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House Journal: Page 1516: Monday, April 13, 1998

39     Sec. 25.  NEW SECTION.  455B.200  GENERAL.
40     The commission shall establish by rule adopted
41   pursuant to chapter 17A, requirements relating to the
42   construction, including expansion, or operation of
43   animal feeding operations, including related animal
44   feeding operation structures.  The requirements shall
45   include but are not limited to minimum manure control,
46   the issuance of permits, and departmental
47   investigations, inspections, and testing.
48     Sec. 26.  NEW SECTION.  455B.200A  PERMIT
49   REQUIREMENTS.
50     1.  The department shall issue permits for the

Page  20

 1   construction, including the expansion, of animal
 2   feeding operation structures, including structures
 3   which are part of confinement feeding operations, as
 4   provided by rules adopted pursuant to section
 5   455B.200.  The department shall issue a permit to an
 6   animal feeding operation if an application is
 7   submitted according to procedures required by the
 8   department and the application meets standards
 9   established by the department, regardless of whether
10   the animal feeding operation is required to obtain
11   such a permit.  The department shall not require that
12   a person obtain a permit for the construction of an
13   animal feeding operation structure if the structure is
14   part of a small animal feeding operation.  For
15   purposes of this section, an animal feeding operation
16   structure includes a manure storage structure.
17     2.  The department shall not issue a permit for the
18   construction of an animal feeding operation structure
19   which is part of a confinement feeding operation
20   unless the person submits all of the following:
21     a.  An indemnity fee as provided in section 204.3
22   which the department shall deposit into the manure
23   storage indemnity fund created in section 204.2.
24     b.  A manure management plan as provided in section
25   455B.203.
26     3.  The department shall not issue a permit for the
27   construction of three or more animal feeding operation
28   structures unless the applicant files a statement
29   approved by a professional engineer registered
30   pursuant to chapter 542B certifying that the
31   construction of the animal feeding operation
32   structures will not impede the drainage through
33   established drainage tile lines which cross property
34   boundary lines unless measures are taken to
35   reestablish the drainage prior to completion of
36   construction.
37     4.  Prior to issuing a permit to a person for the
38   construction of an animal feeding operation, the

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