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House Journal: Page 1073: Tuesday, April 8, 1997

Page 2  

 1   feeding operation or to the proposed expansion of a
 2   confinement feeding operation, if either of the
 3   following apply:
 4     (1)  Only bovine or avian animals are to be
 5   confined in the confinement feeding operation.
 6     (2)  The confinement feeding operation is to have
 7   an animal weight capacity of less than three hundred
 8   thousand pounds."
 9     2.  Page 19, by inserting after line 11 the
10   following:
11     "Sec. ___.  Section 455B.173, subsection 13, Code
12   1997, is amended to read as follows:
13     13.  a.  Adopt, modify, or repeal rules relating to
14   the construction, including the expansion, of animal
15   feeding operations, or the operation of animal
feeding
16   operations.  The rules shall include, but are not
17   limited to, minimum manure control requirements,
18   requirements for obtaining permits, and departmental
19   evaluations of animal feeding operations.  The
20   department shall not require that a person obtain a
21   permit for the construction of an animal feeding
22   operation structure, if A person must obtain a
23   construction permit to construct an animal feeding
24   operation structure which is part of or connected to a
25   confinement feeding operation, unless the structure is
26   part of a small an animal feeding operation which
has
27   an animal weight capacity of less than three hundred
28   thousand pounds.  However, unless otherwise required
29   by departmental rule, this paragraph does not require
30   a person to obtain a construction permit to construct
31   an animal feeding operation structure which is part of
32   or connected to and used exclusively by a confinement
33   feeding operation in which only bovine or avian
34   animals are confined.
35     b.  The department shall collect an indemnity fee
36   as provided in section 204.3 prior to the issuance of
37   a construction permit.  The department shall deposit
38   indemnity fees in the manure storage indemnity fund
39   created in section 204.2.
40     c.  The department shall not approve a permit for
41   the construction of three or more animal feeding
42   operation structures unless the applicant files a
43   statement approved by a professional engineer
44   registered pursuant to chapter 542B certifying that
45   the construction of the animal feeding operation
46   structure will not impede the drainage through
47   established drainage tile lines which cross property
48   boundary lines unless measures are taken to
49   reestablish the drainage prior to completion of
50   construction.  The department shall deposit moneys

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