Senate File 407 - Introduced SENATE FILE 407 BY COMMITTEE ON NATURAL RESOURCES AND ENVIRONMENT (SUCCESSOR TO SF 11) A BILL FOR An Act delegating to counties the permitting and enforcement 1 powers of the department of natural resources in relation to 2 the construction of semipublic sewage disposal systems and 3 authorizing penalties. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1066SV (2) 84 tm/sc

S.F. 407 Section 1. Section 331.382, Code 2011, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 10. The board shall issue permits, conduct 3 inspections, and adopt standards related to the construction 4 of semipublic sewage disposal systems, as defined in section 5 455B.171, in relation to authority delegated by the department 6 of natural resources pursuant to sections 455B.174 and 7 455B.183. Construction standards adopted pursuant to this 8 subsection shall be consistent with and equivalent to the 9 construction standards adopted by the environmental protection 10 commission pursuant to section 455B.173, subsection 3. The 11 county may adopt such standards by reference. 12 Sec. 2. Section 455B.174, subsection 4, Code 2011, is 13 amended by adding the following new paragraph: 14 NEW PARAGRAPH . f. The department may enter into an 15 agreement with a county to delegate to the county the duties 16 of the department under this subsection as they relate to the 17 construction of semipublic sewage disposal systems. 18 Sec. 3. Section 455B.175, Code 2011, is amended to read as 19 follows: 20 455B.175 Violations. 21 1. If there is substantial evidence that any person has 22 violated or is violating any provision of this part of this 23 division , chapter 459, subchapter III , chapter 459A , or chapter 24 459B , or of any rule or standard established or permit issued 25 pursuant thereto; then: 26 1. a. The director may issue an order directing the person 27 to desist in the practice which constitutes the violation or 28 to take such corrective action as may be necessary to ensure 29 that the violation will cease. The person to whom such order 30 is issued may cause to be commenced a contested case within 31 the meaning of the Iowa administrative procedure Act, chapter 32 17A , by filing with the director within thirty days a notice of 33 appeal to the commission. On appeal the commission may affirm, 34 modify or vacate the order of the director; or 35 -1- LSB 1066SV (2) 84 tm/sc 1/ 3

S.F. 407 2. b. If it is determined by the director that an emergency 1 exists respecting any matter affecting or likely to affect the 2 public health, the director may issue any order necessary to 3 terminate the emergency without notice and without hearing. 4 Any such order shall be binding and effective immediately and 5 until such order is modified or vacated at a hearing before the 6 commission or by a court; or 7 3. c. The director, with the approval of the commission, 8 may request the attorney general to institute legal proceedings 9 pursuant to section 455B.191 or 459.604 . 10 2. Notwithstanding the limitations on civil and criminal 11 penalty amounts in sections 331.302 and 331.307, a county that 12 has entered into an agreement with the department pursuant to 13 sections 455B.174 and 455B.183 regarding the construction of 14 semipublic sewage disposal systems may assess civil penalties 15 in amounts consistent with and not exceeding the amounts 16 established for such penalties under this division. 17 Sec. 4. Section 455B.183, Code 2011, is amended by adding 18 the following new subsection: 19 NEW SUBSECTION . 8. The department may enter into an 20 agreement with a county to delegate to the county the duties 21 of the department under this section as they relate to the 22 construction of semipublic sewage disposal systems. 23 EXPLANATION 24 This bill relates to the delegation of permitting and 25 enforcement powers of the department of natural resources in 26 relation to certain sewage disposal systems. 27 The bill allows the delegation of duties from the department 28 to counties as those duties relate to the regulation and 29 enforcement of the construction of semipublic sewage disposal 30 systems. The bill requires counties to issue permits, conduct 31 inspections, and adopt standards in relation to the delegation 32 of authority. The bill requires construction standards to 33 be consistent with and equivalent to construction standards 34 adopted by the environmental protection commission and allows 35 -2- LSB 1066SV (2) 84 tm/sc 2/ 3

S.F. 407 the standards to be adopted by reference. 1 The bill allows counties to assess civil penalties for the 2 regulation of the construction of semipublic sewage disposal 3 systems in amounts consistent with but not exceeding the 4 amounts established for such penalties in Code chapter 455B. 5 -3- LSB 1066SV (2) 84 tm/sc 3/ 3