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House Journal: Page 1456: Friday, April 12, 2002

9 management plan as follows:
10 (i) A person who has submitted an original manure
11 management plan prior to April 1, 2002, shall not be
12 required to submit a manure management plan update
13 which includes a phosphorus index, until on and after
14 the four-year anniversary date that the department's
15 rules adopted to implement the phosphorus index become
16 effective.
17 (ii) A person required to submit an original
18 manure management plan on and after April 1, 2002, but
19 prior to the date that is sixty days after the
20 department's rules adopted to implement the phosphorus
21 index become effective, shall not be required to
22 submit a manure management plan update that includes a
23 phosphorus index until on and after the two-year
24 anniversary date that the department's rules adopted
25 to implement the phosphorus index become effective.
26 (iii) A person required to submit an original
27 manure management plan on and after the date that is
28 sixty days after the department's rules adopted to
29 implement the phosphorus index become effective shall
30 include the phosphorus index as part of the original
31 manure management plan and updated manure management
32 plans.
33 Subparagraph subdivisions (b) through (e) and this
34 paragraph are repealed on the date that any person who
35 has submitted an original manure management plan prior
36 to April 1, 2002, is required to submit a manure
37 management plan update which includes a phosphorus
38 index as provided in subparagraph subdivision (c),
39 subparagraph subdivision part (i). The department
40 shall publish a notice in the Iowa administrative
41 bulletin published immediately prior to that date, and
42 the director of the department shall deliver a copy of
43 the notice to the Iowa Code editor.
44 Sec. 40. Section 455B.203, subsection 4, Code
45 2001, is amended to read as follows:
46 4. A person confinement feeding operation
47 classified as a habitual violator or a confinement
48 feeding operation in which a habitual violator owns a
49 controlling interest, as provided in section 455B.191,
50 shall submit a manure management plan to the

Page 36

1 department on an annual basis, which must be approved
2 by the department for the following year of operation.
3 The manure management plan shall be a replacement
4 original manure management plan rather than a manure
5 management plan update. However, the habitual
6 violator required to submit a replacement original
7 manure management plan must submit an annual


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