Text: HF02283 Text: HF02285 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 455B.191, subsections 1 and 2, Code 1 2 2001, is amended to read as follows: 1 3 1. Any person who violates any provision of part 1 of 1 4 division III of this chapter or any permit, rule, standard, or 1 5 order issued under part 1 of division III of this chapter 1 6 shall be subject to a civil penalty not to exceedfivetwenty- 1 7 five thousand dollars for each day of such violation. 1 8 2. Any person who negligently or knowingly violates 1 9 section 455B.183 or section 455B.186 or any condition or 1 10 limitation included in any permit issued under section 1 11 455B.183, or who negligently or knowingly introduces into a 1 12 sewer system or into a publicly owned treatment works any 1 13 pollutant or hazardous substance which the person knew or 1 14 reasonably should have known could cause personal injury or 1 15 property damage or, other than in compliance with all 1 16 applicable federal and state requirements or permits, 1 17 negligently or knowingly causes a treatment works to violate 1 18 any water quality standard, effluent standard, pretreatment 1 19 standard or condition of a permit issued to the treatment 1 20 works pursuant to section 455B.183 is guilty of a serious 1 21 misdemeanor for a negligent violation and is guilty of an 1 22 aggravated misdemeanor for a knowing violation. A conviction 1 23 for a negligent violation is punishable by a fine of not more 1 24 thantwenty-fivefifty thousand dollars for each day of 1 25 violation or by imprisonment for not more than one year, or 1 26 both; however, if the conviction is for a second or subsequent 1 27 violation committed by a person under this subsection, the 1 28 conviction is punishable by a fine of not more thanfiftyone 1 29 hundred thousand dollars for each day of violation or by 1 30 imprisonment for not more than two years, or both. A 1 31 conviction for a knowing violation is punishable by a fine of 1 32 not more thanfiftyone hundred thousand dollars for each day 1 33 of violation or by imprisonment for not more than two years, 1 34 or both; however, if the conviction is for a second or 1 35 subsequent violation committed by a person under this 2 1 subsection, the conviction is punishable by a fine of not more 2 2 thanonetwo hundred thousand dollars for each day of 2 3 violation or by imprisonment for not more than five years, or 2 4 both. As used in this section, "hazardous substance" means 2 5 hazardous substance as defined in section 455B.381 or section 2 6 455B.411. 2 7 EXPLANATION 2 8 This bill increases civil and criminal penalties for 2 9 violations of water quality laws. 2 10 The bill increases civil penalties for violations of 2 11 certain water quality laws from not more than $5,000 for each 2 12 day of a violation to not more than $25,000 for each day of a 2 13 violation. The bill increases criminal fines for the 2 14 negligent violation of certain water quality laws from not 2 15 more than $25,000 for each day of the violation to not more 2 16 than $50,000 for each day of the violation for the first 2 17 offense, and from not more than $50,000 for each day of the 2 18 violation to not more than $100,000 for each day of the 2 19 violation for the second offense and subsequent offenses. The 2 20 bill increases criminal fines for a knowing violation of 2 21 certain water quality laws from not more than $50,000 for each 2 22 day of the violation to not more than $100,000 for each day of 2 23 the violation for the first offense, and from not more than 2 24 $100,000 for each day of the violation to not more than 2 25 $200,000 for each day of the violation for the second offense 2 26 and subsequent offenses. 2 27 LSB 5872HH 79 2 28 tm/cls/14
Text: HF02283 Text: HF02285 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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