House File 392 - Introduced
HOUSE FILE
BY FORD
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act increasing civil and criminal penalties for violations of
2 water quality laws.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 2651HH 81
5 tm/sh/8
PAG LIN
1 1 Section 1. Section 455B.191, subsections 1 and 2, Code
1 2 2005, are 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 2651HH 81
2 28 tm:nh/sh/8