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House Journal: Page 428: Tuesday, March 3, 1998

37   denies an extension, the department shall provide the
38   requesting party with a written explanation of the
39   reasons for the denial.  A request for de novo review
40   of the department's decision may be made to the
41   appropriate court.
42     7.  Immunity provided under this section from
43   administrative or civil penalties does not apply under
44   any of the following circumstances:
45     a.  If an owner or operator of the facility or
46   operation has been found in a civil or administrative
47   proceeding to have committed serious violations in
48   this state that constitute a pattern of continuous or
49   repeated violations of environmental laws,
50   administrative rules, permit conditions, settlement

Page 8

 1   agreements, or orders on consent, final orders, or
 2   judicial orders and that were due to separate and
 3   distinct events giving rise to the violations within
 4   the three-year period prior to the date of disclosure,
 5   or if under another provision of law an owner or
 6   operator of a facility or operation is subject to
 7   classification as a repeat or habitual violator.
 8     b.  If a violation of an environmental law,
 9   administrative rule, permit condition, settlement
10   agreement, or order on consent, final order, or
11   judicial order results in a substantial economic
12   benefit which gives the violator a clear advantage
13   over its business competitors.
14     8.  In cases where the conditions of a voluntary
15   disclosure are not met but a good faith effort was
16   made to voluntarily disclose and resolve a violation
17   detected in an environmental audit, the state and
18   local regulatory authorities shall consider the nature
19   and extent of any good faith effort in deciding the
20   appropriate enforcement response and shall consider
21   reducing any administrative or civil penalties based
22   on mitigating factors showing that one or more of the
23   conditions for voluntary disclosure have been met.
24     9.  The immunity provided by this section does not
25   abrogate the responsibility of a person as provided by
26   applicable law to correct the violation, conduct
27   necessary remediation, or respond to third-party
28   actions.
29     Sec. 9.  NEW SECTION.  455J.9  ABROGATION OF OTHER
30   PRIVILEGES.
31     This chapter shall not limit, waive, or abrogate
32   the scope or nature of any statutory or common-law
33   privilege, including the work product doctrine and the
34   attorney-client privilege.
35     Sec. 10.  NEW SECTION.  455J.10  ENVIRONMENTAL
36   AUDITOR TRAINING PROGRAM.

© 1998 Cornell College and League of Women Voters of Iowa

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URL: /DOCS/GA/77GA/Session.2/HJournal/00400/00428.html
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