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House Journal: Page 1074: Tuesday, April 8, 1997

Page 3

 1   collected in indemnity fees in the manure storage
 2   indemnity fund created in section 204.2.
 3     d.  The department shall issue a permit for an
 4   animal feeding operation, if an application is
 5   submitted according to procedures required by the
 6   department, and the application meets standards
 7   established by the department, regardless of whether
 8   the animal feeding operation is required to obtain
 9   such a permit.  An applicant for a construction permit
10   shall not begin construction at the location of a site
11   planned for the construction of an animal feeding
12   operation structure, until the person has been granted
13   a permit for the construction of the structure by the
14   department.  The department shall make a determination
15   regarding the approval or denial of a permit within
16   sixty days from the date that the department receives
17   a completed application for a permit.  However, the
18   sixty-day requirement shall not apply to an
19   application, if the applicant is not required to
20   obtain a permit in order to construct an animal
21   feeding operation structure or to operate an animal
22   feeding operation.  The department shall deliver a
23   copy or require the applicant to deliver a copy of the
24   application for a construction permit to the county
25   board of supervisors in the county where the
26   confinement feeding operation or confinement feeding
27   operation structure subject to the permit is to be
28   located.  The department shall not approve the
29   application or issue a construction permit until
30   thirty days following delivery of the application to
31   the county board of supervisors.  The department shall
32   consider comments from the county board of
33   supervisors, regarding compliance by the applicant
34   with the legal requirements for the construction of
35   the confinement feeding operation structure as
36   provided in this chapter, and rules adopted by the
37   department pursuant to this chapter, if the comments
38   are delivered to the department within fourteen days
39   after receipt of the application by the county board
40   of supervisors.  Prior to granting a permit to a
41   person for the construction of an animal feeding
42   operation, the department may require the installation
43   and operation of a hydrological monitoring system for
44   an exclusively earthen manure storage structure, if,
45   after an on-site inspection, the department determines
46   that the site presents an extraordinary potential for
47   groundwater pollution.
48     e.  A person shall not obtain a permit for the
49   construction of a confinement feeding operation,
50   unless the person develops a manure management plan as

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