Iowa Code 455B.175 – Violations
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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 the violation will cease. The person to whom such order is issued may cause to be commenced 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.
Terms Used In Iowa Code 455B.175
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Commission: means the natural resource commission. See Iowa Code 462A.2
- Commission: means the environmental protection commission created under section 455A. See Iowa Code 455B.101
- Director: means the director of the department or the director's designee. See Iowa Code 462A.2
- Director: means the director of the department or a designee. See Iowa Code 455B.101
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Person: means an individual, partnership, firm, corporation, or association. See Iowa Code 462A.2
- Rule: includes "regulation". See Iowa Code 4.1
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.