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 powers of the department of natural resources in relation to the construction of semipublic sewage disposal systems and authorizing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  Section 331.382, Code 2011, is amended by adding the following new subsection:
   NEW SUBSECTION.  10.  The board shall issue permits, conduct inspections, and adopt standards related to the construction of semipublic sewage disposal systems, as defined in section 455B.171, in relation to authority delegated by the department of natural resources pursuant to sections 455B.174 and 455B.183. Construction standards adopted pursuant to this subsection shall be consistent with and equivalent to the construction standards adopted by the environmental protection commission pursuant to section 455B.173, subsection 3. The county may adopt such standards by reference.
   Sec. 2.  Section 455B.174, subsection 4, Code 2011, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  f.  The department may enter into an agreement with a county to delegate to the county the duties of the department under this subsection as they relate to the construction of semipublic sewage disposal systems.
   Sec. 3.  Section 455B.175, Code 2011, is amended to read as follows:
   455B.175  Violations.
   1.  If there is substantial evidence that any person has violated or is violating any provision of this part of this division, chapter 459, subchapter III, chapter 459A, or chapter 459B, or of any rule or standard established or permit issued pursuant thereto; then:
   1.
  a.  The director may issue an order directing the person to desist in the practice which constitutes the violation or to take such corrective action as may be necessary to ensure that the violation will cease. The person to whom such order is issued may cause to be commenced a contested case within the meaning of the Iowa administrative procedure Act, chapter 17A, by filing with the director within thirty days a notice of appeal to the commission. On appeal the commission may affirm, modify or vacate the order of the director; or
   2.
  b.  If it is determined by the director that an emergency exists respecting any matter affecting or likely to affect the public health, the director may issue any order necessary to terminate the emergency without notice and without hearing. Any such order shall be binding and effective immediately and until such order is modified or vacated at a hearing before the commission or by a court; or
   3.
  c.  The director, with the approval of the commission, may request the attorney general to institute legal proceedings pursuant to section 455B.191 or 459.604.
   2.  Notwithstanding the limitations on civil and criminal penalty amounts in sections 331.302 and 331.307, a county that has entered into an agreement with the department pursuant to sections 455B.174 and 455B.183 regarding the construction of semipublic sewage disposal systems may assess civil penalties in amounts consistent with and not exceeding the amounts established for such penalties under this division.
   Sec. 4.  Section 455B.183, Code 2011, is amended by adding the following new subsection:
   NEW SUBSECTION.  8.  The department may enter into an agreement with a county to delegate to the county the duties of the department under this section as they relate to the construction of semipublic sewage disposal systems.
EXPLANATION
   This bill relates to the delegation of permitting and enforcement powers of the department of natural resources in relation to certain sewage disposal systems.
   The bill allows the delegation of duties from the department to counties as those duties relate to the regulation and enforcement of the construction of semipublic sewage disposal systems. The bill requires counties to issue permits, conduct inspections, and adopt standards in relation to the delegation of authority. The bill requires construction standards to be consistent with and equivalent to construction standards adopted by the environmental protection commission and allows the standards to be adopted by reference.
   The bill allows counties to assess civil penalties for the regulation of the construction of semipublic sewage disposal systems in amounts consistent with but not exceeding the amounts established for such penalties in Code chapter 455B.