Text: HF02202 Text: HF02204 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 331.302A CONFINEMENT FEEDING
1 2 OPERATIONS.
1 3 1. If a confinement feeding operation, including a related
1 4 animal feeding operation structure, as provided in chapter
1 5 455B, is located in a county, that county board of supervisors
1 6 may enforce the provisions in chapter 455B applicable to
1 7 confinement feeding operations, including rules adopted by the
1 8 department of natural resources as provided in section
1 9 455B.173 against the owner of the confinement feeding
1 10 operation.
1 11 2. In order to proceed in an enforcement action, the board
1 12 must deliver a notice to the department, stating that a
1 13 confinement feeding operation may be in violation of chapter
1 14 455B or departmental rules. The board shall deliver the
1 15 notice after approval of the board action by resolution. The
1 16 notice shall be in writing and shall state the location of the
1 17 confinement feeding operation, the name and address of the
1 18 owner, and an explanation of the possible violation. The
1 19 board may inform the department that the board reserves its
1 20 right to enforce chapter 455B and related rules as provided in
1 21 this section, if the department fails to initiate an
1 22 enforcement action or continue an enforcement action which
1 23 results in an administrative hearing or a settlement of the
1 24 case. The county may begin enforcement proceedings after
1 25 fourteen calendar days following delivery of the notice,
1 26 unless the county receives notice by the department that the
1 27 department has initiated an enforcement action in the case as
1 28 provided in this subsection. The department shall proceed in
1 29 the active enforcement of the case.
1 30 3. Once a county begins an enforcement action as provided
1 31 in this section, it shall be the party in interest in the case
1 32 and shall have sole authority and responsibility to carry out
1 33 the action. The county may refer any case to the attorney
1 34 general. The department of natural resources may assume
1 35 prosecution of the enforcement action from the county.
2 1 However, if the department assumes prosecution of the
2 2 enforcement action, the department shall be required to
2 3 resolve the action.
2 4 4. The county shall bring the enforcement action according
2 5 to the same procedures used for a county infraction as
2 6 provided in section 331.307. However, the civil penalty may
2 7 be for any amount that could be assessed by the department for
2 8 the same violation. The department shall reimburse the county
2 9 for fifty percent of the costs incurred by the county in
2 10 enforcing the action.
2 11 Sec. 2. Section 455B.172, Code 1995, is amended by adding
2 12 the following new subsection:
2 13 NEW SUBSECTION. 9. A county board of supervisors in the
2 14 county where a confinement feeding operation is located may
2 15 enforce the provisions of this chapter including rules adopted
2 16 by the department pursuant to section 455B.173, against the
2 17 confinement feeding operation, as provided in section
2 18 331.302A.
2 19 EXPLANATION
2 20 This bill provides that if a confinement feeding operation
2 21 is located in a county, that county board of supervisors may
2 22 enforce the provisions of chapter 455B applicable to
2 23 confinement feeding operations and related departmental rules.
2 24 The bill provides that in order to proceed, the board must
2 25 deliver a notice to the department, stating that the
2 26 confinement feeding operation may be in violation of state
2 27 law. The board may inform the department that the board
2 28 reserves its right to enforce the law and rules. The county
2 29 may begin enforcement proceedings after 14 calendar days
2 30 following delivery of the notice, unless the department
2 31 commences and maintains active enforcement of the case. The
2 32 county must bring the enforcement action according to the same
2 33 procedures used for a county infraction. However, a civil
2 34 penalty imposed upon a violator may be up to the amount
2 35 assessable by the department which, according to section
3 1 455B.191, cannot exceed $5,000.
3 2 LSB 3913YH 76
3 3 da/jj/8.1
Text: HF02202 Text: HF02204 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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