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39 (1) An animal feeding operation structure which is 40 part of one confinement feeding operation is located 41 within one thousand two hundred fifty feet from an 42 animal feeding operation structure which is part of 43 the other confinement feeding operation. 44 (2) The confinement feeding operations have a 45 combined animal weight capacity of the following: 46 (a) For animals other than bovine, less than six 47 hundred twenty-five thousand pounds. 48 (b) For bovine, less than one million six hundred 49 thousand pounds. 50 (3) An animal feeding operation structure subject Page 24 1 to the distance requirements of this paragraph must be 2 constructed or expanded on or after the effective date 3 of this section. 4 b. All of the following apply: 5 (1) An animal feeding operation structure which is 6 part of one confinement feeding operation is located 7 within two thousand five hundred feet from an animal 8 feeding operation structure which is part of the other 9 confinement feeding operation. 10 (2) The confinement feeding operations have a 11 combined animal weight capacity of the following: 12 (a) For animals other than bovine, six hundred 13 twenty-five thousand pounds or more. 14 (b) For bovine, one million six hundred thousand 15 pounds or more. 16 (3) An animal feeding operation structure subject 17 to the distance requirements of this paragraph must be 18 constructed on or after the effective date of this 19 section. 20 2. An animal feeding operation structure is 21 "constructed" in the same manner as provided in 22 section 455B.161A. 23 Sec. 28. Section 445B.201, subsection 4, Code 24 1997, is amended by striking the subsection. 25 Sec. 29. Section 455B.202, Code Supplement 1997, 26 is amended to read as follows: 27 455B.202 CONFINEMENT FEEDING OPERATIONS - PENDING 28 ACTIONS AND HABITUAL VIOLATORS. 29 1. As used in this section,"construction" means30the same as defined by rules adopted by the department31applicable to the construction of animal feeding32operation structures as provided in this partunless 33 the context otherwise requires:.34 a. "Habitual violator" means a person classified 35 as a habitual violator pursuant to section 455B.191. 36 b. "Operation of law" means a transfer by 37 inheritance, devise or bequest, court order, 38 dissolution decree, order in bankruptcy, insolvency,
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