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House Journal: Page 1515: Monday, April 13, 1998

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 violator as 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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