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House Journal: Page 1511: Monday, April 13, 1998

39   feeding operation having an animal weight capacity of
40   two million or more pounds for animals other than
41   animals kept in a swine farrow-to-finish operation or
42   bovine kept in a confinement feeding operation; a
43   swine farrow-to-finish operation having an animal
44   weight capacity of two million five hundred thousand
45   or more pounds; or a confinement feeding operation
46   having an animal weight capacity of six eight
million
47   or more pounds for bovine.
48     Sec. 18.  Section 455B.163, Code 1997, is amended
49   to read as follows:
50     455B.163  SEPARATION DISTANCE REQUIREMENTS FOR

Page  15

 1   ANIMAL FEEDING OPERATIONS - EXPANSION OF STRUCTURES
 2   CONSTRUCTED PRIOR TO MAY 31, 1995 PRIOR CONSTRUCTED
 3   OPERATIONS.
 4     An animal feeding operation constructed or expanded
 5   prior to the date that a distance requirement became
 6   effective under section 455B.162 and which does not
 7   comply with the section's distance requirements of
 8   section 455B.162 on May 31, 1995, requirement may
 9   continue to operate regardless of those separation
10   distances the distance requirement.  The animal
11   feeding operation may be expanded on or after May 31,
12   1995, regardless of those separation distances, if
13   either any of the following applies:
14     1.  a.  The An animal feeding operation
structure~ 
15   as constructed or expanded prior to the effective date
16   of this section, complies with the distance
17   requirements of applying to that structure as
provided
18   in section 455B.162.
19     b.  An animal feeding operation structure as
20   constructed or expanded on or after the effective date
21   of this section complies with the distance
22   requirements applying to that structure as provided in
23   section 455B.162.
24     2.  All of the following apply to the expansion of
25   the animal feeding operation:
26     a.  No portion of the animal feeding operation
27   after expansion is closer than before expansion to a
28   location or object for which separation is required
29   under section 455B.162.
30     b.  The animal weight capacity of the animal
31   feeding operation as expanded is not more than the
32   lesser of the following:
33     (1)  Double its capacity on May 31, 1995, for an
34   animal feeding operation structure constructed prior
35   to the effective date of this section, or on the
36   effective date of this section, for an animal feeding
37   operation structure constructed on or after the
38   effective date of this section.

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