Bill Text: IA SF11 | 2011-2012 | 84th General Assembly | Introduced
Bill Title: A bill for an act delegating to counties the permitting and enforcement powers of the department of natural resources in relation to certain sewage disposal systems and authorizing penalties. (See SF 407.)
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-12-31 - END OF 2011 ACTIONS [SF11 Detail]
Download: Iowa-2011-SF11-Introduced.html
Senate
File
11
-
Introduced
SENATE
FILE
11
BY
BOLKCOM
A
BILL
FOR
An
Act
delegating
to
counties
the
permitting
and
enforcement
1
powers
of
the
department
of
natural
resources
in
relation
to
2
certain
sewage
disposal
systems
and
authorizing
penalties.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
331.382,
Code
2011,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
10.
The
power
to
issue
permits,
conduct
3
inspections,
and
adopt
standards
for
sewage
disposal
systems
4
that
are
not
private
sewage
disposal
systems,
as
defined
in
5
section
455B.171,
in
relation
to
authority
delegated
by
the
6
department
of
natural
resources
pursuant
to
sections
455B.174
7
and
455B.183.
8
Sec.
2.
Section
455B.174,
subsection
4,
Code
2011,
is
9
amended
by
adding
the
following
new
paragraph:
10
NEW
PARAGRAPH
.
f.
The
department
may
enter
into
an
11
agreement
with
a
county
to
delegate
to
the
county
the
duties
of
12
the
department
under
this
subsection
as
they
relate
to
sewage
13
disposal
systems
that
are
not
private
sewage
disposal
systems.
14
Sec.
3.
Section
455B.175,
Code
2011,
is
amended
to
read
as
15
follows:
16
455B.175
Violations.
17
1.
If
there
is
substantial
evidence
that
any
person
has
18
violated
or
is
violating
any
provision
of
this
part
of
this
19
division
,
chapter
459,
subchapter
III
,
chapter
459A
,
or
chapter
20
459B
,
or
of
any
rule
or
standard
established
or
permit
issued
21
pursuant
thereto;
then:
22
1.
a.
The
director
may
issue
an
order
directing
the
person
23
to
desist
in
the
practice
which
constitutes
the
violation
or
24
to
take
such
corrective
action
as
may
be
necessary
to
ensure
25
that
the
violation
will
cease.
The
person
to
whom
such
order
26
is
issued
may
cause
to
be
commenced
a
contested
case
within
27
the
meaning
of
the
Iowa
administrative
procedure
Act,
chapter
28
17A
,
by
filing
with
the
director
within
thirty
days
a
notice
of
29
appeal
to
the
commission.
On
appeal
the
commission
may
affirm,
30
modify
or
vacate
the
order
of
the
director;
or
31
2.
b.
If
it
is
determined
by
the
director
that
an
emergency
32
exists
respecting
any
matter
affecting
or
likely
to
affect
the
33
public
health,
the
director
may
issue
any
order
necessary
to
34
terminate
the
emergency
without
notice
and
without
hearing.
35
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11
Any
such
order
shall
be
binding
and
effective
immediately
and
1
until
such
order
is
modified
or
vacated
at
a
hearing
before
the
2
commission
or
by
a
court;
or
3
3.
c.
The
director,
with
the
approval
of
the
commission,
4
may
request
the
attorney
general
to
institute
legal
proceedings
5
pursuant
to
section
455B.191
or
459.604
.
6
2.
Notwithstanding
the
limitations
on
civil
and
criminal
7
penalty
amounts
in
sections
331.302
and
331.307,
a
county
that
8
has
entered
into
an
agreement
with
the
department
pursuant
9
to
sections
455B.174
and
455B.183
regarding
sewage
disposal
10
systems
that
are
not
private
sewage
disposal
systems
may
assess
11
civil
penalties
in
amounts
consistent
with
and
not
exceeding
12
the
amounts
established
for
such
penalties
under
this
division.
13
Sec.
4.
Section
455B.183,
Code
2011,
is
amended
by
adding
14
the
following
new
subsection:
15
NEW
SUBSECTION
.
8.
The
department
may
enter
into
an
16
agreement
with
a
county
to
delegate
to
the
county
the
duties
17
of
the
department
under
this
section
as
they
relate
to
sewage
18
disposal
systems
that
are
not
private
sewage
disposal
systems.
19
EXPLANATION
20
This
bill
relates
to
the
delegation
of
permitting
and
21
enforcement
powers
of
the
department
of
natural
resources
in
22
relation
to
certain
sewage
disposal
systems.
23
The
bill
allows
the
delegation
of
duties
from
the
department
24
to
counties
as
those
duties
relate
to
the
regulation
and
25
enforcement
of
sewage
disposal
systems
that
are
not
private
26
sewage
disposal
systems.
The
bill
allows
counties
to
issue
27
permits,
conduct
inspections,
and
adopt
standards
in
relation
28
to
the
delegation
of
authority.
The
bill
allows
counties
to
29
assess
civil
penalties
for
the
regulation
of
sewage
disposal
30
systems
that
are
not
private
sewage
disposal
systems
in
amounts
31
consistent
with
but
not
exceeding
the
amounts
established
for
32
such
penalties
in
Code
chapter
455B.
33
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