House File 151 - Introduced HOUSE FILE 151 BY WESSEL-KROESCHELL , LEVIN , R. JOHNSON , KRESSIG , McBURNEY , MADISON , GOSA , WICHTENDAHL , BROWN-POWERS , B. MEYER , and KURTH A BILL FOR An Act relating to surface water quality by requiring the 1 establishment and maintenance of riparian protection 2 measures, providing for financing, and providing penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1895YH (4) 91 da/ns

H.F. 151 Section 1. Section 161A.4, Code 2025, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 2A. The division, in consultation with 3 the state soil conservation and water quality committee, and 4 in cooperation with the commissioners of the soil and water 5 conservation districts and the department of natural resources, 6 shall adopt rules pursuant to chapter 17A to implement, 7 administer, and enforce chapter 466B, subchapter V. 8 Sec. 2. Section 161A.42, subsection 4, Code 2025, is amended 9 by adding the following new paragraph: 10 NEW PARAGRAPH . d. The establishment of riparian protection 11 measures as provided in chapter 466B, subchapter V. 12 Sec. 3. Section 161A.42, Code 2025, is amended by adding the 13 following new subsections: 14 NEW SUBSECTION . 7A. “Permanent soil and water conservation 15 practice” means the planting of perennial grass, legumes, 16 shrubs, or trees, the establishment of a grassed waterway, the 17 construction of a terrace, or another permanent soil and water 18 practice approved by the division. 19 NEW SUBSECTION . 12. “Temporary soil and water conservation 20 practice” means the planting of annual or biennial crops, use of 21 strip-cropping, contour planting, or minimum or mulch tillage, 22 or any other cultural practice approved by the division. 23 Sec. 4. Section 161A.42, subsection 9, Code 2025, is amended 24 to read as follows: 25 9. “Soil and water conservation practices” “Soil and water 26 conservation practice” means any of the practices designated 27 in or pursuant to this subsection practice which serve serves 28 to prevent erosion of soil by wind or water, in excess of 29 applicable soil loss limits, from land used for agricultural 30 or horticultural purposes only. 31 a. “Permanent soil and water conservation practices” means 32 planting of perennial grasses, legumes, shrubs, or trees, the 33 establishment of grassed waterways, and the construction of 34 terraces, or other permanent soil and water practices approved 35 -1- LSB 1895YH (4) 91 da/ns 1/ 15

H.F. 151 by the division. 1 b. “Temporary soil and water conservation practices” means 2 planting of annual or biennial crops, use of strip-cropping, 3 contour planting, or minimum or mulch tillage, and any other 4 cultural practices approved by the division. 5 Sec. 5. Section 161A.48, subsection 1, Code 2025, is amended 6 to read as follows: 7 1. a. An Except as provided in paragraph “b” , the owner 8 or occupant of agricultural land in this state is not required 9 to establish any new permanent or temporary soil and water 10 conservation practice unless cost-share or other public 11 moneys have been specifically approved for that land and made 12 available to the owner or occupant pursuant to section 161A.74 . 13 b. Paragraph “a” does not apply to riparian protection 14 measures as provided in chapter 466B, subchapter V. 15 Sec. 6. Section 161A.49, Code 2025, is amended to read as 16 follows: 17 161A.49 Petition for court order. 18 1. The Except as provided in subsection 2, the commissioners 19 shall petition the district court for a court order requiring 20 immediate compliance with an administrative order previously 21 issued by the commissioners as provided in section 161A.47 , if 22 all of the following apply : 23 1. a. The work necessary to comply with the administrative 24 order is not commenced on or before the date specified in such 25 order, or in any supplementary order subsequently issued as 26 provided in section 161A.48 , unless in the judgment of the 27 commissioners the failure to commence or complete the work 28 as required by the administrative order is due to factors 29 beyond the control of the person or persons to whom such order 30 is directed and the person or persons can be relied upon to 31 commence and complete the necessary work at the earliest 32 possible time. 33 2. b. Such work is not being performed with due diligence, 34 or is not satisfactorily completed by the date specified in the 35 -2- LSB 1895YH (4) 91 da/ns 2/ 15

H.F. 151 administrative order, or when completed does not reduce soil 1 erosion from such land below the limits established by the soil 2 and water conservation district’s regulations. 3 3. c. The person or persons to whom the administrative 4 order is directed advise the commissioners that they do not 5 intend to commence or complete such work. 6 2. Subsection 1 does not apply to the extent that the 7 division proceeds against a landowner for violating a riparian 8 protection measure as provided in chapter 466B, subchapter V. 9 Sec. 7. Section 161A.72, Code 2025, is amended by adding the 10 following new subsection: 11 NEW SUBSECTION . 1A. The division shall provide a priority 12 to financing the establishment of riparian protection measures 13 as provided in chapter 466B, subchapter V. 14 Sec. 8. Section 161C.2, subsection 1, paragraph a, Code 15 2025, is amended to read as follows: 16 a. Each soil and water conservation district, alone and 17 whenever practical in conjunction with other districts, 18 shall carry out district-wide and multiple-district projects 19 to support water protection practices in the district 20 or districts, including projects to protect this state’s 21 groundwater and surface water from point and nonpoint sources 22 of contamination, including but not limited to contamination 23 by agricultural drainage wells, sinkholes, sedimentation, or 24 chemical pollutants. A district acting alone or in conjunction 25 with other districts shall provide priority to establishing 26 riparian protection measures as provided in chapter 466B, 27 subchapter V. 28 Sec. 9. Section 455B.171, subsection 11, Code 2025, is 29 amended to read as follows: 30 11. “Iowa nutrient reduction strategy” means a water 31 quality initiative developed and updated by the department of 32 agriculture and land stewardship, the department of natural 33 resources, and the college of agriculture and life sciences at 34 Iowa state university of science and technology in order to 35 -3- LSB 1895YH (4) 91 da/ns 3/ 15

H.F. 151 assess do all of the following: 1 a. Assess and reduce nutrients in this state’s watersheds 2 that utilize a pragmatic, strategic, and coordinated approach 3 with the goal of accomplishing reductions over time. 4 b. Evaluate the progress of water quality initiatives 5 including but not limited to the programs and riparian 6 protection measures provided in chapter 466B, subchapter V. 7 Sec. 10. Section 466B.5, Code 2025, is amended by adding the 8 following new subsection: 9 NEW SUBSECTION . 2A. Riparian protection. The department 10 of natural resources shall provide for the assessment of 11 regional watersheds and subwatersheds that are identified in 12 the riparian protection inventory and map. 13 Sec. 11. Section 466B.6, Code 2025, is amended by adding the 14 following new subsection: 15 NEW SUBSECTION . 3. Riparian protection. A community-based 16 subwatershed improvement plan shall provide for methods to 17 increase compliance with riparian protection measures provided 18 in subchapter V. 19 Sec. 12. Section 466B.7, subsection 2, Code 2025, is amended 20 to read as follows: 21 2. Data collection and use. Local communities in which 22 the department of natural resources conducts subwatershed 23 monitoring shall use the information to support subwatershed 24 planning activities, do local data collection, and identify 25 priority areas needing additional resources. Local communities 26 shall also collect data regarding the effect of riparian 27 protection measures, and collect data over time and use the 28 data to evaluate for use in evaluating the impacts of their 29 management efforts. 30 Sec. 13. NEW SECTION . 466B.51 Definitions. 31 As used in this subchapter, unless the context otherwise 32 requires: 33 1. “Department” means the department of natural resources. 34 2. “District” means a soil and water conservation district 35 -4- LSB 1895YH (4) 91 da/ns 4/ 15

H.F. 151 established in section 161A.5. 1 3. “Division” means the division of soil conservation and 2 water quality created within the department of agriculture and 3 land stewardship pursuant to section 159.5. 4 4. “Landowner” means a person listed on the tax assessment 5 rolls as responsible for the payment of real estate taxes 6 imposed on the land adjacent to a public water source. 7 5. “Normal water level” means the level evidenced by the 8 long-term presence of surface water as indicated directly by 9 hydrophytic plants or hydric soils or indirectly determined via 10 hydrological models or analysis. 11 6. a. “Process wastewater” means water directly or 12 indirectly used in the operation of an animal feeding operation 13 as defined in section 459.102 for spillage or overflow from 14 animal or poultry watering systems; washing, cleaning, or 15 flushing of pens, barns, manure pits, or other facilities; 16 direct contact swimming, washing, or spray-cooling of animals; 17 or dust control. 18 b. “Process wastewater” also includes any water that comes 19 into contact with any raw materials, products, or byproducts, 20 including manure, litter, feed, milk, eggs, or bedding. 21 7. “Public water source” means waters of the state having 22 definite banks and a bed. 23 8. “Riparian protection measure” means a riparian protection 24 buffer or an alternative riparian protection practice as 25 provided in section 466B.55. 26 9. “Waters of the state” means any stream, lake, pond, 27 marsh, watercourse, waterway, well, spring, reservoir, aquifer, 28 irrigation system, drainage system, and any other body or 29 accumulation of water, surface or underground, natural or 30 artificial, public or private, which is contained within, flows 31 through, or borders upon the state or any portion of the state. 32 Sec. 14. NEW SECTION . 466B.52 Purposes and goals. 33 1. The purpose of this subchapter is to establish riparian 34 protection measures for public water sources that do all of the 35 -5- LSB 1895YH (4) 91 da/ns 5/ 15

H.F. 151 following: 1 a. Provide protection from erosion and runoff pollution. 2 b. Stabilize soils, shores, and banks. 3 c. Protect or provide riparian corridors for public use. 4 2. In administering this subchapter, the division, in 5 consultation with the department, shall advance all of the 6 following goals: 7 a. Reduce soil erosion and sediment loss, including by doing 8 any of the following: 9 (1) Stabilizing the soil or otherwise limiting sediment 10 from being conveyed by surface water runoff. 11 (2) Filtering sediment-laden water. 12 b. Manage nutrients and reduce contributing contaminant 13 loads to receiving public surface waters. 14 c. Provide a setback distance from an input applied to 15 adjacent land, including pesticides as defined in section 16 206.2, nutrients as defined in section 455B.171, commercial 17 fertilizers or soil conditioners as those terms are defined 18 in section 200.3, manure as defined in section 459.102, open 19 feedlot effluent or animal truck wash effluent as those terms 20 are defined in section 459A.102, or process wastewater. 21 d. Reduce the volume or velocity of precipitation-induced 22 surface water. 23 e. Improve stream or ditch bank stability with deep-rooted 24 plants. 25 f. Provide an infiltration area for surface water. 26 g. Provide an uptake and denitrification zone for shallow 27 subsurface flow. 28 h. Retire adjacent land from crop production in areas that 29 have low productivity or are inefficient to farm. 30 i. Provide habitat for beneficial wildlife species if a 31 corridor is sufficiently wide or the buffer connects larger 32 habitat areas together. 33 Sec. 15. NEW SECTION . 466B.53 Administration and 34 enforcement. 35 -6- LSB 1895YH (4) 91 da/ns 6/ 15

H.F. 151 1. The division shall administer and enforce this chapter 1 in consultation with the department. The division shall adopt 2 all rules necessary or desirable to carry out this subchapter, 3 including rules necessary or desirable to effectuate this 4 subchapter’s purposes and goals as provided in section 466B.52. 5 2. The division shall assist the department and the water 6 resources coordinating council established in section 466B.3, 7 including in the completion of a statewide regional watershed 8 assessment, prioritization, and planning process described in 9 section 466B.5. 10 3. a. The commissioners of a district shall consult with 11 department field office staff in assisting the division in the 12 administration and enforcement of this subchapter. 13 b. The commissioners of a district shall assist landowners 14 in establishing and maintaining riparian protection measures. 15 The assistance may be in the form of planning, technical 16 support, and tracking progress toward compliance with the 17 requirements of this subchapter. 18 4. The division, acting on its own or on behalf of the 19 commissioners of a district, may obtain an administrative 20 search warrant to determine compliance with this subchapter as 21 provided in section 808.14. 22 Sec. 16. NEW SECTION . 466B.54 Riparian protection inventory 23 and map. 24 1. The department shall prepare, revise, and publish a 25 riparian protection inventory and map for each county which 26 shall be used as the basis of designating public water sources 27 that require riparian protection from nonpoint sources of 28 pollution as provided in this subchapter. 29 2. In preparing and revising a riparian protection 30 inventory and map, the department shall provide priority to a 31 public water source classified as any of the following: 32 a. Part of a subwatershed that drains into a water body or 33 water segment placed on the department’s section 303(d) list 34 as defined in section 455B.171, regardless of whether a total 35 -7- LSB 1895YH (4) 91 da/ns 7/ 15

H.F. 151 maximum daily load for that water body or water segment has 1 been developed. 2 b. A high-quality water resource as defined in section 3 459.102. 4 c. The Mississippi river basin as part of the Mississippi 5 river basin healthy watersheds initiative as provided in 6 chapter 161G. 7 3. Each tract of land where each riparian protection measure 8 is to be established shall be identified according to a system 9 of parcels identified by a property identification number 10 according to uniform criteria developed by the department. 11 4. The division, and a board governing a drainage or 12 levee district as provided in chapter 468, shall provide all 13 cooperation requested by the department in order to prepare and 14 revise a riparian protection inventory and map. 15 Sec. 17. NEW SECTION . 466B.55 Riparian protection measures. 16 1. A landowner shall establish and maintain riparian 17 protection measures as provided in this section. 18 2. a. A landowner of property adjacent to a public water 19 source identified as part of a riparian protection inventory 20 and map shall maintain a continuous riparian protection buffer 21 as follows: 22 (1) The riparian protection buffer must consist of 23 perennial vegetation, excluding invasive plants and weeds 24 declared noxious pursuant to section 317.1A, if the area is 25 adjacent to a public water source. 26 (2) (a) Except as provided in subparagraph division (b), 27 the riparian protection buffer shall have a fifty-foot average 28 width and a thirty-foot minimum width. 29 (b) A landowner shall comply with subparagraph division 30 (a) twelve months after the land is identified in a riparian 31 protection inventory and map published under section 466B.54. 32 The commissioners of a district may grant a landowner a 33 one-time waiver of this requirement for not more than one year. 34 (3) (a) For a ditch, tile drain, watercourse, or settling 35 -8- LSB 1895YH (4) 91 da/ns 8/ 15

H.F. 151 basin established as part of a drainage or levee district 1 governed under chapter 468, the buffer shall have a sixteen and 2 one-half foot minimum width. 3 (b) A landowner shall comply with subparagraph division (a) 4 twenty-four months after the land is identified as part of a 5 riparian protection inventory and map published under section 6 466B.54. The commissioners of a district may grant a landowner 7 a one-time waiver of this requirement for not more than one 8 year. 9 b. The width of a riparian protection buffer shall be 10 measured from the crown of the bank. Where there is no defined 11 bank, the measurement shall be from the edge of the normal 12 water level. The division may provide a different measurement 13 method for a ditch, tile drain, watercourse, or settling basin 14 established as part of a drainage or levee district governed 15 under chapter 468. 16 3. a. A landowner of property adjacent to a public water 17 source identified as part of a riparian protection inventory 18 and map may meet the requirements described in subsection 1 19 by adopting an alternative riparian protection practice alone 20 or in combination with a modified riparian protection buffer. 21 The alternative riparian protection practice as established 22 alone or in combination with a riparian protection buffer shall 23 provide water quality protection comparable to the riparian 24 protection described in subsection 2. 25 b. A landowner shall comply with paragraph “a” twelve 26 months after the land is identified as part of a riparian 27 protection inventory and map published under section 466B.54. 28 The commissioners of a district may grant a one-time waiver of 29 this requirement for not more than one year. 30 4. The terms and conditions of a riparian protection measure 31 shall be set forth in a parcel-specific riparian protection 32 compliance plan approved by the commissioners of the district 33 where the land is located and filed by the commissioners 34 with the division which shall be published on the division’s 35 -9- LSB 1895YH (4) 91 da/ns 9/ 15

H.F. 151 internet site. The riparian protection plan may be part of 1 a financing agreement entered into by the landowner and the 2 division or commissioners of a district as provided in chapter 3 161A. 4 5. The establishment and maintenance of a riparian 5 protection measure shall at least comply with all requirements 6 of soil and water conservation practices or erosion control 7 practices as described in chapter 161A, unless otherwise 8 provided by the division and agreed to by the commissioners. 9 A riparian protection measure qualifies for water quality 10 agriculture infrastructure programs created in section 466B.43 11 and the water quality urban infrastructure program as provided 12 in section 466B.44. A riparian protection measure shall be 13 inspected and certified by the commissioners of the district 14 where the land is located as required by the division. 15 6. This section does not prevent a landowner from using land 16 established for riparian protection in any manner that does not 17 interfere with the requirements of this subchapter, including a 18 riparian protection compliance plan. The division shall upon 19 request of a landowner issue a declaratory order regarding the 20 use as provided in section 17A.9. 21 Sec. 18. NEW SECTION . 466B.56 Exemptions. 22 1. A landowner is not required to comply with the 23 requirements in section 466B.55 if any of the following apply: 24 a. The public water source is located adjacent to land where 25 only one landowner is riparian. 26 b. A person’s contribution of a pollutant to a public 27 water source is regulated by the department under chapter 455B 28 or pursuant to a permit related to the administration of the 29 national pollutant discharge elimination system permit program 30 pursuant to the federal Water Pollution Control Act, 33 U.S.C. 31 ch. 26, as amended, and 40 C.F.R. pt. 124. However, this 32 paragraph does not apply to the discharge or application of 33 manure or other nutrients under chapter 459, 459A, or 459B. 34 c. The land where riparian protection measures are otherwise 35 -10- LSB 1895YH (4) 91 da/ns 10/ 15

H.F. 151 required pursuant to section 466B.55 is any of the following: 1 (1) Enrolled in the federal conservation reserve program as 2 described in 7 C.F.R. pt. 1410. 3 (2) A wetland that could qualify under the conservation 4 reserve enhancement program as provided in section 466.5. 5 (3) Subject to a conservation easement as provided in 6 chapter 457A. 7 (4) Covered by a road, trail, building, or other structure. 8 (5) Subject to a crop approved by the division, including 9 alfalfa or other perennial crop or part of a water-inundation 10 cropping system. 11 (6) Part of a prairie, forest area, other biologically 12 significant area, or that contains significant archaeological, 13 historical, or cultural value. 14 (7) Contains geological characteristics which are 15 unsuitable for vegetation. 16 (8) In a temporary nonvegetated condition due to drainage 17 tile installation and maintenance, plant seeding, or the 18 construction of a conservation project authorized by the 19 federal government, the state, or a political subdivision 20 thereof. 21 2. The division may excuse a landowner from complying with 22 the requirements of section 466B.55 if the division determines 23 that compliance would not significantly further the purposes 24 and goals of this chapter as described in section 466B.52. The 25 exemption may be based on but is not limited to any of the 26 following: 27 a. The normal water level, which may exclude periods of 28 drought or flooding. 29 b. The average water flow, which may exclude periods of 30 drought or flooding. 31 c. The total drainage area, which may exclude periods of 32 drought or flooding. 33 Sec. 19. NEW SECTION . 466B.57 Corrective action —— 34 compliance order. 35 -11- LSB 1895YH (4) 91 da/ns 11/ 15

H.F. 151 1. The division shall take enforcement action against 1 a landowner who violates a term or condition of a riparian 2 protection compliance plan as provided in section 466B.55. The 3 division, in cooperation with the department and commissioners 4 of a district where the land is located, shall issue a 5 compliance order that includes a list of corrective actions 6 that the landowner must correct. The compliance order shall 7 include a practical period for the landowner to complete the 8 corrective actions and for the commissioners to inspect the 9 land and approve the corrective actions. A corrective action 10 must be approved by the commissioners within one year after the 11 division issues the compliance order, unless the commissioners 12 grant an extension. 13 2. If the landowner is in violation of a protection 14 compliance plan as provided in section 466B.55 and an 15 administrative order is issued by the commissioners under 16 chapter 161A, subchapter V, part 1, to the landowner, the 17 division may waive its right to take an enforcement action 18 under this chapter. 19 Sec. 20. NEW SECTION . 466B.58 Removal or degradation. 20 1. A landowner shall not engage in any work to remove 21 or degrade a riparian protection measure, in whole or in 22 part, unless the person has obtained a signed statement from 23 the commissioners of the district where the land is located 24 granting authorization to engage in the work as required by the 25 division. 26 2. A person other than a landowner shall not engage in 27 any work to remove or degrade a riparian protection measure, 28 in whole or in part, unless the person has obtained a signed 29 statement from the landowner granting authorization to engage 30 in the work subject to the requirements in subsection 1. 31 Sec. 21. NEW SECTION . 466B.59 Civil penalty. 32 1. Except as provided in subsection 2, a landowner who does 33 not complete a corrective action within the period stated in 34 the compliance order under section 466B.57 is subject to a 35 -12- LSB 1895YH (4) 91 da/ns 12/ 15

H.F. 151 civil penalty as follows: 1 a. One hundred dollars per parcel as described in 2 the riparian protection compliance plan which shall be 3 assessed, imposed, and collected on a thirty-day basis for a 4 one-hundred-eighty-day period. 5 b. After the period described in paragraph “a” , five hundred 6 dollars per parcel as described in the riparian protection 7 compliance plan which shall be assessed, imposed, and collected 8 on a thirty-day basis. 9 2. A person who is in violation of section 466B.56 is 10 subject to a civil penalty of five hundred dollars per parcel 11 as described in the riparian protection compliance plan which 12 shall be assessed, imposed, and collected by the division on a 13 thirty-day basis. 14 3. Civil penalties collected pursuant to this section shall 15 be credited to the general fund of the state. 16 EXPLANATION 17 The inclusion of this explanation does not constitute agreement with 18 the explanation’s substance by the members of the general assembly. 19 GENERAL. This bill amends Code chapter 466B, which provides 20 for a number of programs to protect surface water and provide 21 for flood mitigation and watershed management. The bill 22 creates a new Code subchapter which requires a landowner having 23 an interest in property adjoining a public water source (e.g., 24 a watercourse such as a river, stream, or drainage ditch; or a 25 body of water such as a pond, lake, or reservoir) to establish 26 and maintain a riparian protection measure (measure) in 27 compliance with a riparian protection compliance plan (plan). 28 The plan is derived from a riparian protection inventory and 29 map developed by the department of natural resources (DNR). 30 ADMINISTRATION. The plan must be prepared by the landowner 31 and approved by the division of soil conservation and water 32 quality (division) of the department of agriculture and 33 land stewardship. The division must act in partnership 34 with commissioners of soil and water conservation districts 35 -13- LSB 1895YH (4) 91 da/ns 13/ 15

H.F. 151 (commissioners), and in cooperation with a number of other 1 government entities, including the state soil conservation 2 and water quality committee, the water resources coordinating 3 council, and DNR. 4 REQUIREMENTS. Under an approved plan, a landowner must 5 establish and maintain a measure which is either a riparian 6 protection buffer consisting of perennial vegetation, or an 7 alternative riparian protection practice (e.g., erosion control 8 practice or soil and water conservation practice) alone or in 9 combination with a modified riparian protection buffer. The 10 landowner must establish and maintain the measure after the 11 division completes a riparian protection inventory and map 12 which identifies the land subject to riparian protection. A 13 landowner may apply for financial assistance to establish a 14 measure under a number of programs, including cost-share moneys 15 awarded under the authority of the division. 16 EXCEPTIONS. The bill creates a number of exceptions that 17 excuse compliance, including if (1) there is only one riparian 18 landowner; (2) other regulations apply, including storm water 19 outlets regulated by DNR, or a conservation program regulated 20 by the federal or state government; (3) the land is covered by 21 another object or structure; (4) the land is used to produce 22 a designated crop; (5) the land is part of an environmentally 23 designated area (e.g., a forest); (6) the land contains unique 24 geological characteristics; or (7) the land is subject to 25 construction. The division may also create other exceptions 26 if it determines that the exception would not interfere with 27 the bill’s purposes. 28 ENFORCEMENT. The division is to take enforcement action 29 against a landowner who violates a term or condition of a 30 plan, unless the division allows the commissioners to take an 31 enforcement action in court for the landowner’s violation of 32 the terms of an administrative order (e.g., for violating the 33 terms of a cost-share agreement). If the division enforces the 34 plan, if must first issue a compliance order listing items that 35 -14- LSB 1895YH (4) 91 da/ns 14/ 15

H.F. 151 the landowner must complete within a specified time but not 1 more than one year after the compliance order has been issued. 2 The bill also prohibits a landowner or another person from 3 engaging in any work to remove or degrade a riparian protection 4 measure, unless the person has obtained authorization. The 5 bill provides a range of civil penalties based on the number of 6 parcels included in the plan and the period that the violation 7 continues after the compliance order was delivered. The 8 amounts of the civil penalties range from $100 to $500 per 9 parcel. 10 -15- LSB 1895YH (4) 91 da/ns 15/ 15