Text: H08113                            Text: H08115
Text: H08100 - H08199                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index



House Amendment 8114

Amendment Text

PAG LIN
  1  1    Amend the amendment, H-8054, to House File 681 as
  1  2 follows:
  1  3    #1.  By striking page 1, line 4, through page 9,
  1  4 line 24, and inserting the following:
  1  5    ""Sec. ___.  NEW SECTION.  455J.1  DEFINITIONS.
  1  6    As used in this chapter, unless the context
  1  7 otherwise requires:
  1  8    1.  "Compliance assistance" means information and
  1  9 assistance provided by the department to aid an owner
  1 10 or operator in complying with legally mandated
  1 11 environmental requirements.  "Compliance assistance"
  1 12 does not include enforcement inspections or
  1 13 enforcement actions.
  1 14    2.  "Department" means the department of natural
  1 15 resources created under section 455A.2.
  1 16    3.  "Environmental audits" means a systematic,
  1 17 documented, periodic, and objective review by
  1 18 regulated entities of facility operations and
  1 19 practices related to meeting environmental
  1 20 requirements.
  1 21    4.  "Owner or operator" means the person or entity
  1 22 who caused the environmental audit to be undertaken.
  1 23    5.  "Penalty mitigation" means the elimination or
  1 24 mitigation of penalties imposed by the department for
  1 25 violations of environmental laws, rules, or permit
  1 26 conditions.
  1 27    Sec. ___.  NEW SECTION.  455J.2  VIOLATIONS.
  1 28    In order for an owner or operator to be eligible
  1 29 for penalty mitigation under section 455J.3,
  1 30 violations of environmental laws, rules, or permit
  1 31 conditions must be discovered through an environmental
  1 32 audit and not through a legally mandated monitoring or
  1 33 sampling requirement prescribed by statute,
  1 34 regulation, permit, judicial order, or consent
  1 35 agreement.  An owner or operator shall report all
  1 36 violations discovered during an environmental audit to
  1 37 the department within thirty days from the time the
  1 38 discovery is made.
  1 39    Sec. ___.  NEW SECTION.  455J.3  PENALTY
  1 40 MITIGATION.
  1 41    1.  The department shall eliminate a penalty
  1 42 imposed on an owner or operator for a violation
  1 43 reported pursuant to section 455J.2 if the department
  1 44 determines that the owner or operator satisfies all of
  1 45 the following criteria:
  1 46    a.  The owner or operator has made a good faith
  1 47 effort to comply with applicable environmental
  1 48 requirements.
  1 49    b.  The owner or operator has not previously been
  1 50 found to violate the same environmental law, rule, or
  2  1 permit condition.
  2  2    c.  The owner or operator remedies the violation
  2  3 within one hundred eighty days of the violation.  The
  2  4 department may grant one extension of one hundred
  2  5 eighty days if the remedy requires implementing a
  2  6 pollution prevention measure.
  2  7    d.  The owner or operator demonstrates all of the
  2  8 following:
  2  9    (1)  The violation has not caused actual serious
  2 10 harm to public health, safety, or the environment.
  2 11    (2)  The violation is not one that may present an
  2 12 imminent and substantial endangerment to public health
  2 13 or the environment.
  2 14    (3)  The violation does not present a significant
  2 15 health, safety, or environmental threat.
  2 16    (4)  The violation does not involve criminal
  2 17 conduct.
  2 18    2.  The department may mitigate a penalty imposed
  2 19 on an owner or operator for a violation reported
  2 20 pursuant to section 455J.2 if the department
  2 21 determines that the owner or operator satisfies all of
  2 22 the criteria listed in subsection 1, except for
  2 23 paragraph "c".  In determining the appropriate amount
  2 24 to mitigate, the department shall consider, at a
  2 25 minimum, the nature of the violation, the duration of
  2 26 the violation, the environmental or public health
  2 27 impacts of the violation, good faith efforts by the
  2 28 owner or operator to promptly remedy the violation,
  2 29 and the facility's overall record of compliance with
  2 30 environmental laws, rules, and permit conditions.
  2 31    Sec. ___.  NEW SECTION.  455J.4  COMPLIANCE
  2 32 ASSISTANCE.
  2 33    1.  The department may provide on-site compliance
  2 34 assistance to an owner or operator upon request.  If
  2 35 the department is unable to provide compliance
  2 36 assistance to an owner or operator in a timely manner,
  2 37 the department shall within thirty days of receiving
  2 38 the request for compliance assistance provide the
  2 39 owner or operator with notice of the department's
  2 40 inability to provide compliance assistance.
  2 41    2.  Prior to providing on-site compliance
  2 42 assistance, the department shall obtain an agreement
  2 43 with the owner or operator which includes a statement
  2 44 explaining the compliance assistance procedures, the
  2 45 responsibilities of each party, the availability of
  2 46 penalty mitigation, and the responsibilities of the
  2 47 owner or operator for any violation discovered."
  2 48    #2.  Title page, by striking lines 1 and 2 and
  2 49 inserting the following:  "An Act providing for
  2 50 elimination and mitigation of penalties resulting from
  3  1 the reporting of violations discovered in
  3  2 environmental audits and on-site compliance
  3  3 assistance."" 
  3  4 
  3  5 
  3  6                               
  3  7 BURNETT of Story 
  3  8 HF 681.539 77
  3  9 tm/jw/28
     

Text: H08113                            Text: H08115
Text: H08100 - H08199                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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