House Journal: Page 1434: Friday, April 12, 2002
31 airborne pollutants emitted by an animal feeding
32 operation are present at a separated location at
33 levels commonly known to cause a material and
34 verifiable adverse health effect. The department may
35 adopt any comprehensive plans or programs in
36 accordance with chapter 17A prior to implementation or
37 enforcement of an air quality standard but in no event
38 shall the plans and programs provide for the
39 enforcement of an air quality standard prior to
40 December 1, 2004.
41 b. Any air quality standard established by the
42 department for animal feeding operations shall be
43 based on and enforced at distances measured from a
44 confinement feeding operation structure to a separated
45 location. In providing for the enforcement of the
46 standards, the department shall take all initial
47 measurements at the separated location. If the
48 department determines that a violation of the
49 standards exists, the department may conduct an
50 investigation to trace the source of the airborne
Page 14
1 pollutant. This section does not prohibit the
2 department from entering the premises of an animal
3 feeding operation in compliance with section 455B.103.
4 The department shall comply with standard biosecurity
5 requirements customarily required by the animal
6 feeding operation which are necessary in order to
7 control the spread of disease among an animal
8 population.
9 c. The department shall establish recommended best
10 management practices, mechanisms, processes, or
11 infrastructure under the comprehensive plans and
12 programs in order to reduce the airborne pollutants
13 emitted from an animal feeding operation.
14 d. The department shall provide a procedure for
15 the approval and monitoring of alternative or
16 experimental practices, mechanisms, processes, or
17 infrastructure to reduce the airborne pollutants
18 emitted from an animal feeding operation, which may be
19 incorporated as part of the comprehensive plans and
20 programs developed under this section.
21 Sec. 24. NEW SECTION. 455B.167 CIVIL PENALTY.
22 A person who violates this part shall be subject to
23 a civil penalty which shall be established, assessed,
24 and collected in the same manner as provided in
25 section 455B.109. Any civil penalty collected shall
26 be deposited in the animal agriculture compliance fund
27 created in section 455B.127.
28 Sec. 25. Section 455B.171, subsections 2, 3, 4, 5,
29 6, 8, 20, 43, and 47, Code 2001, are amended by
© 2002 Cornell College and
League of Women Voters of Iowa
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