§ 455B.138 — Resolution of violations — appeal

Iowa § 455B.138

• Jurisdiction: Iowa
• Title XI: NATURAL RESOURCES
• Ch. 455B: JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES

Text

1. When the director has evidence that a violation of any provision of this subchapter II
or chapter 459, subchapter II, or rule, standard, or permit established or issued under this
subchapter 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 time frames for the issuance and appeal
of the order are defined in section 455B.110.
2. After the hearing on appeal, the commission may affirm, modify, or rescind the order
of the director.
3. Thedirectorshallkeepacompleterecordofthehearingsandproceedingandtherecord
shall be open to public inspection, subject to section 455B.137. Upon request, a copy of the
transcript shall be furnished to the violator or alleged violator at the violator’s or alleged
violator’s expense.
4. An appeal to the commission under this section shall be conducted as a contested case
under chapter 17A.

Legislative History

[C71, §136B.9; C73, 75, 77, 79, 81, §455B.17]