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House Journal: Page 1522: Monday, April 13, 1998

39   confinement feeding operation for five years after the
40   date of the last violation committed by a person or
41   confinement feeding operation in which the person
42   holds a controlling interest during which the person
43   or operation was classified as a habitual violator
44   under section 455B.191.
45     3. c.  This section subsection shall not
prohi bit a
46   person from completing the construction or expansion
47   of an animal feeding operation structure, if any of
48   the following apply:
49     a. (1)  The person has an unexpired permit for the
50   construction or expansion of the animal feeding

Page  26

 1   operation structure.
 2     b. (2)  The person is not required to obtain a
 3   permit for the construction or expansion of the animal
 4   feeding operation structure.
 5     d.  For purposes of this subsection, "construct" or
 6   "expand" includes financing and contracting to build
 7   an animal feeding operation structure regardless of
 8   whether the person subsequently leases, owns, or
 9   operates the animal feeding operation structure.
10     3.  A person who receives a controlling interest in
11   a suspect site pursuant to a suspect transaction must
12   submit a notice of the transaction to the department
13   within thirty days.  If, after notice and opportunity
14   to be heard, pursuant to the contested case provisions
15   of chapter 17A, the department finds that one purpose
16   of the transaction was to avoid the conditions and
17   enhanced penalties imposed upon a habitual violator,
18   the person shall be subject to the same conditions and
19   enhanced penalties as applied to the habitual violator
20   at the time of the transaction.
21     4.  The department shall conduct an annual review
22   of each confinement feeding operation which is a
23   habitual violator and each confinement feeding
24   operation in which a habitual violator holds a
25   controlling interest.
26     Sec. 30.  Section 455B.203, subsection 1, Code
27   1997, is amended to read as follows:
28     1.  In order to receive The following persons
shall
29   submit a manure management plan to the department:
30     a.  The owner of a confinement feeding operation,
31   other than a small animal feeding operation, if the
32   animal feeding operation was constructed after May 31,
33   1985, regardless of whether the confinement feeding
34   operation was required to be constructed pursuant to a
35   construction permit approved by rules adopted by the
36   department.
37     b.  The owner of a confinement feeding operation,
38   if the confinement feeding operation is required to be

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