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39 same as defined in section 455B.161. 40 NEW SUBSECTION. 2A. "Animal feeding operation 41 structure" means the same as defined in section 42 455B.161. 43 NEW SUBSECTION. 3A. "Commercial manure 44 applicator" means a person who engages in the business 45 of and charges a fee for applying manure on the land 46 of another person. 47 NEW SUBSECTION. 7A. "Earthen manure storage 48 basin" means the same as defined in section 455B.161. 49 NEW SUBSECTION. 12A. "Manure storage structure" 50 means an animal feeding operation structure used to Page 19 1 store manure as part of a confinement feeding 2 operation, including but not limited to a formed or 3 unformed manure storage structure. 4 NEW SUBSECTION. 23A. "Restricted spray irrigation 5 equipment" means spray irrigation equipment which 6 disperses manure through an orifice at a rate of 7 eighty pounds per square inch or more. 8 NEW SUBSECTION. 31A. "Spray irrigation equipment" 9 means mechanical equipment used for the aerial 10 application of manure, if the equipment receives 11 manure from a manure storage structure during 12 application via a pipe or hose connected to the 13 structure, and includes a type of equipment 14 customarily used for the aerial application of water 15 to aid the growing of general farm crops. 16 NEW SUBSECTION. 32A. "Unformed manure storage 17 structure" means the same as defined in section 18 455B.161. 19 Sec. 23. Section 455B.173, subsection 13, Code 20 1997, is amended by striking the subsection and 21 inserting in lieu thereof the following: 22 13. Adopt, modify, or repeal rules relating to the 23 construction or operation of animal feeding 24 operations, as provided in sections relating to animal 25 feeding operations provided in this part. 26 Sec. 24. Section 455B.191, subsection 7, 27 unnumbered paragraph 2, Code 1997, is amended to read 28 as follows: 29 This subsection shall not apply unless the 30 department of natural resources has previously 31 notified the person of the person's classification as 32 a habitual violatoras provided in section 455B.173. 33 The department shall notify persons classified as 34 habitual violators of their classification, additional 35 restrictions imposed upon the persons pursuant to 36 their classification, and special civil penalties that 37 may be imposed upon the persons. The notice shall be 38 sent to the persons by certified mail.
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