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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