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House Journal: Page 1505: Monday, April 13, 1998

39     d.  A county board of supervisors or the department
40   is not required to divulge information regarding the
41   identity of the complainant.
42     2.  When entering the premises of an animal feeding
43   operation, a person who is a departmental official, an
44   agent of the department, or a person accompanying the
45   departmental official or agent shall comply with
46   section 455B.103.  The person shall also comply with
47   standard biosecurity requirements customarily required
48   by the animal feeding operation which are necessary in
49   order to control the spread of disease among an animal
50   population.

Page   9

 1     3.  The department shall not initiate an
 2   enforcement action in response to a violation by an
 3   animal feeding operation as provided in this chapter
 4   or a rule adopted pursuant to this chapter, or request
 5   the commencement of legal action by the attorney
 6   general pursuant to section 455B.141, unless the
 7   commission has approved the intended action.  This
 8   section subsection shall not apply to an enforcement
 9   action in which the department enforces a civil
10   penalty of three thousand dollars or less.  This
11   section subsection shall also not apply to an order
to
12   terminate an emergency issued by the director pursuant
13   to section 455B.175.
14     Sec. 12.  Section 455B.161, Code 1997, is amended
15   by adding the following new subsections:
16     NEW SUBSECTION.  0A.  "Aerobic structure" means an
17   animal feeding operation structure other than an egg
18   washwater storage structure which employs bacterial
19   action which is maintained by the utilization of air
20   or oxygen and which includes aeration equipment.
21     NEW SUBSECTION.  5A.  "Cemetery" means a space held
22   for the purpose of permanent burial, entombment, or
23   interment of human remains that is owned or managed by
24   a political subdivision or private entity, or a
25   cemetery regulated pursuant to chapter 523I or 566A.
26   However, "cemetery" does not include a pioneer
27   cemetery as defined in section 331.325.
28     NEW SUBSECTION.  19A.  "Spray irrigation equipment"
29   means the same as defined in section 455B.171.
30     NEW SUBSECTION.  21.  "Unformed manure storage
31   structure" means a covered or uncovered animal feeding
32   operation structure in which manure is stored, other
33   than a formed manure storage structure, which is an
34   anaerobic lagoon, aerobic structure, or earthen manure
35   storage basin.
36     Sec. 13.  Section 455B.161, subsection 17, Code
37   1997, is amended to read as follows:
38     17.  "Public use area" means that any of the

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