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House Journal: Page 1503: Monday, April 13, 1998

39   by default.  The department shall issue a permit to
40   the applicant within ten days following the date of
41   default approval.  However, this section subsection
42   shall not apply to applications for permits which are
43   issued under division II, or division IV, parts 2
44   through 7.
45     2.  For five years after the date of the last
46   violation of this chapter committed by a person or by
47   a confinement feeding operation in which the person
48   holds a controlling interest during which the person
49   or confinement feeding operation was classified as a
50   habitual violator under section 455B.191, all of the

Page   7

 1   following shall apply:
 2     a.  The department may not issue a new permit under
 3   this chapter to the person or confinement feeding
 4   operation.
 5     b.  The department may revoke or refuse to renew an
 6   existing permit issued under this chapter, to the
 7   person or confinement feeding operation, if the permit
 8   relates to a confinement feeding operation, and the
 9   department determines that the continued operation of
10   the confinement feeding operation under the existing
11   permit constitutes a clear, present, and impending
12   danger to the public health or environment.
13     3.  The department shall assist persons applying
14   for assistance to establish and operate renewable fuel
15   production facilities pursuant to the value-added
16   agricultural products and processes financial
17   assistance program established in section 15E.111.
18     Sec. 11.  Section 455B.110, Code 1997, is amended
19   to read as follows:
20     455B.110  ANIMAL FEEDING OPERATIONS -COMMISSION
21  APPROVAL OF INVESTIGATIONS AND ENFORCEMENT ACTIONS.
22     1.  A person may file a complaint alleging that an
23   animal feeding operation is in violation of this
24   chapter, including rules adopted by the department, or
25   environmental standards or regulations subject to
26   federal law and enforced by the department.
27     a.  The complaint may be filed with the department
28   according to procedures required by the department or
29   with the county board of supervisors in the county
30   where the violation is alleged to have occurred,
31   according to procedures required by the board.  The
32   county auditor may accept the complaint on behalf of
33   the board.
34     b.  If the county board of supervisors receives a
35   complaint, it shall conduct a review to determine if
36   the allegation contained in the complaint constitutes
37   a violation, without investigating whether the facts
38   supporting the allegation are true or untrue.

© 1998 Cornell College and League of Women Voters of Iowa

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URL: /DOCS/GA/77GA/Session.2/HJournal/01500/01503.html
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