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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