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House Journal: Page 1518: Monday, April 13, 1998

39     (2)  The board may hold a public hearing to receive
40   public comments regarding the application for the
41   construction permit.  The county board of supervisors
42   may submit comments by the board and the public to the
43   department as provided in this section, including but
44   not limited to all of the following:
45     (a)  The existence of an object or location not
46   included in the construction permit application which
47   benefits from a separation distance requirement as
48   provided in section 455B.162 or 455B.204.
49     (b)  The suitability of soils and the hydrology of
50   the site where construction or expansion of a

Page  22

 1   confinement feeding operation or related animal
 2   feeding operation structure is proposed.
 3     (c)  The availability of land for the application
 4   of manure originating from the confinement feeding
 5   operation.
 6     (d)  Whether the construction or expansion of a
 7   proposed animal feeding operation structure will
 8   impede drainage through established tile lines,
 9   laterals, or other improvements which are constructed
10   to facilitate the drainage of land not owned by the
11   person applying for the construction permit.
12     b.  The department shall notify the county board of
13   supervisors at least three days prior to conducting an
14   inspection of the site that the construction is
15   proposed in the permit application.  The county board
16   of supervisors may designate a county employee to
17   accompany a departmental official during the site
18   inspection.  The county designee shall have the same
19   right to access to the site's real estate as the
20   departmental official conducting the inspection during
21   the period that the county designee accompanies the
22   departmental official.
23     c.  The department shall not approve the
24   application until thirty days following delivery of
25   the application to the county board of supervisors.
26     d.  The department shall consider and respond to
27   comments submitted by the county board of supervisors
28   regarding compliance by the applicant with the legal
29   requirements for approving the construction permit as
30   provided in this chapter, including rules adopted by
31   the department pursuant to section 455B.200, if the
32   comments are delivered to the department within thirty
33   days after receipt of the application by the county
34   board of supervisors.  Upon written request by a
35   county resident, the county board of supervisors shall
36   forward a copy of the board's comments and the
37   department's responses to the county resident as
38   provided in chapter 22.

© 1998 Cornell College and League of Women Voters of Iowa

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Last update: Tue Apr 14 13:40:03 CDT 1998
URL: /DOCS/GA/77GA/Session.2/HJournal/01500/01518.html
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