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House Journal: Page 650: Thursday, March 12, 1998

22   the same manner as determined pursuant to section
23   455B.161A."
24     21.  Page 29, line 27, by inserting after the word
25   "site" the following:  "other than a commercial manure
26   applicator".
27     22.  Page 31, by striking lines 12 through 15 and
28   inserting the following:  "program under this section,
29   and the department of agriculture and land stewardship
30   in administering the certification program for
31   pesticide applicators may cooperate together."
32     23.  Page 31, line 34, by striking the words "in
33   sight or hearing" and inserting the following: "both
34   of the following:
35     a.  Physically present at the site where the manure
36   is located.
37     b.  In sight or hearing".
38     24.  Page 31, by inserting after line 35, the
39   following:
40     "8.  If a certified commercial applicator applies
41   manure to land in a manner that causes a violation of
42   this part, any person who holds an interest in the
43   land or any person who owns or operates an animal
44   feeding operation where the manure originated shall
45   not be subject to an enforcement action under this
46   part, including the assessment of a civil penalty
47   under section 455B.191, arising out of the violation,
48   unless the person or the person's agent knew or
49   reasonably should have known of the violation and
50   failed to order its termination."

Page 3

 1     25.  Page 33, line 6, by striking the word
 2   "wellhead" and inserting the following:  "surface
 3   intake, wellhead,".
 4     26.  Page 35, line 35, by striking the figure
 5   "558A.4" and inserting the following:  "558A.4A".
 6     27.  Page 37, line 16, by striking the figure
 7   "614.29" and inserting the following:  "614.28A".
 8     28.  Page 40, by inserting after line 15, the
 9   following:
10     "Sec. ___.  COUNTY APPEAL PROCESS.  If the
11   department of natural resources has not made a
12   determination regarding the approval or denial of a
13   permit for the construction of a confinement feeding
14   operation or related animal feeding operation
15   structure on the effective date of this Act, the
16   department's decision to approve or disapprove the
17   permit application may be contested by the county
18   board of supervisors in the county where the
19   confinement feeding operation or related animal
20   feeding operation structure subject to the permit is
21   proposed to be located, as provided in section
22   455B.200A as enacted in this Act."

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