HF 2260 (LSB 5197YH (5) 87)

HOUSE FILE 2260

BY  WILLS

A BILL FOR

An Act relating to the application of pesticides into lakes, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  206.7A  Discharge of pesticides into natural lakes —— civil penalty.
   1.  A person shall not spray, place, discharge, or otherwise put a pesticide or other chemical into a natural lake, or an artificial lake connected to a natural lake, that is used as a source water for public or private water supplies.
   2.  This section does not apply to an operator who is certified pursuant to this chapter.
   3.  A person who violates this section shall be subject to a civil penalty in the amount of one thousand dollars.
    Sec. 2.  Section 206.22, subsection 2, Code 2018, is amended to read as follows:
   2.  Any person violating any provision of this chapter other than section 206.11, subsection 1, paragraph “a”, or section 206.7A shall be guilty of a serious misdemeanor; provided, that any offense committed more than five years after a previous conviction shall be considered a first offense; and provided, further, that in any case where a registrant was issued a warning by the secretary pursuant to the provisions of this chapter, such registrant shall upon conviction of a violation of any provision of this chapter other than section 206.11, subsection 1, paragraph “a”, be guilty of a serious misdemeanor; and the registration of the article with reference to which the violation occurred shall terminate automatically. An article, the registration of which has been terminated, may not again be registered unless the article, its labeling, and other material required to be submitted appear to the secretary to comply with all the requirements of this chapter.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the application of pesticides into lakes.
   The bill prohibits a person from discharging a pesticide into a natural lake, or an artificial lake connected to a natural lake, that is used as a source water for water supplies unless the person is certified to apply the pesticide pursuant to Code chapter 206. The bill imposes a civil penalty for a violation of the bill in the amount of $1,000.