Text: H08358 Text: H08360 Text: H08300 - H08399 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend the amendment, H-8177, to House File 2494 as 1 2 follows: 1 3 #1. Page 2, by striking lines 21 through 39 and 1 4 inserting the following: 1 5 "Sec. . Section 657.11, subsection 4, Code 1 6 1997, is amended by striking the subsection. 1 7 Sec. . NEW SECTION. 657.11A CHRONIC 1 8 VIOLATORS. 1 9 1. As used in this section, unless the context 1 10 otherwise requires: 1 11 a. "Commission" means the environmental protection 1 12 commission created in section 455A.6. 1 13 b. "Confinement feeding operation" means the same 1 14 as defined in section 455B.161. 1 15 c. "Department" means the department of natural 1 16 resources. 1 17 d. "Suspect transaction" means a transaction in 1 18 which a person classified as a chronic violator under 1 19 this section does any of the following: 1 20 (1) Transfers a controlling interest in a 1 21 confinement feeding operation to any of the following: 1 22 (a) An employee of the chronic violator or 1 23 business in which the person holds a controlling 1 24 interest. 1 25 (b) A person who holds an interest in a business, 1 26 including a confinement feeding operation, in which 1 27 the chronic violator holds a controlling interest. 1 28 (c) A person related to the chronic violator as 1 29 spouse, parent, grandparent, lineal ascendant of a 1 30 grandparent or spouse and any other lineal descendant 1 31 of the grandparent or spouse, or a person acting in a 1 32 fiduciary capacity for a related person. 1 33 (2) Provides financing for the construction or 1 34 operation of a confinement feeding operation to any 1 35 person, including by providing a contribution, loan to 1 36 the person, or providing collateral for a contribution 1 37 or loan made by a third person. 1 38 2. The rebuttable presumption provided in section 1 39 657.11 does not apply to a person during any period 1 40 that the person is classified as a chronic violator 1 41 under this section as to any confinement feeding 1 42 operation in which the person holds a controlling 1 43 interest, as defined by rules adopted by the 1 44 department of natural resources. The rebuttable 1 45 presumption shall apply to the person on and after the 1 46 date that the person is removed from the 1 47 classification of chronic violator. 1 48 3. A person shall be classified as a chronic 1 49 violator if the person has committed three or more 1 50 violations as described in this subsection prior to, 2 1 on, or after July 1, 1996. In addition, in relation 2 2 to each violation, the person must have been subject 2 3 to either of the following: 2 4 a. The assessment of a civil penalty by the 2 5 department or the commission in an amount equal to 2 6 three thousand dollars or more. 2 7 b. A court order or judgment for a legal action 2 8 brought by the attorney general after referral by the 2 9 department or commission. 2 10 4. Each violation must have occurred within five 2 11 years prior to the date of the latest violation, 2 12 counting any violation committed by a confinement 2 13 feeding operation in which the person holds a 2 14 controlling interest. A violation occurs on the date 2 15 the department issues an administrative order to the 2 16 person assessing a civil penalty of three thousand 2 17 dollars or more, or on the date the department 2 18 notifies a person in writing that the department will 2 19 recommend that the commission refer, or the commission 2 20 refers the case to the attorney general for legal 2 21 action, or the date of entry of the court order or 2 22 judgment, whichever occurs first. A violation under 2 23 this subsection shall not be counted if the civil 2 24 penalty ultimately imposed is less than three thousand 2 25 dollars, the department or commission does not refer 2 26 the action to the attorney general, the attorney 2 27 general does not take legal action, or a court order 2 28 or judgment is not entered against the person. A 2 29 person shall be removed from the classification of 2 30 chronic violator on the date on which the person and 2 31 all confinement feeding operations in which the person 2 32 holds a controlling interest have committed less than 2 33 three violations described in this subsection for the 2 34 prior five years. 2 35 5. For purposes of counting violations, a 2 36 continuing and uninterrupted violation shall be 2 37 considered as one violation. Different types of 2 38 violations shall be counted as separate violations 2 39 regardless of whether the violations were committed 2 40 during the same period. The violation must be a 2 41 violation of a state statute, or a rule adopted by the 2 42 department, which applies to a confinement feeding 2 43 operation and any related animal feeding operation 2 44 structure, including an anaerobic lagoon, earthen 2 45 manure storage basin, formed manure storage structure, 2 46 or egg washwater storage structure, or any related 2 47 pollution control device or practice. The structure, 2 48 device, or practice must be part of the confinement 2 49 feeding operation. The violation must be one of the 2 50 following: 3 1 a. Constructing or operating a related animal 3 2 feeding operation structure or installing or using a 3 3 related pollution control device or practice, for 3 4 which the person must obtain a permit, in violation of 3 5 statute or rules adopted by the department, including 3 6 the terms or conditions of the permit. 3 7 b. Intentionally making a false statement or 3 8 misrepresenting information to the department as part 3 9 of an application for a construction permit for the 3 10 related animal feeding operation structure, or the 3 11 installation of the related pollution control device 3 12 or practice, for which the person must obtain a 3 13 construction permit from the department. 3 14 c. Failing to obtain a permit or approval by the 3 15 department for a permit to construct or operate a 3 16 confinement feeding operation or use a related animal 3 17 feeding operation structure or pollution control 3 18 device or practice, for which the person must obtain a 3 19 permit from the department. 3 20 d. Operating a confinement feeding operation, 3 21 including a related animal feeding operation structure 3 22 or pollution control device or practice, which causes 3 23 pollution to the waters of the state, if the pollution 3 24 was caused intentionally, or caused by a failure to 3 25 take measures required to abate the pollution which 3 26 resulted from an act of God. 3 27 e. Failing to submit a manure management plan as 3 28 required, or operating a confinement feeding operation 3 29 required to have a manure management plan without 3 30 having submitted the manure management plan. 3 31 6. A suspect transaction shall be presumed to be 3 32 made in order to avoid a cause of action for nuisance 3 33 brought against the person classified as a chronic 3 34 violator. The person receiving control of the 3 35 operation pursuant to the suspect transaction shall be 3 36 deemed to be an agent of the chronic violator, unless 3 37 the chronic violator and the person receiving the 3 38 controlling interest in the confinement feeding 3 39 operation because of the suspect transaction, prove by 3 40 clear and convincing evidence all of the following: 3 41 a. That the suspect transaction was for a 3 42 legitimate business purpose made by parties exercising 3 43 independent and reasonable judgment. 3 44 b. That the chronic violator does not exercise a 3 45 controlling influence over the business affairs of the 3 46 confinement feeding operation." 3 47 #2. By renumbering as necessary. 3 48 3 49 3 50 4 1 WISE of Lee 4 2 HF 2494.323 77 4 3 da/cf/28
Text: H08358 Text: H08360 Text: H08300 - H08399 Text: H Index Bills and Amendments: General Index Bill History: General Index
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