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House Journal: Page 1502: Monday, April 13, 1998

39   cleanup within twenty-four hours after being notified
40   of a condition requiring cleanup, the county may
41   provide for the cleanup as provided in this paragraph.
42   The department or county may seek reimbursement
43   including by bringing an action for the costs of the
44   cleanup from a person liable for causing the
45   condition.
46     2.  A person cleaning up a site confinement
feeding~ 
47   operation located on real estate acquired by a county
48   may demolish or dispose of any building or equipment
49   used in of the confinement feeding operation located
50   on the land according to rules adopted by the

Page   6

 1   department of natural resources pursuant to chapter
 2   17A, which apply to the disposal of farm buildings or
 3   equipment by an individual or business organization.
 4     Sec. 9.  NEW SECTION.  331.304A  LIMITATIONS ON
 5   COUNTY LEGISLATION.
 6     1.  As used in this section:
 7     a.  "Aerobic structure", "animal", "animal feeding
 8   operation", "animal feeding operation structure", and
 9   "manure" mean the same as defined in section 455B.161.
10     b.  "County legislation" means any ordinance,
11   motion, resolution, or amendment adopted by a county
12   pursuant to section 331.302.
13     2.  A county shall not adopt or enforce county
14   legislation regulating a condition or activity
15   occurring on land used for the production, care,
16   feeding, or housing of animals unless the regulation
17   of the production, care, feeding, or housing of
18   animals is expressly authorized by state law.  County
19   legislation adopted in violation of this section is
20   void and unenforceable and any enforcement activity
21   conducted in violation of this section is void.  A
22   condition or activity occurring on land used for the
23   production, care, feeding, or housing of animals
24   includes but is not limited to the construction,
25   operation, or management of an animal feeding
26   operation, an animal feeding operation structure, or
27   aerobic structure, and to the storage, handling, or
28   application of manure or egg washwater.
29     Sec. 10.  Section 455B.104, Code 1997, is amended
30   to read as follows:
31     455B.104  DEPARTMENTAL DUTIES - PERMITS -
32   REQUIREMENTS AND ASSISTANCE.
33     1.  The department shall either approve or deny a
34   permit to a person applying for a permit under this
35   chapter, within six months from the date that the
36   department receives a completed application for the
37   permit.  An application which is not approved or
38   denied within the six-month period shall be approved

© 1998 Cornell College and League of Women Voters of Iowa

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Last update: Tue Apr 14 13:40:03 CDT 1998
URL: /DOCS/GA/77GA/Session.2/HJournal/01500/01502.html
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