House File 677 H-1216 Amend House File 677 as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < DIVISION I 4 ADMINISTRATIVE APPEALS TIMELINE 5 Section 1. NEW SECTION . 455B.110 Administrative appeal 6 orders —— deadline. 7 1. An order issued by the director or the department 8 pursuant to authority granted in this chapter may be appealed, 9 resulting in the scheduling of a contested case hearing as 10 provided for in chapter 17A. The appeal must be received 11 by the director within the applicable timeframe established 12 in this section. If the appeal is not received within the 13 applicable timeframe, the appeal is not timely and the order 14 is final agency action. 15 2. For a person that holds a permit issued by the 16 department, an appeal must be received by the director within 17 sixty days of the issuance of the order to the address of 18 the person identified in the permit and the address of the 19 responsible party listed in the permit, if any. 20 3. For a person that is required to maintain a registered 21 agent or a registered office in the state and does not hold a 22 permit issued by the department, an appeal must be received by 23 the director within sixty days of the issuance of the order 24 to the official registered agent address on file with the 25 secretary of state. 26 4. For any other person, an appeal must be received by 27 the director within sixty days of issuance to the last known 28 address. 29 5. The director or the department shall provide a copy of 30 the order by ordinary mail or electronic mail to the person’s 31 attorney if the attorney has been identified to the department 32 as representing the person. 33 6. a. For the purposes of this section, the date of 34 issuance of an order by the director or the department is the 35 -1- HF677.1844 (1) 88 (amending this HF 677 to CONFORM to SF 409) js/tm 1/ 7 #1.

postmarked date that the order is sent by the department to the 1 registered agent or party by certified mail. For the purposes 2 of this section, the date of receipt by the director is the 3 postmarked date that the appeal was sent to the director. 4 Sec. 2. Section 455B.138, subsection 1, Code 2019, is 5 amended to read as follows: 6 1. When the director has evidence that a violation of 7 any provision of division II of this chapter or chapter 459, 8 subchapter II , or rule, standard or permit established or 9 issued under division II or chapter 459, subchapter II , has 10 occurred, the director shall notify the alleged violator and, 11 by informal negotiation, attempt to resolve the problem. 12 If the negotiations fail to resolve the problem within a 13 reasonable period of time, the director shall issue an order 14 directing the violator to prevent, abate or control the 15 emissions or air pollution involved. The order shall prescribe 16 the date by which the violation shall cease and may prescribe 17 timetables for necessary action to prevent, abate or control 18 the emissions of air pollution. The order may be appealed to 19 the commission. The applicable timeframes for the issuance and 20 appeal of the order are defined in section 455B.110. 21 Sec. 3. Section 455B.175, subsection 1, paragraph a, Code 22 2019, is amended to read as follows: 23 a. The director may issue an order directing the person 24 to desist in the practice which constitutes the violation or 25 to take such corrective action as may be necessary to ensure 26 that the violation will cease. The person to whom such order 27 is issued may cause to be commenced a contested case within 28 the meaning of the Iowa administrative procedure Act, chapter 29 17A , by filing with the director within thirty days a notice 30 of appeal to the commission. The applicable timeframes for 31 the issuance and appeal of the order are defined in section 32 455B.110. On appeal the commission may affirm, modify or 33 vacate the order of the director; or 34 Sec. 4. Section 455B.183, Code 2019, is amended by adding 35 -2- HF677.1844 (1) 88 (amending this HF 677 to CONFORM to SF 409) js/tm 2/ 7

the following new subsection: 1 NEW SUBSECTION . 9. A rural water association organized 2 under chapter 357A or chapter 504 that employs or retains 3 a licensed engineer shall be considered to have met the 4 permitting requirements of this section for the purposes 5 of sewer extensions and water supply distribution system 6 extensions. The department shall not disqualify a rural 7 water system if the system’s hydraulic modeling complies with 8 standards for water supply distribution systems adopted by the 9 commission pursuant to this chapter. 10 Sec. 5. Section 455B.279, subsection 1, Code 2019, is 11 amended to read as follows: 12 1. The director may issue any order necessary to secure 13 compliance with or prevent a violation of this part or the 14 rules adopted pursuant to this part. Within thirty days of 15 issuance, the The order may be appealed to the commission by 16 filing a notice of appeal with the director. The appeal shall 17 be conducted as a contested case pursuant to chapter 17A and 18 the commission may affirm, modify, or revoke the order. The 19 department may request legal services as required from the 20 attorney general, including any legal proceeding necessary to 21 obtain compliance with this part and rules and orders issued 22 under this part. The applicable timeframes for the issuance 23 and appeal of an order are defined in section 455B.110. 24 Sec. 6. Section 455B.308, Code 2019, is amended to read as 25 follows: 26 455B.308 Appeal from order. 27 Any person aggrieved by an order of the director may appeal 28 the order by filing a written notice of appeal with the 29 director within thirty days of the issuance of the order in 30 accordance with section 455B.110 . The director shall schedule 31 a hearing for the purpose of hearing the arguments of the 32 aggrieved person within thirty days of the filing of the notice 33 of appeal. The hearing may be held before the commission 34 or its designee. A complete record shall be made of the 35 -3- HF677.1844 (1) 88 (amending this HF 677 to CONFORM to SF 409) js/tm 3/ 7

proceedings. The director shall issue the findings in writing 1 to the aggrieved person within thirty days of the conclusion 2 of the hearing. Judicial review may be sought of actions 3 of the commission in accordance with the terms of the Iowa 4 administrative procedure Act, chapter 17A . Notwithstanding the 5 terms of the Act, petitions for judicial review may be filed 6 in the district court of the county where the acts in issue 7 occurred. 8 Sec. 7. Section 455B.476, subsection 1, Code 2019, is 9 amended to read as follows: 10 1. If there is substantial evidence that a person has 11 violated or is violating a provision of this part or a 12 rule adopted under this part the director may issue an 13 order directing the person to desist in the practice which 14 constitutes the violation, and to take corrective action as 15 necessary to ensure that the violation will cease, and may 16 impose appropriate administrative penalties pursuant to section 17 455B.109 . The person to whom the order is issued may appeal 18 the order to the commission as provided in chapter 17A . On 19 appeal, the commission may affirm, modify or vacate the order 20 of the director. The applicable timeframes for the issuance 21 and appeal of the order are defined in section 455B.110. 22 Sec. 8. Section 455D.23, Code 2019, is amended to read as 23 follows: 24 455D.23 Administrative enforcement —— compliance orders. 25 The director may issue any order necessary to secure 26 compliance with or prevent a violation of the provisions of 27 this chapter or any rule adopted or permit or order issued 28 pursuant to this chapter . Any order issued to enforce section 29 455D.4A may include a requirement to remove and properly 30 dispose of materials being accumulated speculatively from a 31 property and impose costs and penalties as determined by the 32 department by rule. The person to whom such compliance order 33 is issued may cause to be commenced a contested case within the 34 meaning of chapter 17A by filing within thirty days a notice 35 -4- HF677.1844 (1) 88 (amending this HF 677 to CONFORM to SF 409) js/tm 4/ 7

of appeal to the commission. On appeal, the commission may 1 affirm, modify, or vacate the order of the director. The 2 applicable timeframes for the issuance and appeal of the order 3 are defined in section 455B.110. 4 Sec. 9. Section 458A.11, subsection 2, Code 2019, is amended 5 to read as follows: 6 2. An order or amendment of an order, except in an 7 emergency, shall not be made by the department without a 8 public hearing upon at least ten days’ notice. The public 9 hearing shall be held at the time and place prescribed by the 10 department, and any interested person is entitled to be heard. 11 The applicable timeframes for the issuance and appeal of the 12 order are defined in section 455B.110. 13 DIVISION II 14 ADMINISTRATIVE CHANGES FOR WASTE DISPOSAL SYSTEMS AND PUBLIC 15 WATER SUPPLY SYSTEMS 16 Sec. 10. Section 455B.103A, subsection 1, paragraph b, Code 17 2019, is amended to read as follows: 18 b. Following the effective date of a general permit, a 19 person proposing to conduct activities covered by the general 20 permit shall provide a notice of intent to conduct a covered 21 activity on a form provided by the department. A person shall 22 also provide public notice of intent to conduct activities 23 covered under the general permit by publishing notice in one 24 newspaper with the largest circulation in the area in which the 25 facility is located. Notice of intent to conduct activities 26 covered under the general permit shall also be provided by 27 the department electronically. Notice of the discontinuation 28 of a permitted activity other than storm water and allowable 29 nonstorm water discharges shall be provided in the same manner. 30 Sec. 11. Section 455B.183, subsection 1, paragraph c, Code 31 2019, is amended to read as follows: 32 c. The operation of any waste disposal system or public 33 water supply system or any part of or extension or addition 34 to the system. This provision paragraph does not apply to a 35 -5- HF677.1844 (1) 88 (amending this HF 677 to CONFORM to SF 409) js/tm 5/ 7

pretreatment system, the effluent of which is to be discharged 1 directly to another disposal system for final treatment and 2 disposal; a semipublic sewage disposal system, the construction 3 of which has been approved by the department and which that 4 does not discharge into a water of the state; or a private 5 sewage disposal system which that does not discharge into 6 a water of the state. The commission may adopt additional 7 exemptions for a class of disposal systems that do not 8 discharge into a water of the state or the director may waive 9 the permit requirement for an individual system that does 10 not discharge into a water of the state. The commission or 11 director shall consider the volume, location, frequency, and 12 nature of disposal from a system or class of systems before 13 granting a waiver or exemption. Sludge from a semipublic 14 or private sewage disposal system shall be disposed of in 15 accordance with the rules adopted by the department pursuant to 16 chapter 17A . The exemption of this paragraph shall not apply 17 to any industrial waste discharges. 18 Sec. 12. Section 455B.265, subsection 5, Code 2019, is 19 amended to read as follows: 20 5. Prior to the issuance of a new permit or modification 21 of a permit under this section to a community public water 22 supply, the department shall publish a notice of recommendation 23 to grant a permit. The notice shall include a brief summary 24 of the proposed permit and shall be published in a newspaper 25 of general circulation within the county of the proposed 26 water source as provided in section 618.3 . If the newspaper 27 of general circulation is not the newspaper of the nearest 28 locality to the proposed water source that publishes a 29 newspaper, the notice shall also be published in the newspaper 30 of the nearest locality to the proposed water source that 31 publishes a newspaper and the department may charge the 32 applicant for the expenses associated with publishing the 33 notice in the second newspaper . 34 Sec. 13. Section 455B.265, subsection 6, paragraphs a and c, 35 -6- HF677.1844 (1) 88 (amending this HF 677 to CONFORM to SF 409) js/tm 6/ 7

Code 2019, are amended to read as follows: 1 a. The amount of a fee shall be based on the department’s 2 reasonable cost of reviewing applications, issuing permits, 3 ensuring compliance with the terms of the permits, and 4 resolving water interference complaints. The commission shall 5 calculate the fees to produce total revenues of not more than 6 five hundred thousand dollars for each fiscal year , commencing 7 with the fiscal year beginning July 1, 2009, and ending June 8 30, 2010 . 9 c. The commission shall annually review the amount of moneys 10 generated by the fees, the balance in the water use permit 11 fund, and the anticipated expenses for the succeeding fiscal 12 year years . > 13 ______________________________ SEXTON of Calhoun -7- HF677.1844 (1) 88 (amending this HF 677 to CONFORM to SF 409) js/tm 7/ 7