House File 2106

                                       HOUSE FILE       
                                       BY  GREIMANN


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to enforcement of the beverage containers control
  2    law and providing a penalty.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 6039HH 80
  5 tm/sh/8

PAG LIN

  1  1    Section 1.  NEW SECTION.  455C.12A  VIOLATIONS.
  1  2    1.  The commission or the director may issue any order
  1  3 necessary to secure compliance with or prevent a violation of
  1  4 a provision of this chapter or a rule adopted pursuant to this
  1  5 chapter.  The attorney general shall, upon request by the
  1  6 department, institute any civil or criminal legal proceeding
  1  7 necessary to obtain compliance with an order of the commission
  1  8 or director or to prosecute a person for a violation of a
  1  9 provision of this chapter or a rule adopted pursuant to this
  1 10 chapter.
  1 11    2.  Unless otherwise provided in this chapter, a person who
  1 12 violates a provision of this chapter, a rule adopted pursuant
  1 13 to this chapter, or a condition of an order issued pursuant to
  1 14 this chapter shall be subject to a civil penalty not to exceed
  1 15 five thousand dollars for each day of such violation.
  1 16                           EXPLANATION
  1 17    This bill relates to the enforcement of the provisions of
  1 18 Code chapter 455C and provides a civil penalty.  Code chapter
  1 19 455C relates to the beverage containers control law, also
  1 20 known as the bottle bill.
  1 21    The bill provides that the environmental protection
  1 22 commission or the director of the department of natural
  1 23 resources may issue any order necessary to secure compliance
  1 24 with or prevent a violation of a provision of Code chapter
  1 25 455C or a rule adopted pursuant to Code chapter 455C.  The
  1 26 bill requires the attorney general, upon request by the
  1 27 department, to institute any civil or criminal legal
  1 28 proceeding necessary to obtain compliance with an order of the
  1 29 commission or director or to prosecute a person for a
  1 30 violation of a provision of this chapter or a rule adopted
  1 31 pursuant to this chapter.
  1 32    The bill provides that, unless otherwise provided, a person
  1 33 who violates a provision of Code chapter 455C, a rule adopted
  1 34 pursuant to Code chapter 455C, or a condition of an order
  1 35 issued pursuant to Code chapter 455C shall be subject to a
  2  1 civil penalty not to exceed $5,000 for each day of such
  2  2 violation.
  2  3 LSB 6039HH 80
  2  4 tm/sh/8