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House Journal: Page 447: Tuesday, March 3, 1998

22   the criteria listed in subsection 1, except for
23   paragraph "c".  In determining the appropriate amount
24   to mitigate, the department shall consider, at a
25   minimum, the nature of the violation, the duration of
26   the violation, the environmental or public health
27   impacts of the violation, good faith efforts by the
28   owner or operator to promptly remedy the violation,
29   and the facility's overall record of compliance with
30   environmental laws, rules, and permit conditions.
31     Sec. ___.  NEW SECTION.  455J.4  COMPLIANCE
32   ASSISTANCE.
33     1.  The department may provide on-site compliance
34   assistance to an owner or operator upon request.  If
35   the department is unable to provide compliance
36   assistance to an owner or operator in a timely manner,
37   the department shall within thirty days of receiving
38   the request for compliance assistance provide the
39   owner or operator with notice of the department's
40   inability to provide compliance assistance.
41     2.  Prior to providing on-site compliance
42   assistance, the department shall obtain an agreement
43   with the owner or operator which includes a statement
44   explaining the compliance assistance procedures, the
45   responsibilities of each party, the availability of
46   penalty mitigation, and the responsibilities of the
47   owner or operator for any violation discovered."
48     2.  Title page, by striking lines 1 and 2 and
49   inserting the following:  "An Act providing for
50   elimination and mitigation of penalties resulting from

Page 3

 1   the reporting of violations discovered in
 2   environmental audits and on-site compliance
 3   assistance.""
Roll call was requested by Shoultz of Black Hawk and Holveck of
Polk.
On the question "Shall amendment H-8114, to the committee
amendment H-8054, be adopted?" (H.F. 681)

The ayes were, 41:

Bell 	Bernau 	Brand 	Bukta 	Burnett 	Cataldo 	Chapman 	Chiodo
	Cohoon 	Connors 	Doderer 	Dotzler 	Drees 	Falck 	Fallon 	Foege
	Ford 	Frevert 	Holveck 	Huser 	Jochum 	Kinzer 	Koenigs 	Kreiman
	Larkin 	Mascher 	Moreland	Mundie 	Murphy	Myers 	Osterhaus
	Reynolds-Knight 

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URL: /DOCS/GA/77GA/Session.2/HJournal/00400/00447.html
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