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House Journal: Page 1520: Monday, April 13, 1998

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" means
30   the same as defined by rules adopted by the department
31   applicable to the construction of animal feeding
32   operation structures as provided in this part unless
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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