Text: H03582 Text: H03584 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 6, by inserting after line 27 the
1 3 following:
1 4 "Sec. . NEW SECTION. 331.302A CONFINEMENT
1 5 FEEDING OPERATIONS.
1 6 The board of supervisors in the county where the
1 7 operation is located may enforce sections 455B.202 and
1 8 455B.203, including rules adopted pursuant to those
1 9 sections. The board must deliver a notice by
1 10 certified mail to the department, stating that an
1 11 operation may be in violation of the sections or
1 12 departmental rules. The board shall deliver the
1 13 notice only after approval of the action by
1 14 resolution. The notice shall be in writing and shall
1 15 state the location of the operation, the name and
1 16 address of the owner, and an explanation of the
1 17 possible violation. The board may inform the de-
1 18 partment that the board reserves its right to enforce
1 19 the sections or rules as provided in this section, if
1 20 the department fails to initiate an investigation or
1 21 enforcement action or continue an enforcement action
1 22 which results in an administrative hearing or a
1 23 settlement of the case. The county may begin
1 24 enforcement proceedings after thirty days following
1 25 delivery of the notice, unless the department
1 26 commences and maintains active enforcement of the
1 27 sections or its rules. The county shall not initiate
1 28 or continue an enforcement action if the county
1 29 receives notice and results of the investigation by
1 30 the department that the department has conducted an
1 31 investigation and has determined that the operation is
1 32 not in violation of the sections or departmental
1 33 rules. Once the county begins an enforcement action,
1 34 it shall be the party in interest in the case and have
1 35 sole authority and responsibility to proceed with the
1 36 action. The county may refer any case to the attorney
1 37 general. The department of natural resources may
1 38 assume the enforcement action from the county.
1 39 However, if the department assumes the enforcement
1 40 action, the department shall be required to resolve
1 41 the action. The county shall bring the enforcement
1 42 action according to the same procedures used for a
1 43 county infraction as provided in section 331.307.
1 44 However, the civil penalty may be for any amount that
1 45 could be assessed by the department."
1 46 #2. Page 16, line 17, by inserting after the
1 47 figure "17A." the following: "A county in which the
1 48 confinement feeding operation is located may require
1 49 that a copy of the plan be filed with the county."
1 50 #3. Page 17, line 25, by inserting after the word
2 1 "plan." the following: "A county may also inspect the
2 2 confinement feeding operation and records required to
2 3 be maintained as part of the manure management plan,
2 4 if the county initiates an enforcement action as
2 5 provided in section 331.302A."
2 6 #4. Page 17, line 26, by striking the words "the
2 7 departmental" and inserting the following: "a
2 8 departmental or county".
2 9 #5. By renumbering as necessary.
2 10
2 11
2 12
2 13 KOENIGS of Mitchell
2 14 HF 519.303 76
2 15 da/cf
Text: H03582 Text: H03584 Text: H03500 - H03599 Text: H Index Bills and Amendments: General Index Bill History: General Index
Iowa General Assembly
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