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House Journal: Page 1512: Monday, April 13, 1998

39     (2)  Either of the following:
40     (a)  Six hundred twenty-five thousand pounds animal
41   weight capacity for animals other than bovine.
42     (b)  One million six hundred thousand pounds animal
43   weight capacity for bovine.
44     3.  The animal feeding operation was constructed
45   prior to the effective date of this section and is
46   expanded by replacing one or more unformed manure
47   storage structures with one or more formed manure
48   storage structures, if all of the following apply:
49     a.  The animal weight capacity is not increased for
50   that portion of the animal feeding operation that

Page  16

 1   utilizes all replacement formed manure storage
 2   structures.
 3     b.  Use of each replaced unformed manure storage
 4   structure is discontinued within one year after the
 5   construction of the replacement formed manure storage
 6   structure.
 7     c.  The capacity of all replacement formed manure
 8   storage structures does not exceed the amount required
 9   to store manure produced by that portion of the animal
10   feeding operation utilizing the formed manure storage
11   structures during any fourteen-month period.
12     d.  No portion of the replacement formed manure
13   storage structure is closer to an object or location
14   for which separation is required under section
15   455B.162 than any other animal feeding operation
16   structure which is part of the operation.
17     Sec. 19.  Section 455B.164, Code 1997, is amended
18   to read as follows:
19     455B.164  DISTANCE MEASUREMENTS.
20     All distances between locations or objects provided
21   in this part shall be measured from their closest
22   points, as provided by rules adopted by the
23   department.  However, a distance between a
24   thoroughfare and an animal feeding operation structure
25   shall be measured from the portion of the right-of-way
26   which is closest to the animal feeding operation
27   structure.
28     Sec. 20.  Section 455B.165, subsections 2, 3, and
29   5, Code 1997, are amended to read as follows:
30     2.  A confinement feeding operation structure,
31   other than an earthen manure storage basin, if the
32   structure is part of a confinement feeding operation
33   which qualifies as a small animal feeding operation.
34   However, this subsection shall not apply if the
35   confinement feeding operation structure is an unformed
36   manure storage structure.
37     3.  a.  An animal feeding operation structure which
38   is constructed or expanded, if the titleholder of the

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