207.17 - CITIZEN SUITS.
207.17 CITIZEN SUITS.
1. A person having an interest which is or may be adversely
affected may commence a civil action on the person's own behalf to
compel compliance with this chapter as follows:
a. Against the division or any other governmental agency or
subdivision which is alleged to be in violation of the provisions of
this chapter or of any rule, order or permit issued or against any
other person who is alleged to be in violation of any rule, order or
permit issued pursuant to this chapter.
b. Against the division where there is alleged a failure of
the division to perform any act or duty required under this chapter.
The suit shall be filed in the county where the mining operation is
or, if against the division, in the district court for Polk county or
the county of the petitioner's residence.
2. An action shall not be commenced:
a. Under subsection 1, paragraph "a" of this section
until sixty days after the plaintiff has given notice in writing of
the violation to the division and to any alleged violator, or if the
state has commenced and is diligently prosecuting a civil action
against that operator for compliance with the provisions of this
chapter; however, the person may intervene in the action as a matter
of right.
b. Under subsection 1, paragraph "b" of this section
until sixty days after the plaintiff has given notice in writing to
the division in the manner provided by rule; however, if the
violation or order complained of constitutes an imminent threat to
the health or safety of the plaintiff or would immediately affect a
legal interest of the plaintiff, the action may be brought
immediately after giving notice.
3. The division may intervene in any action under this section.
4. The court, in issuing a final order in an action brought
pursuant to subsection 1 of this section, may award costs of
litigation including attorney and expert witness fees to any party.
5. This section does not restrict a right which any person or
class may have under a statute or common law to seek enforcement of
any of the provisions of this chapter or to seek any other relief.
The availability of judicial review of the actions of the division
shall not restrict any rights established by this section.
6. A person whose person or property is injured through the
violation by any operator of a rule, order, or permit issued pursuant
to this chapter may bring an action for damages including reasonable
attorney and expert witness fees only in the county in which the coal
mining operation complained of is located. This subsection shall not
affect the rights or limits under workers' compensation as provided
in chapter 85. Section History: Early Form
[C81, § 83.17] Section History: Recent Form
C93, § 207.17