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House Journal: Page 677: Thursday, March 12, 1998

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

Page 3

 1   device, or practice must be part of the confinement
 2   feeding operation.  The violation must be one of the
 3   following:
 4     a.  Constructing or operating a related animal
 5   feeding operation structure or installing or using a
 6   related pollution control device or practice, for
 7   which the person must obtain a permit, in violation of
 8   statute or rules adopted by the department, including

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URL: /DOCS/GA/77GA/Session.2/HJournal/00600/00677.html
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