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House Journal: Page 1068: Tuesday, April 8, 1997

Amendment H-1582 lost.
Koenigs of Mitchell offered amendment H-1407 filed by him as
follows:

H-1407

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

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