House Journal: Page 1423: Friday, April 12, 2002
42 (4) The collection of civil penalties assessed by
43 the department and interest on civil penalties,
44 arising out of violations involving animal feeding
45 operations as provided in sections 455B.167 and
46 455B.207.
47 b. The assessment account is composed of moneys
48 collected from the annual compliance fee required
49 pursuant to section 455B.203C.
50 3. Moneys in the compliance fund are appropriated
Page 3
1 to the department exclusively to pay the expenses of
2 the department in administering and enforcing the
3 provisions of division II, part 2, and division III,
4 part 1, subpart A, as necessary to ensure that animal
5 feeding operations comply with all applicable
6 requirements of those provisions, including rules
7 adopted or orders issued by the department pursuant to
8 those provisions. The moneys shall not be
9 transferred, used, obligated, appropriated, or
10 otherwise encumbered except as provided in this
11 subsection. The department shall not transfer moneys
12 from the compliance fund's assessment account to
13 another fund or account, including but not limited to
14 the fund's general account.
15 4. Moneys in the fund, which may be subject to
16 warrants written by the director of revenue and
17 finance, shall be drawn upon the written requisition
18 of the director of the department of natural resources
19 or an authorized representative of the director.
20 5. Notwithstanding section 8.33, any unexpended
21 balance in the compliance fund at the end of the
22 fiscal year shall be retained in the fund.
23 Notwithstanding section 12C.7, subsection 2, interest,
24 earnings on investments, or time deposits of the
25 moneys in the compliance fund shall be credited to the
26 fund.
27 Sec. 7. Section 455B.161, subsections 2, 3, 4, 5,
28 9, 11, 16, 21, and 24, Code 2001, are amended to read
29 as follows:
30 2. "Anaerobic lagoon" means an impoundment used in
31 conjunction with an animal feeding operation unformed
32 manure storage structure, if the primary function of
33 the impoundment structure is to store and stabilize
34 organic wastes manure, the impoundment structure is
35 designed to receive wastes manure on a regular basis,
36 and the impoundment's structure's design waste loading
37 rates provide that the predominant biological activity
38 is anaerobic. An anaerobic lagoon does not include
39 any of the following:
40 a. A confinement feeding operation structure.
© 2002 Cornell College and
League of Women Voters of Iowa
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