having an      more pounds    operations
 11  3                    animal         but less than  having an
 11  4                    weight         1,250,000      animal
 11  5                    capacity of    pounds for     weight
 11  6                    less than      animals other  capacity of
 11  7                    625,000        than bovine,   1,250,000 or
 11  8                    pounds for     or 1,600,000   more pounds
 11  9                    animals other  or more        for animals
 11 10                    than bovine,   pounds but     other than
 11 11                    or less than   less than      bovine, or
 11 12                    1,600,000      4,000,000      4,000,000 or
 11 13                    pounds for     pounds for     more pounds
 11 14 Type of structure  bovine         bovine         for bovine
 11 15 Anaerobic 
 11 16   lagoon           1,250          1,875            2,500
 11 17 Uncovered earthen
 11 18   manure storage
 11 19   basin            1,250          1,875            2,500
 11 20 Uncovered formed
 11 21   manure storage
 11 22   structure        1,250          1,500            2,000
 11 23 Covered earthen 
 11 24   manure storage
 11 25   basin            1,250          1,500            1,875
 11 26 Covered formed 
 11 27   manure storage 
 11 28   structure        1,250          1,500            1,875
 11 29 Confinement 
 11 30   building         1,250          1,500            1,875
 11 31 Egg washwater
 11 32   storage
 11 33   structure        1,250          1,500            1,875
 11 34    b. 1B.  Except as provided in subsection 2, and sections
 11 35 455B.163 and 455B.165, this subsection applies to animal
 12  1 feeding operation structures constructed on or after May 31,
 12  2 1995; to the expansion of structures constructed on or after
 12  3 May 31, 1995; and to the expansion of structures constructed
 12  4 prior to May 31, 1995.  The following table represents the
 12  5 minimum separation distance in feet required between animal
 12  6 feeding operation structures and a public use area or a
 12  7 residence not owned by the owner of the animal feeding
 12  8 operation, a commercial enterprise, a bona fide religious
 12  9 institution, or an educational institution located within the
 12 10 corporate limits of a city:  
 12 11                                   Minimum
 12 12                                   separation
 12 13                                   distance in
 12 14                                   feet for
 12 15                                   operations
 12 16                    Minimum        having an
 12 17                    separation     animal         Minimum
 12 18                    distance in    weight         separation
 12 19                    feet for       capacity of    distance in
 12 20                    operations     625,000 or     feet for
 12 21                    having an      more pounds    operations
 12 22                    animal         but less than  having an
 12 23                    weight         1,250,000      animal
 12 24                    capacity of    pounds for     weight
 12 25                    less than      animals other  capacity of
 12 26                    625,000        than bovine,   1,250,000 or
 12 27                    pounds for     or 1,600,000   more pounds
 12 28                    animals other  or more        for animals
 12 29                    than bovine,   pounds but     other than
 12 30                    or less than   less than      bovine, or
 12 31                    1,600,000      4,000,000      4,000,000 or
 12 32                    pounds for     pounds for     more pounds
 12 33 Type of structure  bovine         bovine         for bovine
 12 34 Animal feeding
 12 35   operation
 13  1   structure        1,250          1,875            2,500
 13  2    1C.  On and after the effective date of this Act an animal
 13  3 feeding operation structure shall not be constructed or
 13  4 expanded within two hundred fifty feet from a road, street,
 13  5 bridge, or thoroughfare which is constructed or maintained by
 13  6 the state or a political subdivision.  However, a county where
 13  7 the road is located may reduce the number of feet required
 13  8 pursuant to this subsection by county legislation as provided
 13  9 in section 331.302.
 13 10    Sec. 15.  Section 455B.162, subsection 2, paragraph a, Code
 13 11 1997, is amended to read as follows:
 13 12    a.  As used in this subsection, a "qualified confinement
 13 13 feeding operation" means a confinement feeding operation
 13 14 having an animal weight capacity of two million or more pounds
 13 15 for animals other than animals kept in a swine farrow-to-
 13 16 finish operation or bovine kept in a confinement feeding
 13 17 operation; a swine farrow-to-finish operation having an animal
 13 18 weight capacity of two million five hundred thousand or more
 13 19 pounds; or a confinement feeding operation having an animal
 13 20 weight capacity of six eight million or more pounds for
 13 21 bovine.
 13 22    Sec. 16.  Section 455B.163, Code 1997, is amended to read
 13 23 as follows:
 13 24    455B.163  SEPARATION DISTANCE REQUIREMENTS FOR ANIMAL
 13 25 FEEDING OPERATIONS – EXPANSION OF PRIOR CONSTRUCTED
 13 26 STRUCTURES CONSTRUCTED PRIOR TO MAY 31, 1995.
 13 27    An animal feeding operation constructed prior to the date
 13 28 that a distance requirement became effective under section
 13 29 455B.162 and which does not comply with the section's distance
 13 30 requirements of section 455B.162 on May 31, 1995, requirements
 13 31 may continue to operate regardless of those separation
 13 32 distances the distance requirements.  The animal feeding
 13 33 operation may be expanded on or after May 31, 1995, regardless
 13 34 of those separation distances, if either of the following
 13 35 applies:
 14  1    1.  The animal feeding operation structure as constructed
 14  2 or expanded complies with the current distance requirements
 14  3 requirement of section 455B.162.
 14  4    2.  All of the following apply to the expansion of the
 14  5 animal feeding operation:
 14  6    a.  No portion of the animal feeding operation after
 14  7 expansion is closer than before expansion to a location or
 14  8 object for which separation is currently required under
 14  9 section 455B.162.
 14 10    b.  The animal weight capacity of the animal feeding
 14 11 operation as expanded is not more than the lesser of the
 14 12 following:
 14 13    (1)  Double its capacity on May 31, 1995, for an animal
 14 14 feeding operation constructed prior to May 31, 1995, or on the
 14 15 effective date of this Act, for an animal feeding operation
 14 16 constructed after May 31, 1995, and before the effective date
 14 17 of this Act.
 14 18    (2)  Either of the following:
 14 19    (a)  Six hundred twenty-five thousand pounds animal weight
 14 20 capacity for animals other than bovine.
 14 21    (b)  One million six hundred thousand pounds animal weight
 14 22 capacity for bovine.
 14 23    Sec. 17.  Section 455B.164, Code 1997, is amended to read
 14 24 as follows:
 14 25    455B.164  DISTANCE MEASUREMENTS.
 14 26    All distances between locations or objects provided in this
 14 27 part shall be measured from their closest points, as provided
 14 28 by rules adopted by the department.  However, a distance from
 14 29 a road, street, or thoroughfare shall be measured from the
 14 30 portion of the right-of-way which is furthest from the road,
 14 31 street, or thoroughfare.
 14 32    Sec. 18.  Section 455B.165, subsection 5, Code 1997, is
 14 33 amended to read as follows:
 14 34    5.  An animal feeding operation structure which is located
 14 35 constructed or expanded within any distance from a residence,
 15  1 educational institution, commercial enterprise, bona fide
 15  2 religious institution, city, or public use area, if the
 15  3 residence, educational institution, commercial enterprise, or
 15  4 bona fide religious institution was constructed or expanded,
 15  5 or the boundaries of the city or public use area were
 15  6 expanded, after the date that the animal feeding operation was
 15  7 established.  The date the animal feeding operation was
 15  8 established is the date on which the animal feeding operation
 15  9 commenced operating.  A change in ownership or expansion of
 15 10 the animal feeding operation shall not change the established
 15 11 date of operation.
 15 12    Sec. 19.  Section 455B.171, Code Supplement 1997, is
 15 13 amended by adding the following new subsections:
 15 14    NEW SUBSECTION.  0A.  "Aerobic structure" means the same as
 15 15 defined in section 455B.161.
 15 16    NEW SUBSECTION.  1A.  "Anaerobic lagoon" means the same as
 15 17 defined in section 455B.161.
 15 18    NEW SUBSECTION.  2A.  "Animal feeding operation structure"
 15 19 means the same as defined in section 455B.161.
 15 20    NEW SUBSECTION.  3A.  "Commercial manure applicator" means
 15 21 a person who engages in the business and charges a fee for
 15 22 applying manure on the land of another person.
 15 23    NEW SUBSECTION.  7A.  "Earthen manure storage basin" means
 15 24 the same as defined in section 455B.161.
 15 25    NEW SUBSECTION.  12A.  "Manure storage structure" means an
 15 26 animal feeding operation structure used to store manure as
 15 27 part of a confinement feeding operation, including but not
 15 28 limited to a formed or unformed manure storage structure.
 15 29    NEW SUBSECTION.  23A.  "Restricted spray irrigation
 15 30 equipment" means spray irrigation equipment which disperses
 15 31 manure through an orifice at a rate of eighty pounds per
 15 32 square inch or more.
 15 33    NEW SUBSECTION.  31A.  "Spray irrigation equipment" means
 15 34 mechanical equipment used for the aerial application of
 15 35 manure, if the equipment receives manure from a manure storage
 16  1 structure during application via a pipe or hose connected to
 16  2 the structure, and includes a type of equipment customarily
 16  3 used for the aerial application of water to aid the growing of
 16  4 general farm crops.
 16  5    NEW SUBSECTION.  32A.  "Unformed manure storage structure"
 16  6 means the same as defined in section 455B.161.
 16  7    NEW SUBSECTION.  38.  "Watercourse" means the same as
 16  8 defined in section 455B.261.
 16  9    Sec. 20.  Section 455B.173, subsection 13, Code 1997, is
 16 10 amended by striking the subsection and inserting in lieu
 16 11 thereof the following:
 16 12    13.  Adopt, modify, or repeal rules relating to the
 16 13 construction or operation of animal feeding operations, as
 16 14 provided in sections relating to animal feeding operations
 16 15 provided in this part.
 16 16    Sec. 21.  Section 455B.191, subsection 7, unnumbered
 16 17 paragraph 2, Code 1997, is amended to read as follows:
 16 18    This subsection shall not apply unless the department of
 16 19 natural resources has previously notified the person of the
 16 20 person's classification as a habitual violator as provided in
 16 21 section 455B.173.  The department shall notify persons
 16 22 classified as habitual violators of their classification,
 16 23 additional restrictions imposed upon the persons pursuant to
 16 24 the classification, and special civil penalties that may be
 16 25 imposed upon the persons.  The notice shall be sent to the
 16 26 persons by certified mail.
 16 27    Sec. 22.  NEW SECTION.  455B.200  GENERAL.
 16 28    The commission shall establish by rule adopted pursuant to
 16 29 chapter 17A, requirements relating to the construction,
 16 30 including expansion, or operation of animal feeding
 16 31 operations, including related animal feeding operation
 16 32 structures.  The requirements shall include but are not
 16 33 limited to minimum manure control, the issuance of permits,
 16 34 and departmental investigations, inspections, and testing.
 16 35    Sec. 23.  NEW SECTION.  455B.200A  PERMIT REQUIREMENTS.
 17  1    1.  The department shall issue permits for the construction
 17  2 of animal feeding operation structures, including structures
 17  3 which are part of confinement feeding operations, as provided
 17  4 by rules adopted pursuant to section 455B.200.  The department
 17  5 shall issue a permit to an animal feeding operation if an
 17  6 application is submitted according to procedures required by
 17  7 the department and the application meets standards established
 17  8 by the department, regardless of whether the animal feeding
 17  9 operation is required to obtain such a permit.  The department
 17 10 shall not require that a person obtain a permit for the
 17 11 construction of an animal feeding operation structure if the
 17 12 structure is part of a small animal feeding operation.  For
 17 13 purposes of this section, an animal feeding operation
 17 14 structure includes a manure storage structure.
 17 15    2.  The department shall not issue a permit for the
 17 16 construction of an animal feeding operation structure which is
 17 17 part of a confinement feeding operation unless the person
 17 18 submits all of the following:
 17 19    a.  An indemnity fee as provided in section 204.3 which the
 17 20 department shall deposit into the manure storage indemnity
 17 21 fund created in section 204.2.
 17 22    b.  A manure management plan as provided in section
 17 23 455B.203.
 17 24    3.  The department shall not issue a permit for the
 17 25 construction of three or more animal feeding operation
 17 26 structures unless the applicant files a statement approved by
 17 27 a professional engineer registered pursuant to chapter 542B
 17 28 certifying that the construction of the animal feeding
 17 29 operation structures will not impede the drainage through
 17 30 established drainage tile lines which cross property boundary
 17 31 lines unless measures are taken to reestablish the drainage
 17 32 prior to completion of construction.
 17 33    4.  The department shall cooperate with the natural
 17 34 resources conservation service of the United States department
 17 35 of agriculture.  To the extent allowed by the service, the
 18  1 department shall consult with the service regarding the
 18  2 proposed site of an animal feeding operation structure which
 18  3 is part of a confinement feeding operation and may require
 18  4 that an applicant submit an evaluation of the proposed site
 18  5 prepared by the service.
 18  6    The department may adopt a recommendation by the service
 18  7 that an unformed manure storage structure be constructed with
 18  8 a secondary containment barrier, unless the department
 18  9 determines that the recommendation is unsupportable by any
 18 10 scientific or engineering evidence.  The department shall
 18 11 require that a secondary containment barrier be constructed
 18 12 with materials and according to specifications required by the
 18 13 department.
 18 14    5.  An applicant for a construction permit shall not begin
 18 15 construction at the location of a site planned for the
 18 16 construction of an animal feeding operation structure until
 18 17 the person has been granted a permit for the construction of
 18 18 the structure by the department.
 18 19    6.  The department shall make a determination regarding the
 18 20 approval or denial of a permit within sixty days from the date
 18 21 that the department receives a completed application for a
 18 22 permit.  However, the sixty-day requirement shall not apply to
 18 23 an application if the applicant is not required to obtain a
 18 24 permit in order to construct an animal feeding operation
 18 25 structure or to operate an animal feeding operation.
 18 26    7.  The department shall deliver a copy or require the
 18 27 applicant to deliver a copy of the application for a
 18 28 construction permit and the applicant's manure management plan
 18 29 to the county board of supervisors in the county where the
 18 30 confinement feeding operation or related animal feeding
 18 31 operation structure subject to the permit is to be located.
 18 32    a.  The department shall not approve the application until
 18 33 thirty days following delivery of the application to the
 18 34 county board of supervisors.
 18 35    b.  The county board of supervisors may hold a public
 19  1 hearing to receive public comments regarding the application.
 19  2 The county board of supervisors may submit comments by the
 19  3 board and the public to the department as provided in this
 19  4 section.  The comments may include, but are not limited to,
 19  5 any of the following:
 19  6    (1)  The existence of a structure or area not included in
 19  7 the permit application which benefits from a separation
 19  8 distance requirement as provided in section 455B.162 or
 19  9 455B.204.
 19 10    (2)  The suitability of soils and the hydrology of the site
 19 11 where construction is proposed.
 19 12    (3)  The availability of land for the application of manure
 19 13 originating from the confinement feeding operation.
 19 14    (4)  The impact of construction upon established drainage
 19 15 tile lines which cross the property boundaries of the site
 19 16 where the construction is proposed.
 19 17    c.  The department shall consider and respond to comments
 19 18 submitted by the county board of supervisors regarding
 19 19 compliance by the applicant with the legal requirements for
 19 20 approving the construction permit as provided in this chapter,
 19 21 including rules adopted by the commission pursuant to this
 19 22 chapter, if the comments are delivered to the department
 19 23 within thirty days after receipt of the application by the
 19 24 county board of supervisors.
 19 25    d.  The department shall notify the county board of
 19 26 supervisors three days prior to conducting an inspection of
 19 27 the site where the construction is proposed.
 19 28    e.  The department shall notify the county board of
 19 29 supervisors of the department's decision to approve or
 19 30 disapprove an application for a construction permit within
 19 31 three days following the department's decision.  The county
 19 32 board of supervisors may contest the decision as provided by
 19 33 rules adopted by the commission in conformance with chapter
 19 34 17A.  In contesting the decision, the county shall submit a
 19 35 statement to the department, providing all reasons why the
 20  1 application should be approved or disapproved according to
 20  2 legal requirements provided in this chapter.  The statement
 20  3 shall include an evaluation of the construction permit
 20  4 application by the field office of the natural resources and
 20  5 conservation service of the United States department of
 20  6 agriculture serving the county, to the extent that the natural
 20  7 resources and conservation service agrees to assist the county
 20  8 in preparing an evaluation.
 20  9    (1)  The county board of supervisors must contest the
 20 10 decision within fourteen days following receipt of the
 20 11 department's notice to approve or disapprove the application.
 20 12    (2)  The contested case shall be heard by an administrative
 20 13 law judge who shall develop an expertise regarding legal
 20 14 requirements necessary in order to approve an application and
 20 15 issue a permit for the construction of an animal feeding
 20 16 operation structure.  The proposed decision of the
 20 17 administrative law judge may be appealed to the commission for
 20 18 final agency action.
 20 19    8.  Prior to issuing a permit to a person for the
 20 20 construction of an animal feeding operation, the department
 20 21 may require the installation and operation of a hydrological
 20 22 monitoring system for an exclusively earthen manure storage
 20 23 structure according to rules which shall be adopted by the
 20 24 department.
 20 25    9.  a.  The department shall not issue a permit to a person
 20 26 under this section if an enforcement action by the department,
 20 27 relating to a violation of this chapter concerning a
 20 28 confinement feeding operation in which the person has an
 20 29 interest, is pending.
 20 30    b.  The department shall not issue a permit to a person
 20 31 under this section for five years after the date of the last
 20 32 violation committed by a person or confinement feeding
 20 33 operation in which the person holds a controlling interest
 20 34 during which the person or operation was classified as a
 20 35 habitual violator under section 455B.191.
 21  1    Sec. 24.  NEW SECTION.  455B.200B  CONFINEMENT FEEDING
 21  2 OPERATIONS – CALCULATING ADJACENCY.
 21  3    For purposes of this part, two or more confinement feeding
 21  4 operations are adjacent if any of the following apply:
 21  5    1.  The confinement feeding operations are separated at
 21  6 their closest points by a distance of one thousand two hundred
 21  7 fifty feet or less.
 21  8    2.  All of the following apply:
 21  9    a.  The confinement feeding operations are separated at
 21 10 their closest points by two thousand five hundred feet or
 21 11 less.
 21 12    b.  The confinement feeding operations have a combined
 21 13 animal weight capacity of six hundred twenty-five thousand
 21 14 pounds or more for animals other than bovine or one million
 21 15 six hundred thousand pounds or more for bovine.
 21 16    Sec. 25.  Section 455B.201, subsection 4, Code 1997, is
 21 17 amended by striking the subsection.
 21 18    Sec. 26.  Section 455B.202, Code Supplement 1997, is
 21 19 amended to read as follows:
 21 20    455B.202  CONFINEMENT FEEDING OPERATIONS – PENDING ACTIONS
 21 21 AND HABITUAL VIOLATORS.
 21 22    1.  As used in this section, "construction" unless the
 21 23 context otherwise requires:
 21 24    a.  "Chronic violator" means the same as defined in section
 21 25 657.11A.
 21 26    b.  "Construction" means the same as defined by rules
 21 27 adopted by the department applicable to the construction of
 21 28 animal feeding operation structures as provided in this part.
 21 29    c.  "Habitual violator" means a person classified as a
 21 30 habitual violator pursuant to section 455B.191.
 21 31    d.  "Suspect site" means a confinement feeding operation or
 21 32 land where a confinement feeding operation could be
 21 33 constructed, if the site is subject to a suspect transaction.
 21 34    e.  "Suspect transaction" means a transaction in which a
 21 35 habitual violator or chronic violator does any of the
 22  1 following:
 22  2    (1)  Transfers a controlling interest in a suspect site to
 22  3 any of the following:
 22  4    (a)  An employee of the habitual violator or chronic
 22  5 violator or business in which the person holds a controlling
 22  6 interest.
 22  7    (b)  A person who holds an interest in a business,
 22  8 including a confinement feeding operation, in which the
 22  9 habitual violator or chronic violator holds a controlling
 22 10 interest.
 22 11    (c)  A person related to the habitual violator or chronic
 22 12 violator as spouse, parent, grandparent, lineal ascendant of a
 22 13 grandparent or spouse and any other lineal descendant of the
 22 14 grandparent or spouse, or a person acting in a fiduciary
 22 15 capacity for a related person.
 22 16    (2)  Provides financing for the construction or operation
 22 17 of a confinement feeding operation to any person, by providing
 22 18 a contribution or loan to the person, or providing cash or
 22 19 other tangible collateral for a contribution or loan made by a
 22 20 third person.
 22 21    2.  a.  A person shall not construct or expand an animal
 22 22 feeding operation structure which is part of a confinement
 22 23 feeding operation, if the person is a any of the following:
 22 24    (1)  A party to a pending action for a violation of this
 22 25 chapter concerning a confinement feeding operation in which
 22 26 the person has a controlling interest and the action is
 22 27 commenced in district court by the attorney general.
 22 28    (2)  A habitual violator or a chronic violator.
 22 29    b.  A person shall not construct or expand an animal
 22 30 feeding operation structure which is part of a confinement
 22 31 feeding operation for five years after the date of the last
 22 32 violation committed by a person or confinement feeding
 22 33 operation in which the person holds a controlling interest
 22 34 during which the person or operation was classified as a
 22 35 habitual violator under section 455B.191.
 23  1    3. c.  This section subsection shall not prohibit a person
 23  2 from completing the construction or expansion of an animal
 23  3 feeding operation structure, if any of the following apply:
 23  4    a. (1)  The person has an unexpired permit for the
 23  5 construction or expansion of the animal feeding operation
 23  6 structure.
 23  7    b. (2)  The person is not required to obtain a permit for
 23  8 the construction or expansion of the animal feeding operation
 23  9 structure.
 23 10    3.  A suspect transaction shall be presumed to be made in
 23 11 order to avoid conditions and enhanced penalties imposed upon
 23 12 a habitual violator or chronic violator pursuant to this
 23 13 chapter.  A person receiving control of a suspect site
 23 14 pursuant to a suspect transaction shall be deemed to be an
 23 15 agent of the habitual violator or chronic violator, unless the
 23 16 habitual violator or chronic violator and the person receiving
 23 17 the controlling interest in the a suspect site because of the
 23 18 suspect transaction, both prove by clear and convincing
 23 19 evidence all of the following:
 23 20    a.  That the suspect transaction was for a legitimate
 23 21 business purpose made by parties exercising independent and
 23 22 reasonable judgment.
 23 23    b.  That the habitual violator or chronic violator does not
 23 24 exercise a controlling influence over the business affairs of
 23 25 the confinement feeding operation.
 23 26    If the person receiving control of a suspect site is deemed
 23 27 to be an agent of a habitual violator or chronic violator, the
 23 28 person shall not construct or expand an animal feeding
 23 29 operation structure which is part of a confinement feeding
 23 30 operation, for as long as the habitual violator or chronic
 23 31 violator, including the agent, or the confinement feeding
 23 32 operation is classified as a habitual violator or chronic
 23 33 violator.
 23 34    4.  The department shall conduct an annual review of each
 23 35 confinement feeding operation which is a habitual violator or
 24  1 chronic violator and each confinement feeding operation in
 24  2 which a habitual violator or chronic violator holds a
 24  3 controlling interest.
 24  4    Sec. 27.  Section 455B.203, subsection 1, Code 1997, is
 24  5 amended to read as follows:
 24  6    1.  In order to receive The following persons shall submit
 24  7 a manure management plan to the department:
 24  8    a.  The owner of a confinement feeding operation other than
 24  9 a small animal feeding operation.  A person shall not remove
 24 10 manure from a manure storage structure which is part of a
 24 11 confinement feeding operation unless the department approves a
 24 12 manure management plan submitted by the owner of the
 24 13 confinement feeding operation as provided by the department.
 24 14 The department may adopt rules allowing a person to remove
 24 15 manure from a manure storage structure until the manure
 24 16 management plan is approved or disapproved by the department
 24 17 according to terms and conditions required by the department.
 24 18 The department shall not issue a permit for the construction
 24 19 of a confinement feeding operation or a related animal feeding
 24 20 operation structure unless the applicant submits a manure
 24 21 management plan together with an application as provided in
 24 22 section 455B.173, a person shall submit a manure management
 24 23 plan to the department together with the application for a
 24 24 construction permit 455B.200A.
 24 25    b.  A person who owns a confinement feeding operation,
 24 26 other than a small animal feeding operation, in another state
 24 27 if the manure is applied on land located in this state.
 24 28    Sec. 28.  Section 455B.203, subsection 2, unnumbered
 24 29 paragraph 1, Code 1997, is amended to read as follows:
 24 30    A manure management plan shall conform with the
 24 31 requirements of section 455B.203B.  The plan shall include all
 24 32 of the following:
 24 33    Sec. 29.  Section 455B.203, subsection 3, Code 1997, is
 24 34 amended to read as follows:
 24 35    3.  a.  A person classified as a habitual violator or a
 25  1 confinement feeding operation in which a habitual violator
 25  2 owns a controlling interest, as provided in section 455B.191,
 25  3 shall submit a manure management plan to the department on an
 25  4 annual basis, which must be approved by the department for the
 25  5 following year of operation.
 25  6    b.  A person receiving a controlling interest in a
 25  7 confinement feeding operation pursuant to a suspect
 25  8 transaction as provided in section 455B.202 must submit a
 25  9 manure management plan to the department prior to taking
 25 10 control of the confinement feeding operation.  The department
 25 11 shall not approve the manure management plan, if any of the
 25 12 following applies:
 25 13    (1)  The person taking control of the confinement feeding
 25 14 operation exercised managerial authority over a confinement
 25 15 feeding operation and one of the following applies:
 25 16    (a)  The confinement feeding operation is classified as a
 25 17 habitual violator or chronic violator.
 25 18    (b)  The person owning a controlling interest in the
 25 19 confinement feeding operation is classified as a habitual
 25 20 violator or chronic violator.
 25 21    (2)  The confinement feeding operation is subject to a
 25 22 pending action for a violation of this chapter and the action
 25 23 is commenced in district court by the attorney general.
 25 24    (3)  The department finds that the person is unwilling or
 25 25 incapable of instituting changes necessary in order to ensure
 25 26 that manure originating from the confinement feeding operation
 25 27 is managed in a manner consistent with this chapter, including
 25 28 rules adopted by the department.  The person shall have the
 25 29 burden of demonstrating by clear and convincing evidence that
 25 30 the person is willing and capable of instituting the necessary
 25 31 changes.  The department shall consider the person's
 25 32 experience and past history of controlling confinement feeding
 25 33 operations.
 25 34    Sec. 30.  NEW SECTION.  455B.203A  MANURE APPLICATORS
 25 35 CERTIFICATION.
 26  1    1.  As used in this section, unless the context otherwise
 26  2 requires:
 26  3    a.  "Commercial manure applicator" means the same as
 26  4 defined in section 455B.171.
 26  5    b.  "Confinement site" means a site where there is located
 26  6 a manure storage structure which is part of a confinement
 26  7 feeding operation, other than a small animal feeding
 26  8 operation.
 26  9    c.  "Confinement site manure applicator" means a person who
 26 10 applies manure stored at a confinement site.
 26 11    2.  a.  A commercial manure applicator shall not apply
 26 12 manure to land, unless the person is certified pursuant this
 26 13 section.
 26 14    b.  A confinement site manure applicator shall not apply
 26 15 manure to land, unless the person is certified pursuant to
 26 16 this section.
 26 17    3.  A person required to be certified under this section
 26 18 shall choose between a one-year certification for which the
 26 19 person shall pay a thirty dollar fee or a three-year
 26 20 certification for which the person shall pay a seventy-five
 26 21 dollar fee.
 26 22    4.  To be initially certified a person must complete an
 26 23 educational program which shall consist of an examination
 26 24 required to be passed by the person.  After initial
 26 25 certification, the person must renew the certification by
 26 26 completing the educational program which shall consist of
 26 27 either an examination or continuing instructional courses.
 26 28 The person must pass the examination each third year following
 26 29 initial certification or may elect to attend two hours of
 26 30 continuing instructional courses each year.
 26 31    5.  The department shall adopt, by rule, requirements for
 26 32 the certification, including educational program requirements.
 26 33 The department may establish different educational programs
 26 34 designed for commercial manure applicators and confinement
 26 35 site manure applicators.  The department shall adopt rules
 27  1 necessary to administer this section, including establishing
 27  2 certification standards, which shall at least include
 27  3 standards for the handling, application, and storage of
 27  4 manure, the potential effects of manure upon surface water and
 27  5 groundwater, and procedures to remediate the potential effects
 27  6 on surface water or groundwater.
 27  7    a.  The department shall adopt by rule criteria for
 27  8 allowing a person required to be certified to complete either
 27  9 a written or oral examination.
 27 10    b.  The department shall administer the continuing
 27 11 instructional courses, by either teaching the courses or
 27 12 selecting persons to teach the courses, according to criteria
 27 13 as provided by rules adopted by the department.  The
 27 14 department shall, to the extent possible, select persons to
 27 15 teach the continuing instructional courses.  The department is
 27 16 not required to compensate persons to teach the continuing
 27 17 instructional courses.  In selecting persons, the department
 27 18 shall consult with organizations interested in the application
 27 19 of manure, including associations representing manure
 27 20 applicators and associations representing agricultural
 27 21 producers.  The Iowa cooperative extension service in
 27 22 agriculture and home economics of Iowa state university of
 27 23 science and technology shall cooperate with the department in
 27 24 administering the continuing instructional courses.  The Iowa
 27 25 cooperative extension service may teach continuing
 27 26 instructional courses, train persons selected to teach
 27 27 courses, or distribute informational materials to persons
 27 28 teaching the courses.
 27 29    c.  The department, in administering the certification
 27 30 program under this section, shall cooperate with the
 27 31 department of agriculture and land stewardship in
 27 32 administering the certification program for pesticide
 27 33 applicators pursuant to section 206.5.
 27 34    6.  This section shall not require a person to be certified
 27 35 as a commercial manure applicator because the person is any of
 28  1 the following:
 28  2    a.  Actively engaged in farming who trades work with
 28  3 another such person.
 28  4    b.  Employed by a person actively engaged in farming not
 28  5 solely as a manure applicator who applies manure as an
 28  6 incidental part of the person's general duties.
 28  7    c.  Engaged in applying manure as an incidental part of a
 28  8 custom farming operation.
 28  9    d.  Engaged in applying manure as an incidental part of a
 28 10 person's duties as provided by rules adopted by the department
 28 11 providing for an exemption.
 28 12    7.  A person is not required to be certified as a
 28 13 commercial manure applicator to apply manure for a period of
 28 14 thirty days from the date of initial employment as a
 28 15 commercial manure applicator if the person applying the manure
 28 16 is acting under the instructions and control of a certified
 28 17 commercial manure applicator who is in sight or hearing
 28 18 distance of the supervised person.
 28 19    Sec. 31.  NEW SECTION.  455B.203B  APPLICATION
 28 20 REQUIREMENTS.
 28 21    1.  The department of natural resources shall adopt rules
 28 22 governing the application of manure originating from an
 28 23 anaerobic lagoon or aerobic structure which is part of a
 28 24 confinement feeding operation.  The rules shall establish
 28 25 application rates and practices to minimize groundwater or
 28 26 surface water pollution resulting from application, including
 28 27 pollution caused by runoff or other manure flow resulting from
 28 28 precipitation events.  The rules shall establish different
 28 29 application rates and practices based on the water holding
 28 30 capacity of the soil at the time of application.
 28 31    2.  A person shall not apply manure by spray irrigation
 28 32 equipment, except as provided by rules adopted by the
 28 33 department pursuant to chapter 17A.  However, a person shall
 28 34 not use restricted spray irrigation equipment to apply manure
 28 35 originating from a confinement feeding operation, unless the
 29  1 manure has been diluted as provided by rules adopted by the
 29  2 department, including diluted by use of an anaerobic lagoon.
 29  3    Sec. 32.  Section 455B.204, subsection 1, unnumbered
 29  4 paragraph 1, Code 1997, is amended to read as follows:
 29  5    a.  An Except as provided in paragraph "b", an animal
 29  6 feeding operation structure shall not be located at least five
 29  7 constructed or expanded closer than the following:
 29  8    (1)  Less than five hundred feet away from the surface
 29  9 intake a wellhead or cistern of an agricultural drainage well
 29 10 or known sinkhole, and at least.
 29 11    (2)  Less than two hundred feet away from a watercourse.
 29 12 However, an animal feeding operation structure shall not be
 29 13 constructed or expanded closer than five hundred feet away
 29 14 from a lake, river, or stream located within the territorial
 29 15 limits of the state, any marginal river area adjacent to the
 29 16 state, which can support a floating vessel capable of carrying
 29 17 one or more persons during a total of a six-month period in
 29 18 one out of ten years, excluding periods of flooding.
 29 19    b.  However, no No distance separation is required between
 29 20 a location or object and a farm pond or privately owned lake,
 29 21 as defined in section 462A.2.
 29 22    Sec. 33.  Section 455B.204, Code 1997, is amended by adding
 29 23 the following new subsection:
 29 24    NEW SUBSECTION.  3.  A person shall not construct or expand
 29 25 an unformed manure storage structure within an agricultural
 29 26 drainage well area as provided in section 455I.5.
 29 27    Sec. 34.  NEW SECTION.  455B.205  MANURE STORAGE STRUCTURES
 29 28 – CONSTRUCTION STANDARDS – INSPECTIONS.
 29 29    1.  The department shall establish by rule engineering
 29 30 standards for the construction of manure storage structures.
 29 31    2.  The design standards for unformed manure storage
 29 32 structures established by the department shall account for
 29 33 special design characteristics of animal feeding operations,
 29 34 including all of the following:
 29 35    a.  The lining of the structure shall be constructed with
 30  1 materials deemed suitable by the department in order to
 30  2 minimize seepage loss through the lining's seal.
 30  3    b.  The structure shall be constructed with materials
 30  4 deemed suitable by the department in order to control erosion
 30  5 on the structure's berm, side slopes, and base.
 30  6    c.  The structure shall be constructed to minimize seepage
 30  7 into near-surface water sources.
 30  8    d.  The top of the floor of the structure's liner must be
 30  9 above the groundwater table as determined by the department.
 30 10 If the groundwater table is less than two feet below the top
 30 11 of the liner's floor, the structure shall be installed with a
 30 12 synthetic liner.  If the department allows an unformed manure
 30 13 storage structure to be located at a site by permanently
 30 14 lowering the groundwater table, the department shall confirm
 30 15 that the proposed system meets standards necessary to ensure
 30 16 that the structure does not pollute groundwater sources.  If
 30 17 the department allows drain tile installed to lower a
 30 18 groundwater table to remain where located, the department
 30 19 shall require that a device be installed to allow monitoring
 30 20 of the water in the drain tile line.  The department shall
 30 21 also require the installation of a device to allow shutoff of
 30 22 the drain tile lines, if the drain tile lines do not have a
 30 23 surface outlet accessible on the property where the structure
 30 24 is located.
 30 25    2.  The department shall to every extent practical
 30 26 cooperate with the state office and field offices of the
 30 27 natural resources conservation service of the United States
 30 28 department of agriculture in adopting construction standards
 30 29 for anaerobic lagoons.
 30 30    3.  The department shall inspect each unformed manure
 30 31 storage structure at least once each year.  An inspection
 30 32 conducted pursuant to this subsection shall be limited to a
 30 33 visual inspection of the site where the unformed manure
 30 34 storage structure is located.  The department shall inspect
 30 35 the site at a reasonable time after providing at least twenty-
 31  1 four hours' notice to the person owning or managing the
 31  2 confinement feeding operation.  However, in order to inspect
 31  3 the premises the departmental inspector must comply with
 31  4 standard biosecurity requirements customarily required by the
 31  5 operation.  The visual inspection shall include, but not be
 31  6 limited to, determining whether any of the following exists:
 31  7    a.  An adequate freeboard level.
 31  8    b.  The seepage of manure from the unformed manure storage
 31  9 structure.
 31 10    c.  Erosion.
 31 11    d.  Inadequate vegetation cover.
 31 12    e.  The presence of an opening allowing manure to drain
 31 13 from the unformed manure storage structure.
 31 14    Sec. 35.  NEW SECTION.  455B.206  CONSTRUCTION OF EARTHEN
 31 15 MANURE STORAGE BASIN – MORATORIUM.
 31 16    1.  A person shall not construct or expand an earthen
 31 17 manure storage basin on or after July 1, 1998.
 31 18    2.  This section is repealed on July 1, 2001.
 31 19    Sec. 36.  Section 657.11, subsection 4, Code 1997, is
 31 20 amended by striking the subsection.
 31 21    Sec. 37.  NEW SECTION.  657.11A  CHRONIC VIOLATORS.
 31 22    1.  As used in this section, unless the context otherwise
 31 23 requires:
 31 24    a.  "Commission" means the environmental protection
 31 25 commission created in section 455A.6.
 31 26    b.  "Confinement feeding operation" means the same as
 31 27 defined in section 455B.161.
 31 28    c.  "Department" means the department of natural resources.
 31 29    d.  "Suspect site" means a confinement feeding operation or
 31 30 land where a confinement feeding operation could be
 31 31 constructed, if the site is subject to a suspect transaction.
 31 32    e.  "Suspect transaction" means a transaction in which a
 31 33 person classified as a chronic violator under this section
 31 34 does any of the following:
 31 35    (1)  Transfers a controlling interest in a suspect site to
 32  1 any of the following:
 32  2    (a)  An employee of the chronic violator or business in
 32  3 which the person holds a controlling interest.
 32  4    (b)  A person who holds an interest in a business,
 32  5 including a confinement feeding operation, in which the
 32  6 chronic violator holds a controlling interest.
 32  7    (c)  A person related to the chronic violator as spouse,
 32  8 parent, grandparent, lineal ascendant of a grandparent or
 32  9 spouse and any other lineal descendant of the grandparent or
 32 10 spouse, or a person acting in a fiduciary capacity for a
 32 11 related person.
 32 12    (2)  Provides financing for the construction or operation
 32 13 of a confinement feeding operation to any person, including by
 32 14 providing a contribution, loan to the person, or providing
 32 15 collateral for a contribution or loan made by a third person.
 32 16    2.  The rebuttable presumption provided in section 657.11
 32 17 does not apply to a person during any period that the person
 32 18 is classified as a chronic violator under this section as to
 32 19 any confinement feeding operation in which the person holds a
 32 20 controlling interest, as defined by rules adopted by the
 32 21 department of natural resources.  The rebuttable presumption
 32 22 shall apply to the person on and after the date that the
 32 23 person is removed from the classification of chronic violator.
 32 24    3.  A person shall be classified as a chronic violator if
 32 25 the person has committed three or more violations as described
 32 26 in this subsection prior to, on, or after July 1, 1996.  In
 32 27 addition, in relation to each violation, the person must have
 32 28 been subject to either of the following:
 32 29    a.  The assessment of a civil penalty by the department or
 32 30 the commission in an amount equal to three thousand dollars or
 32 31 more.
 32 32    b.  A court order or judgment for a legal action brought by
 32 33 the attorney general after referral by the department or
 32 34 commission.
 32 35    4.  Each violation must have occurred within five years
 33  1 prior to the date of the latest violation, counting any
 33  2 violation committed by a confinement feeding operation in
 33  3 which the person holds a controlling interest.  A violation
 33  4 occurs on the date the department issues an administrative
 33  5 order to the person assessing a civil penalty of three
 33  6 thousand dollars or more, or on the date the department
 33  7 notifies a person in writing that the department will
 33  8 recommend that the commission refer, or the commission refers
 33  9 the case to the attorney general for legal action, or the date
 33 10 of entry of the court order or judgment, whichever occurs
 33 11 first.  A violation under this subsection shall not be counted
 33 12 if the civil penalty ultimately imposed is less than three
 33 13 thousand dollars, the department or commission does not refer
 33 14 the action to the attorney general, the attorney general does
 33 15 not take legal action, or a court order or judgment is not
 33 16 entered against the person.  A person shall be removed from
 33 17 the classification of chronic violator on the date on which
 33 18 the person and all confinement feeding operations in which the
 33 19 person holds a controlling interest have committed less than
 33 20 three violations described in this subsection for the prior
 33 21 five years.
 33 22    5.  For purposes of counting violations, a continuing and
 33 23 uninterrupted violation shall be considered as one violation.
 33 24 Different types of violations shall be counted as separate
 33 25 violations regardless of whether the violations were committed
 33 26 during the same period.  The violation must be a violation of
 33 27 a state statute, or a rule adopted by the department, which
 33 28 applies to a confinement feeding operation and any related
 33 29 animal feeding operation structure, including an anaerobic
 33 30 lagoon, earthen manure storage basin, formed manure storage
 33 31 structure, or egg washwater storage structure, or any related
 33 32 pollution control device or practice.  The structure, device,
 33 33 or practice must be part of the confinement feeding operation.
 33 34 The violation must be one of the following:
 33 35    a.  Constructing or operating a related animal feeding
 34  1 operation structure or installing or using a related pollution
 34  2 control device or practice, for which the person must obtain a
 34  3 permit, in violation of statute or rules adopted by the
 34  4 department, including the terms or conditions of the permit.
 34  5    b.  Intentionally making a false statement or
 34  6 misrepresenting information to the department as part of an
 34  7 application for a construction permit for the related animal
 34  8 feeding operation structure, or the installation of the
 34  9 related pollution control device or practice, for which the
 34 10 person must obtain a construction permit from the department.
 34 11    c.  Failing to obtain a permit or approval by the
 34 12 department for a permit to construct or operate a confinement
 34 13 feeding operation or use a related animal feeding operation
 34 14 structure or pollution control device or practice, for which
 34 15 the person must obtain a permit from the department.
 34 16    d.  Operating a confinement feeding operation, including a
 34 17 related animal feeding operation structure or pollution
 34 18 control device or practice, which causes pollution to the
 34 19 waters of the state, if the pollution was caused
 34 20 intentionally, or caused by a failure to take measures
 34 21 required to abate the pollution which resulted from an act of
 34 22 God.
 34 23    e.  Failing to submit a manure management plan as required,
 34 24 or operating a confinement feeding operation required to have
 34 25 a manure management plan without having submitted the manure
 34 26 management plan.
 34 27    6.  A suspect transaction shall be presumed to be made in
 34 28 order to avoid a cause of action for nuisance brought against
 34 29 the person classified as a chronic violator.  The person
 34 30 receiving control of the operation pursuant to the suspect
 34 31 transaction shall be deemed to be an agent of the chronic
 34 32 violator, unless the chronic violator and the person receiving
 34 33 the controlling interest in the confinement feeding operation
 34 34 because of the suspect transaction, prove by clear and
 34 35 convincing evidence all of the following:
 35  1    a.  That the suspect transaction was for a legitimate
 35  2 business purpose made by parties exercising independent and
 35  3 reasonable judgment.
 35  4    b.  That the chronic violator does not exercise a
 35  5 controlling influence over the business affairs of the
 35  6 confinement feeding operation.
 35  7    7.  If the person receiving control of a suspect site is
 35  8 deemed to be an agent of a chronic violator, the presumption
 35  9 that the confinement feeding operation is not a public or
 35 10 private nuisance as provided in section 657.11 shall not apply
 35 11 for as long as the chronic violator, including the agent, or
 35 12 the confinement feeding operation is classified as a chronic
 35 13 violator.
 35 14    Sec. 38.  1995 Iowa Acts, chapter 195, section 38, is
 35 15 amended to read as follows:
 35 16    SEC. 38.  INDEMNITY FEES – PRIOR PERMITTEES.
 35 17    1.  The indemnity fee imposed upon permittees pursuant to
 35 18 section 204.3, as enacted in this Act, shall be imposed upon
 35 19 all persons who have received a permit by the department of
 35 20 natural resources for the construction of a confinement
 35 21 feeding operation with a manure storage structure as defined
 35 22 in section 455B.161 204.1, as enacted in this Act, prior to
 35 23 the effective date of this Act.  However, an indemnity fee
 35 24 shall not be imposed upon a person the following persons:
 35 25    a.  A person who has received a construction permit more
 35 26 than ten years prior to the effective date of this Act.
 35 27    b.  A person who has received a construction permit within
 35 28 ten years prior to May 31, 1995, if the confinement feeding
 35 29 operation was not constructed under the permit and the permit
 35 30 has expired.
 35 31    2.  To every extent possible, the department of natural
 35 32 resources shall notify all persons required to pay the fee.
 35 33 The notice shall be in writing.  The department shall
 35 34 establish a date when the fees must be paid to the department,
 35 35 which shall be not less than three months after the delivery
 36  1 of the notice.  If a person is delinquent in paying the
 36  2 indemnity fee when due, or if upon examination, an
 36  3 underpayment of the fee is found by the department, the person
 36  4 is subject to a penalty of ten dollars or an amount equal to
 36  5 the amount of deficiency for each day of the delinquency,
 36  6 whichever is less.  After the date required for payment, the
 36  7 department shall transfer all outstanding claims to the
 36  8 department of agriculture and land stewardship.
 36  9    3.  The department of natural resources shall deliver to
 36 10 receive from the department of agriculture and land
 36 11 stewardship the most current available information regarding
 36 12 the persons required to pay the fee and any delinquency
 36 13 penalty, including the names and addresses of the persons, and
 36 14 the capacity of the confinement feeding operations subject to
 36 15 the permit.  The department of agriculture and land
 36 16 stewardship natural resources, in cooperation with the
 36 17 attorney general, may bring a court action in order to collect
 36 18 indemnity fees and delinquency penalties required to be paid
 36 19 under this section.
 36 20    Sec. 39.  AMNESTY PERIOD.  Notwithstanding 1995 Iowa Acts,
 36 21 chapter 195, section 38, a person who has not paid an
 36 22 indemnity fee as required by that Act, as amended by this Act,
 36 23 shall not be subject to a delinquency penalty as provided in
 36 24 that Act, if the person pays the full amount of the indemnity
 36 25 fee to the department of agriculture and land stewardship on
 36 26 or before June 30, 1998, as required by the department.
 36 27    Sec. 40.  EFFECT OF THIS ACT – REFUND.  Nothing in this
 36 28 Act requires the department of natural resources or the
 36 29 department of agriculture and land stewardship to refund an
 36 30 indemnity fee or delinquency penalty payment paid by
 36 31 permittees pursuant to 1995 Iowa Acts, chapter 195, section
 36 32 38.
 36 33    Sec. 41.  INDEMNITY FEES – PRIOR MANURE MANAGEMENT PLAN
 36 34 SUBMITTEES.
 36 35    1.  The indemnity fee imposed upon persons required to
 37  1 submit a manure management plan pursuant to section 204.3A, as
 37  2 enacted in this Act, shall be imposed upon all persons who
 37  3 were required to submit a manure management plan to the
 37  4 department of natural resources pursuant to 567 IAC section
 37  5 65.18(455B).
 37  6    2.  To every extent possible, the department shall notify
 37  7 all persons required to pay the fee.  The notice shall be in
 37  8 writing.  The department shall establish a date when the fees
 37  9 must be paid to the department, which shall be not less than
 37 10 three months after the delivery of the notice.  If a person is
 37 11 delinquent in paying the indemnity fee when due, or if upon
 37 12 examination, an underpayment of the fee is found by the
 37 13 department, the person is subject to a penalty of ten dollars
 37 14 or an amount equal to the amount of deficiency for each day of
 37 15 the delinquency, whichever is less.
 37 16    Sec. 42.  INDEMNITY FEES – PRIOR CONSTRUCTION PERMITTEES.
 37 17 The department of agriculture and land stewardship shall
 37 18 deliver to the department of natural resources the most
 37 19 current available information regarding persons required to
 37 20 pay the indemnity fee imposed pursuant to 1995 Iowa Acts,
 37 21 chapter 195, section 38.  The department of natural resources,
 37 22 in cooperation with the attorney general, may bring a court
 37 23 action in order to collect indemnity fees and delinquency
 37 24 penalties as provided in that Act for deposit into the manure
 37 25 storage indemnity fund as created in section 204.2.
 37 26    Sec. 43.  MANURE MANAGEMENT PLAN SUBMISSIONS.  All persons
 37 27 required to submit a manure management plan pursuant to
 37 28 section 455B.203 as amended by this Act shall submit a manure
 37 29 management plan according to the same requirements, as
 37 30 provided in that section or rules adopted by the department
 37 31 pursuant to that section.  Persons who have submitted a manure
 37 32 management plan that complies with those requirements are not
 37 33 required to submit a new manure management plan.  Persons who
 37 34 have not submitted a manure management plan that complies with
 37 35 those requirements shall not be required to submit a new
 38  1 manure management plan until July 1, 1999.
 38  2    Sec. 44.  ANIMAL AGRICULTURE CONSULTING ORGANIZATION.  The
 38  3 members of the animal agriculture consulting organization
 38  4 shall consult with the department of natural resources
 38  5 regarding this Act, rules adopted pursuant to this Act, and
 38  6 the Act's implementation, to the same extent and in the same
 38  7 manner as required in 1995 Iowa Acts, chapter 195, section 37.
 38  8    Sec. 45.  DIRECTION TO THE DEPARTMENT OF NATURAL RESOURCES
 38  9 – RULEMAKING.  The department of natural resources is
 38 10 required to adopt rules under this Act, including adopting new
 38 11 rules or amending existing rules, only to the extent that
 38 12 rules must be adopted in order to comply with the requirements
 38 13 of this Act.  This section shall not be construed to limit the
 38 14 authority of the department to adopt rules under this Act or
 38 15 other statutory authority which the department determines is
 38 16 necessary or advisable.
 38 17    Sec. 46.  DIRECTIONS TO IOWA CODE EDITOR.
 38 18    1.  The Iowa Code editor is directed to transfer chapter
 38 19 204, as amended by this Act, to a chapter determined
 38 20 appropriate by the Iowa Code editor.  The Iowa Code editor
 38 21 shall correct internal references as necessary.
 38 22    2.  The Iowa Code editor is directed to transfer section
 38 23 159.27 to or near section 455B.204A.
 38 24    Sec. 47.  TRANSFER OF PROVISIONS.  The transfer of
 38 25 provisions from one section to another section does not affect
 38 26 the effect or applicability of rules adopted by the department
 38 27 of natural resources, except as required by the provisions of
 38 28 this Act.
 38 29    Sec. 48.  Sections 38 through 40 of this Act, being deemed
 38 30 of immediate importance, takes effect upon enactment.  
 38 31                           EXPLANATION
 38 32    This bill amends a number of provisions which apply to the
 38 33 regulation of animal feeding operations.  The bill does all of
 38 34 the following:
 38 35    The bill amends provisions relating to the manure storage
 39  1 indemnity fund which was established in order to reimburse
 39  2 counties for expenses incurred by counties in cleaning up
 39  3 manure storage structures on a site that the county received
 39  4 due to nonpayment of back taxes.  The fund is supported by
 39  5 fees paid by persons obtaining construction permits from the
 39  6 department of natural resources for confinement feeding
 39  7 operations.  The bill provides that if moneys are not
 39  8 sufficient to support the fund, the executive council may
 39  9 allocate up to $3 million from the general fund in order to
 39 10 help satisfy claims by counties.  The bill also doubles the
 39 11 fees paid by permittees.
 39 12    The bill prohibits a county from adopting or enforcing
 39 13 county legislation regulating an agricultural operation,
 39 14 unless expressly authorized by state law.
 39 15    The bill amends a number of provisions in Code chapter 455
 39 16 which regulates animal feeding operations.  The bill provides
 39 17 for determining when adjacent confinement feeding operations
 39 18 are considered as a single operation.
 39 19    The bill amends separation distance requirements between
 39 20 animal feeding operation structures and homes, schools,
 39 21 businesses, and churches, by increasing several of those
 39 22 separation distance requirements.
 39 23    The bill amends Code section 455B.173, subsection 13,
 39 24 providing for the issuance of permits by the department for
 39 25 animal feeding operations.  The bill transfers that section
 39 26 for purposes of enhancing readability, and amends several of
 39 27 its provisions.
 39 28    The bill provides that a county board of supervisors may
 39 29 hold a public hearing to receive public comments regarding an
 39 30 application for a construction permit for an animal feeding
 39 31 operation.  The county board of supervisors may submit
 39 32 comments by the board and the public to the department.  The
 39 33 bill provides that a county board of supervisors may contest
 39 34 the decision as provided by rules adopted by the environmental
 39 35 protection commission in conformance with Code chapter 17A.
 40  1    The bill requires the owner of a confinement feeding
 40  2 operation, other than a small animal feeding operation, to
 40  3 submit a manure management plan, regardless of whether a
 40  4 permit is required for the operation.  The bill also provides
 40  5 that an out-of-state owner must submit a manure management
 40  6 plan if the manure is applied in this state.
 40  7    The bill provides for the certification of commercial
 40  8 manure applicators and persons who apply manure which
 40  9 originates from a confinement feeding operation other than a
 40 10 small animal feeding operation.  The bill provides that a
 40 11 manure applicator is prohibited from applying manure unless
 40 12 the person is certified by the department.  The requirements
 40 13 involve passing an examination and taking continuing
 40 14 instructional courses.  The requirements are similar to
 40 15 requirements imposed upon commercial pesticide applicators.
 40 16 The bill assesses fees for certification.
 40 17    The bill requires the department of natural resources to
 40 18 adopt rules governing the application of manure originating
 40 19 from an anaerobic lagoon or aerobic structure which is part of
 40 20 a confinement feeding operation.  The rules must establish
 40 21 application rates and practices to minimize groundwater or
 40 22 surface water pollution resulting from application, including
 40 23 pollution caused by runoff or other manure flow resulting from
 40 24 precipitation events.  The rules shall establish different
 40 25 application rates and practices based on the water holding
 40 26 capacity of the soil at the time of application.  The bill
 40 27 restricts the use of spray irrigation equipment used to apply
 40 28 manure with a large dispersal rate.
 40 29    The bill requires the department to establish engineering
 40 30 standards for the construction of formed manure storage
 40 31 structures.  The bill provides special requirements for
 40 32 unformed structures.  The rules adopted by the department
 40 33 shall account for special design characteristics of animal
 40 34 feeding operations.  The department must to every extent
 40 35 practical cooperate with the state office and field offices of
 41  1 the natural resources conservation service of the United
 41  2 States department of agriculture in adopting construction
 41  3 standards for anaerobic lagoons.
 41  4    The bill provides separation distances between animal
 41  5 feeding operation structures and watercourses, including
 41  6 increasing the distance required between an animal feeding
 41  7 operation structure and a lake, river, or stream located
 41  8 within the territorial limits of the state, or a marginal
 41  9 river area adjacent to the state.
 41 10    The bill imposes a moratorium on the construction or
 41 11 expansion of earthen manure storage basins.
 41 12    The bill amends a provision of law which currently
 41 13 prohibits a habitual violator from obtaining a permit by the
 41 14 department of natural resources for the construction or
 41 15 operation of another animal feeding operation.  This bill
 41 16 extends that prohibition to apply to all environmental permits
 41 17 issued by the department under Code chapter 455B.
 41 18    The bill provides that a transaction involving a habitual
 41 19 violator or a chronic violator may be considered suspect, if
 41 20 the transaction involves (1) transferring a controlling
 41 21 interest in the operation or land where an operation may be
 41 22 constructed to a person who is financially close or family
 41 23 related or (2) financing the construction or operation of a
 41 24 confinement feeding operation.  The bill provides that a
 41 25 suspect transaction is not recognized for purposes of
 41 26 enforcing environmental laws or claiming nuisance suit
 41 27 protection, unless the violator and the person receiving a
 41 28 controlling interest in a confinement feeding operation prove
 41 29 by clear and convincing evidence that the transaction was for
 41 30 a legitimate business purpose made by parties exercising
 41 31 independent and reasonable judgment, and the chronic violator
 41 32 does not exercise a controlling influence over the business
 41 33 affairs of the confinement feeding operation.  This bill
 41 34 provides that the indemnity fee is not assessable if the
 41 35 confinement feeding operation was not constructed under a
 42  1 construction permit and the permit has expired.  The bill also
 42  2 provides that a person who has not paid an indemnity fee is
 42  3 not subject to a delinquency penalty if the person pays the
 42  4 full amount of the indemnity fee to the department of
 42  5 agriculture and land stewardship on or before June 30, 1998,
 42  6 as required by the department.
 42  7    The bill requires that the department consult with members
 42  8 of organizations representing various interests known as the
 42  9 animal agriculture consulting organization.
 42 10    This bill provides that the indemnity fee is not assessable
 42 11 if the confinement feeding operation was not constructed under
 42 12 a construction permit and the permit has expired.  The bill
 42 13 also provides that a person who has not paid an indemnity fee
 42 14 is not subject to a delinquency penalty if the person pays the
 42 15 full amount of the indemnity fee to the department of natural
 42 16 resources on or before June 30, 1998, as required by the
 42 17 department.  
 42 18 LSB 4186YC 77
 42 19 da/jw/5.4
     

Text: HSB00660                          Text: HSB00662
Text: HSB00600 - HSB00699               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

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