Bill Text: IA HSB81 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to administrative procedures within the department of natural resources.
Spectrum: Committee Bill
Status: (N/A - Dead) 2019-03-05 - Committee report, recommending amendment and passage. H.J. 404. [HSB81 Detail]
Download: Iowa-2019-HSB81-Introduced.html
House
Study
Bill
81
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
DEPARTMENT
OF
NATURAL
RESOURCES
BILL)
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:
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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
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
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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
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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
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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:
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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
3
to
a
pretreatment
system,
the
effluent
of
which
is
to
be
4
discharged
directly
to
another
disposal
system
for
final
5
treatment
and
disposal;
a
semipublic
sewage
disposal
system,
6
the
construction
of
which
has
been
approved
by
the
department
7
and
which
that
does
not
discharge
into
a
water
of
the
state;
8
or
a
private
sewage
disposal
system
which
that
does
not
9
discharge
into
a
water
of
the
state.
The
commission
may
adopt
10
additional
exemptions
for
a
class
of
disposal
systems
that
do
11
not
discharge
into
a
water
of
the
state
or
waive
the
permit
12
requirement
for
an
individual
system
that
does
not
discharge
13
into
a
water
of
the
state.
The
commission
shall
consider
14
the
volume,
location,
frequency,
and
nature
of
disposal
15
from
a
system
or
class
of
systems
before
granting
a
waiver
16
or
exemption.
Sludge
from
a
semipublic
or
private
sewage
17
disposal
system
shall
be
disposed
of
in
accordance
with
the
18
rules
adopted
by
the
department
pursuant
to
chapter
17A
.
The
19
exemption
of
this
paragraph
shall
not
apply
to
any
industrial
20
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
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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
Iowa
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
Iowa
Code
chapter
455B.
The
27
issuance
and
appeal
of
an
order
pursuant
to
Iowa
Code
chapters
28
455D
(waste
volume
reduction
and
recycling)
and
458A
(oil,
gas,
29
and
other
minerals)
also
conform
to
the
new
60-day
period.
30
Division
II
of
the
bill
allows
the
department
to
exempt
31
from
permit
requirements
a
class
of
waste
disposal
systems
32
that
do
not
discharge
into
water
of
the
state
and
are
not
33
currently
exempt.
Division
II
also
allows
the
department
to
34
waive
the
permit
requirement
of
an
individual
system
that
does
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not
discharge
into
a
water
of
the
state.
To
issue
such
an
1
exemption
or
waiver,
the
department
must
first
consider
the
2
volume,
location,
frequency,
and
nature
of
the
system
or
class
3
of
systems.
Finally,
division
II
eliminates
the
requirement
4
that
notice
of
a
recommendation
to
grant
a
permit
to
a
5
community
public
water
supply
be
published
in
a
newspaper
of
6
general
circulation
within
the
county
and
removes
out-of-date
7
language.
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