Text: H03580 Text: H03582 Text: H03500 - H03599 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Amend House File 519 as follows:
1 2 #1. Page 1, line 2, by inserting after the word
1 3 "AREAS" the following: " &endash; ADOPTION OF RULES".
1 4 #2. Page 14, line 21, by inserting after the word
1 5 "pending." the following: "The department shall not
1 6 issue a permit to a person under this subsection for
1 7 five years after the date of the last offense
1 8 committed by a person or animal feeding operation in
1 9 which the person holds a controlling interest during
1 10 which the person or operation was classified as a
1 11 habitual offender under section 455B.191. The
1 12 department shall conduct an annual review of each
1 13 confinement feeding operation which is a habitual
1 14 offender and each confinement feeding operation in
1 15 which a habitual offender holds a controlling
1 16 interest. The department shall notify persons
1 17 classified as habitual offenders of their
1 18 classification, additional restrictions imposed upon
1 19 the persons pursuant to the classification, and
1 20 special civil penalties that may be imposed upon the
1 21 persons. The notice shall be sent to the persons by
1 22 certified mail."
1 23 #3. Page 14, by striking lines 24 through 32 and
1 24 inserting the following:
1 25 "NEW SUBSECTION. 7. The department may impose a
1 26 civil penalty upon a habitual offender which shall not
1 27 exceed twenty-five thousand dollars for each day the
1 28 offense continues. A person shall be classified as a
1 29 habitual offender, if the person has committed three
1 30 or more offenses as described in this subsection prior
1 31 to or after the effective date of this Act, and was
1 32 subject to the assessment of a civil penalty or a
1 33 court conviction, in the five years prior to the date
1 34 of the latest offense, counting any offense committed
1 35 by a confinement feeding operation in which the person
1 36 holds a controlling interest. A person shall be
1 37 removed from the classification of habitual offender
1 38 on the date on which the person and all animal feeding
1 39 operations in which the person holds a controlling
1 40 interest have committed less than three offenses
1 41 described in this subsection for the prior five years.
1 42 For purposes of counting offenses, a continuing and
1 43 uninterrupted offense shall be considered as one
1 44 offense. Different types of offenses shall be counted
1 45 as separate offenses regardless of whether the
1 46 offenses were committed during the same period. An
1 47 offense must relate to one of the following:
1 48 a. The construction or operation of a confinement
1 49 feeding operation structure or anaerobic lagoon which
1 50 is part of a confinement feeding operation, or the
2 1 installation or use of a related pollution control
2 2 device or practice, for which the person must obtain a
2 3 permit, in violation of this chapter, or rules adopted
2 4 by the department, including the terms or conditions
2 5 of the permit.
2 6 b. Intentionally making a false statement or
2 7 misrepresenting information to the department as part
2 8 of an application for a construction permit for a
2 9 confinement feeding operation structure or anaerobic
2 10 lagoon which is part of a confinement feeding
2 11 operation, or the installation of a related pollution
2 12 control device or practice for which the person must
2 13 obtain a construction permit.
2 14 c. Failing to obtain a permit or approval by the
2 15 department in violation of this chapter or
2 16 departmental rule which requires a permit to construct
2 17 or operate a confinement feeding operation or use a
2 18 confinement feeding operation structure, anaerobic
2 19 lagoon, or a pollution control device or practice
2 20 which is part of a confinement feeding operation.
2 21 d. Operating a confinement feeding operation,
2 22 including a confinement feeding operation structure
2 23 or anaerobic lagoon which is part of a confinement
2 24 feeding operation, or the related pollution control
2 25 device or practice, which causes pollution to the
2 26 waters of the state, if the pollution was caused
2 27 intentionally, or caused by a failure to take measures
2 28 required to abate the pollution which resulted from an
2 29 act of God.
2 30 e. Failing to submit a manure management plan as
2 31 required pursuant to section 455B.203, or operating a
2 32 confinement feeding operation without having a manure
2 33 management plan approved by the department.
2 34 This subsection shall not apply, unless the
2 35 department of natural resources has previously
2 36 notified the person of the person's classification as
2 37 a habitual offender as provided in section 455B.173."
2 38 #4. Page 16, line 17, by inserting after the
2 39 figure "17A." the following: "A person classified as
2 40 a habitual offender or a confinement feeding operation
2 41 in which a habitual offender owns a controlling
2 42 interest, pursuant to section 455B.191, must submit a
2 43 manure management plan to the department on an annual
2 44 basis, which must be approved by the department for
2 45 the following year of operation."
2 46 #5. Page 17, line 25, by inserting after the word
2 47 "plan." the following: "The department shall
2 48 regularly inspect a confinement feeding operation if
2 49 the operation or a person holding a controlling
2 50 interest in the operation is classified as a habitual
3 1 offender pursuant to section 455B.191. The department
3 2 shall assess and the confinement feeding operation
3 3 shall pay the actual costs of the inspection."
3 4
3 5
3 6
3 7 TEIG of Hamilton
3 8
3 9
3 10
3 11 SUKUP of Franklin
3 12 HF 519.313 76
3 13 da/cf
Text: H03580 Text: H03582 Text: H03500 - H03599 Text: H Index Bills and Amendments: General Index Bill History: General Index
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