Text: H08223 Text: H08225 Text: H08200 - H08299 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Amend House File 2494 as follows:
1 2 #1. Page 35, by inserting after line 29 the
1 3 following:
1 4 "Sec. . NEW SECTION. 455B.207 CONFINEMENT
1 5 FEEDING OPERATIONS – COUNTY POWERS AND DUTIES.
1 6 The board of supervisors in the county where a
1 7 confinement feeding operation is located may enforce
1 8 sections 455B.201 through 455B.206, including rules
1 9 adopted pursuant to those sections. The board must
1 10 deliver a notice by certified mail to the department,
1 11 stating that an operation may be in violation of the
1 12 sections or departmental rules. The board shall
1 13 deliver the notice only after approval of the action
1 14 by resolution. The notice shall be in writing and
1 15 shall state the location of the operation, the name
1 16 and address of the owner, and an explanation of the
1 17 possible violation. The board may inform the
1 18 department that the board reserves its right to
1 19 enforce the sections or rules as provided in this
1 20 section, if the department fails to initiate an
1 21 investigation or enforcement action or continue an
1 22 enforcement action which results in an administrative
1 23 hearing or a settlement of the case. The county may
1 24 begin enforcement proceedings after thirty days
1 25 following delivery of the notice, unless the
1 26 department commences and maintains active enforcement
1 27 of the sections or its rules. The county shall not
1 28 initiate or continue an enforcement action if the
1 29 county receives notice and results of the
1 30 investigation by the department that the department
1 31 has conducted an investigation and has determined that
1 32 the operation is not in violation of the sections or
1 33 departmental rules. Once the county begins an
1 34 enforcement action, it shall be the party in interest
1 35 in the case and have sole authority and responsibility
1 36 to proceed with the action. The county may refer any
1 37 case to the attorney general. The department of
1 38 natural resources may assume the enforcement action
1 39 from the county. However, if the department assumes
1 40 the enforcement action, the department shall be
1 41 required to resolve the action. The county shall
1 42 bring the enforcement action according to the same
1 43 procedures used for a county infraction as provided in
1 44 section 331.307. However, the civil penalty may be
1 45 for any amount that could be assessed by the
1 46 department."
1 47 #2. By renumbering as necessary.
1 48
1 49
1 50
2 1 MERTZ of Kossuth
2 2 HF 2494.510 77
2 3 da/jw/28
Text: H08223 Text: H08225 Text: H08200 - H08299 Text: H Index Bills and Amendments: General Index Bill History: General Index
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