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Text: SSB00146                          Text: SSB00148
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Senate Study Bill 147

Bill Text

PAG LIN
  1  1    Section 1.  Section 161A.47, subsection 1, Code 1997, is
  1  2 amended to read as follows:
  1  3    1.  In the case of erosion occurring on the site of any
  1  4 construction project or similar undertaking involving the
  1  5 removal of all or a major portion of the vegetation or other
  1  6 cover, exposing bare soil directly to water or wind, state a
  1  7 time not more than five days after service or mailing of the
  1  8 notice of the order when work necessary to establish or
  1  9 maintain erosion control practices must be commenced commence,
  1 10 and a time not more than thirty days after service or mailing
  1 11 of the notice of the order when the work is to be
  1 12 satisfactorily completed.  If the site is within an urban
  1 13 area, the order shall provide for urban erosion control
  1 14 practices as provided in section 161A.65.
  1 15    Sec. 2.  Section 161A.49, Code 1997, is amended by adding
  1 16 the following new unnumbered paragraph:
  1 17    NEW UNNUMBERED PARAGRAPH.  A person who is in violation of
  1 18 an administrative order requiring erosion control practices on
  1 19 the site of a construction project or similar undertaking as
  1 20 provided in section 161A.47 on land other than agricultural
  1 21 land connected to a farm operation as defined in section 352.2
  1 22 is subject to a civil penalty of not more than one thousand
  1 23 dollars for each day of the violation.  The commissioners may
  1 24 seek the civil penalty as part of a petition to district court
  1 25 as provided in this section, and may execute on any judgment
  1 26 required to collect the moneys.  The moneys shall be deposited
  1 27 in an interest-bearing account at a bank, credit union, or
  1 28 savings and loan as defined in section 12C.1.  A civil penalty
  1 29 shall not be assessed under this paragraph if a person is
  1 30 required to obtain a permit under chapter 455B for stormwater
  1 31 discharge.  The moneys shall be used by the commissioners to
  1 32 support urban erosion control efforts as provided in section
  1 33 161A.65.
  1 34    Sec. 3.  NEW SECTION.  161A.65  URBAN EROSION CONTROL
  1 35 EFFORTS.
  2  1    The division shall adopt rules supporting efforts by
  2  2 districts designed to prevent erosion in excess of applicable
  2  3 soil loss limits on the sites of construction projects or
  2  4 similar undertakings on land other than on agricultural land
  2  5 connected to farm operations as defined in section 352.2,
  2  6 including supporting necessary erosion control projects.  
  2  7                           EXPLANATION
  2  8    This bill amends Code chapter 161A which provides for the
  2  9 prevention of soil erosion by soil and water conservation
  2 10 districts and by the division of soil conservation of the
  2 11 department of agriculture and land stewardship.  Code section
  2 12 161A.47 provides that after an inspection, the commissioners
  2 13 of a district shall issue an administrative order to a person
  2 14 owning land where significant soil erosion is occurring.  The
  2 15 order may be enforced in district court.
  2 16    This bill provides that a person who is in violation of an
  2 17 administrative order providing for the control of erosion
  2 18 occurring on the site of a construction project or similar
  2 19 undertaking on land, other than agricultural land connected to
  2 20 a farm operation, is subject to a civil penalty of not more
  2 21 than $1,000 for each day of the violation.  The bill
  2 22 authorizes the commissioners to seek the civil penalty as part
  2 23 of a petition to district court required to enforce the order.
  2 24 Moneys collected in civil penalties are required to be
  2 25 deposited in an interest-bearing account at a financial
  2 26 institution to be used to support urban erosion control
  2 27 efforts.
  2 28    The bill requires the division to adopt rules for the
  2 29 support of efforts carried out by districts in order to
  2 30 prevent erosion on the site of construction projects on land
  2 31 other than agricultural land connected to farm operations.  
  2 32 LSB 2174SC 77
  2 33 da/sc/14
     
Text: SSB00146                          Text: SSB00148
Text: SSB00100 - SSB00199               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index
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