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House Journal: Page 1514: Monday, April 13, 1998

39   the full length of the animal feeding operation
40   structure.  The permanent vegetation must be at least
41   seedlings and have a mature predicted height of at
42   least twenty feet.  The department shall adopt rules
43   to carry out this subsection.
44     NEW SUBSECTION.  6.  The application of liquid
45   manure on land within a separation distance required
46   between the applied manure and an object or location
47   for which separation is required under section
48   455B.162, if any of the following apply:
49     a.  The liquid manure is injected into the soil or
50   incorporated within the soil not later than twenty-

Page  18

 1   four hours from the original application, as provided
 2   by rules adopted by the commission.
 3     b.  The titleholder of the land benefiting from the
 4   separation distance requirement executes a written
 5   waiver with the titleholder of the land where the
 6   manure is applied.
 7     c.  The liquid manure originates from a small
 8   animal feeding operation.
 9     d.  The liquid manure is applied by spray
10   irrigation equipment using a center pivot mechanism as
11   provided by rules adopted by the department, if all of
12   the following apply:
13     (1)  The spray irrigation equipment uses hoses
14   which discharge the liquid manure in a downward
15   direction at a height of not more than nine feet above
16   the soil.
17     (2)  The spray irrigation equipment disperses
18   manure through an orifice at a rate of not more than
19   twenty-five pounds per square inch.
20     (3)  The liquid manure is not applied within two
21   hundred fifty feet from a residence not owned by the
22   titleholder of the land, a commercial enterprise, a
23   bona fide religious institution, an educational
24   institution, or a public use area.
25     NEW SUBSECTION.  7.  The distance between an animal
26   feeding operation structure and a cemetery, if any of
27   the following applies:
28     a.  The animal feeding operation structure was
29   constructed or expanded prior to the effective date of
30   this section of this Act.
31     b.  The construction or expansion of the animal
32   feeding operation structure began prior to the
33   effective date of this section of this Act.
34     Sec. 22.  Section 455B.171, Code Supplement 1997,
35   is amended by adding the following new subsections:
36     NEW SUBSECTION.  0A.  "Aerobic structure" means the
37   same as defined in section 455B.161.
38     NEW SUBSECTION.  1A.  "Anaerobic lagoon" means the

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