Bill Text: IA HF677 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to administrative procedures within the department of natural resources. (Formerly HSB 81.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2019-04-17 - Withdrawn. H.J. 899. [HF677 Detail]
Download: Iowa-2019-HF677-Introduced.html
House
File
677
-
Introduced
HOUSE
FILE
677
BY
COMMITTEE
ON
ENVIRONMENTAL
PROTECTION
(SUCCESSOR
TO
HSB
81)
A
BILL
FOR
An
Act
relating
to
administrative
procedures
within
the
1
department
of
natural
resources.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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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
a
person
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
person
identified
in
the
permit
and
the
address
of
the
16
responsible
party
listed
in
the
permit,
if
any.
17
3.
For
a
person
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
person,
an
appeal
must
be
received
by
24
the
director
within
sixty
days
of
issuance
to
the
last
known
25
address.
26
5.
The
director
or
the
department
shall
provide
a
copy
of
27
the
order
by
ordinary
mail
or
electronic
mail
to
the
person’s
28
attorney
if
the
attorney
has
been
identified
to
the
department
29
as
representing
the
person.
30
6.
a.
For
the
purposes
of
this
section,
the
date
of
31
issuance
of
an
order
by
the
director
or
the
department
is
the
32
postmarked
date
that
the
order
is
sent
by
the
department
to
the
33
registered
agent
or
person.
34
b.
For
the
purposes
of
this
section,
the
date
of
receipt
by
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the
director
is
the
postmarked
date
that
the
appeal
was
sent
1
to
the
director
or
the
date
the
appeal
was
hand-delivered
and
2
filed
and
stamped
by
the
department
during
its
regular
business
3
hours.
4
Sec.
2.
Section
455B.138,
subsection
1,
Code
2019,
is
5
amended
to
read
as
follows:
6
1.
When
the
director
has
evidence
that
a
violation
of
7
any
provision
of
division
II
of
this
chapter
or
chapter
459,
8
subchapter
II
,
or
rule,
standard
or
permit
established
or
9
issued
under
division
II
or
chapter
459,
subchapter
II
,
has
10
occurred,
the
director
shall
notify
the
alleged
violator
and,
11
by
informal
negotiation,
attempt
to
resolve
the
problem.
12
If
the
negotiations
fail
to
resolve
the
problem
within
a
13
reasonable
period
of
time,
the
director
shall
issue
an
order
14
directing
the
violator
to
prevent,
abate
or
control
the
15
emissions
or
air
pollution
involved.
The
order
shall
prescribe
16
the
date
by
which
the
violation
shall
cease
and
may
prescribe
17
timetables
for
necessary
action
to
prevent,
abate
or
control
18
the
emissions
of
air
pollution.
The
order
may
be
appealed
to
19
the
commission.
The
applicable
timeframes
for
the
issuance
and
20
appeal
of
the
order
are
defined
in
section
455B.110.
21
Sec.
3.
Section
455B.175,
subsection
1,
paragraph
a,
Code
22
2019,
is
amended
to
read
as
follows:
23
a.
The
director
may
issue
an
order
directing
the
person
24
to
desist
in
the
practice
which
constitutes
the
violation
or
25
to
take
such
corrective
action
as
may
be
necessary
to
ensure
26
that
the
violation
will
cease.
The
person
to
whom
such
order
27
is
issued
may
cause
to
be
commenced
a
contested
case
within
28
the
meaning
of
the
Iowa
administrative
procedure
Act,
chapter
29
17A
,
by
filing
with
the
director
within
thirty
days
a
notice
30
of
appeal
to
the
commission.
The
applicable
timeframes
for
31
the
issuance
and
appeal
of
the
order
are
defined
in
section
32
455B.110.
On
appeal
the
commission
may
affirm,
modify
or
33
vacate
the
order
of
the
director;
or
34
Sec.
4.
Section
455B.279,
subsection
1,
Code
2019,
is
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amended
to
read
as
follows:
1
1.
The
director
may
issue
any
order
necessary
to
secure
2
compliance
with
or
prevent
a
violation
of
this
part
or
the
3
rules
adopted
pursuant
to
this
part.
Within
thirty
days
of
4
issuance,
the
The
order
may
be
appealed
to
the
commission
by
5
filing
a
notice
of
appeal
with
the
director.
The
appeal
shall
6
be
conducted
as
a
contested
case
pursuant
to
chapter
17A
and
7
the
commission
may
affirm,
modify,
or
revoke
the
order.
The
8
department
may
request
legal
services
as
required
from
the
9
attorney
general,
including
any
legal
proceeding
necessary
to
10
obtain
compliance
with
this
part
and
rules
and
orders
issued
11
under
this
part.
The
applicable
timeframes
for
the
issuance
12
and
appeal
of
an
order
are
defined
in
section
455B.110.
13
Sec.
5.
Section
455B.308,
Code
2019,
is
amended
to
read
as
14
follows:
15
455B.308
Appeal
from
order.
16
Any
person
aggrieved
by
an
order
of
the
director
may
appeal
17
the
order
by
filing
a
written
notice
of
appeal
with
the
18
director
within
thirty
days
of
the
issuance
of
the
order
in
19
accordance
with
section
455B.110
.
The
director
shall
schedule
20
a
hearing
for
the
purpose
of
hearing
the
arguments
of
the
21
aggrieved
person
within
thirty
days
of
the
filing
of
the
notice
22
of
appeal.
The
hearing
may
be
held
before
the
commission
23
or
its
designee.
A
complete
record
shall
be
made
of
the
24
proceedings.
The
director
shall
issue
the
findings
in
writing
25
to
the
aggrieved
person
within
thirty
days
of
the
conclusion
26
of
the
hearing.
Judicial
review
may
be
sought
of
actions
27
of
the
commission
in
accordance
with
the
terms
of
the
Iowa
28
administrative
procedure
Act,
chapter
17A
.
Notwithstanding
the
29
terms
of
the
Act,
petitions
for
judicial
review
may
be
filed
30
in
the
district
court
of
the
county
where
the
acts
in
issue
31
occurred.
32
Sec.
6.
Section
455B.476,
subsection
1,
Code
2019,
is
33
amended
to
read
as
follows:
34
1.
If
there
is
substantial
evidence
that
a
person
has
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violated
or
is
violating
a
provision
of
this
part
or
a
1
rule
adopted
under
this
part
the
director
may
issue
an
2
order
directing
the
person
to
desist
in
the
practice
which
3
constitutes
the
violation,
and
to
take
corrective
action
as
4
necessary
to
ensure
that
the
violation
will
cease,
and
may
5
impose
appropriate
administrative
penalties
pursuant
to
section
6
455B.109
.
The
person
to
whom
the
order
is
issued
may
appeal
7
the
order
to
the
commission
as
provided
in
chapter
17A
.
On
8
appeal,
the
commission
may
affirm,
modify
or
vacate
the
order
9
of
the
director.
The
applicable
timeframes
for
the
issuance
10
and
appeal
of
the
order
are
defined
in
section
455B.110.
11
Sec.
7.
Section
455D.23,
Code
2019,
is
amended
to
read
as
12
follows:
13
455D.23
Administrative
enforcement
——
compliance
orders.
14
The
director
may
issue
any
order
necessary
to
secure
15
compliance
with
or
prevent
a
violation
of
the
provisions
of
16
this
chapter
or
any
rule
adopted
or
permit
or
order
issued
17
pursuant
to
this
chapter
.
Any
order
issued
to
enforce
section
18
455D.4A
may
include
a
requirement
to
remove
and
properly
19
dispose
of
materials
being
accumulated
speculatively
from
a
20
property
and
impose
costs
and
penalties
as
determined
by
the
21
department
by
rule.
The
person
to
whom
such
compliance
order
22
is
issued
may
cause
to
be
commenced
a
contested
case
within
the
23
meaning
of
chapter
17A
by
filing
within
thirty
days
a
notice
24
of
appeal
to
the
commission.
On
appeal,
the
commission
may
25
affirm,
modify,
or
vacate
the
order
of
the
director.
The
26
applicable
timeframes
for
the
issuance
and
appeal
of
the
order
27
are
defined
in
section
455B.110.
28
Sec.
8.
Section
458A.11,
subsection
2,
Code
2019,
is
amended
29
to
read
as
follows:
30
2.
An
order
or
amendment
of
an
order,
except
in
an
31
emergency,
shall
not
be
made
by
the
department
without
a
32
public
hearing
upon
at
least
ten
days’
notice.
The
public
33
hearing
shall
be
held
at
the
time
and
place
prescribed
by
the
34
department,
and
any
interested
person
is
entitled
to
be
heard.
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The
applicable
timeframes
for
the
issuance
and
appeal
of
the
1
order
are
defined
in
section
455B.110.
2
DIVISION
II
3
ADMINISTRATIVE
CHANGES
FOR
WASTE
DISPOSAL
SYSTEMS
AND
PUBLIC
4
WATER
SUPPLY
SYSTEMS
5
Sec.
9.
Section
455B.183,
subsection
1,
paragraph
c,
Code
6
2019,
is
amended
to
read
as
follows:
7
c.
The
operation
of
any
waste
disposal
system
or
public
8
water
supply
system
or
any
part
of
or
extension
or
addition
9
to
the
system.
This
provision
paragraph
does
not
apply
to
a
10
pretreatment
system,
the
effluent
of
which
is
to
be
discharged
11
directly
to
another
disposal
system
for
final
treatment
and
12
disposal;
a
semipublic
sewage
disposal
system,
the
construction
13
of
which
has
been
approved
by
the
department
and
which
that
14
does
not
discharge
into
a
water
of
the
state;
or
a
private
15
sewage
disposal
system
which
that
does
not
discharge
into
16
a
water
of
the
state.
The
commission
may
adopt
additional
17
exemptions
for
a
class
of
disposal
systems
that
do
not
18
discharge
into
a
water
of
the
state
or
the
director
may
waive
19
the
permit
requirement
for
an
individual
system
that
does
20
not
discharge
into
a
water
of
the
state.
The
commission
or
21
director
shall
consider
the
volume,
location,
frequency,
and
22
nature
of
disposal
from
a
system
or
class
of
systems
before
23
granting
a
waiver
or
exemption.
Sludge
from
a
semipublic
24
or
private
sewage
disposal
system
shall
be
disposed
of
in
25
accordance
with
the
rules
adopted
by
the
department
pursuant
to
26
chapter
17A
.
The
exemption
of
this
paragraph
shall
not
apply
27
to
any
industrial
waste
discharges.
28
Sec.
10.
Section
455B.183,
Code
2019,
is
amended
by
adding
29
the
following
new
subsection:
30
NEW
SUBSECTION
.
9.
A
rural
water
association
organized
31
under
chapter
357A
or
chapter
504
that
employs
or
retains
32
a
licensed
engineer
shall
be
considered
to
have
met
the
33
permitting
requirements
of
this
section
for
the
purposes
34
of
sewer
extensions
and
water
supply
distribution
system
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extensions.
The
department
shall
not
disqualify
a
rural
1
water
system
if
the
system’s
hydraulic
modeling
complies
with
2
standards
for
water
supply
distribution
systems
adopted
by
the
3
commission
pursuant
to
this
chapter.
4
Sec.
11.
Section
455B.265,
subsection
6,
paragraphs
a
and
c,
5
Code
2019,
are
amended
to
read
as
follows:
6
a.
The
amount
of
a
fee
shall
be
based
on
the
department’s
7
reasonable
cost
of
reviewing
applications,
issuing
permits,
8
ensuring
compliance
with
the
terms
of
the
permits,
and
9
resolving
water
interference
complaints.
The
commission
shall
10
calculate
the
fees
to
produce
total
revenues
of
not
more
than
11
five
hundred
thousand
dollars
for
each
fiscal
year
,
commencing
12
with
the
fiscal
year
beginning
July
1,
2009,
and
ending
June
13
30,
2010
.
14
c.
The
commission
shall
annually
review
the
amount
of
moneys
15
generated
by
the
fees,
the
balance
in
the
water
use
permit
16
fund,
and
the
anticipated
expenses
for
the
succeeding
fiscal
17
year
years
.
18
EXPLANATION
19
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
20
the
explanation’s
substance
by
the
members
of
the
general
assembly.
21
This
bill
affects
administrative
procedures
within
the
22
department
of
natural
resources.
23
Division
I
of
the
bill
creates
a
60-day
period
during
which
24
an
entity
may
appeal
an
order
issued
by
the
director
or
the
25
department
pursuant
to
the
department’s
authority
in
Code
26
chapter
455B.
The
start
of
the
60-day
period
is
contingent
27
on
what
type
of
entity
seeks
an
appeal.
Division
I
makes
28
conforming
changes
throughout
Code
chapter
455B.
The
issuance
29
and
appeal
of
an
order
pursuant
to
Code
chapters
455D
(waste
30
volume
reduction
and
recycling)
and
458A
(oil,
gas,
and
other
31
minerals)
also
conform
to
the
new
60-day
period.
32
Division
II
of
the
bill
allows
the
department
to
exempt
from
33
permit
requirements
a
class
of
waste
disposal
systems
that
do
34
not
discharge
into
water
of
the
state
and
are
not
currently
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exempt.
Division
II
also
allows
the
director
of
the
department
1
to
waive
the
permit
requirement
of
an
individual
system
that
2
does
not
discharge
into
a
water
of
the
state.
To
issue
such
an
3
exemption
or
waiver,
the
environmental
protection
commission
4
or
the
director
must
first
consider
the
volume,
location,
5
frequency,
and
nature
of
the
system
or
class
of
systems.
6
Division
II
provides
that
a
rural
water
association
organized
7
under
Code
chapter
357A
or
504
shall
be
considered
to
have
met
8
permitting
requirements
for
sewer
extensions
and
water
supply
9
distribution
systems
if
the
rural
water
association
employs
or
10
retains
a
licensed
engineer.
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