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House Journal: Page 676: Thursday, March 12, 1998

 9   otherwise requires:
10     a.  "Commission" means the environmental protection
11   commission created in section 455A.6.
12     b.  "Confinement feeding operation" means the same
13   as defined in section 455B.161.
14     c.  "Department" means the department of natural
15   resources.
16     d.  "Suspect site" means a confinement feeding
17   operation or land where a confinement feeding
18   operation could be constructed, if the site is subject
19   to a suspect transaction.
20     e.  "Suspect transaction" means a transaction in
21   which a person classified as a chronic violator under
22   this section does any of the following:
23     (1)  Transfers a controlling interest in a suspect
24   site to any of the following:
25     (a)  An employee of the chronic violator or
26   business in which the person holds a controlling
27   interest.
28     (b)  A person who holds an interest in a business,
29   including a confinement feeding operation, in which
30   the chronic violator holds a controlling interest.
31     (c)  A person related to the chronic violator as
32   spouse, parent, grandparent, lineal ascendant of a
33   grandparent or spouse and any other lineal descendant
34   of the grandparent or spouse, or a person acting in a
35   fiduciary capacity for a related person.
36     (2)  Provides financing for the construction or
37   operation of a confinement feeding operation to any
38   person, including by providing a contribution, loan to
39   the person, or providing collateral for a contribution
40   or loan made by a third person.
41     2.  The rebuttable presumption provided in section
42   657.11 does not apply to a person during any period
43   that the person is classified as a chronic violator
44   under this section as to any confinement feeding
45   operation in which the person holds a controlling
46   interest, as defined by rules adopted by the
47   department of natural resources.  The rebuttable
48   presumption shall apply to the person on and after the
49   date that the person is removed from the
50   classification of chronic violator.

Page 2  

 1     3.  A person shall be classified as a chronic
 2   violator if the person has committed three or more
 3   violations as described in this subsection prior to,
 4   on, or after July 1, 1996.  In addition, in relation
 5   to each violation, the person must have been subject
 6   to either of the following:
 7     a.  The assessment of a civil penalty by the
 8   department or the commission in an amount equal to

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URL: /DOCS/GA/77GA/Session.2/HJournal/00600/00676.html
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