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House Journal: Page 659: Thursday, March 12, 1998

21   shall determine whether the siting of the animal
22   feeding operation presents a high, medium, or de
23   minimus risk to the natural environment or the use of
24   property by neighbors to the confinement feeding
25   operation.
26     a.  If the board determines that there is a high
27   risk, the board shall reject the proposed siting which
28   determination shall not be reversed by the department,
29   unless the department finds that the determination is
30   unreasonable, arbitrary, capricious, or otherwise
31   beyond the authority delegated to the board under this
32   section.
33     b.  If the board determines that there is a medium
34   risk, the board shall reject the proposed siting which
35   determination may be reversed by the department, if
36   the department applies the siting analysis and
37   determines that there is a de minimus risk.  The board
38   is not required to report its determination to the
39   county board of supervisors if the board agrees to
40   review an amended siting proposal submitted by the
41   applicant.  The board and the applicant must execute
42   an agreement to suspend the time limits for delivering
43   submissions by the county to the department and for
44   departmental approval or disapproval of a construction
45   permit as required by section 455B.200A.  The county
46   shall deliver the agreement to the department
47   according to procedures required by the department.
48   The time limits as provided in section 455B.200A shall
49   be suspended according to the terms and conditions
50   provided in the agreement.  The review board may

Page 4

 1   consider amendments which provide a different site,
 2   the change in the orientation or size of the animal
 3   feeding operation structure, or the installation of
 4   conservation practices as provided in section
 5   455B.207.  The board shall not approve an amended
 6   proposal unless the board determines that there is a
 7   de minimus risk.
 8     c.  If the board determines that there is a de
 9   minimus risk, the board shall approve the proposed
10   siting, which determination may be reversed by the
11   department, if the department finds that the
12   determination is unreasonable, arbitrary, capricious,
13   or otherwise beyond the authority delegated to the
14   board under this section."
15     6.  Page 35, by inserting after line 29 the
16   following:
17     "Sec. __.  NEW SECTION.  455B.207  CONSERVATION
18   PRACTICES PROGRAM _ COST-SHARE MONEYS.
19     1.  The division of soil conservation of the
20   department of agriculture and land stewardship shall

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Last update: Fri Mar 13 13:40:03 CST 1998
URL: /DOCS/GA/77GA/Session.2/HJournal/00600/00659.html
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