Iowa Administrative Code › Agency 199 - Utilities Division › Chapter 13 - Hazardous Liquid Pipelines and Underground Storage › Rule 199-13.4 - Notice of Hearing

Current through Register Vol. 47, No. 3, July 24, 2024
(1) When a
			 petition for permit is filed with the commission, the petition shall be
			 reviewed by commission staff for compliance with applicable laws. Once
			 commission staff has completed the review and filed a report regarding the
			 proposed pipeline and petition, the petition shall be set for hearing. This
			 subrule does not apply to renewal petitions filed pursuant to rule
			 199-13.8 (479B) which do not require a hearing.
(2) The pipeline company shall be furnished
			 copies of the official notice of hearing, which the pipeline company shall
			 cause to be published once each week for two consecutive weeks in a newspaper
			 of general circulation in each county in or through which construction is
			 proposed. The second publication shall be not less than 10 and no more than 30
			 days prior to the date of the hearing. Proof of publication shall be filed
			 prior to the hearing.
(3) The
			 published notice shall include a map showing either the pipeline route or the
			 area affected by underground hazardous liquid storage, or a telephone number
			 and an address through which interested persons may obtain a copy of a map from
			 the pipeline company at no charge. If a map other than that filed as Exhibit B
			 will be published or provided, a copy shall be filed with the
			 petition.
(4) If a petition for
			 permit seeks the right of eminent domain, the pipeline company shall, in
			 addition to the published notice of hearing, serve a copy of the notice of
			 hearing on the landowners and any affected person with an interest in the
			 property over which eminent domain is sought. A copy of the Exhibit H filed
			 with the commission for the affected property shall accompany the notice.
			 Service shall be by certified United States mail, return receipt requested,
			 addressed to the person's last-known address, and this notice shall be mailed
			 no later than the first day of publication of the official notice of hearing on
			 the petition. Not less than five days prior to the date of the hearing, the
			 pipeline company shall file with the commission a certificate of service
			 showing all persons and addresses to which notice was sent by certified mail,
			 the date of the mailing, and an affidavit that all affected persons were
			 served.
(5) If a petition does not
			 seek the right of eminent domain, but all required interests in private
			 property have not yet been obtained at the time the petition is filed, a copy
			 of the notice of hearing shall be served upon any affected person with
			 interests in the property. Service shall be by ordinary mail, addressed to the
			 last-known address, and mailed no later than the first day of publication of
			 the official notice. A copy of each letter of notification, or one copy of the
			 letter accompanied by a written statement listing all persons to whom the
			 notice was mailed, the date of mailing, and an affidavit that all affected
			 persons were served, shall be filed with the commission not less than five days
			 prior to the hearing.