S.F. _____ DIVISION I 1 ADMINISTRATIVE APPEALS TIMELINE 2 Section 1. NEW SECTION . 455B.110 Administrative appeal 3 orders —— deadline. 4 1. An order issued by the director or the department 5 pursuant to authority granted in this chapter may be appealed, 6 resulting in the scheduling of a contested case hearing as 7 provided for in chapter 17A. The appeal must be received 8 by the director within the applicable timeframe established 9 in this section. If the appeal is not received within the 10 applicable timeframe, the appeal is not timely and the order 11 is final agency action. 12 2. For an entity that holds a permit issued by the 13 department, an appeal must be received by the director within 14 sixty days of the issuance of the order to the address of 15 the entity identified in the permit and the address of the 16 responsible party listed in the permit, if any. 17 3. For an entity that is required to maintain a registered 18 agent or a registered office in the state and does not hold a 19 permit issued by the department, an appeal must be received by 20 the director within sixty days of the issuance of the order 21 to the official registered agent address on file with the 22 secretary of state. 23 4. For any other entity or party, an appeal must be received 24 by the director within sixty days of issuance to the last known 25 address. 26 5. For the purposes of this section, the date of issuance of 27 an order by the director or the department is the postmarked 28 date that the order is sent by the department to the registered 29 agent or party by certified mail. For the purposes of this 30 section, the date of receipt by the director is the postmarked 31 date that the appeal was sent to the director. 32 Sec. 2. Section 455B.138, subsection 1, Code 2019, is 33 amended to read as follows: 34 1. When the director has evidence that a violation of 35 -1- LSB 2265XC (3) 88 js/tm 1/ 7

S.F. _____ any provision of division II of this chapter or chapter 459, 1 subchapter II , or rule, standard or permit established or 2 issued under division II or chapter 459, subchapter II , has 3 occurred, the director shall notify the alleged violator and, 4 by informal negotiation, attempt to resolve the problem. 5 If the negotiations fail to resolve the problem within a 6 reasonable period of time, the director shall issue an order 7 directing the violator to prevent, abate or control the 8 emissions or air pollution involved. The order shall prescribe 9 the date by which the violation shall cease and may prescribe 10 timetables for necessary action to prevent, abate or control 11 the emissions of air pollution. The order may be appealed to 12 the commission. The applicable timeframes for the issuance and 13 appeal of the order are defined in section 455B.110. 14 Sec. 3. Section 455B.175, subsection 1, paragraph a, Code 15 2019, is amended to read as follows: 16 a. The director may issue an order directing the person 17 to desist in the practice which constitutes the violation or 18 to take such corrective action as may be necessary to ensure 19 that the violation will cease. The person to whom such order 20 is issued may cause to be commenced a contested case within 21 the meaning of the Iowa administrative procedure Act, chapter 22 17A , by filing with the director within thirty days a notice 23 of appeal to the commission. The applicable timeframes for 24 the issuance and appeal of the order are defined in section 25 455B.110. On appeal the commission may affirm, modify or 26 vacate the order of the director; or 27 Sec. 4. Section 455B.279, subsection 1, Code 2019, is 28 amended to read as follows: 29 1. The director may issue any order necessary to secure 30 compliance with or prevent a violation of this part or the 31 rules adopted pursuant to this part. Within thirty days of 32 issuance, the The order may be appealed to the commission by 33 filing a notice of appeal with the director. The appeal shall 34 be conducted as a contested case pursuant to chapter 17A and 35 -2- LSB 2265XC (3) 88 js/tm 2/ 7

S.F. _____ the commission may affirm, modify, or revoke the order. The 1 department may request legal services as required from the 2 attorney general, including any legal proceeding necessary to 3 obtain compliance with this part and rules and orders issued 4 under this part. The applicable timeframes for the issuance 5 and appeal of an order are defined in section 455B.110. 6 Sec. 5. Section 455B.308, Code 2019, is amended to read as 7 follows: 8 455B.308 Appeal from order. 9 Any person aggrieved by an order of the director may appeal 10 the order by filing a written notice of appeal with the 11 director within thirty days of the issuance of the order in 12 accordance with section 455B.110 . The director shall schedule 13 a hearing for the purpose of hearing the arguments of the 14 aggrieved person within thirty days of the filing of the notice 15 of appeal. The hearing may be held before the commission 16 or its designee. A complete record shall be made of the 17 proceedings. The director shall issue the findings in writing 18 to the aggrieved person within thirty days of the conclusion 19 of the hearing. Judicial review may be sought of actions 20 of the commission in accordance with the terms of the Iowa 21 administrative procedure Act, chapter 17A . Notwithstanding the 22 terms of the Act, petitions for judicial review may be filed 23 in the district court of the county where the acts in issue 24 occurred. 25 Sec. 6. Section 455B.476, subsection 1, Code 2019, is 26 amended to read as follows: 27 1. If there is substantial evidence that a person has 28 violated or is violating a provision of this part or a 29 rule adopted under this part the director may issue an 30 order directing the person to desist in the practice which 31 constitutes the violation, and to take corrective action as 32 necessary to ensure that the violation will cease, and may 33 impose appropriate administrative penalties pursuant to section 34 455B.109 . The person to whom the order is issued may appeal 35 -3- LSB 2265XC (3) 88 js/tm 3/ 7

S.F. _____ the order to the commission as provided in chapter 17A . On 1 appeal, the commission may affirm, modify or vacate the order 2 of the director. The applicable timeframes for the issuance 3 and appeal of the order are defined in section 455B.110. 4 Sec. 7. Section 455D.23, Code 2019, is amended to read as 5 follows: 6 455D.23 Administrative enforcement —— compliance orders. 7 The director may issue any order necessary to secure 8 compliance with or prevent a violation of the provisions of 9 this chapter or any rule adopted or permit or order issued 10 pursuant to this chapter . Any order issued to enforce section 11 455D.4A may include a requirement to remove and properly 12 dispose of materials being accumulated speculatively from a 13 property and impose costs and penalties as determined by the 14 department by rule. The person to whom such compliance order 15 is issued may cause to be commenced a contested case within the 16 meaning of chapter 17A by filing within thirty days a notice 17 of appeal to the commission. On appeal, the commission may 18 affirm, modify, or vacate the order of the director. The 19 applicable timeframes for the issuance and appeal of the order 20 are defined in section 455B.110. 21 Sec. 8. Section 458A.11, subsection 2, Code 2019, is amended 22 to read as follows: 23 2. An order or amendment of an order, except in an 24 emergency, shall not be made by the department without a 25 public hearing upon at least ten days’ notice. The public 26 hearing shall be held at the time and place prescribed by the 27 department, and any interested person is entitled to be heard. 28 The applicable timeframes for the issuance and appeal of the 29 order are defined in section 455B.110. 30 DIVISION II 31 ADMINISTRATIVE CHANGES FOR WASTE DISPOSAL SYSTEMS AND PUBLIC 32 WATER SUPPLY SYSTEMS 33 Sec. 9. Section 455B.183, subsection 1, paragraph c, Code 34 2019, is amended to read as follows: 35 -4- LSB 2265XC (3) 88 js/tm 4/ 7

S.F. _____ c. The operation of any waste disposal system or public 1 water supply system or any part of or extension or addition 2 to the system. This provision paragraph does not apply to a 3 pretreatment system, the effluent of which is to be discharged 4 directly to another disposal system for final treatment and 5 disposal; a semipublic sewage disposal system, the construction 6 of which has been approved by the department and which that 7 does not discharge into a water of the state; or a private 8 sewage disposal system which that does not discharge into 9 a water of the state. The commission may adopt additional 10 exemptions for a class of disposal systems that do not 11 discharge into a water of the state or the director may waive 12 the permit requirement for an individual system that does 13 not discharge into a water of the state. The commission or 14 director shall consider the volume, location, frequency, and 15 nature of disposal from a system or class of systems before 16 granting a waiver or exemption. Sludge from a semipublic 17 or private sewage disposal system shall be disposed of in 18 accordance with the rules adopted by the department pursuant to 19 chapter 17A . The exemption of this paragraph shall not apply 20 to any industrial waste discharges. 21 Sec. 10. Section 455B.265, subsection 5, Code 2019, is 22 amended to read as follows: 23 5. Prior to the issuance of a new permit or modification 24 of a permit under this section to a community public water 25 supply, the department shall publish a notice of recommendation 26 to grant a permit. The notice shall include a brief summary 27 of the proposed permit and shall be published in a newspaper 28 of general circulation within the county of the proposed 29 water source as provided in section 618.3 . If the newspaper 30 of general circulation is not the newspaper of the nearest 31 locality to the proposed water source that publishes a 32 newspaper, the notice shall also be published in the newspaper 33 of the nearest locality to the proposed water source that 34 publishes a newspaper and the department may charge the 35 -5- LSB 2265XC (3) 88 js/tm 5/ 7

S.F. _____ applicant for the expenses associated with publishing the 1 notice in the second newspaper . 2 Sec. 11. Section 455B.265, subsection 6, paragraphs a and c, 3 Code 2019, are amended to read as follows: 4 a. The amount of a fee shall be based on the department’s 5 reasonable cost of reviewing applications, issuing permits, 6 ensuring compliance with the terms of the permits, and 7 resolving water interference complaints. The commission shall 8 calculate the fees to produce total revenues of not more than 9 five hundred thousand dollars for each fiscal year , commencing 10 with the fiscal year beginning July 1, 2009, and ending June 11 30, 2010 . 12 c. The commission shall annually review the amount of moneys 13 generated by the fees, the balance in the water use permit 14 fund, and the anticipated expenses for the succeeding fiscal 15 year years . 16 EXPLANATION 17 The inclusion of this explanation does not constitute agreement with 18 the explanation’s substance by the members of the general assembly. 19 This bill affects administrative procedures within the 20 department of natural resources. 21 Division I of the bill creates a 60-day period during which 22 an entity may appeal an order issued by the director or the 23 department pursuant to the department’s authority in Code 24 chapter 455B. The start of the 60-day period is contingent 25 on what type of entity seeks an appeal. Division I makes 26 conforming changes throughout Code chapter 455B. The issuance 27 and appeal of an order pursuant to Code chapters 455D (waste 28 volume reduction and recycling) and 458A (oil, gas, and other 29 minerals) also conform to the new 60-day period. 30 Division II of the bill allows the environmental protection 31 commission to exempt from permit requirements a class of waste 32 disposal systems that do not discharge into water of the state 33 and are not currently exempt. Division II also allows the 34 director to waive the permit requirement of an individual 35 -6- LSB 2265XC (3) 88 js/tm 6/ 7

S.F. _____ system that does not discharge into a water of the state. To 1 issue such an exemption or waiver, the commission or director 2 must first consider the volume, location, frequency, and nature 3 of the system or class of systems. Finally, Division II 4 eliminates the requirement that notice of a recommendation to 5 grant a permit to a community public water supply be published 6 in a newspaper of general circulation within the county and 7 removes out-of-date language. 8 -7- LSB 2265XC (3) 88 js/tm 7/ 7