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PAG LIN 1 1 Section 1. Section 455B.701, subsection 1, Code 1997, is 1 2 amended to read as follows: 1 3 1. DEFINITIONS. As used in thissectiondivision, unless 1 4 the context otherwise requires: 1 5 a. "Bulk" means an undivided quantity of a substance that 1 6 is loaded directly into a vessel and is not divided into 1 7 individual containers. 1 8a.b. "Damages" means damages of any kind for which 1 9 liability may exist under the laws of this state resulting 1 10 from, arising out of, or relating to the discharge or 1 11 threatened discharge of oil. 1 12b.c. "Discharge" means any emission, other than natural 1 13 seepage, intentional or unintentional, and includes, but is 1 14 not limited to, spilling, leaking, pumping, pouring, emitting, 1 15 emptying, or dumping. 1 16 d. "Double hull" means a watertight protective space that 1 17 does not carry any oil or hazardous material and that 1 18 separates the sides, bottom, forward end, and aft end of all 1 19 tanks that hold any oil or hazardous material within the cargo 1 20 tanks from the outer skin of the vessel, as prescribed in 33 1 21 C.F.R. } 157.10d. 1 22c.e. "Federal on-scene coordinator" means the federal 1 23 official designated by the federal agency in charge of the 1 24 removal efforts or by the United States environmental 1 25 protection agency or the United States coast guard to 1 26 coordinate and direct responses under the national contingency 1 27 plan. 1 28 f. "Hazardous material" means hazardous material as 1 29 defined in 46 U.S.C. } 2101(14). 1 30d.g. "National contingency plan" means the national 1 31 contingency plan prepared and published under 33 U.S.C. } 1 32 1321(d). 1 33e.h. "Oil" means oil of any kind or in any form, 1 34 including, but not limited to, petroleum, fuel oil, sludge, 1 35 oil refuse, and oil mixed with wastes other than dredged 2 1 spoil. 2 2f.i. "Remove" or "removal" means containment and removal 2 3 of oil or a hazardous substance from water and shorelines or 2 4 the taking of other actions as may be necessary to minimize or 2 5 mitigate damage to the public health or welfare, including, 2 6 but not limited to, fish, shellfish, wildlife, and public and 2 7 private property, shorelines, and beaches. 2 8g.j. "Removal costs" means the costs of removal that are 2 9 incurred after a discharge of oil has occurred or, in any case 2 10 in which there is a substantial threat of a discharge of oil, 2 11 the costs to prevent, minimize, or mitigate oil pollution from 2 12 such an incident. 2 13h.k. "Responsible party" means a responsible party as 2 14 defined under 33 U.S.C. } 2701. 2 15 l. "Tank vessel" means a vessel that is constructed or 2 16 adapted to carry, or that does carry, oil or hazardous 2 17 material in bulk as cargo or cargo residue. 2 18 Sec. 2. NEW SECTION. 455B.702 PROHIBITION. 2 19 A tank vessel of under five thousand gross tons shall not 2 20 transport oil or hazardous material in bulk on that part of 2 21 the Mississippi river over which Iowa has jurisdiction, unless 2 22 the tank vessel has a double hull. This section shall not 2 23 apply to any of the following: 2 24 1. A tank vessel when the tank vessel and the tank 2 25 vessel's crew are in danger due to extreme weather conditions. 2 26 2. A self-propelled tank vessel or a tank vessel that is 2 27 propelled by a towing vessel if a tugboat accompanies the 2 28 self-propelled tank vessel or accompanies the tank vessel and 2 29 towing vessel. 2 30 Sec. 3. NEW SECTION. 455B.703 INSPECTION. 2 31 An authorized employee or agent of the department may board 2 32 and inspect a tank vessel that is subject to this division to 2 33 determine the state of compliance with this division. 2 34 Sec. 4. NEW SECTION. 455B.704 PENALTIES. 2 35 1. A person who owns or controls the movement of a tank 3 1 vessel which is in violation of section 455B.702 is guilty of 3 2 a serious misdemeanor punishable by a fine of at least five 3 3 thousand dollars, but not more than ten thousand dollars. 3 4 2. A person who owns or controls the movement of a tank 3 5 vessel which is in violation of section 455B.702 and who, 3 6 within five years prior to the current violation, was 3 7 previously convicted of violating section 455B.702 is guilty 3 8 of a serious misdemeanor punishable by a fine of at least ten 3 9 thousand dollars, but not more than twenty-five thousand 3 10 dollars, imprisonment for not more than six months, or both. 3 11 3. In addition to the criminal penalties in subsections 1 3 12 and 2, a person who owns or controls the movement of a tank 3 13 vessel which is in violation of section 455B.702, from which 3 14 oil or a hazardous material is discharged, is subject to a 3 15 penalty of triple the cost of remedying the resulting 3 16 environmental damage. 3 17 Sec. 5. NEW SECTION. 455B.705 ENFORCEMENT. 3 18 1. The attorney general shall enforce violations of 3 19 section 455B.702 and may bring an action in the district court 3 20 of the county where the violation was allegedly committed and 3 21 discovered. The director may enter into agreements with the 3 22 attorney general to assist with the administration and 3 23 enforcement of section 455B.702. 3 24 2. The district court may make any order, including but 3 25 not limited to an injunction or temporary restraining order, 3 26 and impose any other remedy or relief relating to the 3 27 investigation, enforcement, and prosecution of violations of 3 28 section 455B.702. 3 29 Sec. 6. NEW SECTION. 455B.706 ALLOCATION OF PROCEEDS. 3 30 The proceeds of any penalties and forfeitures imposed under 3 31 section 455B.704 and chapter 809A shall be used to reimburse 3 32 the following costs, in order of priority, with any remaining 3 33 proceeds being deposited in the general fund of the state: 3 34 1. Court costs. 3 35 2. Costs related to investigation and prosecution by the 4 1 attorney general. 4 2 3. Costs incurred by the department in administering and 4 3 enforcing this division. 4 4 EXPLANATION 4 5 This bill creates restrictions for tank vessels 4 6 transporting oil or hazardous material in bulk on the part of 4 7 the Mississippi river over which Iowa has jurisdiction. 4 8 The bill prohibits a tank vessel of under 5,000 gross tons 4 9 from transporting oil or hazardous material on the part of the 4 10 Mississippi river over which Iowa has jurisdiction unless the 4 11 tank vessel has a double hull. This prohibition does not 4 12 apply if the tank vessel and the tank vessel's crew are in 4 13 danger due to extreme weather conditions or if a tugboat 4 14 accompanies a self-propelled tank vessel or a tank vessel 4 15 propelled by a towing vessel. The bill authorizes the 4 16 department of natural resources to board and inspect a tank 4 17 vessel to determine the state of compliance. 4 18 The bill provides penalties for violations of the tank 4 19 vessel prohibitions. A person violating the tank vessel 4 20 prohibitions is guilty of a serious misdemeanor punishable by 4 21 a fine of at least $5,000, but not more than $10,000. If a 4 22 person violates the tank vessel prohibitions and has been 4 23 found guilty of violating the prohibitions within the five 4 24 years prior to the current violation, then the person is 4 25 guilty of a serious misdemeanor punishable by a fine of at 4 26 least $10,000, imprisonment for not more than six months, or 4 27 both. For all first and subsequent offenses, the person is 4 28 subject to an additional penalty of triple the cost of 4 29 remedying environmental damage which results from any oil or 4 30 hazardous material discharged from the vessel. The forfeiture 4 31 provisions of Code chapter 809A may be applicable if a person 4 32 is found guilty of a serious misdemeanor. 4 33 The bill provides the attorney general with the authority 4 34 to enforce the tank vessel prohibitions. The director of the 4 35 department of natural resources may enter into an agreement 5 1 with the attorney general to assist with administration and 5 2 enforcement of the tank vessel prohibitions. 5 3 The proceeds of any penalties and forfeitures must be used 5 4 to reimburse the following costs, in order of priority: court 5 5 costs, costs related to investigation and prosecution by the 5 6 attorney general, and costs incurred by the department of 5 7 natural resources. Any remaining proceeds must be deposited 5 8 in the general fund of the state. 5 9 LSB 3365SS 77 5 10 tm/cf/24
Text: SF02056 Text: SF02058 Text: SF02000 - SF02099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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