§ 455B.175 — Violations

Iowa § 455B.175

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

Text

1. If there is substantial evidence that any person has violated or is violating any provision
of, or any rule or standard established or permit issued pursuant to, this part 1 of subchapter
III, chapter 459, subchapter III, chapter 459A, or chapter 459B, then one of the following may
apply:
a. 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
theviolationwillcease. Thepersontowhomsuchorderisissuedmaycausetobecommenced
a contested case within the meaning of the Iowa administrative procedure Act, chapter 17A,
by filing with the director a notice of appeal to the commission. The applicable time frames
for the issuance and appeal of the order are defined in section 455B.110. On appeal the
commission may affirm, modify, or vacate the order of the director.
b. If it is determined by the director that an emergency exists respecting any matter
affecting or likely to affect the public health, the director may issue any order necessary
to terminate the emergency without notice and without hearing. Any such order shall be
binding and effective immediately and until such order is modified or vacated at a hearing
before the commission or by a court.
c. The director, with the approval of the commission, may request the attorney general to
institute legal proceedings pursuant to section 455B.191 or 459.604.
2. Notwithstanding the limitations on civil and criminal penalty amounts in sections
331.302 and 331.307, a county that has entered into an agreement with the department
pursuant to sections 455B.174 and 455B.183 regarding the construction of semipublic
sewage disposal systems may assess civil penalties in amounts consistent with and not
exceeding the amounts established for such penalties under this subchapter III.

Legislative History

[C66, 71, §455B.12, 455B.15, 455B.17; C73, 75, §455B.34, 455B.37; C77, 79, 81, §455B.34]