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1996 SESSION

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HB 1329 Agricultural Stewardship Act; created.

Introduced by: R. Creigh Deeds | all patrons    ...    notes | add to my profiles

SUMMARY:

Agricultural Stewardship Act. Creates a program to address water quality problems caused by agricultural activities. Beginning April 1, 1997, any person may submit a complaint to the Commissioner that an agricultural operation is creating pollution. The complaint will be investigated by the local soil and water conservation district or the Commissioner. As part of the investigation, the Commissioner or district may, after reasonable notice and under reasonable circumstances, enter the property on which the agricultural activity is occurring. If the investigation confirms that the operation is creating or will create pollution, then the owner or operator must within 60 days formulate a plan containing measures which will prevent or cease the pollution. The owner or operator has six months to begin implementing the plan and 18 months to completely implement the plan. If the owner or operator fails to implement the plan, the Commissioner must issue, after a hearing, a corrective order requiring the owner or operator to implement specified measures to correct the pollution. An emergency corrective order may be issued without a prior hearing if an agricultural activity is causing an imminent or substantial danger. If an owner or operator fails to obey a corrective order, the Commissioner can obtain a court order requiring the owner or operator to implement the measures contained in the order. If the owner or operator does not obey the court order, the Commissioner can enter the land and implement the measures. The penalty for violating a corrective order or court order is $5,000 per violation per day. The penalties are to be placed in a fund to be used for financial assistance for implementing best management practices. Localities are authorized to enact programs similar to the state program created by this bill, except that a locality may not impose penalties or issue orders.


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