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House Journal: Page 1504: Monday, April 13, 1998

39     (1)  If the county board of supervisors determines
40   that the allegation does not constitute a violation,
41   it shall notify the complainant, the animal feeding
42   operation which is the subject of the complaint, and
43   the department, according to rules adopted by the
44   department.
45     (2)  If the county board of supervisors determines
46   that the allegation constitutes a violation, it shall
47   forward the complaint to the department which shall
48   investigate the complaint as provided in this section.
49     c.  If the department receives a complaint from a
50   complainant or a county forwarding a complaint, the

Page   8

 1   department shall conduct an investigation of the
 2   complaint, if the department determines that the
 3   complaint is legally sufficient and an investigation
 4   is justified.  The department shall receive a
 5   complaint filed by a complainant, regardless of
 6   whether the complainant has filed a complaint with a
 7   county board of supervisors.
 8     (1)  The department in its discretion shall
 9   determine the urgency of the investigation, and the
10   time and resources required to complete the
11   investigation, based upon the circumstances of the
12   case, including the severity of a threat to the
13   quality of surface or subsurface water.
14     (2)  The department shall notify the county board
15   of supervisors in the county where the violation is
16   alleged to occur prior to investigating the premises
17   of the alleged violation.  However, the department is
18   not required to provide notice if the department
19   determines that a clear, present, and impending danger
20   to the public health or environment requires immediate
21   action.
22     (3)  The county board of supervisors may designate
23   a county employee to accompany a departmental official
24   during the investigation of the premises of a
25   confinement feeding operation.  The county designee
26   shall have the same right of access to the real estate
27   of the premises as the departmental official
28   conducting the inspection during the period that the
29   county accompanies the departmental official.
30     (4)  Upon the completion of an investigation, the
31   department shall notify the complainant of the results
32   of the investigation, including any anticipated,
33   pending, or completed enforcement action arising from
34   the investigation.  The department shall deliver a
35   copy of the notice to the animal feeding operation
36   that is the subject of the complaint and the board of
37   supervisors of the county where the violation is
38   alleged to have occurred.

© 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/01500/01504.html
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