Senate Study Bill 1119 - IntroducedA Bill ForAn Act 1relating to administrative procedures within the
2department of natural resources.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2ADMINISTRATIVE APPEALS TIMELINE
3   Section 1.  NEW SECTION.  455B.110  Administrative appeal
4orders — deadline.
   51.  An order issued by the director or the department
6pursuant to authority granted in this chapter may be appealed,
7resulting in the scheduling of a contested case hearing as
8provided for in chapter 17A. The appeal must be received
9by the director within the applicable timeframe established
10in this section. If the appeal is not received within the
11applicable timeframe, the appeal is not timely and the order
12is final agency action.
   132.  For an entity that holds a permit issued by the
14department, an appeal must be received by the director within
15sixty days of the issuance of the order to the address of
16the entity identified in the permit and the address of the
17responsible party listed in the permit, if any.
   183.  For an entity that is required to maintain a registered
19agent or a registered office in the state and does not hold a
20permit issued by the department, an appeal must be received by
21the director within sixty days of the issuance of the order
22to the official registered agent address on file with the
23secretary of state.
   244.  For any other entity or party, an appeal must be received
25by the director within sixty days of issuance to the last known
26address.
   275.  For the purposes of this section, the date of issuance of
28an order by the director or the department is the postmarked
29date that the order is sent by the department to the registered
30agent or party by certified mail. For the purposes of this
31section, the date of receipt by the director is the postmarked
32date that the appeal was sent to the director.
33   Sec. 2.  Section 455B.138, subsection 1, Code 2019, is
34amended to read as follows:
   351.  When the director has evidence that a violation of
-1-1any provision of division II of this chapter or chapter 459,
2subchapter II, or rule, standard or permit established or
3issued under division II or chapter 459, subchapter II, has
4occurred, the director shall notify the alleged violator and,
5by informal negotiation, attempt to resolve the problem.
6If the negotiations fail to resolve the problem within a
7reasonable period of time, the director shall issue an order
8directing the violator to prevent, abate or control the
9emissions or air pollution involved. The order shall prescribe
10the date by which the violation shall cease and may prescribe
11timetables for necessary action to prevent, abate or control
12the emissions of air pollution. The order may be appealed to
13the commission. The applicable timeframes for the issuance and
14appeal of the order are defined in section 455B.110.

15   Sec. 3.  Section 455B.175, subsection 1, paragraph a, Code
162019, is amended to read as follows:
   17a.  The director may issue an order directing the person
18to desist in the practice which constitutes the violation or
19to take such corrective action as may be necessary to ensure
20that the violation will cease. The person to whom such order
21is issued may cause to be commenced a contested case within
22the meaning of the Iowa administrative procedure Act, chapter
2317A, by filing with the director within thirty days a notice
24of appeal to the commission. The applicable timeframes for
25the issuance and appeal of the order are defined in section
26455B.110.
On appeal the commission may affirm, modify or
27vacate the order of the director; or
28   Sec. 4.  Section 455B.279, subsection 1, Code 2019, is
29amended to read as follows:
   301.  The director may issue any order necessary to secure
31compliance with or prevent a violation of this part or the
32rules adopted pursuant to this part. Within thirty days of
33issuance, the
 The order may be appealed to the commission by
34filing a notice of appeal with the director. The appeal shall
35be conducted as a contested case pursuant to chapter 17A and
-2-1the commission may affirm, modify, or revoke the order. The
2department may request legal services as required from the
3attorney general, including any legal proceeding necessary to
4obtain compliance with this part and rules and orders issued
5under this part. The applicable timeframes for the issuance
6and appeal of an order are defined in section 455B.110.

7   Sec. 5.  Section 455B.308, Code 2019, is amended to read as
8follows:
   9455B.308  Appeal from order.
   10Any person aggrieved by an order of the director may appeal
11the order by filing a written notice of appeal with the
12director within thirty days of the issuance of the order in
13accordance with section 455B.110
. The director shall schedule
14a hearing for the purpose of hearing the arguments of the
15aggrieved person within thirty days of the filing of the notice
16of appeal. The hearing may be held before the commission
17or its designee. A complete record shall be made of the
18proceedings. The director shall issue the findings in writing
19to the aggrieved person within thirty days of the conclusion
20of the hearing. Judicial review may be sought of actions
21of the commission in accordance with the terms of the Iowa
22administrative procedure Act, chapter 17A. Notwithstanding the
23terms of the Act, petitions for judicial review may be filed
24in the district court of the county where the acts in issue
25occurred.
26   Sec. 6.  Section 455B.476, subsection 1, Code 2019, is
27amended to read as follows:
   281.  If there is substantial evidence that a person has
29violated or is violating a provision of this part or a
30rule adopted under this part the director may issue an
31order directing the person to desist in the practice which
32constitutes the violation, and to take corrective action as
33necessary to ensure that the violation will cease, and may
34impose appropriate administrative penalties pursuant to section
35455B.109. The person to whom the order is issued may appeal
-3-1the order to the commission as provided in chapter 17A. On
2appeal, the commission may affirm, modify or vacate the order
3of the director. The applicable timeframes for the issuance
4and appeal of the order are defined in section 455B.110.

5   Sec. 7.  Section 455D.23, Code 2019, is amended to read as
6follows:
   7455D.23  Administrative enforcement — compliance orders.
   8The director may issue any order necessary to secure
9compliance with or prevent a violation of the provisions of
10this chapter or any rule adopted or permit or order issued
11pursuant to this chapter. Any order issued to enforce section
12455D.4A may include a requirement to remove and properly
13dispose of materials being accumulated speculatively from a
14property and impose costs and penalties as determined by the
15department by rule. The person to whom such compliance order
16is issued may cause to be commenced a contested case within the
17meaning of chapter 17A by filing within thirty days a notice
18of appeal to the commission. On appeal, the commission may
19affirm, modify, or vacate the order of the director. The
20applicable timeframes for the issuance and appeal of the order
21are defined in section 455B.110.

22   Sec. 8.  Section 458A.11, subsection 2, Code 2019, is amended
23to read as follows:
   242.  An order or amendment of an order, except in an
25emergency, shall not be made by the department without a
26public hearing upon at least ten days’ notice. The public
27hearing shall be held at the time and place prescribed by the
28department, and any interested person is entitled to be heard.
 29The applicable timeframes for the issuance and appeal of the
30order are defined in section 455B.110.

31DIVISION II
32ADMINISTRATIVE CHANGES FOR WASTE DISPOSAL SYSTEMS AND PUBLIC
33WATER SUPPLY SYSTEMS
34   Sec. 9.  Section 455B.183, subsection 1, paragraph c, Code
352019, is amended to read as follows:
-4-   1c.  The operation of any waste disposal system or public
2water supply system or any part of or extension or addition
3to the system. This provision paragraph does not apply to a
4pretreatment system, the effluent of which is to be discharged
5directly to another disposal system for final treatment and
6disposal; a semipublic sewage disposal system, the construction
7of which has been approved by the department and which that
8 does not discharge into a water of the state; or a private
9sewage disposal system which that does not discharge into
10a water of the state. The commission may adopt additional
11exemptions for a class of disposal systems that do not
12discharge into a water of the state or the director may waive
13the permit requirement for an individual system that does
14not discharge into a water of the state. The commission or
15director shall consider the volume, location, frequency, and
16nature of disposal from a system or class of systems before
17granting a waiver or exemption.
Sludge from a semipublic
18or private sewage disposal system shall be disposed of in
19accordance with the rules adopted by the department pursuant to
20chapter 17A. The exemption of this paragraph shall not apply
21to any industrial waste discharges.

22   Sec. 10.  Section 455B.265, subsection 5, Code 2019, is
23amended to read as follows:
   245.  Prior to the issuance of a new permit or modification
25of a permit under this section to a community public water
26supply, the department shall publish a notice of recommendation
27to grant a permit. The notice shall include a brief summary
28of the proposed permit and shall be published in a newspaper
29of general circulation within the county of the proposed
30water source as provided in section 618.3. If the newspaper
31of general circulation is not the newspaper of the nearest
32locality to the proposed water source that publishes a
33newspaper, the notice shall also be published in the newspaper
34of the nearest locality to the proposed water source that
35publishes a newspaper and the department may charge the
-5-1applicant for the expenses associated with publishing the
2notice in the second newspaper
.
3   Sec. 11.  Section 455B.265, subsection 6, paragraphs a and c,
4Code 2019, are amended to read as follows:
   5a.  The amount of a fee shall be based on the department’s
6reasonable cost of reviewing applications, issuing permits,
7ensuring compliance with the terms of the permits, and
8resolving water interference complaints. The commission shall
9calculate the fees to produce total revenues of not more than
10five hundred thousand dollars for each fiscal year, commencing
11with the fiscal year beginning July 1, 2009, and ending June
1230, 2010
.
   13c.  The commission shall annually review the amount of moneys
14generated by the fees, the balance in the water use permit
15fund, and the anticipated expenses for the succeeding fiscal
16year years.
17EXPLANATION
18The inclusion of this explanation does not constitute agreement with
19the explanation’s substance by the members of the general assembly.
   20This bill affects administrative procedures within the
21department of natural resources.
   22Division I of the bill creates a 60-day period during which
23an entity may appeal an order issued by the director or the
24department pursuant to the department’s authority in Code
25chapter 455B. The start of the 60-day period is contingent
26on what type of entity seeks an appeal. Division I makes
27conforming changes throughout Code chapter 455B. The issuance
28and appeal of an order pursuant to Code chapters 455D (waste
29volume reduction and recycling) and 458A (oil, gas, and other
30minerals) also conform to the new 60-day period.
   31Division II of the bill allows the environmental protection
32commission to exempt from permit requirements a class of waste
33disposal systems that do not discharge into water of the state
34and are not currently exempt. Division II also allows the
35director to waive the permit requirement of an individual
-6-1system that does not discharge into a water of the state. To
2issue such an exemption or waiver, the commission or director
3must first consider the volume, location, frequency, and nature
4of the system or class of systems. Finally, Division II
5eliminates the requirement that notice of a recommendation to
6grant a permit to a community public water supply be published
7in a newspaper of general circulation within the county and
8removes out-of-date language.
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