2019 Iowa Code
Title XI - NATURAL RESOURCES
Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES
Section 455B.138 - Resolution of violations — appeal.
455B.138 Resolution of violations — appeal.
1. 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 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.
2. After the hearing on appeal, the commission may affirm, modify or rescind the order of the director.
3. The director shall keep a complete record of the hearings and proceeding and the record 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.
[C71, §136B.9; C73, 75, 77, 79, 81, §455B.17]
C83, §455B.138
86 Acts, ch 1245, §1899
Referred to in §455B.149
