Iowa 2019-2020 Regular Session Status: Enacted

SF 409 — A bill for an act relating to administrative procedures within the department of natural resources. (Formerly SSB 1119.) Effective 7-1-19.

Last action — Signed by Governor.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 27, 2019. Enacted.

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Bill Text

What changed in the latest version

225 added · 243 removed

225 line(s) added, 243 removed.

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KIM REYN OLD S O F F I C E O F T H E G O V E R N O R A DA M G REG G G OVER NO R LTG OV ERNO R M ay 9,2019 Th eH on orable PaulP ate Secretaryo fState ofIow a StateC apit l D esM o i es,Iow a50 319 D earM r.S ecretry, Ih er by tansm it Senate Fie 409, An A ctrelatig to adm inistati ep r cedures w ihin t ed epartm ento f nat ralresources.
Senate File 409 - Enrolled Senate File 409 AN ACT RELATING TO ADMINISTRATIVE PROCEDURES WITHIN THE DEPARTMENT OF NATURAL RESOURCES.
Th ea bove H ouse Fileish ereby approv ed on t i date.
Sincerel, G ove r oro fIow a STA TE CA PI OL D ES MO I ES, I WA 5 0319 51.281.211 FA X 515.25.3527 W W W .
OV ERN OR.IOW A.GO V I ~nuamo~nm1m~ S enate F ile 409 AN ACT RELATING TO ADMINISTRATIVE PROCEDURES WITHIN THE DEPARTMENT OF NATURAL RESOURCES.
DIVISION I S eNEW45A dm inistrative appealINE o d ead lin e.
DIVISION I ADMINISTRATIVE APPEALS TIMELINE Section 1.
1An o rd er issu e d by th e d ir e c to r or th e departm ent r e s u ltin g in th e sch ed u lin g o f a c o n te ste d case h earin g asled , provideThe ap p eal must be re c e iv e d by th e d ir e c to r w ith in th e a p p lic a b le tim efram e e s ta b lis h e d Senat e Fil e 409 , p .
NEW SECTION.
2 in th is section .
455B.110 Administrative appeal orders —— deadline.
If the appeal is not received within the applicable timeframe, the appeal is not timely and the order is fin a l agency action.
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 Senate File 409, p.
2 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.
For a person th at holds a permit issued by the department, an appeal must be received by the d irecto r w ithin six ty days of the issuance of the order to the address of the person id en tified in the permit and the address of the responsible party lis te d in the perm it, i f any.
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.
For a person th at is required to maintain a registered agent or a registered o ff ice in the s ta te and does not hold a permit issued by the department, an appeal must be received by the d irecto r w ithin six ty days of the issuance of the order to the o ffic ia l registered agent address on f ile with the secretary of s ta te .
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.
For any other person, an appeal must be received by the d irecto r w ithin six ty days of issuance to the la s t known address.
For any other person, an appeal must be received by the director within sixty days of issuance to the last known address.
The d irecto r or the department sh all provide a copy of the order by ordinary mail or electro n ic mail to the person's attorney i f the attorney has been id en tified to the department as representing the person.
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.
For the purposes of th is section, the date of issuance of an order by the d irecto r or the department is the postmarked date th at the order is sent by the department to the registered agent or party by c e rtifie d m ail.
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 th is section, the date of receipt by the d irecto r is the postmarked date th at the appeal was sent to the d ire c to r.
For the purposes of this section, the date of receipt by the director is the postmarked date that the appeal was sent to the director.
When the d irecto r has evidence th at a v io latio n of any provision of division II of th is chapter or chapter 459 , subchapter I I , or ru le, standard or permit established or issued under division II or chapter 459, subchapter I I , has occurred, the d irecto r sh a ll notify the alleged v io lato r and, by informal negotiation, attempt to resolve the problem.
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 f a il to resolve the problem w ithin a reasonable period of time, the d irecto r sh a ll issue an order d irectin g the v io lato r to prevent, abate or control the Se na t F ile 40 9, p.
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 Senate File 409, p.
3 em i sion s o r a ir p oll utio n inv olv ed .
3 emissions or air pollution involved.
T he o rde r s ha ll p res crib e e an d m ay p re scrib e th e d ate by w hich the v iola tion s ha ll ce as tim e tab les for ne ces sary ac tion to p rev en t, ab ate or co n t ol th e e m ission s o f a ir po llu to n .
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 ord er may be ap pea led to th e c om m ission .
The order may be appealed to the commission.
T he ap plic ab l tim efra m es for th e iss ua nce an d ap pe al o f th e o rd er a re def i ed in se ctio n 45 5B .
The applicable timeframes for the issuance and appeal of the order are defined in section 455B.110.
10.
Sec.
Se c.
Se ction 4 55B .17 5, s ub sec tion 1 , pa rag raph a , C ode 19 , is am end ed t re ad as follo w s:
Section 455B.175, subsection 1, paragraph a, Code 2019, is amended to read as follows:
T he d ire cto r m ay issu e a n o rde r d irec ting th e pers on to d esis t in th e p ra ctic e w hich c on stitu tes th e v io latio n o r to tak e such c orre ctiv e ac to n as m a be n ece ssary to e nsu re th at the v i la tion w ill cea se.
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.
T he p erso n to whom su ch ord er is iss ued m ay cau se to b e co m men ced a c on tested c ase w ithin th e m ea ning of the Iow a ad m in i trativ e p roc ed ure A ct, c ha pter A, by filin g w ith th e dire cto r " ithiH th irty ea ys a n otic e o f ap pe al to th e c om m issio n.
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 ap plic ab le tim e fram es fo r th e is sua nc e an d a pp eal of the ord er are d efine d in sec tion 55B .11 0.
The applicable timeframes for the issuance and appeal of the order are defined in section 455B.110.
On a pp eal the co m m ission m ay affirm , m o dify or v aca te th e ord er o f th e dire cto r:
On appeal the commission may affirm, modify or vacate the order of the director;
or S ec.
or Sec.
Se ctio n 4 55 B.18 3, C od e 2 019 , is am end ed b y a dd i g th e fo llow in g new su bse ctio n:
Section 455B.183, Code 2019, is amended by adding the following new subsection:
NEW SU B SEC TION .
NEW SUBSECTION .
9 .
9.
A ru ra l w ate r as so ciatio n org an ized u nde r ch ap ter 357A o r ch ap ter 504 th at em ploy s o r re tain s a lice nse d eng ine er sh all b e c on side red to hav e m et the of th is s ec ti n fo r th e p urp ose s p erm itin g req uirem ents o f sew e r ex ten sion s and w ater sup ply d istrib utio n sy stem e xte nsio ns .
A rural water association organized under chapter 357A or chapter 504 that employs or retains 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.
T he dep artm en t sh a ll n ot d isq ua lify a rura l w ate r sy stem i f th e sys t m 's h yd rau lic m ode ln g c om p lies w ith sta nd ard s f or w ater sup ply dis trib utio n sy stem s a do pted by th e co m m ission pu rsua nt to this c ha pter .
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.
S ec.
Sec.
S ectio n 455 B.2 79, sub se ction 1 , C ode 20 19, is am en ded to read a s fo llow s :
Section 455B.279, subsection 1, Code 2019, is amended to read as follows:
T he dire cto r m ay issu e any ord er ne ces sary to se cure c om p la nce w ith o r p rev en t a v io latio n of this p art or the r ule s ad op ted pu rsua nt to this p art .
1.
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W ih i thir ty day s e f issH a H ee, t e The or der m ay b e ap pe aled to the co m m ission by fi ling a n otic e o f a pp eal w ih th e d ire cto r.
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.
Th e ap pe al s ha ll b e c ond uc t d a s a co nte sted c ase pu rsu ant to cha pte r 17A a nd th e com m ission m ay a ffirm , m od ify, o r re vo ke the or de r.
Within thirty days of issuance, the The order may be appealed to the commission by filing a notice of appeal with the director.
T he S en ate Fi le 409 , p.
The appeal shall be conducted as a contested case pursuant to chapter 17A and the commission may affirm, modify, or revoke the order.
4 de partm e nt may re que st leg al serv ic es as req uire d from th e atto rn ey g en era l, in clud ing a ny leg al pro cee ding n ec essa ry to o bta i c om p li nce w ith thi s p ar t and ru le s an d o rd ers issu ed un de r th is pa rt.
The Senate File 409, p.
Th e a pp lica ble tim efram es for the iss ua nce an ord er a re de fine d in sec tion 4 55B .11 0.
4 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.
an d a pp eal of S ec.
The applicable timeframes for the issuance and appeal of an order are defined in section 455B.110.
Sec.
S ectio n 455 B .
Section 455B.308, Code 2019, is amended to read as follows:
08, Co de 201 9, is am e nded to rea d as fo ll w s:
455B.308 Appeal from order.
SB .
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.
08 A ppe al from o rd er.
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.
An y p erso n agg riev ed by an ord er of the d irec tor m ay a pp eal _th e o rde r b y f iling a w r itten no tice o f a ppe al w ih th e d irec tor w itfiia th ir ty day s o f tfie issu aae e of tie ord er in ac cor dan ce w ith s ec ti n 45 5B .11 0.
The hearing may be held before the commission or its designee.
The d irec tor sh a ll sch ed ule a he aring fo r the pu rpo se of hea ring th e a rgu m ents of the ag grie ve d p erso n w ithin th irty d ays of the fi ling of the no tice o f ap p eal.
A complete record shall be made of the proceedings.
Th e h ea ring m ay b e h eld be fore th e com m ission o r its d esig ne e.
The director shall issue the findings in writing to the aggrieved person within thirty days of the conclusion of the hearing.
A com p lete reco rd sh a ll be m ade o f t e p roce ed ing s.
Judicial review may be sought of actions of the commission in accordance with the terms of the Iowa administrative procedure Act, chapter 17A.
The d irec tor sh a ll iss ue th e fin din gs in w ritin g to th e a gg rieve d per son w ith i th ir ty day s o f th e con clu sion o f th e h ea ring .
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.
Ju dic ial revie w m ay b e so ug ht of actio n s o f th e c om m ission in ac cord an ce w it th e term s of the Iow a a dm i istra tive p roce du re A c t, ch ap ter 17A .
Sec.
N otw iths t nd ing th e term s o f th e A c t, p etitio n s fo r ju dic ial revie w m ay b e fil ed in th e d is tric t c ou rt o f th e cou nty w here th e a cts in issu e o ccu rred .
S ec.
S ectio n 455 B .
Section 455B.476, subsection 1, Code 2019, is amended to read as follows:
76 , su bs ectio n 1, C od e 2 019 , is am en ded to rea d a s f ollow s:
1.
I f th ere is s ub sta ntia l e vide nc e th at a p ers on ha s or a v iola ted o r is v iola ting a p rov ision o f th is p art ru le ad opte d und er this p art the d irec tor m ay is su e a n o rde r d irec tin g t e pe rson to d es ist i th e pra ctic e w hich c on stitu te s th e v io latio n , an d to t ke c orre ctiv e ac tion as n ece ssa ry to ens ure th at t e vio la ti n w ill ce ase , an d m ay ia te ad m in i trativ e pe na lties pu rsu an t to sec tio n im p ose ap pro pr 55B .10 9.
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.
Th e p erso n to w hom th e o rd er i s is sue d may ap pe al th e ord er to t e com m is i n a s p rov ide d i c ha pte r 17 A.
The person to whom the order is issued may appeal the order to the commission as provided in chapter 17A.
On a pp ea l the co m m ission m ay a ffirm , m od iy o r v aca te t e ord er o f th e dire cto r.
On appeal, the commission may affirm, modify or vacate the order of the director.
T he a pp lica ble tim efra m es for th e i sua nc e an d app ea l of the o rde r a re d efin ed in se ctio n 45 5B .110 .
The applicable timeframes for the issuance and appeal of the order are defined in section 455B.110.
S ec.
Sec.
S ec to n 45 5D .23, Co de 2 01 9, i s am e nded to rea d as S ena te Fi le 409 , p.
Section 455D.23, Code 2019, is amended to read as Senate File 409, p.
5 fo llo ws :
5 follows:
50.2 3 A dm in istrative en force m ent ~ c om pl ia nc e ord ers .
455D.23 Administrative enforcement —— compliance orders.
Th e d ire cto r m ay issu e a ny ord er ne ces sary to se cu re co m plian ce w ith o r p rev en t a vio latio n of the p rov isio ns of th is ch ap t r o r a ny ru l a dop ted or pe rm it o r o rde r iss ue d p ursu an t to th is ch ap ter.
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.
A ny o rde r is sue d to enf orce se ctio n 5D .
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.
A may in clud e a re qu irem en t to rem o ve and pro p erly d i po se of m ate rials be ing ac cum u lated sp ec ula tive ly from a co sts and p en altie s a s d eterm in ed by the p rop erty an d im p ose d epa rt ent by ru le.
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.
Th e p erso n to whom su ch co m plian ce o rd er is iss ued m ay cau se to be com m enced a co ntes ted ca se w it in the m ean ing of ch ap t r 1 7A by filin g w ithin th irty eay s a no tice o f ap pe al to th e com m is i n.
On appeal, the commission may affirm, modify, or vacate the order of the director.
On ap pe al, the com m i si n m ay af firm , m od iy , o r v ac ate the or der of the d ire cto r.
The applicable timeframes for the issuance and appeal of the order are defined in section 455B.110.
Th e ap p licab le tim efram e s f or the issu an ce an d a pp eal of the ord er ar e d efin ed in se ctio n 45 5B .
Sec.
10 .
S ec.
S ectio n 45 8A .ll, sub se ction 2 , C ode 20 19, is am end ed to re ad as follo w s:
Section 458A.11, subsection 2, Code 2019, is amended to read as follows:
A n o rde r o r am en dm ent o f a n o rd er, ex cep t in an em ergen cy, sh all no t be m ade by the de partm ent w it ou t a p ub lic h ea ring up on at lea st ten d ays ' n otic e.
2.
Th e p ub lic h earin g sh all be he l a t th e ti e an d plac e p re scrib ed b y th e d epa rtm en t, an d a ny inte re sted p erso n is en title d to be hea rd .
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.
T he a pp lica ble tim efra m es for th e i sua nc e a nd app ea l of the o rde r a re d efin ed in se ctio n 45 5B .
The public hearing shall be held at the time and place prescribed by the department, and any interested person is entitled to be heard.
10 .
The applicable timeframes for the issuance and appeal of the order are defined in section 455B.110.
I I D IV I ION AD M INISTR AT I E CHA NG ES F OR WA STE DISPO SA L SYST EM S A ND PUB LIC W AT ER S UPPL Y SYST EM S S ec.
DIVISION II ADMINISTRATIVE CHANGES FOR WASTE DISPOSAL SYSTEMS AND PUBLIC WATER SUPPLY SYSTEMS Sec.
10 .
10.
S ec tion 45 5B .18 3, s ub sec tion 1 , pa rag raph c , C ode 019 , is am en ded to rea d a s fo llow s :
Section 455B.183, subsection 1, paragraph c, Code 2019, is amended to read as follows:
T he op era ti n of any w as t d isp osa l sy stem o r p ub lic w a t r su pp ly system or any p art of or ex tens ion or ad d iio n to th e syste m .
The operation of any waste disposal system or public water supply system or any part of or extension or addition to the system.
T h is p rov isio n p ara grap h do es n ot app ly to a p retre atm e nt syste m , th e efflu en t o f w h ich is to b e d isch arg ed d ire ctly to a no t er dis po sal sys t m fo r f ina l tre atm e nt and u ctio n d isp os al;
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 se m ipu blic sew ag e d isp osa l sy stem , the co n str o f w hich h as b een ap pro ved by th e d ep artm en t an d '1h i h th a t d oes no t d isch arg e into ~ w ater of the st ate ;
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;
o r a p riva te se wa ge disp o sal system w hich th at d oe s n ot d isch arg e into Senate F ile 409, p.
or a private sewage disposal system which that does not discharge into Senate File 409, p.
6 a water of the s ta te .
6 a water of the state.
The commission may adopt additional exemptions for a class of disposal systems th at do not discharge into a water of the s ta te or the d irecto r may waive the permit requirement for an individual system th at does not discharge in to a water of the s ta te .
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 d irecto r sh a ll consider the volume, location, frequency, and nature of disposal from a system or class of systems before granting a waiver or exemption.
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 p riv ate sewage disposal system sh a ll be disposed of in accordance with the rules adopted by the department pursuant to chapter 17A.
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.
~he exemption of th is paragraph sh all not apply to any in d u stria l waste discharges.
The exemption of this paragraph shall not apply to any industrial waste discharges.
Prior to the issuance of a new permit or m odification of a permit under th is section to a community public water supply, the department sh a ll publish a notice of recommendation to grant a perm it.
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 sh a ll include a b rie f summary of the proposed permit and sh a ll ae pttalished in a newspaper of general eirettlatien within the eeenty ef the prepesed water source as provided in section 618.3.
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 tae newspaper of general cirettlation is net the newspaper of tae nearest lo e a lity to the proposed water source th at pttalishes a newspaper, the notice sh a ll also ae pttalished in the newspaper of the nearest lo c a lity to the proposed water soarce th at pttblishes a eewspaper and the department may charge the applicant for tae ex~enses associated wita pttalisaing the notice in the second newspaper.
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.
The amount of a fee sh a ll be based on the departm ent's reasonable cost of reviewing applications, issuing perm its, ensuring compliance with the terms of the perm its, and resolving water interference complaints.
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 sh a ll calcu late the fees to produce to ta l revenues of not more than five hundred thousand d o llars for each fis c a l year, eellltfteneing wita the fis c a l year beginning Jttly 1, 2009, and ending Jene 30, 2010.
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.
The commission sh a ll annually review the amount of moneys S e407, p .le g en erated by th e fe e s , th e bal ance in t he w ater use p erm it fund, and t.succeeding f i s c a lxpenses fo r ~ d rJd c P re s id e n t o f th e S enate I hereby c e r t i f y th a t th is b i l l o rig in a te d in th e S enate and i s known as S enate F ile 409, E ig h ty -e ig h th G eneral Assembly.
The commission shall annually review the amount of moneys Senate File 409, p.
A.we~o~ W.
7 generated by the fees, the balance in the water use permit fund, and the anticipated expenses for the succeeding fiscal year years.
CHARLES SMITHSON Apl'q~e, 2019
______________________________ ______________________________ CHARLES SCHNEIDER LINDA UPMEYER President of the Senate Speaker 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 SMITHSON Secretary of the Senate Approved _______________, 2019 ______________________________ KIM REYNOLDS Governor
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Amendments

3 amendments

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Action History

  1. Signed by Governor.

  2. Reported correctly enrolled, signed by President and Speaker, and sent to Governor.

  3. Explanation of vote.

  4. Message from Senate.

  5. Immediate message.

  6. Passed Senate, yeas 50, nays 0.

  7. Senate concurred with S-3183.

  8. Message from House, with amendment S-3183.

  9. Immediate message.

  10. Passed House, yeas 97 nays none.

  11. Amendment H-1234 adopted.

  12. Amendment H-1234 filed.

  13. Read first time, passed on file.

  14. Message from Senate.

  15. Immediate message.

  16. Passed Senate, yeas 37, nays 12.

  17. Amendment S-3151 filed, adopted.

  18. Placed on calendar under unfinished business.

  19. Committee report, approving bill.

  20. Introduced, placed on calendar.

Sponsorship breakdown

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0 sponsors · 0 co-sponsors · 150 not signed on

Sponsors (0)

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None.

Not signed on (150)

150 members have not signed on to this bill.

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Subjects

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Frequently asked questions

What is the current status of SF 409?
This bill has been enacted into law. Introduced February 27, 2019. Enacted.
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Last checked for changes 3 months ago · updated continuously

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