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House Journal: Page 664: Thursday, March 12, 1998

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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