Text: HF02283                           Text: HF02285
Text: HF02200 - HF02299                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

House File 2284

Partial Bill History

Bill Introduced: H.J. 300
Complete Bill History

Bill Text

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 exceed five twenty-
  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 than twenty-five fifty 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 than fifty one
  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 than fifty one 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 than one two 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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