459.605 Habitual violators — permit restrictions.
For five years after the date of the last violation of this chapter committed by a person or by a confinement feeding operation in which the person holds a controlling interest during which the person or confinement feeding operation was classified as a habitual violator under section 459.604, all of the following shall apply:
1. The department may not issue a new permit under this chapter to the person or confinement feeding operation.
2. The department may revoke or refuse to renew an existing permit issued under this chapter to the person or confinement feeding operation, if the permit relates to a confinement feeding operation and the department determines that the continued operation of the confinement feeding operation under the existing permit constitutes a clear, present, and impending danger to the public health or environment.
2002 Acts, ch 1137, §26, 67, 68, 71;
2002 Acts, 2nd Ex, ch 1003, §260, 262
For restrictions imposed on the right of a person classified as a “chronic violator” or a “habitual violator” to raise a defense against a nuisance suit brought against a confinement feeding operation, see §657.11 and 657.11A