Section 571.13.15. Violations; types of enforcement actions; citation and notice of violation.

       13.15(1) Violations.

        a.           A person shall be in violation of these rules and Iowa Code section 461A.4 in the event the person does any of the following:

       (1)             Performs construction on or undertakes other activities that alter the physical characteristics of public lands or waters under the jurisdiction of or managed by the commission without a permit required by these rules;

       (2)             Performs such work out of conformance with specific requirements enumerated in a permit issued in accordance with these rules; or

       (3)             Fails to comply with an order of the commission under these rules.

        b.           Each day of a violation shall be considered a separate offense.

       13.15(2) Types of enforcement actions. A person who violates these rules shall be subject to either of the following:

        a.           Criminal enforcement. A peace officer of the state may issue a citation for each offense. A person who is found guilty of violating these rules shall be charged with a simple misdemeanor for each violation.

        b.           Civil enforcement. A civil penalty may be assessed in conformance with Iowa Code section 461A.5B and rule 571—13.17(455A,461A). Written notice of the violation(s) shall be given to the person against whom disciplinary action is being considered. The notice shall state the informal and formal procedures available for determining the matter. If agreement as to appropriate disciplinary sanction, if any, can be reached between the director and the person against whom disciplinary action is being considered, a written stipulation and settlement between the department and the person shall be entered. Such a settlement shall take into account how the corrective actions described in subrule 13.15(3) shall be accomplished. In addition, the stipulation and settlement shall recite the basic facts and violations alleged, any facts brought forth by the person, and the reasons for the particular sanctions imposed. If an agreement as to appropriate disciplinary action, if any, cannot be reached, the director may issue an administrative order as described in rule 571—13.17(455A,461A).

       13.15(3) Actions to be taken upon receipt of citation or notice of violation. A person who has violated these rules shall cease the specified unauthorized activity upon receipt of a citation or as may be stipulated in the notice of violation. The notice of violation or a written notice accompanying the citation from the department shall require the person to take one or more of the following actions within a specified time:

        a.           Apply for a permit to authorize completion of construction or maintenance and use, as applicable;

        b.           Remove materials and restore the affected area to the condition that existed before commencement of the unauthorized activity;

        c.           Remediate the affected area in a manner and according to a plan approved by the department. The department may enforce such a remediation at the expense of the permittee, adjacent landowner or culpable party.

[ARC 7616B, IAB 3/11/09, effective 4/15/09]