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PAG LIN
1 1 Section 1. Section 161A.47, subsection 1, Code 1995, is
1 2 amended to read as follows:
1 3 1. In the case of erosion occurring on the site of any
1 4 construction project or similar undertaking involving the
1 5 removal of all or a major portion of the vegetation or other
1 6 cover, exposing bare soil directly to water or wind, state a
1 7 time not more than five days after service or mailing of the
1 8 notice of the order when work necessary to establish or
1 9 maintain erosion control practices must be commenced, and a
1 10 time not more than thirty days after service or mailing of the
1 11 notice of the order when the work is to be satisfactorily
1 12 completed.
1 13 A person who violates an administrative order issued
1 14 pursuant to this subsection which does not involve a farm
1 15 operation as defined in section 352.2 shall be subject to a
1 16 civil penalty not to exceed five thousand dollars for each day
1 17 of the violation. The commissioners may bring an action to
1 18 assess and collect the civil penalty in district court, which
1 19 may be brought as part of any petition to district court for
1 20 an order compelling compliance with the order. The moneys
1 21 collected in civil penalties assessed by the district court as
1 22 part of an action brought by the commissioners shall be
1 23 deposited in the urban erosion control fund as created
1 24 pursuant to section 161C.7.
1 25 Sec. 2. NEW SECTION. 161C.7 URBAN EROSION CONTROL FUND
1 26 &endash; PROJECTS.
1 27 An urban erosion control fund is created within the
1 28 division. The fund is composed of moneys appropriated by the
1 29 general assembly to the fund, moneys collected pursuant to the
1 30 assessment of civil penalties pursuant to section 161A.47, and
1 31 other moneys obtained or accepted by the division from the
1 32 United States or private sources for placement in the fund.
1 33 Moneys in the fund are subject to an annual audit by the
1 34 auditor of state. The fund is subject to warrants by the
1 35 director of revenue and finance, drawn upon the written
2 1 requisition of the division. The fund is appropriated for and
2 2 shall be used to support erosion control programs and projects
2 3 as administered by the division. Moneys may be allocated on a
2 4 cost-share basis. The division may adopt rules to administer
2 5 this section. Section 8.33 shall not apply to moneys in the
2 6 fund. Moneys earned as income, including as interest, from
2 7 the fund shall be credited to and remain in the fund until
2 8 expended as provided in this section.
2 9 EXPLANATION
2 10 This bill amends chapter 161A which regulates soil and
2 11 water conservation. If commissioners of soil and water
2 12 conservation districts find that erosion is occurring on the
2 13 site of any construction project or similar undertaking
2 14 involving the removal of all or a major portion of the
2 15 vegetation, the commissioners must issue an administrative
2 16 order to establish or maintain erosion control practices. The
2 17 bill provides that a person who violates an administrative
2 18 order issued by the commissioners is subject to a civil
2 19 penalty not to exceed $5,000 for each day of the violation.
2 20 The commissioners may bring an action to assess and collect
2 21 the civil penalty in district court. The moneys collected in
2 22 civil penalties assessed by the district court as part of an
2 23 action brought by the commissioners must be deposited in an
2 24 urban erosion control fund created in the bill. The fund is
2 25 administered by the soil conservation division of the
2 26 department of agriculture and land stewardship. Moneys in the
2 27 fund are appropriated for and must be used for purposes of
2 28 supporting erosion control programs and projects as
2 29 administered by the division.
2 30 LSB 2590SC 76
2 31 da/sc/14
Text: SSB00330 Text: SSB00332 Text: SSB00300 - SSB00399 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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