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PAG LIN
1 1 Section 1. Section 455B.112, Code 1997, is amended to read
1 2 as follows:
1 3 455B.112 ACTIONS BY ATTORNEY GENERAL.
1 4 In addition to the duty to commence legal proceedings at
1 5 the request of the director or commission under this chapter,
1 6 the attorney general may institute civil or criminal
1 7 proceedings, including an action for injunction, to enforce
1 8 the provisions of this chapter including orders or permits
1 9 issued or rules adopted under this chapter or to enforce the
1 10 requirements of an ordinance adopted in a county pursuant to
1 11 section 455B.167 or 455B.205.
1 12 Sec. 2. NEW SECTION. 455B.167 AUTHORITY OF COUNTIES.
1 13 1. A county may adopt an ordinance providing requirements
1 14 for the construction or expansion of an animal feeding
1 15 operation structure which are more stringent than required in
1 16 this part or rules adopted by the department pursuant to this
1 17 part, including but not limited to providing separation
1 18 distance requirements greater than provided pursuant to
1 19 section 455B.161, requiring a separation distance between an
1 20 animal feeding operation and the limits of a city, providing
1 21 for more stringent requirements for the expansion of an animal
1 22 feeding operation than provided in section 455B.162, and not
1 23 applying an exemption provided pursuant to section 455B.165.
1 24 2. A person who violates a requirement adopted by a county
1 25 pursuant to this section shall be subject to a civil penalty
1 26 not to exceed five thousand dollars for each day of such
1 27 violation, unless the violation is also a violation of state
1 28 law. The violator shall be subject to prosecution by the
1 29 county attorney in the county where the violation occurs. The
1 30 person in violation may be restrained by an injunction in an
1 31 action brought by the county attorney. The county board of
1 32 supervisors may refer the case for prosecution to the attorney
1 33 general who may initiate and carry out the prosecution in
1 34 cooperation with the county attorney.
1 35 Sec. 3. NEW SECTION. 455B.205 AUTHORITY OF COUNTIES.
2 1 1. A county may adopt an ordinance providing requirements
2 2 for the storage and disposal of manure produced from an animal
2 3 feeding operation which are more stringent than required
2 4 pursuant to section 455B.201, 455B.203, or 455B.204, or rules
2 5 adopted by the department relating to the storage and disposal
2 6 of the manure as provided pursuant to this chapter.
2 7 2. A person who violates a requirement adopted by a county
2 8 pursuant to this section shall be subject to a civil penalty
2 9 not to exceed ten thousand dollars for each day of such
2 10 violation, unless the violation is also a violation of state
2 11 law. The violator shall be subject to prosecution by the
2 12 county attorney in the county where the violation occurs. The
2 13 person in violation may be restrained by an injunction in an
2 14 action brought by the county attorney. The county board of
2 15 supervisors may refer the case for prosecution to the attorney
2 16 general who may initiate and carry out the prosecution in
2 17 cooperation with the county attorney.
2 18 Sec. 4. Section 657.11, Code 1997, is repealed.
2 19 EXPLANATION
2 20 Code chapter 455B currently regulates air quality in part
2 21 by providing for distance requirements between animal feeding
2 22 operations and residences, religious institutions, businesses,
2 23 and schools. The chapter also provides for water quality by
2 24 regulating the storage and disposal of manure produced from
2 25 animal feeding operations.
2 26 This bill provides that a county may adopt an ordinance
2 27 providing distance requirements and requirements for the
2 28 storage and disposal of manure that are more stringent than
2 29 provided in Code chapter 455B or rules adopted by the
2 30 department of natural resources under the chapter. The bill
2 31 provides that a person who violates a requirement is subject
2 32 to a civil penalty not to exceed $5,000 for each day that an
2 33 air quality violation occurs and $10,000 for each day that a
2 34 water quality violation occurs, unless the violation is also a
2 35 violation of state law. The bill authorizes the county
3 1 attorney to initiate prosecution of the case or to obtain an
3 2 injunction against the violator. The county board of
3 3 supervisors may also refer the case for prosecution to the
3 4 attorney general.
3 5 Finally, the bill repeals Code section 657.11 which
3 6 provides that the owner of an animal feeding operation
3 7 complying with state and federal requirements enjoys a
3 8 rebuttable presumption that the operation is not a nuisance,
3 9 unless there is clear and convincing evidence that the animal
3 10 feeding operation unreasonably and continuously interferes
3 11 with another person's comfortable use and enjoyment of the
3 12 person's life or property, and the injury or damage is
3 13 proximately caused by the negligent operation of the animal
3 14 feeding operation.
3 15 LSB 1868XS 77
3 16 da/cf/24
Text: SF00208 Text: SF00210 Text: SF00200 - SF00299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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