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Text: SF02374                           Text: SF02376
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Senate File 2375

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  1  1    Section 1.  Section 657.11, Code Supplement 1995, is
  1  2 amended by adding the following new subsection:
  1  3    NEW SUBSECTION.  3A.  The rebuttable presumption does not
  1  4 apply to a person during any period that the person is
  1  5 classified as a chronic violator under this subsection as to
  1  6 any confinement feeding operation in which the person holds a
  1  7 controlling interest, as defined by rules adopted by the
  1  8 department of natural resources.  The rebuttable presumption
  1  9 shall apply to the person on and after the date that the
  1 10 person is removed from the classification of chronic violator.
  1 11 For purposes of this subsection, "confinement feeding
  1 12 operation" means an animal feeding operation in which animals
  1 13 are confined to areas which are totally roofed, and which are
  1 14 regulated by the department of natural resources or the
  1 15 environmental protection commission.
  1 16    a.  A person shall be classified as a chronic violator if
  1 17 the person has committed three or more violations as described
  1 18 in this subsection prior to, on, or after the effective date
  1 19 of this Act.  In addition, in relation to each violation, the
  1 20 person must have been subject to either of the following:
  1 21    (1)  The assessment of a civil penalty by the department or
  1 22 the commission in an amount equal to three thousand dollars or
  1 23 more.
  1 24    (2)  A court order or judgment for a legal action brought
  1 25 by the attorney general after referral by the department or
  1 26 commission.
  1 27    Each violation must have occurred within five years prior
  1 28 to the date of the latest violation, counting any violation
  1 29 committed by a confinement feeding operation in which the
  1 30 person holds a controlling interest.  A violation occurs on
  1 31 the date the department issues an administrative order to the
  1 32 person assessing a civil penalty of three thousand dollars or
  1 33 more, or on the date the department notifies a person in
  1 34 writing that the department will recommend that the commission
  1 35 refer, or the commission refers the case to the attorney
  2  1 general for legal action, or the date of entry of the court
  2  2 order or judgment, whichever occurs first.  A violation under
  2  3 this subsection shall not be counted if the civil penalty
  2  4 ultimately imposed is less than three thousand dollars, the
  2  5 department or commission does not refer the action to the
  2  6 attorney general, the attorney general does not take legal
  2  7 action, or a court order or judgment is not entered against
  2  8 the person.  A person shall be removed from the classification
  2  9 of chronic violator on the date on which the person and all
  2 10 confinement feeding operations in which the person holds a
  2 11 controlling interest have committed less than three violations
  2 12 described in this subsection for the prior five years.
  2 13    b.  For purposes of counting violations, a continuing and
  2 14 uninterrupted violation shall be considered as one violation.
  2 15 Different types of violations shall be counted as separate
  2 16 violations regardless of whether the violations were committed
  2 17 during the same period.  The violation must be a violation of
  2 18 a state statute, or a rule adopted by the department, which
  2 19 applies to a confinement feeding operation and any related
  2 20 animal feeding operation structure, including an anaerobic
  2 21 lagoon, earthen manure storage basin, formed manure storage
  2 22 structure, or egg washwater storage structure; or any related
  2 23 pollution control device or practice.  The structure, device,
  2 24 or practice must be part of the confinement feeding operation.
  2 25 The violation must be one of the following:
  2 26    (1)  Constructing or operating a related animal feeding
  2 27 operation structure or installing or using a related pollution
  2 28 control device or practice, for which the person must obtain a
  2 29 permit, in violation of statute or rules adopted by the
  2 30 department, including the terms or conditions of the permit.
  2 31    (2)  Intentionally making a false statement or
  2 32 misrepresenting information to the department as part of an
  2 33 application for a construction permit for the related animal
  2 34 feeding operation structure, or the installation of the
  2 35 related pollution control device or practice, for which the
  3  1 person must obtain a construction permit from the department.
  3  2    (3)  Failing to obtain a permit or approval by the
  3  3 department for a permit to construct or operate a confinement
  3  4 feeding operation or use a related animal feeding operation
  3  5 structure or pollution control device or practice, for which
  3  6 the person must obtain a permit from the department.
  3  7    (4)  Operating a confinement feeding operation, including a
  3  8 related animal feeding operation structure or pollution
  3  9 control device or practice, which causes pollution to the
  3 10 waters of the state, if the pollution was caused
  3 11 intentionally, or caused by a failure to take measures
  3 12 required to abate the pollution which resulted from an act of
  3 13 God.
  3 14    (5)  Failing to submit a manure management plan as
  3 15 required, or operating a confinement feeding operation
  3 16 required to have a manure management plan without having
  3 17 submitted the manure management plan.  
  3 18 SF 2375
  3 19 da/cc/26

Text: SF02374                           Text: SF02376
Text: SF02300 - SF02399                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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