Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IV - Wastewater Treatment and Disposal › Chapter 65 - Animal Feeding Operations › Rule 567-65.4 - Complaint Investigations

Current through Register Vol. 47, No. 3, July 24, 2024
Complaints of violations of Iowa Code chapters 455B, 459,
				  459A and 459B and this rule, which are received by the department or are
				  forwarded to the department by a county, following a county board of
				  supervisors' determination that a complainant's allegation constitutes a
				  violation, shall be investigated by the department if it is determined that the
				  complaint is legally sufficient and an investigation is justified.
(1) If after evaluating a complaint to
				determine whether the allegation may constitute a violation, without
				investigating whether the facts supporting the allegation related to violations
				of the Iowa Code or this chapter are true or untrue, the county board of
				supervisors shall forward its finding to the department director.
(2) A complaint is legally sufficient if it
				contains adequate information to investigate the complaint and if the
				allegation constitutes a violation, without investigating whether the facts
				supporting the allegation are true or untrue, of rules adopted by the
				department; Iowa Code chapters 455B, 459, 459A and 459B or environmental
				standards in regulations subject to federal law and enforced by the
				department.
(3) The department in
				its discretion shall determine the urgency of the investigation, and the time
				and resources required to complete the investigation, based upon the
				circumstances of the case, including the severity of the threat to the quality
				of surface water or groundwater.
(4) The department shall notify the
				complainant and the alleged violator if an investigation is not conducted
				specifying the reason for the decision not to investigate.
(5) The department will notify the county
				board of supervisors where the violation is alleged to have occurred before
				doing a site investigation unless the department determines that a clear,
				present and impending danger to the public health or environment requires
				immediate action.
(6) The county
				board of supervisors may designate a county employee to accompany the
				department on the investigation of any site as a result of a
				complaint.
(7) A county employee
				accompanying the department on a site investigation has the same right of
				access to the site as the department official conducting the investigation
				during the period that the county designee accompanies the department official.
				The county shall not have access to records required in subrule
				65.111(9).
(8) Upon completion of
				an investigation, the department shall notify the complainant of the results of
				the investigation, including any anticipated, pending or complete enforcement
				action arising from the investigation. The department shall deliver a copy of
				the notice to the AFO or animal truck wash facility that is the subject of the
				complaint, any alleged violators if different from the AFO or animal truck wash
				facility and the county board of supervisors of the county where the violation
				is alleged to have occurred.
(9)
				When a person who is a department official, an agent of the department, or a
				person accompanying the department official or agent enters the premises of an
				AFO or animal truck wash facility, both of the following shall apply:
a. The person may enter at any reasonable
				time in and upon any private or public property to investigate any actual or
				possible violation of this chapter or the rules or standards adopted under this
				chapter. However, the owner or person in charge shall be notified.
(1) If the owner or occupant of any property
				refuses admittance to the operation, or if prior to such refusal the director
				demonstrates the necessity for a warrant, the director may make application
				under oath or affirmation to the district court of the county in which the
				property is located for the issuance of a search warrant.
(2) In the application, the director shall
				state that an inspection of the premises is mandated by the laws of this state
				or that a search of certain premises, areas, or things designated in the
				application may result in evidence tending to reveal the existence of
				violations of public health, safety, or welfare requirements imposed by
				statutes, rules or ordinances established by the state or a political
				subdivision thereof. The application shall describe the area, premises, or
				thing to be searched; give the date of the last inspection if known; give the
				date and time of the proposed inspection; declare the need for such inspection;
				recite that notice of desire to make an inspection has been given to affected
				persons and that admission was refused if that be the fact; and state that the
				inspection has no purpose other than to carry out the purpose of the statute,
				ordinance, or regulation pursuant to which inspection is to be made. If an item
				of property is sought by the director, it shall be identified in the
				application.
(3) If the court is
				satisfied from the examination of the applicant, and of other witnesses, if
				any, and of the allegations of the application of the existence of the grounds
				of the application, or that there is probable cause to believe their existence,
				the court may issue such search warrant.
(4) In making inspections and searches
				pursuant to the authority of this rule, the director must execute the warrant:
1. Within ten days after its date.
2. In a reasonable manner, and any property
				seized shall be treated in accordance with the provisions of Iowa Code chapters
				808, 809, and 809A.
3. Subject to
				any restrictions imposed by the statute, ordinance or regulation pursuant to
				which inspection is made.