Text: HF02606 Text: HF02608 Text: HF02600 - HF02699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. NEW SECTION. 200.13A CONTAINMENT OF 1 2 FERTILIZERS AND SOIL CONDITIONERS. 1 3 1. A person licensed pursuant to section 200.4 shall 1 4 provide for the containment of fertilizers and soil 1 5 conditioners in a manner that ensures that fertilizers or soil 1 6 conditioners do not discharge into surface or subsurface 1 7 water, including but not limited to a major water source as 1 8 defined in section 455B.204. 1 9 2. The department shall adopt rules as required in order 1 10 to administer and enforce this section. The rules shall 1 11 provide for all of the following: 1 12 a. The regulation of mobile and permanent storage of 1 13 fertilizers and soil conditioners, including but not limited 1 14 to the construction of primary and secondary containment 1 15 structures as part of permanent storage containers, and 1 16 related equipment including but not limited to piping. 1 17 b. The establishment of standards necessary to ensure 1 18 compliance with this section. As part of the standards, the 1 19 department shall provide for the design, construction, 1 20 location, installation, and operation of containers and 1 21 related equipment used in connection with the storage, 1 22 handling, transportation, and utilization of fertilizers and 1 23 soil conditioners. 1 24 c. The loading, unloading, and mixing of fertilizers or 1 25 soil conditioners in designated areas as determined necessary 1 26 by the department. 1 27 3. a. The department shall provide for the inspection of 1 28 persons licensed pursuant to section 200.4 as necessary in 1 29 order to ensure compliance with this section. However, the 1 30 department shall at least provide for annual inspections. An 1 31 inspection shall include an inspection of storage containers 1 32 and related equipment. 1 33 b. The department shall assess and the licensee shall pay 1 34 the actual costs of an annual inspection. All moneys received 1 35 by the department for inspections under this section shall be 2 1 handled in the same manner as repayment receipts, as defined 2 2 in section 8.2, and shall be used solely for the 2 3 administration and enforcement of this chapter. 2 4 Sec. 2. Section 200.15, Code 2001, is amended to read as 2 5 follows: 2 6 200.15REFUSAL TO REGISTER, OR CANCELLATION OF2 7REGISTRATION AND LICENSESREGISTRANTS AND LICENSEES – 2 8 DISCIPLINARY ACTION. 2 9 Thesecretary is authorized and empowered to cancel2 10 department may do any of the following: 2 11 1. Cancel the registration of anyproduct of commercial2 12 fertilizer or soil conditioneror licenseortorefuse to 2 13 register anyproduct of commercialfertilizer or soil 2 14 conditioneror refuse to license any applicant as herein2 15provided,as provided in section 200.5, upon satisfactory 2 16 evidence that the registrantor licenseehasuseddone any of 2 17 the following: 2 18 a. Willfully violated any provision of this chapter 2 19 including a rule adopted by the department pursuant to this 2 20 chapter. 2 21 b. Used a fraudulent or deceptivepractices or who2 22willfully violates any provisions of this chapter or any rules2 23and regulations promulgated thereunder: Except no2 24registration or license shall be revoked or refused until the2 25registrant or licensee shall have been given the opportunity2 26to appear for a hearing by the secretarypractice in 2 27 conducting business as a registrant. 2 28 2. Suspend or revoke the license of a person licensed 2 29 pursuant to section 200.4 upon satisfactory evidence that the 2 30 person has done any of the following: 2 31 a. Violated a provision of this chapter, including a rule 2 32 adopted pursuant to this chapter. 2 33 b. Used a fraudulent or deceptive practice in conducting a 2 34 business as a registrant. 2 35 Sec. 3. Section 200.18, Code 2001, is amended by adding 3 1 the following new subsection: 3 2 NEW SUBSECTION. 1A. a. A licensee who violates a 3 3 provision of section 200.13A, including a rule adopted 3 4 pursuant to that section shall be subject to a civil penalty 3 5 of not more than ten thousand dollars for each violation. 3 6 Each day that a violation continues shall be considered a 3 7 separate violation. 3 8 b. The department shall establish, assess, and collect 3 9 civil penalties for the violations. In determining the amount 3 10 of the civil penalty, the department shall consider all of the 3 11 following: 3 12 (1) The actual or potential damages caused by the 3 13 violation to the public health or safety, or to the 3 14 environment. 3 15 (2) The action required by the state or injured parties to 3 16 remediate the damages caused by the violation. 3 17 (3) The licensee's previous history of complying with 3 18 orders or decisions of the department. 3 19 The department or a presiding officer in a contested case 3 20 proceeding conducted under chapter 17A shall not mitigate the 3 21 amount of civil penalties assessed against a person based on 3 22 remediation made by the licensee. 3 23 c. The civil penalties assessed under this subsection 3 24 shall be in addition to any fine imposed under section 481A.32 3 25 and any civil penalty assessed under section 481A.130. 3 26 Sec. 4. NEW SECTION. 206.18A CONTAINMENT OF FERTILIZERS 3 27 AND SOIL CONDITIONERS. 3 28 1. A person licensed pursuant to section 206.8 shall 3 29 provide for the containment of pesticides in a manner that 3 30 ensures that the pesticides do not discharge into surface or 3 31 subsurface water, including but not limited to a major water 3 32 source as defined in section 455B.204. 3 33 2. The department shall adopt rules as required in order 3 34 to administer and enforce this section. The rules shall 3 35 provide for all of the following: 4 1 a. The regulation of mobile and permanent storage of 4 2 pesticides, including but not limited to the construction of 4 3 primary and secondary containment structures as part of 4 4 permanent storage containers, and related equipment including 4 5 but not limited to piping. 4 6 b. The establishment of standards necessary to ensure 4 7 compliance with this section. As part of the standards, the 4 8 department shall provide for the design, construction, 4 9 location, installation, and operation of containers and 4 10 related equipment used in connection with the storage, 4 11 handling, transportation, and utilization of pesticides. 4 12 c. The loading, unloading, and mixing of pesticides in 4 13 designated areas as determined necessary by the department. 4 14 3. a. The department shall provide for the inspection of 4 15 persons licensed pursuant to section 206.8 as necessary in 4 16 order to ensure compliance with this section. However, the 4 17 department shall at least provide for annual inspections. An 4 18 inspection shall include an inspection of storage containers 4 19 and related equipment. 4 20 b. The department shall assess and the person licensed as 4 21 a dealer shall pay the actual costs of an annual inspection. 4 22 All moneys received by the department for inspections under 4 23 this section shall be handled in the same manner as repayment 4 24 receipts, as defined in section 8.2, and shall be used solely 4 25 for the administration and enforcement of this chapter. 4 26 Sec. 5. NEW SECTION. 206.19A DEALERS – DISCIPLINARY 4 27 ACTION. 4 28 The department may suspend or revoke the license of a 4 29 person licensed pursuant to section 206.8 upon satisfactory 4 30 evidence that the person has violated a provision of this 4 31 chapter, including a rule adopted pursuant to this chapter. 4 32 Sec. 6. Section 206.22, Code 2001, is amended by adding 4 33 the following new subsection: 4 34 NEW SUBSECTION. 4. a. A pesticide dealer who violates 4 35 section 206.18A, including a rule adopted pursuant to that 5 1 section, shall be subject to a civil penalty of not more than 5 2 ten thousand dollars for each violation. Each day that a 5 3 violation continues shall be considered a separate violation. 5 4 b. The department shall establish, assess, and collect 5 5 civil penalties for the violations. In determining the amount 5 6 of the civil penalty, the department shall consider all of the 5 7 following: 5 8 (1) The actual or potential damages caused by the 5 9 violation to the public health or safety, or to the 5 10 environment. 5 11 (2) The action required by the state or injured parties to 5 12 remediate the damages caused by the violation. 5 13 (3) The pesticide dealer's previous history of complying 5 14 with orders or decisions of the department. 5 15 The department or a presiding officer in a contested case 5 16 proceeding conducted under chapter 17A shall not mitigate the 5 17 amount of civil penalties assessed against a person based on 5 18 remediation made by the pesticide dealer. 5 19 c. The civil penalties assessed under this subsection 5 20 shall be in addition to any fine imposed under section 481A.32 5 21 and any civil penalty assessed under section 481A.130. 5 22 Sec. 7. EFFECTIVE DATE. This Act, being deemed of 5 23 immediate importance, takes effect upon enactment. 5 24 EXPLANATION 5 25 This bill provides for the regulation of dealers of 5 26 fertilizers and soil conditioners under Code chapter 200 and 5 27 pesticide dealers under Code chapter 206. The department of 5 28 agriculture and land stewardship has adopted rules for the 5 29 containment of fertilizers and soil conditioners and 5 30 pesticides under 21 IAC 44 under general statutory provisions 5 31 (see Code sections 200.14 and 206.19). 5 32 The bill provides express authority to the department to 5 33 regulate the containment of fertilizer and soil conditioners 5 34 and pesticides. The bill amends both Code chapters to provide 5 35 that a licensee is required to contain fertilizers and soil 6 1 conditioners under Code chapter 200 or pesticides under Code 6 2 chapter 206 in a manner that ensures that they do not 6 3 discharge into surface or subsurface water. The bill requires 6 4 the department to adopt rules for the regulation of mobile and 6 5 permanent storage containers, including but not limited to the 6 6 construction of primary and secondary containment structures 6 7 as part of permanent storage containers, and related equipment 6 8 including but not limited to piping. The bill requires the 6 9 establishment of design and construction standards, and 6 10 provides for the regulation of loading, unloading, and mixing 6 11 of the fertilizers or soil conditioners or pesticides. 6 12 The bill requires the department to conduct annual 6 13 inspections of licensees. The inspections must include an 6 14 inspection of the storage containers and related equipment. 6 15 The department is authorized to charge licensees costs 6 16 associated with the inspections. 6 17 The bill also provides for the suspension or revocation of 6 18 a licensee's license for a violation of a provision of the 6 19 bill. 6 20 This bill provides that a licensee who violates a provision 6 21 of the bill is subject to a civil penalty of not more than 6 22 $10,000 for each violation. The bill provides that each day 6 23 that a violation continues is considered a separate violation. 6 24 The bill requires the department to establish, assess, and 6 25 collect civil penalties for the violations. According to Code 6 26 section 200.18, a person who violates a provision of Code 6 27 chapter 200 or rule adopted pursuant to that chapter is guilty 6 28 of a simple misdemeanor. A simple misdemeanor is punishable 6 29 by confinement for no more than 30 days, or a fine of at least 6 30 $50 but not more than $500, or by both. 6 31 The bill takes effect upon enactment. 6 32 LSB 6081HH 79 6 33 da/cls/14
Text: HF02606 Text: HF02608 Text: HF02600 - HF02699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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