207.14 - ENFORCEMENT.
207.14 ENFORCEMENT.
1. a. When on the basis of an inspection, the administrator
determines that a condition or practice exists which creates an
imminent danger to the health or safety of the public or can
reasonably be expected to cause significant, imminent environmental
harm to land, air, or water resources, the administrator shall
immediately order a cessation of coal mining and reclamation
operations to the extent necessary until the administrator determines
that the condition, practice, or violation has been abated, or until
the order is modified, vacated, or terminated by the division
pursuant to procedures set out in this section.
b. If the administrator finds that the ordered cessation will
not completely abate the imminent danger to health or safety of the
public or the significant imminent environmental harm, the
administrator shall require the operator to take whatever steps the
administrator deems necessary to abate the imminent danger or the
significant environmental harm.
2. a. When on the basis of an inspection, the administrator
determines that any operator is in violation of any requirement of
this chapter or permit condition, but the violation does not create
an imminent danger to the health or safety of the public or cannot be
reasonably expected to cause significant, imminent environmental
harm, the administrator shall issue a notice to the operator fixing a
reasonable time but not more than ninety days for the abatement of
the violation and providing opportunity for public hearing.
b. If upon expiration of the time as fixed the administrator
finds in writing that the violation has not been abated, the
administrator, notwithstanding sections 17A.18 and 17A.18A, shall
immediately order a cessation of coal mining and reclamation
operations relating to the violation until the order is modified,
vacated, or terminated by the administrator pursuant to procedures
outlined in this section. In the order of cessation issued by the
administrator under this subsection, the administrator shall include
the steps necessary to abate the violation in the most expeditious
manner possible.
3. When on the basis of an inspection the administrator
determines that a pattern of violations of the requirements of this
chapter or any permit conditions exists or has existed, and if the
administrator also finds that the violations are willful or caused by
the unwarranted failure of the operator to comply with any
requirements of this chapter or any permit conditions, the
administrator shall immediately issue an order to the operator to
show cause as to why the permit should not be suspended or revoked
and the bond or security forfeited, and shall provide opportunity for
a hearing as a contested case pursuant to chapter 17A. Upon the
operator's failure to show cause, the administrator shall immediately
suspend or revoke the permit.
4. a. A permittee may request in writing an appeal to the
committee of a decision made in a hearing under subsection 3 within
thirty days of the decision. The committee shall review the record
made in the contested case hearing, and may hear additional evidence
upon a showing of good cause for failure to present the evidence in
the hearing, or if evidence concerning events occurring after the
hearing is deemed relevant to the proceeding. However, the committee
shall not review a decision in a proceeding if the division seeks to
collect a civil penalty pursuant to section 207.15, and those
decisions are final agency actions subject to direct judicial review
as provided in chapter 17A.
b. The contested case hearing shall be scheduled within
thirty days of receipt of the request by the division. If the
decision in the contested case is to revoke the permit, the permittee
shall be given a specific period to complete reclamation, or the
attorney general shall be requested to institute bond forfeiture
proceedings.
5. In any administrative proceeding under this chapter or
judicial review, the amount of all reasonable costs and expenses,
including reasonable attorney fees incurred by a person in connection
with the person's participation in the proceedings or judicial
review, may be assessed against either party as the court in judicial
review or the committee in administrative proceedings deems proper.
6. Notices and orders issued pursuant to this section shall set
forth with reasonable specificity the nature of the violation and the
remedial action required, the period of time established for
abatement, and a reasonable description of the portion of the coal
mining and reclamation operation to which the notice or order
applies. Each notice or order issued under this section shall be
given promptly to the operator or an agent and all notices and orders
shall be in writing and signed. A notice or order issued pursuant to
this section may be modified, vacated, or terminated by the
administrator. Any notice or order issued pursuant to this section
which requires cessation of mining by the operator expires within
thirty days of actual notice to the operator unless a public hearing
is held at or near the site so that any viewings of the site can be
conducted during the course of the hearing.
7. a. A permittee issued a notice or order under this section
or any person having an interest which is or may be adversely
affected by the notice or order or by its modification, vacation, or
termination may apply to the committee for review within thirty days
of receipt of the notice or order or within thirty days of its
modification, vacation, or termination. The review shall be treated
as a contested case under chapter 17A.
b. Pending completion of any investigation or hearings
required by this section, the applicant may file with the division a
written request that the administrator grant temporary relief from
any notice or order issued under this section together with a
detailed statement giving reasons for granting such relief.
c. The administrator shall issue an order or decision
granting or denying the request for relief within five days of its
receipt. The administrator may grant such relief under such
conditions as the administrator may prescribe if all of the following
occur:
(1) A hearing has been held in the locality of the permit area in
which all parties were given an opportunity to be heard. The hearing
need not be held as a contested case under chapter 17A.
(2) The applicant shows that there is substantial likelihood that
the findings of the committee will be favorable to the applicant.
(3) Such relief will not adversely affect the health or safety of
the public or cause significant, imminent environmental harm to land,
air, or water resources.
8. At the request of the division, the attorney general shall
institute any legal proceedings, including an action for an
injunction or a temporary injunction necessary to enforce the penalty
provisions of this chapter or to obtain compliance with this chapter.
Injunctive relief may be requested to enforce a cessation order
issued by the administrator pending a hearing pursuant to subsection
4.
9. When on the basis of an inspection, or other information
available to the division, the administrator has reasonable cause to
believe that the operator is unable to complete reclamation of all or
a portion of the permit area as required by law, the administrator
shall issue an order to the operator to show cause as to why all or a
portion of the performance bond required by section 207.10 should not
be revoked. Section History: Early Form
[C81, § 83.14; 82 Acts, ch 1119, § 1, 2] Section History: Recent Form
85 Acts, ch 140, §2--4
C93, § 207.14
98 Acts, ch 1202, §35, 46; 2009 Acts, ch 41, §219
Referred to in § 207.10, 207.15