House Journal: Page 1486: Friday, April 12, 2002
H-8667
1 Amend Senate File 2293, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 18, by inserting after line 11, the
4 following:
5 "Sec. . Section 455B.191, subsections 1 and 2,
6 Code 2001, are amended to read as follows:
7 1. Any person who violates any provision of part 1
8 of division III of this chapter or any permit, rule,
9 standard, or order issued under part 1 of division III
10 of this chapter shall be subject to a civil penalty
11 not to exceed five twenty-five thousand dollars for
12 each day of such violation.
13 2. Any person who negligently or knowingly
14 violates section 455B.183 or section 455B.186 or any
15 condition or limitation included in any permit issued
16 under section 455B.183, or who negligently or
17 knowingly introduces into a sewer system or into a
18 publicly owned treatment works any pollutant or
19 hazardous substance which the person knew or
20 reasonably should have known could cause personal
21 injury or property damage or, other than in compliance
22 with all applicable federal and state requirements or
23 permits, negligently or knowingly causes a treatment
24 works to violate any water quality standard, effluent
25 standard, pretreatment standard or condition of a
26 permit issued to the treatment works pursuant to
27 section 455B.183 is guilty of a serious misdemeanor
28 for a negligent violation and is guilty of an
29 aggravated misdemeanor for a knowing violation. A
30 conviction for a negligent violation is punishable by
31 a fine of not more than twenty-five fifty thousand
32 dollars for each day of violation or by imprisonment
33 for not more than one year, or both; however, if the
34 conviction is for a second or subsequent violation
35 committed by a person under this subsection, the
36 conviction is punishable by a fine of not more than
37 fifty one hundred thousand dollars for each day of
38 violation or by imprisonment for not more than two
39 years, or both. A conviction for a knowing violation
40 is punishable by a fine of not more than fifty one
41 hundred thousand dollars for each day of violation or
42 by imprisonment for not more than two years, or both;
43 however, if the conviction is for a second or
44 subsequent violation committed by a person under this
45 subsection, the conviction is punishable by a fine of
46 not more than one two hundred thousand dollars for
47 each day of violation or by imprisonment for not more
48 than five years, or both. As used in this section,
49 "hazardous substance" means hazardous substance as
50 defined in section 455B.381 or section 455B.411."
© 2002 Cornell College and
League of Women Voters of Iowa
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