Text: HF02350 Text: HF02352 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 455D.11, Code 2003, is amended by
1 2 adding the following new subsection:
1 3 NEW SUBSECTION. 9. The commission or the director may
1 4 issue any order necessary to secure compliance with or prevent
1 5 a violation of a provision of this section or a rule adopted
1 6 pursuant to this section. The attorney general shall, upon
1 7 request by the department, institute any civil or criminal
1 8 legal proceeding necessary to obtain compliance with an order
1 9 of the commission or director or to prosecute a person for a
1 10 violation of a provision of this section or a rule adopted
1 11 pursuant to this section.
1 12 Unless otherwise provided in this section, a person who
1 13 violates a provision of this section, a rule adopted pursuant
1 14 to this section, or a condition of a permit or order issued
1 15 pursuant to this section shall be subject to a civil penalty
1 16 not to exceed five thousand dollars for each day of such
1 17 violation.
1 18 EXPLANATION
1 19 This bill relates to the enforcement of the provisions of
1 20 Code section 455D.11 and provides a civil penalty. Code
1 21 section 455D.11 relates to waste tire violations.
1 22 The bill provides that the environmental protection
1 23 commission or the director of the department of natural
1 24 resources may issue any order necessary to secure compliance
1 25 with or prevent a violation of a provision of Code section
1 26 455D.11 or a rule adopted pursuant to Code section 455D.11.
1 27 The bill requires the attorney general, upon request by the
1 28 department, to institute any civil or criminal legal
1 29 proceeding necessary to obtain compliance with an order of the
1 30 commission or director or to prosecute a person for a
1 31 violation of a provision of Code section 455D.11 or a rule
1 32 adopted pursuant to the Code section.
1 33 The bill provides that, unless otherwise provided, a person
1 34 who violates a provision of Code section 455D.11, a rule
1 35 adopted pursuant to Code section 455D.11, or a condition of a
2 1 permit or order issued pursuant to Code section 455D.11 shall
2 2 be subject to a civil penalty not to exceed $5,000 for each
2 3 day of such violation.
2 4 LSB 5140HV 80
2 5 tm/es/25
Text: HF02350 Text: HF02352 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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