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20 counting any violation committed by a confinement 21 feeding operation in which the person holds a 22 controlling interest. A violation occurs on the date 23 the department issues an administrative order to the 24 person assessing a civil penalty of three thousand 25 dollars or more, or on the date the department 26 notifies a person in writing that the department will 27 recommend that the commission refer, or the commission 28 refers the case to the attorney general for legal 29 action, or the date of entry of the court order or 30 judgment, whichever occurs first. A violation under 31 this section shall not be counted if the civil penalty 32 ultimately imposed is less than three thousand 33 dollars, the department or commission does not refer 34 the action to the attorney general, the attorney 35 general does not take legal action, or a court order 36 or judgment is not entered against the person. A 37 person shall be removed from the classification of 38 chronic violator on the date on which the person and 39 all confinement feeding operations in which the person 40 holds a controlling interest have committed less than 41 three violations described in this section for the 42 prior five years. 43 3. For purposes of counting violations, a 44 continuing and uninterrupted violation shall be 45 considered as one violation. Different types of 46 violations shall be counted as separate violations 47 regardless of whether the violations were committed 48 during the same period. The violation must be a 49 violation of a state statute, or a rule adopted by the 50 department, which applies to a confinement feeding Page 2 1 operation and any related animal feeding operation 2 structure, including an anaerobic lagoon, earthen 3 manure storage basin, formed manure storage structure, 4 or egg washwater storage structure, or any related 5 pollution control device or practice. The structure, 6 device, or practice must be part of the confinement 7 feeding operation. The violation must be one of the 8 following: 9 a. Constructing or operating a related animal 10 feeding operation structure or installing or using a 11 related pollution control device or practice, for 12 which the person must obtain a permit, in violation of 13 statute or rules adopted by the department, including 14 the terms or conditions of the permit. 15 b. Intentionally making a false statement or 16 misrepresenting information to the department as part 17 of an application for a construction permit for the 18 related animal feeding operation structure, or the 19 installation of the related pollution control device
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