General Assembly: 77 (1998 Regular GA) - Chapter 1004 - Anhydrous ammonia

Published: 1998

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AN ACT regulating anhydrous ammonia by prohibiting tampering with related equipment and the unauthorized possession and transportation of containers and receptacles used to store anhydrous ammonia, providing enhanced penalties, and providing an effective date.

Be It Enacted by the General Assembly of the State ofIowa:

Section 1. Section 200.14, subsection 1, unnumbered paragraph 3, Code 1997, is amended to read as follows:

lA. All aahydfeHs Anhydrous ammonia equipment shall be installed and maintained in a safe operating condition and in conformity with the rules and fegulatiens ef adopted by the secretary ef agieHltHfe. A person shall not intentionally tamper with anhydrous equip- ment. Tampering occurs when a person who is not authorized by the owner of anhydrous ammonia equipment uses the equipment in violation of a provision of this chapter. includ- ing a rule adopted by the secretary. Ne!! person, fiffB ef eeFflefatien, ethef than the e":lfief and these aHtheR515ed l3y the ewaef te de se, shall not in any manner or for any purpose sell, fill, refill, deliver~ 9f permit to be delivered, or use in any mannef any an anhydrous ammo- nia container or receptacle. including for the storage of any gas; or compound fef any ethef pHFflese whatseeYef. unless the person owns the container or receptacle or is authorized to do so by the owner. A person shall not possess or transport anhydrous ammonia in a container or receptacle which is not authorized by the secretary to hold anhydrous ammo- nia.

Sec. 2. Section 200.18, subsection 2, Code 1997, is amended to read as follows: 2. An"f !! person violating any pfeYisien ef this chapter or the rules and fegulatiens

issHed thefeHndef adopted by the secretary pursuant to this chapter shall be guilty of a simple misdemeanor. In addition to the imposition of the simple misdemeanor penalty. a person violating section 200.14 shall be subject to a civil penalty of not more than one thousand five hundred dollars. if the person does any of the following:

a. Intentionally tampers with anhydrous ammonia equipment. b. Possesses or transports anhydrous ammonia in a container or receptacle which is not

authorized to hold anhydrous ammonia according to rules adopted by the secretary. A person tampering with anhydrous ammonia equipment in violation of section 200.14

shall not have a cause of action against the owner of the equipment. any person responsible for the installation and maintenance of the equipment. or the person lawfully selling the anhydrous ammonia for damages arising out of the tampering.

Sec. 3. EFFECTIVE DATE. This Act, being deemed of immediate importance, takes effect upon enactment.

Approved February 19,1998