Text: SF02003 Text: SF02005 Text: SF02000 - SF02099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 455B.104, Code 1997, is amended to read
1 2 as follows:
1 3 455B.104 DEPARTMENTAL DUTIES – PERMITS – ASSISTANCE –
1 4 REPORTS.
1 5 1. The department shall either approve or deny a permit to
1 6 a person applying for a permit under this chapter, within six
1 7 months from the date that the department receives a completed
1 8 application for the permit. An application which is not
1 9 approved or denied within the six-month period shall be
1 10 approved by default. The department shall issue a permit to
1 11 the applicant within ten days following the date of default
1 12 approval. However, this section shall not apply to
1 13 applications for permits which are issued under division II,
1 14 or division IV, parts 2 through 7.
1 15 2. The department shall assist persons applying for
1 16 assistance to establish and operate renewable fuel production
1 17 facilities pursuant to the value-added agricultural products
1 18 and processes financial assistance program established in
1 19 section 15E.111.
1 20 3. By January 15 of each year, the department shall submit
1 21 a report to the general assembly relating to the status of
1 22 environmental violations for the previous calendar year. The
1 23 report shall be filed pursuant to section 7A.11. The majority
1 24 leader and minority leader of the senate shall transmit copies
1 25 of the report to the chairs and ranking members of all
1 26 standing committees in the senate which consider legislation
1 27 regarding the environment and natural resources, and the
1 28 speaker of the house and minority leader of the house shall
1 29 transmit copies of the report to the chairs and ranking
1 30 members of all standing committees in the house which consider
1 31 legislation regarding the environment and natural resources.
1 32 The report shall include, but not be limited to, all of the
1 33 following:
1 34 a. A report on hazardous conditions reported to the
1 35 department which shall include, but not be limited to, all of
2 1 the following:
2 2 (1) Identification of the number of hazardous conditions
2 3 reported to the department during each month of the previous
2 4 calendar year.
2 5 (2) Categorization of the hazardous conditions reported by
2 6 the type of incident involved during each month of the
2 7 previous calendar year.
2 8 (3) Comparison by month and by categorization of the
2 9 number of hazardous conditions reported during the previous
2 10 calendar year and the calendar year prior to the previous
2 11 calendar year.
2 12 b. A report on the status of all enforcement actions taken
2 13 during the previous calendar year. The report shall include,
2 14 but not be limited to, all of the following in regard to each
2 15 enforcement action taken:
2 16 (1) The name and location of the party against whom the
2 17 action was taken.
2 18 (2) The program categorization.
2 19 (3) The violation alleged.
2 20 (4) The action taken.
2 21 (5) The date enforcement action was taken.
2 22 c. A summary of all administrative penalties which are due
2 23 to the department or have been appealed, all penalties which
2 24 are due to the department or have been appealed from cases
2 25 referred to the attorney general, and all penalties which were
2 26 paid during the previous calendar year. The summary shall
2 27 include, but not be limited to, all of the following in regard
2 28 to each penalty:
2 29 (1) The name and location of the party paying or appealing
2 30 the penalty.
2 31 (2) The program categorization.
2 32 (3) The penalty amount due, paid, or appealed.
2 33 (4) The date the penalty is due, if applicable, or was
2 34 paid.
2 35 d. A report on the current status of all pending cases
3 1 referred to the attorney general. The report shall include,
3 2 but not be limited to, all of the following in regard to each
3 3 case:
3 4 (1) The name and location of the party against whom action
3 5 was taken.
3 6 (2) The program categorization.
3 7 (3) The violation alleged.
3 8 (4) The action taken by the department.
3 9 (5) The current status of the case.
3 10 e. A report on the current status of all pending contested
3 11 cases. The report shall include, but not be limited to, all
3 12 of the following in regard to each case:
3 13 (1) The name and location of the party against whom action
3 14 was taken.
3 15 (2) The program categorization.
3 16 (3) The violation alleged.
3 17 (4) The action taken by the department which is being
3 18 appealed.
3 19 (5) The current status of the case.
3 20 EXPLANATION
3 21 This bill requires the department of natural resources to
3 22 submit a report to the secretary of the senate, the chief
3 23 clerk of the house of representatives, and each caucus or
3 24 research staff director of the general assembly relating to
3 25 the status of environmental violations. The report is to be
3 26 submitted by January 15 of each year. The bill provides that
3 27 copies of the report will be transmitted to the chairpersons
3 28 and ranking members of committees considering legislation on
3 29 the environment and natural resources in each house.
3 30 The bill provides that the report shall include all of the
3 31 following:
3 32 1. A report on hazardous conditions reported to the
3 33 department.
3 34 2. A report on the status of all enforcement actions taken
3 35 during the previous calendar year.
4 1 3. A summary of all administrative penalties which are due
4 2 to the department or have been appealed, all penalties which
4 3 are due to the department or have been appealed from cases
4 4 referred to the attorney general, and all penalties which were
4 5 paid during the previous calendar year.
4 6 4. A report on the current status of all pending cases
4 7 referred to the attorney general.
4 8 5. A report on the current status of all pending contested
4 9 cases.
4 10 LSB 3045XS 77
4 11 tm/jl/8
Text: SF02003 Text: SF02005 Text: SF02000 - SF02099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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