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Senate File 409 - EnrolledAn Actrelating to administrative procedures within the
department of natural resources.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
DIVISION I
ADMINISTRATIVE APPEALS TIMELINE
Section 1. NEW SECTION. 455B.110 Administrative appeal
orders — deadline.
1. An order issued by the director or the department
pursuant to authority granted in this chapter may be appealed,
resulting in the scheduling of a contested case hearing as
provided for in chapter 17A. The appeal must be received
by the director within the applicable timeframe established
in this section. If the appeal is not received within the
applicable timeframe, the appeal is not timely and the order
is final agency action.
2. For a person that holds a permit issued by the
department, an appeal must be received by the director within
sixty days of the issuance of the order to the address of
the person identified in the permit and the address of the
responsible party listed in the permit, if any.
3. For a person that is required to maintain a registered
agent or a registered office in the state and does not hold a
permit issued by the department, an appeal must be received by
the director within sixty days of the issuance of the order
to the official registered agent address on file with the
secretary of state.
4. For any other person, an appeal must be received by
the director within sixty days of issuance to the last known
address.
5. The director or the department shall provide a copy of
the order by ordinary mail or electronic mail to the person’s
attorney if the attorney has been identified to the department
as representing the person.
6. a. For the purposes of this section, the date of
issuance of an order by the director or the department is the
postmarked date that the order is sent by the department to the
registered agent or party by certified mail. For the purposes
of this section, the date of receipt by the director is the
-1-postmarked date that the appeal was sent to the director.
Sec. 2. Section 455B.138, subsection 1, Code 2019, is
amended to read as follows:
1. When the director has evidence that a violation of
any provision of division II of this chapter or chapter 459,
subchapter II, or rule, standard or permit established or
issued under division II or chapter 459, subchapter II, has
occurred, the director shall notify the alleged violator and,
by informal negotiation, attempt to resolve the problem.
If the negotiations fail to resolve the problem within a
reasonable period of time, the director shall issue an order
directing the violator to prevent, abate or control the
emissions or air pollution involved. The order shall prescribe
the date by which the violation shall cease and may prescribe
timetables for necessary action to prevent, abate or control
the emissions of air pollution. The order may be appealed to
the commission. The applicable timeframes for the issuance and
appeal of the order are defined in section 455B.110.
Sec. 3. Section 455B.175, subsection 1, paragraph a, Code
2019, is amended to read as follows:
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. The applicable timeframes for
the issuance and appeal of the order are defined in section
455B.110. On appeal the commission may affirm, modify or
vacate the order of the director; or
Sec. 4. Section 455B.183, Code 2019, is amended by adding
the following new subsection:
NEW SUBSECTION. 9. A rural water association organized
under chapter 357A or chapter 504 that employs or retains
-2-a licensed engineer shall be considered to have met the
permitting requirements of this section for the purposes
of sewer extensions and water supply distribution system
extensions. The department shall not disqualify a rural
water system if the system’s hydraulic modeling complies with
standards for water supply distribution systems adopted by the
commission pursuant to this chapter.
Sec. 5. Section 455B.279, subsection 1, Code 2019, is
amended to read as follows:
1. The director may issue any order necessary to secure
compliance with or prevent a violation of this part or the
rules adopted pursuant to this part. Within thirty days of
issuance, the The order may be appealed to the commission by
filing a notice of appeal with the director. The appeal shall
be conducted as a contested case pursuant to chapter 17A and
the commission may affirm, modify, or revoke the order. The
department may request legal services as required from the
attorney general, including any legal proceeding necessary to
obtain compliance with this part and rules and orders issued
under this part. The applicable timeframes for the issuance
and appeal of an order are defined in section 455B.110.
Sec. 6. Section 455B.308, Code 2019, is amended to read as
follows:
455B.308 Appeal from order.
Any person aggrieved by an order of the director may appeal
the order by filing a written notice of appeal with the
director within thirty days of the issuance of the order in
accordance with section 455B.110. The director shall schedule
a hearing for the purpose of hearing the arguments of the
aggrieved person within thirty days of the filing of the notice
of appeal. The hearing may be held before the commission
or its designee. A complete record shall be made of the
proceedings. The director shall issue the findings in writing
to the aggrieved person within thirty days of the conclusion
of the hearing. Judicial review may be sought of actions
-3-of the commission in accordance with the terms of the Iowa
administrative procedure Act, chapter 17A. Notwithstanding the
terms of the Act, petitions for judicial review may be filed
in the district court of the county where the acts in issue
occurred.
Sec. 7. Section 455B.476, subsection 1, Code 2019, is
amended to read as follows:
1. If there is substantial evidence that a person has
violated or is violating a provision of this part or a
rule adopted under this part the director may issue an
order directing the person to desist in the practice which
constitutes the violation, and to take corrective action as
necessary to ensure that the violation will cease, and may
impose appropriate administrative penalties pursuant to section
455B.109. The person to whom the order is issued may appeal
the order to the commission as provided in chapter 17A. On
appeal, the commission may affirm, modify or vacate the order
of the director. The applicable timeframes for the issuance
and appeal of the order are defined in section 455B.110.
Sec. 8. Section 455D.23, Code 2019, is amended to read as
follows:
455D.23 Administrative enforcement — compliance orders.
The director may issue any order necessary to secure
compliance with or prevent a violation of the provisions of
this chapter or any rule adopted or permit or order issued
pursuant to this chapter. Any order issued to enforce section
455D.4A may include a requirement to remove and properly
dispose of materials being accumulated speculatively from a
property and impose costs and penalties as determined by the
department by rule. The person to whom such compliance order
is issued may cause to be commenced a contested case within the
meaning of chapter 17A by filing within thirty days a notice
of appeal to the commission. On appeal, the commission may
affirm, modify, or vacate the order of the director. The
applicable timeframes for the issuance and appeal of the order
-4-are defined in section 455B.110.
Sec. 9. Section 458A.11, subsection 2, Code 2019, is amended
to read as follows:
2. An order or amendment of an order, except in an
emergency, shall not be made by the department without a
public hearing upon at least ten days’ notice. The public
hearing shall be held at the time and place prescribed by the
department, and any interested person is entitled to be heard.
The applicable timeframes for the issuance and appeal of the
order are defined in section 455B.110.
DIVISION II
ADMINISTRATIVE CHANGES FOR WASTE DISPOSAL SYSTEMS AND PUBLIC
WATER SUPPLY SYSTEMS
Sec. 10. Section 455B.183, subsection 1, paragraph c, Code
2019, is amended to read as follows:
c. The operation of any waste disposal system or public
water supply system or any part of or extension or addition
to the system. This provision paragraph does not apply to a
pretreatment system, the effluent of which is to be discharged
directly to another disposal system for final treatment and
disposal; a semipublic sewage disposal system, the construction
of which has been approved by the department and which that
does not discharge into a water of the state; or a private
sewage disposal system which that does not discharge into
a water of the state. The commission may adopt additional
exemptions for a class of disposal systems that do not
discharge into a water of the state or the director may waive
the permit requirement for an individual system that does
not discharge into a water of the state. The commission or
director shall consider the volume, location, frequency, and
nature of disposal from a system or class of systems before
granting a waiver or exemption. Sludge from a semipublic
or private sewage disposal system shall be disposed of in
accordance with the rules adopted by the department pursuant to
chapter 17A. The exemption of this paragraph shall not apply
-5-to any industrial waste discharges.
Sec. 11. Section 455B.265, subsection 5, Code 2019, is
amended to read as follows:
5. Prior to the issuance of a new permit or modification
of a permit under this section to a community public water
supply, the department shall publish a notice of recommendation
to grant a permit. The notice shall include a brief summary
of the proposed permit and shall be published in a newspaper
of general circulation within the county of the proposed
water source as provided in section 618.3. If the newspaper
of general circulation is not the newspaper of the nearest
locality to the proposed water source that publishes a
newspaper, the notice shall also be published in the newspaper
of the nearest locality to the proposed water source that
publishes a newspaper and the department may charge the
applicant for the expenses associated with publishing the
notice in the second newspaper.
Sec. 12. Section 455B.265, subsection 6, paragraphs a and c,
Code 2019, are amended to read as follows:
a. The amount of a fee shall be based on the department’s
reasonable cost of reviewing applications, issuing permits,
ensuring compliance with the terms of the permits, and
resolving water interference complaints. The commission shall
calculate the fees to produce total revenues of not more than
five hundred thousand dollars for each fiscal year, commencing
with the fiscal year beginning July 1, 2009, and ending June
30, 2010.
c. The commission shall annually review the amount of moneys
generated by the fees, the balance in the water use permit
fund, and the anticipated expenses for the succeeding fiscal
year years.
-6-______________________________
CHARLES SCHNEIDERPresident of the Senate______________________________
LINDA UPMEYERSpeaker of the House I hereby certify that this bill originated in the Senate and is known as Senate File 409, Eighty-eighth General Assembly.______________________________
W. CHARLES SMITHSONSecretary of the SenateApproved _______________, 2019______________________________
KIM REYNOLDSGovernorjs/tm/mb
department of natural resources.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
DIVISION I
ADMINISTRATIVE APPEALS TIMELINE
Section 1. NEW SECTION. 455B.110 Administrative appeal
orders — deadline.
1. An order issued by the director or the department
pursuant to authority granted in this chapter may be appealed,
resulting in the scheduling of a contested case hearing as
provided for in chapter 17A. The appeal must be received
by the director within the applicable timeframe established
in this section. If the appeal is not received within the
applicable timeframe, the appeal is not timely and the order
is final agency action.
2. For a person that holds a permit issued by the
department, an appeal must be received by the director within
sixty days of the issuance of the order to the address of
the person identified in the permit and the address of the
responsible party listed in the permit, if any.
3. For a person that is required to maintain a registered
agent or a registered office in the state and does not hold a
permit issued by the department, an appeal must be received by
the director within sixty days of the issuance of the order
to the official registered agent address on file with the
secretary of state.
4. For any other person, an appeal must be received by
the director within sixty days of issuance to the last known
address.
5. The director or the department shall provide a copy of
the order by ordinary mail or electronic mail to the person’s
attorney if the attorney has been identified to the department
as representing the person.
6. a. For the purposes of this section, the date of
issuance of an order by the director or the department is the
postmarked date that the order is sent by the department to the
registered agent or party by certified mail. For the purposes
of this section, the date of receipt by the director is the
-1-postmarked date that the appeal was sent to the director.
Sec. 2. Section 455B.138, subsection 1, Code 2019, is
amended to read as follows:
1. When the director has evidence that a violation of
any provision of division II of this chapter or chapter 459,
subchapter II, or rule, standard or permit established or
issued under division II or chapter 459, subchapter II, has
occurred, the director shall notify the alleged violator and,
by informal negotiation, attempt to resolve the problem.
If the negotiations fail to resolve the problem within a
reasonable period of time, the director shall issue an order
directing the violator to prevent, abate or control the
emissions or air pollution involved. The order shall prescribe
the date by which the violation shall cease and may prescribe
timetables for necessary action to prevent, abate or control
the emissions of air pollution. The order may be appealed to
the commission. The applicable timeframes for the issuance and
appeal of the order are defined in section 455B.110.
Sec. 3. Section 455B.175, subsection 1, paragraph a, Code
2019, is amended to read as follows:
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. The applicable timeframes for
the issuance and appeal of the order are defined in section
455B.110. On appeal the commission may affirm, modify or
vacate the order of the director; or
Sec. 4. Section 455B.183, Code 2019, is amended by adding
the following new subsection:
NEW SUBSECTION. 9. A rural water association organized
under chapter 357A or chapter 504 that employs or retains
-2-a licensed engineer shall be considered to have met the
permitting requirements of this section for the purposes
of sewer extensions and water supply distribution system
extensions. The department shall not disqualify a rural
water system if the system’s hydraulic modeling complies with
standards for water supply distribution systems adopted by the
commission pursuant to this chapter.
Sec. 5. Section 455B.279, subsection 1, Code 2019, is
amended to read as follows:
1. The director may issue any order necessary to secure
compliance with or prevent a violation of this part or the
rules adopted pursuant to this part. Within thirty days of
issuance, the The order may be appealed to the commission by
filing a notice of appeal with the director. The appeal shall
be conducted as a contested case pursuant to chapter 17A and
the commission may affirm, modify, or revoke the order. The
department may request legal services as required from the
attorney general, including any legal proceeding necessary to
obtain compliance with this part and rules and orders issued
under this part. The applicable timeframes for the issuance
and appeal of an order are defined in section 455B.110.
Sec. 6. Section 455B.308, Code 2019, is amended to read as
follows:
455B.308 Appeal from order.
Any person aggrieved by an order of the director may appeal
the order by filing a written notice of appeal with the
director within thirty days of the issuance of the order in
accordance with section 455B.110. The director shall schedule
a hearing for the purpose of hearing the arguments of the
aggrieved person within thirty days of the filing of the notice
of appeal. The hearing may be held before the commission
or its designee. A complete record shall be made of the
proceedings. The director shall issue the findings in writing
to the aggrieved person within thirty days of the conclusion
of the hearing. Judicial review may be sought of actions
-3-of the commission in accordance with the terms of the Iowa
administrative procedure Act, chapter 17A. Notwithstanding the
terms of the Act, petitions for judicial review may be filed
in the district court of the county where the acts in issue
occurred.
Sec. 7. Section 455B.476, subsection 1, Code 2019, is
amended to read as follows:
1. If there is substantial evidence that a person has
violated or is violating a provision of this part or a
rule adopted under this part the director may issue an
order directing the person to desist in the practice which
constitutes the violation, and to take corrective action as
necessary to ensure that the violation will cease, and may
impose appropriate administrative penalties pursuant to section
455B.109. The person to whom the order is issued may appeal
the order to the commission as provided in chapter 17A. On
appeal, the commission may affirm, modify or vacate the order
of the director. The applicable timeframes for the issuance
and appeal of the order are defined in section 455B.110.
Sec. 8. Section 455D.23, Code 2019, is amended to read as
follows:
455D.23 Administrative enforcement — compliance orders.
The director may issue any order necessary to secure
compliance with or prevent a violation of the provisions of
this chapter or any rule adopted or permit or order issued
pursuant to this chapter. Any order issued to enforce section
455D.4A may include a requirement to remove and properly
dispose of materials being accumulated speculatively from a
property and impose costs and penalties as determined by the
department by rule. The person to whom such compliance order
is issued may cause to be commenced a contested case within the
meaning of chapter 17A by filing within thirty days a notice
of appeal to the commission. On appeal, the commission may
affirm, modify, or vacate the order of the director. The
applicable timeframes for the issuance and appeal of the order
-4-are defined in section 455B.110.
Sec. 9. Section 458A.11, subsection 2, Code 2019, is amended
to read as follows:
2. An order or amendment of an order, except in an
emergency, shall not be made by the department without a
public hearing upon at least ten days’ notice. The public
hearing shall be held at the time and place prescribed by the
department, and any interested person is entitled to be heard.
The applicable timeframes for the issuance and appeal of the
order are defined in section 455B.110.
DIVISION II
ADMINISTRATIVE CHANGES FOR WASTE DISPOSAL SYSTEMS AND PUBLIC
WATER SUPPLY SYSTEMS
Sec. 10. Section 455B.183, subsection 1, paragraph c, Code
2019, is amended to read as follows:
c. The operation of any waste disposal system or public
water supply system or any part of or extension or addition
to the system. This provision paragraph does not apply to a
pretreatment system, the effluent of which is to be discharged
directly to another disposal system for final treatment and
disposal; a semipublic sewage disposal system, the construction
of which has been approved by the department and which that
does not discharge into a water of the state; or a private
sewage disposal system which that does not discharge into
a water of the state. The commission may adopt additional
exemptions for a class of disposal systems that do not
discharge into a water of the state or the director may waive
the permit requirement for an individual system that does
not discharge into a water of the state. The commission or
director shall consider the volume, location, frequency, and
nature of disposal from a system or class of systems before
granting a waiver or exemption. Sludge from a semipublic
or private sewage disposal system shall be disposed of in
accordance with the rules adopted by the department pursuant to
chapter 17A. The exemption of this paragraph shall not apply
-5-to any industrial waste discharges.
Sec. 11. Section 455B.265, subsection 5, Code 2019, is
amended to read as follows:
5. Prior to the issuance of a new permit or modification
of a permit under this section to a community public water
supply, the department shall publish a notice of recommendation
to grant a permit. The notice shall include a brief summary
of the proposed permit and shall be published in a newspaper
of general circulation within the county of the proposed
water source as provided in section 618.3. If the newspaper
of general circulation is not the newspaper of the nearest
locality to the proposed water source that publishes a
newspaper, the notice shall also be published in the newspaper
of the nearest locality to the proposed water source that
publishes a newspaper and the department may charge the
applicant for the expenses associated with publishing the
notice in the second newspaper.
Sec. 12. Section 455B.265, subsection 6, paragraphs a and c,
Code 2019, are amended to read as follows:
a. The amount of a fee shall be based on the department’s
reasonable cost of reviewing applications, issuing permits,
ensuring compliance with the terms of the permits, and
resolving water interference complaints. The commission shall
calculate the fees to produce total revenues of not more than
five hundred thousand dollars for each fiscal year, commencing
with the fiscal year beginning July 1, 2009, and ending June
30, 2010.
c. The commission shall annually review the amount of moneys
generated by the fees, the balance in the water use permit
fund, and the anticipated expenses for the succeeding fiscal
year years.
-6-______________________________
CHARLES SCHNEIDERPresident of the Senate______________________________
LINDA UPMEYERSpeaker of the House I hereby certify that this bill originated in the Senate and is known as Senate File 409, Eighty-eighth General Assembly.______________________________
W. CHARLES SMITHSONSecretary of the SenateApproved _______________, 2019______________________________
KIM REYNOLDSGovernorjs/tm/mb