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
© 1998 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Fri Mar 13 03:45:20 CST 1998
URL: /DOCS/GA/77GA/Legislation/H/08300/H08359/980312.html
jhf