When an air pollution control program conducted by a political subdivision, or a
combination of political subdivisions, is deemed upon review, as provided in section
455B.134, to be consistent with the provisions of this subchapter II or the rules established
underthissubchapterII,thedirectorshallacceptsuchprograminlieuofstateadministration
and regulation of air pollution within the political subdivisions involved. This section shall
not be construed to limit the power of the director to issue state permits and to take other
actions consistent with this subchapter II or the rules established under this subchapter that
the director deems necessary for the continued proper administration of the air pollution
programs within the jurisdiction of the local air pollution program.
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When an air pollution control program conducted by a political subdivision, or a
combination of political subdivisions, is deemed upon review, as provided in section
455B.134, to be consistent with the provisions of this subchapter II or the rules established
underthissubchapterII,thedirectorshallacceptsuchprograminlieuofstateadministration
and regulation of air pollution within the political subdivisions involved. This section shall
not be construed to limit the power of the director to issue state permits and to take other
actions consistent with this subchapter II or the rules established under this subchapter that
the director deems necessary for the continued proper administration of the air pollution
programs within the jurisdiction of the local air pollution program.
1. In evaluating an air pollution control program, consideration shall be given to whether
such program provides for the following:
a. Ordinances, rules, and standards establishing requirements consistent with those
imposed by this subchapter II or rules and standards adopted by the department.
b. Enforcement of such requirements by appropriate administrative and judicial process.
c. Administrative organization, staff, financial, and other resources necessary to
administer an efficient and effective program.
d. Location of emission monitoring devices in areas of the political subdivision in
compliance with uniform state standards adopted by the department. The department shall
adopt uniform state standards for the location of emission monitoring devices specifying
such intervals and such procedures to provide a reasonably consistent measurement of
emissions from air contaminant sources regardless of the political subdivision of the state
in which the sources may be located.
2. Upon acceptance of a local air pollution control program, the director shall issue a
certificate of acceptance to the appropriate local agency.
a. Any political subdivision desiring a certificate of acceptance shall apply to the
department on forms prescribed by the director.
b. The director shall promptly investigate the application and approve or disapprove the
application. The director may conduct a public hearing before action is taken to approve
or disapprove. If the director disapproves issuing a certificate, the political subdivision may
appeal the action to the department of inspections, appeals, and licensing. At the hearing on
appeal, the department of inspections, appeals, and licensing shall decide whether the local
program is substantially consistent with the provisions of this subchapter II, or rules adopted
under this subchapter II, and whether the local program is being enforced. The burden of
proof shall be upon the political subdivision.
c. If the director determines at any time that a local air pollution program is being
conducted in a manner inconsistent with the substantive provisions of this subchapter
II or the rules adopted under this subchapter II, the director shall notify the political
subdivision, citing the deviations from the acceptable standards and the corrective measures
to be completed within a reasonable amount of time. If the corrective measures are not
implemented as prescribed, the director shall suspend in whole or in part the certificate of
acceptance of such political subdivision and shall administer the regulatory provisions of
this subchapter II in whole or in part within the political subdivision until the appropriate
standards are met. Upon receipt of evidence that necessary corrective action has been
taken, the director shall reinstate the suspended certificate of acceptance, and the political
subdivision shall resume the administration of the local air pollution control program within
its jurisdiction. In cases where the certificate of acceptance is suspended, the political
subdivision may appeal the suspension to the department of inspections, appeals, and
licensing.
d. Nothing in this subchapter II shall be construed to supersede the jurisdiction of any
27 JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES, §455B.146A
local air pollution control program in operation on the first of January, 1973, except that any
such program shall meet all requirements of this subchapter II.