34A-2B-1. Definitions. Terms used in this section mean: (1)”Corrective action,” any action taken to minimize, contain, eliminate, remediate, mitigate, and clean up a discharge from a livestock operation, including any necessary emergency remedial action; (2)”Corrective action cost,” any cost incurred by the department in the investigation of a discharge from a livestock operation; in the […]
34A-2B-10. Lien on property–Notice–Priority of lien–Exceptions. All corrective action costs expended pursuant to this section constitute a lien on the property where the discharge occurs when a notice of lien is filed with the register of deeds in the county in which the property is located. The notice of lien shall contain a description of […]
34A-2B-11. Other remedies. Nothing in this section precludes the pursuit of any other administrative, civil, injunctive, or criminal remedies by the department or any other person. Administrative remedies need not be exhausted in order to proceed under this section. The remedies provided by this section are in addition to those provided by existing statutory or […]
34A-2B-2. Environmental livestock cleanup fund–Sources of funding. There is hereby established in the state treasury an operating fund to be known as the environmental livestock cleanup fund for the purpose of providing funds for the cleanup of discharges as defined in §34A-2B-1. Money from the following sources shall be deposited into the environmental livestock cleanup […]
34A-2B-3. Expenditure of funds by secretary. If necessary in the performance of duties under the environmental statutes in Title 34A, the secretary may expend money from the environmental livestock cleanup fund to provide for the costs of investigations, emergency remedial efforts, corrective actions, and managerial or administrative activities associated with such activities resulting from a […]
34A-2B-4. Disbursement of funds. The department shall perform all administrative functions relative to the environmental livestock cleanup fund and corrective actions funded by it. Disbursements from the environmental livestock cleanup fund shall be on warrants drawn by the state auditor pursuant to vouchers approved by the secretary. Source: SL 1998, ch 216, §7.
34A-2B-5. Reimbursement for corrective actions. The department may bring an action in circuit court against the responsible person to obtain reimbursement for corrective action costs expended from the environmental livestock cleanup fund. The secretary may seek recovery of other funds expended by the department as a result of a discharge through actions brought under the […]
34A-2B-6. Compliance with conditions of permits–Discharge. The discharge of manure and other materials or wastes associated with livestock operations is prohibited unless pursuant to and in compliance with the conditions of permits issued in accordance with environmental statutes in Title 34A. Source: SL 1998, ch 216, §9.
34A-2B-7. Violation–Corrective action. If a discharge in violation of §34A-2B-6 has occurred, or the department has reason to believe that a discharge in violation of §34A-2B-6 has occurred, the department shall order the responsible person to take corrective action concerning the discharge within a specified time. If the responsible person fails to comply with the […]
34A-2B-8. Judicial remedies. The department may file an action in circuit court for preliminary and permanent injunctive relief if the secretary determines emergency remedial efforts are necessary to prevent, contain, control, or mitigate a discharge. Source: SL 1998, ch 216, §11.
34A-2B-9. Violator’s liability for expenses. Any person who has caused a discharge in violation of §34A-2B-6 is strictly liable for the corrective action costs expended by the department. Source: SL 1998, ch 216, §12.
