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House Journal: Page 1529: Monday, April 13, 1998

39   lowering the groundwater table, the department shall
40   confirm that the proposed system meets standards
41   necessary to ensure that the structure does not
42   pollute groundwater sources.  If the department allows
43   drain tile installed to lower a groundwater table to
44   remain where located, the department shall require
45   that a device be installed to allow monitoring of the
46   water in the drain tile line.  The department shall
47   also require the installation of a device to allow
48   shutoff of the drain tile lines, if the drain tile
49   lines do not have a surface outlet accessible on the
50   property where the structure is located.

Page  33

 1     3.  a.  The department shall conduct a routine
 2   inspection of each unformed manure storage structure
 3   at least once each year.  A routine inspection
 4   conducted pursuant to this subsection shall be limited
 5   to a visual inspection of the site where the unformed
 6   manure storage structure is located.  The department
 7   shall inspect the site at a reasonable time after
 8   providing at least twenty-four hours' notice to the
 9   person owning or managing the confinement feeding
10   operation.  The visual inspection shall include, but
11   not be limited to, determining whether any of the
12   following exists:
13     (1)  An adequate freeboard level.
14     (2)  The seepage of manure from the unformed manure
15   storage structure.
16     (3)  Erosion.
17     (4)  Inadequate vegetation cover.
18     (5)  The presence of an opening allowing manure to
19   drain from the unformed manure storage structure.
20     b.  Nothing in this subsection restricts the
21   department from conducting an inspection of an animal
22   feeding operation which is not routine.
23     Sec. 37.  NEW SECTION.  455B.206  EXCEPTION TO
24   REGULATION.
25     1.  As used in this section, "research college"
26   means an accredited public or private college or
27   university, including but not limited to a university
28   under the control of the state board of regents as
29   provided in chapter 262, or a community college under
30   the jurisdiction of a board of directors for a merged
31   area as provided in chapter 260C, if the college or
32   university performs research or experimental
33   activities regarding animal agriculture or agronomy.
34     2.  The requirements of this part which regulate
35   animal feeding operations, including rules adopted by
36   the department pursuant to section 455B.200, shall not
37   apply to research activities and experiments performed
38   under the authority and regulations of a research

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