SB 534 - The act directs the Department of Natural Resources to establish and publish a time line within which any application concerning a concentrated animal feeding operation (CAFO) must be decided upon if the initial decision is not made within ninety days of the receipt of the completed application. Publication requirements are laid out in the act. The act defines "persistent violation" as violating the regulations governing air or water pollution at least six times during any twelve month period. Any CAFO or recycling company that converts animal parts into petroleum in persistent violation shall forfeit any permit(s) they have obtained to do business in the state until such time as the operation successfully reapplies for a new permit.
The act adds a surcharge to the civil penalties assessed to any CAFO or recycling company that converts animal parts into petroleum that is found to have violated the regulations governing air and water pollution more than once during any thirty six month period of time. The surcharge shall be equal to the sum of the penalty assessed and the cumulative number of fines assessed for each prior citation during that time frame. The funds from the surcharge shall be deposited into funds created and utilized for public education and the enforcement of air and water pollution laws of the state.
The act is identical to SB 591 (2006).
ERIKA JAQUES