644.056. Investigations, when--misrepresentation or failure to disclose a violation, when--abatement orders and abatement complaints, when--permits terminated, when--hearings--final determination.
Investigations, when--misrepresentation or failure to disclose aviolation, when--abatement orders and abatement complaints,when--permits terminated, when--hearings--final determination.
644.056. 1. The director shall cause investigations to be made uponthe request of the commission or upon receipt of information concerningalleged violations of sections 644.006 to 644.141 or any standard,limitation, order, rule or regulation promulgated pursuant thereto, or anyterm or condition of any permit and may cause to be made any otherinvestigations he or she deems advisable. Violations shall includeobtaining a permit by misrepresentation or failure to fully disclose allrelevant facts.
2. If, in the opinion of the director, the investigation disclosesthat a violation does exist, the director may, by conference, conciliationor persuasion, endeavor to eliminate the violation.
3. In case of the failure by conference, conciliation or persuasionto correct or remedy any claimed violation, or as required to immediatelyand effectively halt or eliminate any imminent or substantial endangermentsto the health or welfare of persons resulting from the discharge ofpollutants, the director shall order abatement or file an abatementcomplaint with the commission if no permit has been issued, or in additionmay file a complaint to revoke a permit if such permit has been issued.When the director files a complaint, the commission shall order a hearing.The director shall cause to have issued and served upon the personcomplained against a written notice of the order or complaint, togetherwith a copy of the order or complaint, which shall specify the provision ofsections 644.006 to 644.141 or the standard, rule, limitation, orregulation adopted pursuant thereto, or the condition of the permit ofwhich the person is alleged to be in violation, and a statement of themanner in which and the extent to which the person is alleged to violatesections 644.006 to 644.141 or the standard, rule, limitation, orregulation, or condition of the permit. In any case involving a complaint,the commission shall require the person complained against to answer thecharges of the formal complaint at a hearing before the commission at atime not less than thirty days after the date of notice. Service may bemade upon any person within or without the state by registered mail, returnreceipt requested. Any person against whom the director issues an ordermay appeal the order to the commission within thirty days and the appealshall stay the enforcement of the order until final determination by thecommission. The commission shall set appeals for a hearing at a time notless than thirty days after the date of the request. The commission maysustain, reverse, or modify the director's order or may make such otherorders as the commission deems appropriate under the circumstances. If anyorder issued by the director is not appealed within the time provided inthis section, the order becomes final and may be enforced as provided insection 644.076.
4. Permits may be terminated or modified if obtained in violation ofsections 644.006 to 644.141 or by misrepresentation or failing to fullydisclose all relevant facts, or when required to prevent violations of anyprovision of sections 644.006 to 644.141, or to protect the waters of thisstate, when such action is required by a change in conditions or theexistence of a condition which requires either a temporary or permanentreduction or elimination of the authorized discharge, subject to the rightof appeal contained in this section.
5. When the commission schedules a matter for hearing, the petitioneron appeal or the respondent to a formal complaint may appear at the hearingin person or by counsel, and may make oral argument, offer testimony andevidence, and cross-examine witnesses.
6. After due consideration of the record, or upon default inappearance of the respondent on the return day specified in the noticegiven as provided in subsection 3, the commission shall issue and entersuch final order, or make such final determination as it deems appropriateunder the circumstances, and it shall immediately notify the petitioner orrespondent thereof in writing by certified or registered mail.
(L. 1972 S.B. 424, A.L. 1973 S.B. 259, S.B. 321, A.L. 2000 S.B. 741)*Transferred 1986; formerly 204.056