House Journal: Page 1433: Friday, April 12, 2002
32 capacity, whichever is applicable, is not increased
33 for that portion of the animal confinement feeding
34 operation that utilizes all replacement formed manure
35 storage structures.
36 Sec. 21. Section 455B.165, subsections 1, 4, and
37 5, Code 2001, are amended by striking the subsections.
38 Sec. 22. Section 455B.165, subsection 3, paragraph
39 a, Code 2001, is amended to read as follows:
40 a. An animal A confinement feeding operation
41 structure which is constructed or expanded, if the
42 titleholder of the land benefiting from the distance
43 separation requirement executes a written waiver with
44 the titleholder of the land where the structure is
45 located. If an animal a confinement feeding operation
46 structure is constructed or expanded within the
47 separation distance required between an animal a
48 confinement feeding operation structure and a public
49 thoroughfare as required pursuant to section 455B.162,
50 the state or a political subdivision constructing or
Page 13
1 maintaining the public thoroughfare benefiting from
2 the distance separation requirement may execute a
3 written waiver with the titleholder of the land where
4 the structure is located. The animal confinement
5 feeding operation structure shall be constructed or
6 expanded under such terms and conditions that the
7 parties negotiate.
8 Sec. 23. NEW SECTION. 455B.166 DEPARTMENT OF
9 NATURAL RESOURCES - DEVELOPMENT OF COMPREHENSIVE
10 PLANS AND PROGRAMS FOR AIR QUALITY.
11 1. As used in this section, unless the context
12 otherwise requires:
13 a. "Airborne pollutant" means hydrogen sulfide,
14 ammonia, or odor.
15 b. "Separated location" means a location or object
16 from which a separation distance is required under
17 section 455B.162, other than a public thoroughfare.
18 2. The department shall conduct a comprehensive
19 field study to monitor the level of airborne
20 pollutants emitted from animal feeding operations in
21 this state, including but not limited to each type of
22 confinement feeding operation structure.
23 3. a. After the completion of the field study,
24 the department may develop comprehensive plans and
25 programs for the abatement, control, and prevention of
26 airborne pollutants originating from animal feeding
27 operations in accordance with this section. The
28 comprehensive plans and programs may be developed if
29 the baseline data from the field study demonstrates to
30 a reasonable degree of scientific certainty that
© 2002 Cornell College and
League of Women Voters of Iowa
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