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House Amendment 8246

Amendment Text

PAG LIN
  1  1    Amend House File 2494 as follows:
  1  2    #1.  Page 24, by inserting before line 5, the
  1  3 following:
  1  4    "Sec. ___.  NEW SECTION.  455B.200C  CLASSIFICATION
  1  5 OF CHRONIC VIOLATORS.
  1  6    1.  A person shall be classified as a chronic
  1  7 violator if the person has committed three or more
  1  8 violations as described in this section prior to, on,
  1  9 or after July 1, 1996.  In addition, in relation to
  1 10 each violation, the person must have been subject to
  1 11 either of the following:
  1 12    a.  The assessment of a civil penalty by the
  1 13 department or the commission in an amount equal to
  1 14 three thousand dollars or more.
  1 15    b.  A court order or judgment for a legal action
  1 16 brought by the attorney general after referral by the
  1 17 department or commission.
  1 18    2.  Each violation must have occurred within five
  1 19 years prior to the date of the latest violation,
  1 20 counting any violation committed by a confinement
  1 21 feeding operation in which the person holds a
  1 22 controlling interest.  A violation occurs on the date
  1 23 the department issues an administrative order to the
  1 24 person assessing a civil penalty of three thousand
  1 25 dollars or more, or on the date the department
  1 26 notifies a person in writing that the department will
  1 27 recommend that the commission refer, or the commission
  1 28 refers the case to the attorney general for legal
  1 29 action, or the date of entry of the court order or
  1 30 judgment, whichever occurs first.  A violation under
  1 31 this section shall not be counted if the civil penalty
  1 32 ultimately imposed is less than three thousand
  1 33 dollars, the department or commission does not refer
  1 34 the action to the attorney general, the attorney
  1 35 general does not take legal action, or a court order
  1 36 or judgment is not entered against the person.  A
  1 37 person shall be removed from the classification of
  1 38 chronic violator on the date on which the person and
  1 39 all confinement feeding operations in which the person
  1 40 holds a controlling interest have committed less than
  1 41 three violations described in this section for the
  1 42 prior five years.
  1 43    3.  For purposes of counting violations, a
  1 44 continuing and uninterrupted violation shall be
  1 45 considered as one violation.  Different types of
  1 46 violations shall be counted as separate violations
  1 47 regardless of whether the violations were committed
  1 48 during the same period.  The violation must be a
  1 49 violation of a state statute, or a rule adopted by the
  1 50 department, which applies to a confinement feeding
  2  1 operation and any related animal feeding operation
  2  2 structure, including an anaerobic lagoon, earthen
  2  3 manure storage basin, formed manure storage structure,
  2  4 or egg washwater storage structure, or any related
  2  5 pollution control device or practice.  The structure,
  2  6 device, or practice must be part of the confinement
  2  7 feeding operation.  The violation must be one of the
  2  8 following:
  2  9    a.  Constructing or operating a related animal
  2 10 feeding operation structure or installing or using a
  2 11 related pollution control device or practice, for
  2 12 which the person must obtain a permit, in violation of
  2 13 statute or rules adopted by the department, including
  2 14 the terms or conditions of the permit.
  2 15    b.  Intentionally making a false statement or
  2 16 misrepresenting information to the department as part
  2 17 of an application for a construction permit for the
  2 18 related animal feeding operation structure, or the
  2 19 installation of the related pollution control device
  2 20 or practice, for which the person must obtain a
  2 21 construction permit from the department.
  2 22    c.  Failing to obtain a permit or approval by the
  2 23 department for a permit to construct or operate a
  2 24 confinement feeding operation or use a related animal
  2 25 feeding operation structure or pollution control
  2 26 device or practice, for which the person must obtain a
  2 27 permit from the department.
  2 28    d.  Operating a confinement feeding operation,
  2 29 including a related animal feeding operation structure
  2 30 or pollution control device or practice, which causes
  2 31 pollution to the waters of the state, if the pollution
  2 32 was caused intentionally, or caused by a failure to
  2 33 take measures required to abate the pollution which
  2 34 resulted from an act of God.
  2 35    e.  Failing to submit a manure management plan as
  2 36 required, or operating a confinement feeding operation
  2 37 required to have a manure management plan without
  2 38 having submitted the manure management plan."
  2 39    #2.  Page 24, line 14, by striking the figure
  2 40 "657.11" and inserting the following:  "455B.200C".
  2 41    #3.  Page 37, by inserting after line 24, the
  2 42 following:
  2 43    "Sec. __.  Section 657.11, Code 1997, is repealed."
  2 44    #4.  By renumbering as necessary.  
  2 45 
  2 46 
  2 47                               
  2 48 KOENIGS of Mitchell 
  2 49 HF 2494.315 77
  2 50 da/cf/28
     

Text: H08245                            Text: H08247
Text: H08200 - H08299                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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