House Journal: Page 1465: Friday, April 12, 2002
Page 44
1 confinement feeding operation structure pursuant to
2 section 455B.200A, as amended by this Act.
3 Notwithstanding section 455B.200E, as enacted in this
4 Act, all of the following shall apply:
5 1. The department shall not approve the
6 application until thirty days following delivery of
7 the application to the county board of supervisors.
8 2. The department shall consider and respond to
9 comments submitted by the county board of supervisors
10 regarding compliance by the applicant with the legal
11 requirements for approving the construction permit in
12 the same manner as provided pursuant to section
13 455B.200A, Code of Iowa 2001.
14 3. The department shall notify the county board of
15 supervisors prior to conducting an inspection of the
16 site on which the construction is proposed in the
17 permit application, and the county may accompany a
18 departmental official during the site inspection, in
19 the same manner as provided in section 455B.200A, Code
20 of Iowa 2001.
21 4. Upon written request by a county resident, the
22 county board of supervisors shall forward a copy of
23 the board's comments and the department's responses to
24 the county resident as provided in chapter 22.
25 5. The department shall notify the applicant and
26 county board of supervisors of the county in which a
27 confinement feeding operation structure subject to a
28 construction permit is proposed to be constructed.
29 The notice shall state the department's decision to
30 approve or disapprove an application for the
31 construction permit which shall be delivered to the
32 applicant and board in the same manner as provided for
33 counties in section 455B.200A, Code of Iowa 2001. The
34 applicant may contest the department's decision by
35 filing a demand for a hearing before an administrative
36 law judge or the environmental protection commission.
37 The board may contest the department's decision by
38 filing a demand for a hearing before the commission.
39 The applicant shall contest the decision and the
40 commission shall conduct the proceeding and render a
41 decision in the same manner as provided in section
42 455B.200E, as enacted by this Act.
43 Sec. 62. ESTABLISHMENT OF A MASTER MATRIX -
44 TECHNICAL ADVISORY COMMITTEE.
45 1. The department of natural resources shall adopt
46 rules establishing a master matrix as required
47 pursuant to section 455B.200F according to
48 recommendations made to the department by a technical
49 advisory committee established pursuant to this
50 section. The technical advisory committee shall be
© 2002 Cornell College and
League of Women Voters of Iowa
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