Text: S05580 Text: S05582 Text: S05500 - S05599 Text: S Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend the amendment, S-5543, to House File 2494, as 1 2 amended, passed, and reprinted by the House, as 1 3 follows: 1 4 #1. Page 5, line 38, by striking the word 1 5 "provide" and inserting the following: "commence". 1 6 #2. By striking page 6, line 45, through page 7, 1 7 line 3, and inserting the following: 1 8 "2. For five years after the date of the last 1 9 violation of this chapter committed by a person or by 1 10 a confinement feeding operation in which the person 1 11 holds a controlling interest during which the person 1 12 or confinement feeding operation was classified as a 1 13 habitual violator under section 455B.191, all of the 1 14 following shall apply: 1 15 a. The department may not issue a new permit under 1 16 this chapter to the person or confinement feeding 1 17 operation. 1 18 b. The department may revoke or refuse to renew an 1 19 existing permit issued under this chapter, to the 1 20 person or confinement feeding operation, if the permit 1 21 relates to a confinement feeding operation, and the 1 22 department determines that the continued operation of 1 23 the confinement feeding operation under the existing 1 24 permit constitutes a clear, present, and impending 1 25 danger to the public health or environment." 1 26 #3. Page 7, line 39, by inserting after the word 1 27 "complaint" the following: "as provided in this 1 28 section". 1 29 #4. Page 7, line 43, by striking the word 1 30 "complaint" and inserting the following: "complaint, 1 31 if the department determines that the complaint is 1 32 legally sufficient and an investigation is justified". 1 33 #5. Page 8, line 15, by inserting before the word 1 34 "premises" the following: "real estate of the". 1 35 #6. Page 9, by inserting after line 9, the 1 36 following: 1 37 "NEW SUBSECTION. 19A. "Spray irrigation 1 38 equipment" means the same as defined in section 1 39 455B.171." 1 40 #7. Page 17, by inserting after line 25, the 1 41 following: 1 42 "___. The liquid manure is applied by spray 1 43 irrigation equipment using a center pivot mechanism as 1 44 provided by rules adopted by the department, if all of 1 45 the following apply: 1 46 (1) The spray irrigation equipment uses hoses 1 47 which discharge the liquid manure in a downward 1 48 direction at a height of not more than nine feet above 1 49 the soil. 1 50 (2) The spray irrigation equipment disperses 2 1 manure through an orifice at a rate of not more than 2 2 twenty-five pounds per square inch. 2 3 (3) The liquid manure is not applied within two 2 4 hundred fifty feet from a residence not owned by the 2 5 titleholder of the land, a commercial enterprise, a 2 6 bona fide religious institution, an educational 2 7 institution, or a public use area." 2 8 #8. Page 21, line 11, by striking the word "site" 2 9 and inserting the following: "site's real estate". 2 10 #9. Page 22, line 6, by striking the word "thirty" 2 11 and inserting the following: "thirty-five". 2 12 #10. Page 30, line 36, by striking the words "this 2 13 section" and inserting the following: "subsection 2". 2 14 #11. Page 31, by striking line 43, and inserting 2 15 the following: 2 16 "3. a. The department shall conduct a routine 2 17 inspection of each unformed". 2 18 #12. Page 31, line 44, by striking the word "An" 2 19 and inserting the following: "A routine". 2 20 #13. Page 32, line 4, by striking the word "a." 2 21 and inserting the following: "(1)". 2 22 #14. Page 32, line 5, by striking the word "b." 2 23 and inserting the following: "(2)". 2 24 #15. Page 32, line 7, by striking the word "c." 2 25 and inserting the following: "(3)". 2 26 #16. Page 32, line 8, by striking the word "d." 2 27 and inserting the following: "(4)". 2 28 #17. Page 32, line 9, by striking the word "e." 2 29 and inserting the following: "(5)". 2 30 #18. Page 32, by inserting after line 10, the 2 31 following: 2 32 "b. Nothing in this subsection restricts the 2 33 department from conducting an inspection of an animal 2 34 feeding operation which is not routine." 2 35 #19. Page 34, line 5, by striking the word "Act" 2 36 and inserting the following: "section". 2 37 #20. Page 34, by inserting before line 6 the 2 38 following: 2 39 "Sec. 100. Section 657.11, subsection 4, 2 40 unnumbered paragraph 1, Code 1997, is amended to read 2 41 as follows: 2 42The rebuttable presumptionThis section does not 2 43 apply to a person during any period that the person is 2 44 classified as a chronic violator under this subsection 2 45 as to any confinement feeding operation in which the 2 46 person holds a controlling interest, as defined by 2 47 rules adopted by the department of natural resources. 2 48The rebuttable presumptionThis section shall apply to 2 49 the person on and after the date that the person is 2 50 removed from the classification of chronic violator. 3 1 For purposes of this subsection, "confinement feeding 3 2 operation" means an animal feeding operation in which 3 3 animals are confined to areas which are totally 3 4 roofed, and which are regulated by the department of 3 5 natural resources or the environmental protection 3 6 commission." 3 7 #21. Page 34, by inserting before line 6 the 3 8 following: 3 9 "Sec. 101. 1995 Iowa Acts, chapter 195, section 3 10 37, is amended to read as follows: 3 11 SEC. 37. ANIMAL AGRICULTURE CONSULTING 3 12 ORGANIZATION. The department of natural resources 3 13 shall request that the Iowa pork producers 3 14 association, the Iowa cattlemen's association, the 3 15 Iowa poultry association, the Iowa dairy products 3 16 association,an organization representing agricultural3 17producers generally,Iowa state university, the soil 3 18 conservation division of the department of agriculture 3 19 and land stewardship,andthe natural resources 3 20 conservation service of the United States department 3 21 of agriculture, and after the effective date of this 3 22 section of this Act as amended by 1998 Iowa Acts, 3 23 House File 2494, two organizations representing 3 24 agricultural producers generally each appoint one 3 25 member to consult with the departmentregarding. The 3 26 appointees shall consult with the department regarding 3 27 this Act, rules adopted pursuant to this Act, and the 3 28 Act's implementation. The department shall consult 3 29 with representatives in meetings which shall be 3 30 conducted by the department, upon the call of the 3 31 director of the department or the director's designee, 3 32 or upon the request to the department of any three 3 33 members. The department shall request that the 3 34 representatives provide the department with 3 35 recommendations regarding the adoption of rules 3 36 required to administer this Act. This section is 3 37 repealed on March 31, 2005." 3 38 #22. Page 36, by inserting after line 16 the 3 39 following: 3 40 "Sec. ___. MANURE APPLICATOR CERTIFICATION – 3 41 DELAYED APPLICABILITY. A person shall not be required 3 42 to be certified as a commercial manure applicator or a 3 43 confinement site manure applicator as required 3 44 pursuant to section 455B.203A, as enacted in this Act, 3 45 for sixty days following the effective date of that 3 46 section of this Act." 3 47 #23. Page 36, line 24, by inserting after the 3 48 figure "37" the following: ", as amended by this 3 49 Act". 3 50 #24. Page 37, line 8, by striking the figure "37" 4 1 and inserting the following: "37, 100, 101". 4 2 #25. By renumbering and correcting internal 4 3 references as necessary. 4 4 4 5 4 6 4 7 WILMER RENSINK 4 8 PATTY JUDGE 4 9 JOHN P. KIBBIE 4 10 HF 2494.334 77 4 11 da/cf/28
Text: S05580 Text: S05582 Text: S05500 - S05599 Text: S Index Bills and Amendments: General Index Bill History: General Index
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