Text: H08230 Text: H08232 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 37, by inserting after line 24 the 1 3 following: 1 4 "Sec. . Section 657.11, subsection 4, Code 1 5 1997, is amended by striking the subsection. 1 6 Sec. . NEW SECTION. 657.11A CHRONIC 1 7 VIOLATORS. 1 8 1. As used in this section, unless the context 1 9 otherwise requires: 1 10 a. "Commission" means the environmental protection 1 11 commission created in section 455A.6. 1 12 b. "Confinement feeding operation" means the same 1 13 as defined in section 455B.161. 1 14 c. "Department" means the department of natural 1 15 resources. 1 16 d. "Suspect site" means a confinement feeding 1 17 operation or land where a confinement feeding 1 18 operation could be constructed, if the site is subject 1 19 to a suspect transaction. 1 20 e. "Suspect transaction" means a transaction in 1 21 which a person classified as a chronic violator under 1 22 this section does any of the following: 1 23 (1) Transfers a controlling interest in a suspect 1 24 site to any of the following: 1 25 (a) An employee of the chronic violator or 1 26 business in which the person holds a controlling 1 27 interest. 1 28 (b) A person who holds an interest in a business, 1 29 including a confinement feeding operation, in which 1 30 the chronic violator holds a controlling interest. 1 31 (c) A person related to the chronic violator as 1 32 spouse, parent, grandparent, lineal ascendant of a 1 33 grandparent or spouse and any other lineal descendant 1 34 of the grandparent or spouse, or a person acting in a 1 35 fiduciary capacity for a related person. 1 36 (2) Provides financing for the construction or 1 37 operation of a confinement feeding operation to any 1 38 person, including by providing a contribution, loan to 1 39 the person, or providing collateral for a contribution 1 40 or loan made by a third person. 1 41 2. The rebuttable presumption provided in section 1 42 657.11 does not apply to a person during any period 1 43 that the person is classified as a chronic violator 1 44 under this section as to any confinement feeding 1 45 operation in which the person holds a controlling 1 46 interest, as defined by rules adopted by the 1 47 department of natural resources. The rebuttable 1 48 presumption shall apply to the person on and after the 1 49 date that the person is removed from the 1 50 classification of chronic violator. 2 1 3. A person shall be classified as a chronic 2 2 violator if the person has committed three or more 2 3 violations as described in this subsection prior to, 2 4 on, or after July 1, 1996. In addition, in relation 2 5 to each violation, the person must have been subject 2 6 to either of the following: 2 7 a. The assessment of a civil penalty by the 2 8 department or the commission in an amount equal to 2 9 three thousand dollars or more. 2 10 b. A court order or judgment for a legal action 2 11 brought by the attorney general after referral by the 2 12 department or commission. 2 13 4. Each violation must have occurred within five 2 14 years prior to the date of the latest violation, 2 15 counting any violation committed by a confinement 2 16 feeding operation in which the person holds a 2 17 controlling interest. A violation occurs on the date 2 18 the department issues an administrative order to the 2 19 person assessing a civil penalty of three thousand 2 20 dollars or more, or on the date the department 2 21 notifies a person in writing that the department will 2 22 recommend that the commission refer, or the commission 2 23 refers the case to the attorney general for legal 2 24 action, or the date of entry of the court order or 2 25 judgment, whichever occurs first. A violation under 2 26 this subsection shall not be counted if the civil 2 27 penalty ultimately imposed is less than three thousand 2 28 dollars, the department or commission does not refer 2 29 the action to the attorney general, the attorney 2 30 general does not take legal action, or a court order 2 31 or judgment is not entered against the person. A 2 32 person shall be removed from the classification of 2 33 chronic violator on the date on which the person and 2 34 all confinement feeding operations in which the person 2 35 holds a controlling interest have committed less than 2 36 three violations described in this subsection for the 2 37 prior five years. 2 38 5. For purposes of counting violations, a 2 39 continuing and uninterrupted violation shall be 2 40 considered as one violation. Different types of 2 41 violations shall be counted as separate violations 2 42 regardless of whether the violations were committed 2 43 during the same period. The violation must be a 2 44 violation of a state statute, or a rule adopted by the 2 45 department, which applies to a confinement feeding 2 46 operation and any related animal feeding operation 2 47 structure, including an anaerobic lagoon, earthen 2 48 manure storage basin, formed manure storage structure, 2 49 or egg washwater storage structure, or any related 2 50 pollution control device or practice. The structure, 3 1 device, or practice must be part of the confinement 3 2 feeding operation. The violation must be one of the 3 3 following: 3 4 a. Constructing or operating a related animal 3 5 feeding operation structure or installing or using a 3 6 related pollution control device or practice, for 3 7 which the person must obtain a permit, in violation of 3 8 statute or rules adopted by the department, including 3 9 the terms or conditions of the permit. 3 10 b. Intentionally making a false statement or 3 11 misrepresenting information to the department as part 3 12 of an application for a construction permit for the 3 13 related animal feeding operation structure, or the 3 14 installation of the related pollution control device 3 15 or practice, for which the person must obtain a 3 16 construction permit from the department. 3 17 c. Failing to obtain a permit or approval by the 3 18 department for a permit to construct or operate a 3 19 confinement feeding operation or use a related animal 3 20 feeding operation structure or pollution control 3 21 device or practice, for which the person must obtain a 3 22 permit from the department. 3 23 d. Operating a confinement feeding operation, 3 24 including a related animal feeding operation structure 3 25 or pollution control device or practice, which causes 3 26 pollution to the waters of the state, if the pollution 3 27 was caused intentionally, or caused by a failure to 3 28 take measures required to abate the pollution which 3 29 resulted from an act of God. 3 30 e. Failing to submit a manure management plan as 3 31 required, or operating a confinement feeding operation 3 32 required to have a manure management plan without 3 33 having submitted the manure management plan. 3 34 6. A suspect transaction shall be presumed to be 3 35 made in order to avoid a cause of action for nuisance 3 36 brought against the person classified as a chronic 3 37 violator. The person receiving control of the 3 38 operation pursuant to the suspect transaction shall be 3 39 deemed to be an agent of the chronic violator, unless 3 40 the chronic violator and the person receiving the 3 41 controlling interest in the confinement feeding 3 42 operation because of the suspect transaction, prove by 3 43 clear and convincing evidence all of the following: 3 44 a. That the suspect transaction was for a 3 45 legitimate business purpose made by parties exercising 3 46 independent and reasonable judgment. 3 47 b. That the chronic violator does not exercise a 3 48 controlling influence over the business affairs of the 3 49 confinement feeding operation. 3 50 7. If the person receiving control of a suspect 4 1 site is deemed to be an agent of a chronic violator, 4 2 the presumption that the confinement feeding operation 4 3 is not a public or private nuisance as provided in 4 4 section 657.11 shall not apply for as long as the 4 5 chronic violator, including the agent, or the 4 6 confinement feeding operation is classified as a 4 7 chronic violator." 4 8 #2. By renumbering as necessary. 4 9 4 10 4 11 4 12 WEIGEL of Chickasaw 4 13 HF 2494.307 77 4 14 da/cf/28
Text: H08230 Text: H08232 Text: H08200 - H08299 Text: H Index Bills and Amendments: General Index Bill History: General Index
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