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House Journal: Page 678: Thursday, March 12, 1998

 9   the terms or conditions of the permit.
10     b.  Intentionally making a false statement or
11   misrepresenting information to the department as part
12   of an application for a construction permit for the
13   related animal feeding operation structure, or the
14   installation of the related pollution control device
15   or practice, for which the person must obtain a
16   construction permit from the department.
17     c.  Failing to obtain a permit or approval by the
18   department for a permit to construct or operate a
19   confinement feeding operation or use a related animal
20   feeding operation structure or pollution control
21   device or practice, for which the person must obtain a
22   permit from the department.
23     d.  Operating a confinement feeding operation,
24   including a related animal feeding operation structure
25   or pollution control device or practice, which causes
26   pollution to the waters of the state, if the pollution
27   was caused intentionally, or caused by a failure to
28   take measures required to abate the pollution which
29   resulted from an act of God.
30     e.  Failing to submit a manure management plan as
31   required, or operating a confinement feeding operation
32   required to have a manure management plan without
33   having submitted the manure management plan.
34     6.  A suspect transaction shall be presumed to be
35   made in order to avoid a cause of action for nuisance
36   brought against the person classified as a chronic
37   violator.  The person receiving control of the
38   operation pursuant to the suspect transaction shall be
39   deemed to be an agent of the chronic violator, unless
40   the chronic violator and the person receiving the
41   controlling interest in the confinement feeding
42   operation because of the suspect transaction, prove by
43   clear and convincing evidence all of the following:
44     a.  That the suspect transaction was for a
45   legitimate business purpose made by parties exercising
46   independent and reasonable judgment.
47     b.  That the chronic violator does not exercise a
48   controlling influence over the business affairs of the
49   confinement feeding operation.
50     7.  If the person receiving control of a suspect

Page 4

 1   site is deemed to be an agent of a chronic violator,
 2   the presumption that the confinement feeding operation
 3   is not a public or private nuisance as provided in
 4   section 657.11 shall not apply for as long as the
 5   chronic violator, including the agent, or the
 6   confinement feeding operation is classified as a
 7   chronic violator."
 8     2.  By renumbering as necessary.

© 1998 Cornell College and League of Women Voters of Iowa

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Last update: Fri Mar 13 13:40:03 CST 1998
URL: /DOCS/GA/77GA/Session.2/HJournal/00600/00678.html
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