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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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