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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.The20department shall not require that a person obtain a21permit for the construction of an animal feeding22operation structure, ifA 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 ofa smallan 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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