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House Journal: Page 1523: Monday, April 13, 1998

39   constructed pursuant to a permit issued by the
40   department pursuant to section 455B.200A.
41     c.  A person who applies manure from a confinement
42   feeding operation, other than a small animal feeding
43   operation, which is located in another state, if the
44   manure is applied on land located in this state.
45     1A.  A person shall not remove manure from a manure
46   storage structure which is part of a confinement
47   feeding operation for which a manure management plan
48   is required under this section, unless the department
49   approves a manure management plan submitted by the
50   owner of the confinement feeding operation as provided

Page  27

 1   by the department on forms prescribed by the
 2   department.  The department may adopt rules allowing a
 3   person to remove manure from a manure storage
 4   structure until the manure management plan is approved
 5   or disapproved by the department according to terms
 6   and conditions required by rules adopted by the
 7   department.  The department shall approve or
 8   disapprove a manure management plan within sixty days
 9   of the date that the department receives a completed
10   plan.  The department shall not issue a permit for the
11   construction of a confinement feeding operation or a
12   related animal feeding operation structure unless the
13   applicant submits a manure management plan together
14   with an application as provided in section 455B.173,
a
15   person shall submit a manure management plan to the
16   department together with the application for a
17   construction permit 455B.200A.
18     Sec. 31.  Section 455B.203, subsection 4,
19   unnumbered paragraph 1, Code 1997, is amended to read
20   as follows:
21     A person receiving a permit for the construction of
22   a confinement feeding operation required to submit a
23   manure management plan to the department shall
24   maintain a current manure management plan and maintain
25   records sufficient to demonstrate compliance with the
26   manure management plan.  Chapter 22 shall not apply to
27   the records which shall be kept confidential by the
28   department and its agents and employees.  The contents
29   of the records are not subject to disclosure except as
30   follows:
31     Sec. 32.  Section 455B.203, subsection 5, Code
32   1997, is amended to read as follows:
33     5.  The department may inspect the confinement
34   feeding operation at any time during normal working
35   hours, and may inspect records required to be
36   maintained as part of the manure management plan.  The
37   department shall regularly inspect a confinement
38   feeding operation if the operation or a person holding

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