Senate File 11 - Introduced SENATE FILE 11 BY BOLKCOM A BILL FOR An Act delegating to counties the permitting and enforcement 1 powers of the department of natural resources in relation to 2 certain sewage disposal systems and authorizing penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1066SS (5) 84 tm/sc

S.F. 11 Section 1. Section 331.382, Code 2011, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 10. The power to issue permits, conduct 3 inspections, and adopt standards for sewage disposal systems 4 that are not private sewage disposal systems, as defined in 5 section 455B.171, in relation to authority delegated by the 6 department of natural resources pursuant to sections 455B.174 7 and 455B.183. 8 Sec. 2. Section 455B.174, subsection 4, Code 2011, is 9 amended by adding the following new paragraph: 10 NEW PARAGRAPH . f. The department may enter into an 11 agreement with a county to delegate to the county the duties of 12 the department under this subsection as they relate to sewage 13 disposal systems that are not private sewage disposal systems. 14 Sec. 3. Section 455B.175, Code 2011, is amended to read as 15 follows: 16 455B.175 Violations. 17 1. If there is substantial evidence that any person has 18 violated or is violating any provision of this part of this 19 division , chapter 459, subchapter III , chapter 459A , or chapter 20 459B , or of any rule or standard established or permit issued 21 pursuant thereto; then: 22 1. a. The director may issue an order directing the person 23 to desist in the practice which constitutes the violation or 24 to take such corrective action as may be necessary to ensure 25 that the violation will cease. The person to whom such order 26 is issued may cause to be commenced a contested case within 27 the meaning of the Iowa administrative procedure Act, chapter 28 17A , by filing with the director within thirty days a notice of 29 appeal to the commission. On appeal the commission may affirm, 30 modify or vacate the order of the director; or 31 2. b. If it is determined by the director that an emergency 32 exists respecting any matter affecting or likely to affect the 33 public health, the director may issue any order necessary to 34 terminate the emergency without notice and without hearing. 35 -1- LSB 1066SS (5) 84 tm/sc 1/ 2

S.F. 11 Any such order shall be binding and effective immediately and 1 until such order is modified or vacated at a hearing before the 2 commission or by a court; or 3 3. c. The director, with the approval of the commission, 4 may request the attorney general to institute legal proceedings 5 pursuant to section 455B.191 or 459.604 . 6 2. Notwithstanding the limitations on civil and criminal 7 penalty amounts in sections 331.302 and 331.307, a county that 8 has entered into an agreement with the department pursuant 9 to sections 455B.174 and 455B.183 regarding sewage disposal 10 systems that are not private sewage disposal systems may assess 11 civil penalties in amounts consistent with and not exceeding 12 the amounts established for such penalties under this division. 13 Sec. 4. Section 455B.183, Code 2011, is amended by adding 14 the following new subsection: 15 NEW SUBSECTION . 8. The department may enter into an 16 agreement with a county to delegate to the county the duties 17 of the department under this section as they relate to sewage 18 disposal systems that are not private sewage disposal systems. 19 EXPLANATION 20 This bill relates to the delegation of permitting and 21 enforcement powers of the department of natural resources in 22 relation to certain sewage disposal systems. 23 The bill allows the delegation of duties from the department 24 to counties as those duties relate to the regulation and 25 enforcement of sewage disposal systems that are not private 26 sewage disposal systems. The bill allows counties to issue 27 permits, conduct inspections, and adopt standards in relation 28 to the delegation of authority. The bill allows counties to 29 assess civil penalties for the regulation of sewage disposal 30 systems that are not private sewage disposal systems in amounts 31 consistent with but not exceeding the amounts established for 32 such penalties in Code chapter 455B. 33 -2- LSB 1066SS (5) 84 tm/sc 2/ 2