Iowa Code 459.506 – Cleanup
Current as of: 2023 | Check for updates
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1. a. A county that has acquired real estate on which there is located a confinement feeding operation following the nonpayment of taxes pursuant to section 446.19, may provide for cleanup, including removing and disposing of manure at any time, remediating contamination which originates from the confinement feeding operation, or demolishing and disposing of structures relating to the confinement feeding operation. The county may seek reimbursement including by bringing an action for the costs of the cleanup from the person abandoning the real estate.
b. If the confinement feeding operation has caused a clear, present, and impending danger to the public health or the environment, the department may clean up the confinement feeding operation and remediate contamination which originates from the confinement feeding operation, pursuant to sections 455B.381 through 455B.399. If the department fails to commence cleanup within twenty-four hours after being notified of a condition requiring cleanup, the county may provide for the cleanup as provided in this paragraph. The department or county may seek reimbursement including by bringing an action for the costs of the cleanup from a person liable for causing the condition.
Terms Used In Iowa Code 459.506
- Confinement feeding operation: means an animal feeding operation in which animals are confined to areas which are totally roofed. See Iowa Code 459.102
- Department: means the department of natural resources created pursuant to section 455A. See Iowa Code 459.102
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Manure: means animal excreta or other commonly associated wastes of animals, including but not limited to bedding, litter, or feed losses. See Iowa Code 459.102
- Person: means an individual, partnership, firm, corporation, or association. See Iowa Code 462A.2
2. A person cleaning up a confinement feeding operation located on real estate acquired by a county may demolish or dispose of any building or equipment of the confinement feeding operation located on the land according to rules adopted by the department pursuant to chapter 17A, which apply to the disposal of farm buildings or equipment by an individual or business organization.