Senate File 46SENATE FILE BY BOLKCOM Passed Senate, Date Passed House, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to Iowa national pollutant discharge elimination 2 system program signage and providing a penalty. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1612XS 83 5 tm/nh/8 PAG LIN 1 1 Section 1. NEW SECTION. 455B.189 DISCHARGE POINT SIGNS. 1 2 1. A person holding an Iowa national pollutant discharge 1 3 elimination system program permit issued by the department 1 4 shall post or erect a conspicuous and legible sign of not less 1 5 than eighteen inches by twenty=four inches at all points of 1 6 discharge to surface waters. The location of the sign on the 1 7 property of the permit holder shall be as close in proximity 1 8 to the point of discharge into the surface water as is 1 9 reasonably possible while ensuring the maximum visibility from 1 10 the surface water and shore. 1 11 2. At a minimum, the sign shall include all of the 1 12 following: 1 13 a. A statement containing the words "Iowa state permitted 1 14 discharge point permit no. (insert permit number). For 1 15 information on this discharge you can contact: (insert contact 1 16 information)". 1 17 b. The Iowa national pollutant discharge elimination 1 18 system program permit number issued by the department. 1 19 c. The name and telephone number of the permit holder 1 20 which shall be the business office repository of the permit 1 21 holder. 1 22 3. A permit holder shall provide for public review, at the 1 23 business office repository of the permit holder or at an 1 24 off=premises location of the permit holder's choice, all 1 25 discharge monitoring records prepared by the permit holder to 1 26 demonstrate compliance with the Iowa national pollutant 1 27 discharge elimination system program permit conditions. A 1 28 copy of all discharge monitoring records shall be placed on 1 29 file at such locations at the same time the records are sent 1 30 to the department. This information shall be kept on file for 1 31 the period during which the permit is effective. 1 32 4. A permit holder shall periodically and reasonably 1 33 maintain the sign to ensure that the sign is still legible, 1 34 visible, and factually correct. A good faith documented 1 35 effort by the permit holder to maintain the sign is an 2 1 affirmative defense in any action relating to the unauthorized 2 2 absence of a sign. 2 3 5. A person violating a provision of this section is 2 4 subject to a civil penalty of not more than one hundred 2 5 dollars per day for each day such violation continues. 2 6 Sec. 2. Section 455B.191, subsection 1, Code 2009, is 2 7 amended to read as follows: 2 8 1. Any person who violates any provision of part 1 of 2 9 division III of this chapter or any permit, rule, standard, or 2 10 order issued under part 1 of division III of this chapter 2 11 shall be subject to a civil penalty not to exceed five 2 12 thousand dollars for each day of such violation. This section 2 13 shall not apply to violations of section 455B.189. 2 14 EXPLANATION 2 15 This bill relates to Iowa national pollutant discharge 2 16 elimination system program signage. 2 17 The bill requires a person holding an Iowa national 2 18 pollutant discharge elimination system program permit issued 2 19 by the department of natural resources to post or erect a 2 20 conspicuous and legible sign at all points of discharge to 2 21 surface waters. The bill provides size, content, and location 2 22 requirements for the signage. 2 23 The bill requires a permit holder to provide for public 2 24 review, at the business office repository of the permit holder 2 25 or at an off=premises location of the permit holder's choice, 2 26 all discharge monitoring records prepared by the permit holder 2 27 to demonstrate compliance with the Iowa national pollutant 2 28 discharge elimination system program permit conditions. 2 29 The bill requires that a permit holder shall periodically 2 30 and reasonably maintain the sign to ensure that the sign is 2 31 still legible, visible, and factually correct. The bill 2 32 provides that a good faith documented effort by the permit 2 33 holder to maintain the sign is an affirmative defense in any 2 34 action relating to the unauthorized absence of a sign. 2 35 The bill provides for a civil penalty of not more than $100 3 1 per day for each day a violation continues. The penalty in 3 2 the bill is in place of the general penalty provisions 3 3 provided in Code section 455B.191. 3 4 LSB 1612XS 83 3 5 tm/nh/8.1