Text: H08245 Text: H08247 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 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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