Text: HSB00722                          Text: HSB00724
Text: HSB00700 - HSB00799               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

House Study Bill 723

Bill Text

PAG LIN
  1  1    Section 1.  Section 455B.146, Code 1999, is amended to read
  1  2 as follows:
  1  3    455B.146  CIVIL ACTION FOR COMPLIANCE – LOCAL PROGRAM
  1  4 ACTIONS.
  1  5    If any order, permit, or rule of the department is being
  1  6 violated, the attorney general shall, at the request of the
  1  7 department or the director, institute a civil action in any
  1  8 district court for injunctive relief to prevent any further
  1  9 violation of the order, permit, or rule, or for the assessment
  1 10 of a civil penalty as determined by the court, not to exceed
  1 11 ten twenty-five thousand dollars per day for each day such
  1 12 violation continues, or both such injunctive relief and civil
  1 13 penalty.  Notwithstanding sections 331.302 and 331.307, a city
  1 14 or county which maintains air pollution control programs
  1 15 authorized by certificate of acceptance under this division
  1 16 may provide civil penalties consistent with the amount
  1 17 established for such penalties under this division.
  1 18    Sec. 2.  Section 455B.191, subsection 1, Code 1999, is
  1 19 amended to read as follows:
  1 20    1.  Any person who violates any provision of part 1 of
  1 21 division III of this chapter or any permit, rule, standard, or
  1 22 order issued under part 1 of division III of this chapter
  1 23 shall be subject to a civil penalty not to exceed five twenty-
  1 24 five thousand dollars for each day of such violation.
  1 25    Sec. 3.  Section 455B.279, subsection 2, Code 1999, is
  1 26 amended to read as follows:
  1 27    2.  A person who violates a provision of this part or a
  1 28 rule or order adopted or promulgated or the conditions of a
  1 29 permit issued pursuant to this part is subject to a civil
  1 30 penalty not to exceed five hundred twenty-five thousand
  1 31 dollars for each day that a violation occurs.
  1 32    Sec. 4.  Section 455B.307, subsection 3, Code 1999, is
  1 33 amended to read as follows:
  1 34    3.  Any person who violates any provision of part 1 of this
  1 35 division or any rule or any order adopted or the conditions of
  2  1 any permit or order issued pursuant to part 1 of this division
  2  2 shall be subject to a civil penalty, not to exceed five
  2  3 twenty-five thousand dollars for each day of such violation.
  2  4    Sec. 5.  Section 455B.466, Code 1999, is amended to read as
  2  5 follows:
  2  6    455B.466  CIVIL PENALTIES.
  2  7    A person who violates a provision of this part is subject
  2  8 to a civil penalty of not more than ten twenty-five thousand
  2  9 dollars for each violation and for each day of continuing
  2 10 violation.  Civil penalties collected pursuant to this section
  2 11 shall be forwarded by the clerk of the district court to the
  2 12 treasurer of state for deposit in the general fund of the
  2 13 state.
  2 14    Sec. 6.  Section 455B.477, subsection 1, Code 1999, is
  2 15 amended to read as follows:
  2 16    1.  A person who violates a provision of this part or a
  2 17 rule or order issued under this part is subject to a civil
  2 18 penalty not to exceed five twenty-five thousand dollars for
  2 19 each day during which the violation continues.  The civil
  2 20 penalty is an alternative to a criminal penalty provided under
  2 21 this part.  
  2 22                           EXPLANATION
  2 23    This bill amends provisions of the Code relating to civil
  2 24 penalty amounts for violations of certain water, air, and
  2 25 solid waste laws.  The bill changes the maximum amount for a
  2 26 civil penalty to $25,000 per day for each day the violation
  2 27 continues for each of the following violations:
  2 28    1.  For violations of certain orders, permits, or rules
  2 29 relating to air quality.
  2 30    2.  For violations of certain laws, permits, rules,
  2 31 standards, or orders relating to water quality and animal
  2 32 feeding operations.
  2 33    3.  For violations of certain laws, rules, or orders
  2 34 relating to water allocation and use and floodplain control.
  2 35    4.  For violations of certain laws, permits, or rules
  3  1 relating to solid waste.
  3  2    5.  For violations of certain laws or rules relating to
  3  3 underground storage tanks.
  3  4    6.  For violations of certain laws relating to the disposal
  3  5 of hazardous waste on land.
  3  6    The bill removes the requirement that civil penalties
  3  7 collected by a clerk of the district court, for violations of
  3  8 certain laws relating to the disposal of hazardous waste on
  3  9 land, must be forwarded to the treasurer of state for deposit
  3 10 in the general fund.  
  3 11 LSB 5296DP 78
  3 12 tm/cls/14.2

Text: HSB00722                          Text: HSB00724
Text: HSB00700 - HSB00799               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

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