Text: HF02232 Text: HF02234 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. NEW SECTION. 137.6A CERTAIN SEWAGE DISPOSAL 1 2 SYSTEMS. 1 3 Each local board of health has authority over and shall 1 4 adopt rules relating to the regulation and maintenance of 1 5 private sewage disposal systems, as defined by section 1 6 455B.171, and semi-public sewage disposal systems, as defined 1 7 by section 455B.171, located within the local board's 1 8 jurisdiction. 1 9 Sec. 2. Section 137.7, subsection 4, Code 1995, is amended 1 10 to read as follows: 1 11 4. May issue licenses and permits and charge reasonable 1 12 fees therefor in relation to the collection or disposal of 1 13 solid waste and the construction or operation of private water 1 14 suppliesor sewage disposal facilities. 1 15 Sec. 3. Section 455B.172, subsections 2, 3, and 4, Code 1 16 1995, are amended to read as follows: 1 17 2. The department shall carry out the responsibilities of 1 18 the state related to private water suppliesand private sewage1 19disposal systemsfor the protection of the environment and the 1 20 public health and safety of the citizens of the state. 1 21 3. Each county board of health shall adopt standards for 1 22 private water suppliesand private sewage disposal facilities. 1 23 These standards shall be at least as stringent but consistent 1 24 with the standards adopted by the commission. If a county 1 25 board of health has not adopted standards for private water 1 26 suppliesand private sewage disposal facilities, the standards 1 27 adopted by the commission shall be applied and enforced within 1 28 the county by the county board of health. 1 29 4. Each county board of health shall regulate the private 1 30 water supplyand private sewage disposal facilitieslocated 1 31 within the county board's jurisdiction, including the 1 32 enforcement of standards adopted pursuant to this section. 1 33 Sec. 4. Section 455B.172, subsection 5, unnumbered 1 34 paragraphs 1 and 2, Code 1995, are amended to read as follows: 1 35 The department shall maintain jurisdiction over and 2 1 regulate the direct discharge to a water of the state. The 2 2 department shall retain concurrent authority to enforce state 2 3 standards for private water supplyand private sewage disposal2 4facilitieswithin a county, and exercise departmental 2 5 authority if the county board of health fails to fulfill board 2 6 responsibilities pursuant to this section. 2 7The department shall by rule adopt standards for the2 8commercial cleaning of private sewage disposal facilities,2 9including but not limited to septic tanks and pits used to2 10collect waste in livestock confinement structures, and for the2 11disposal of waste from the facilities. The standards shall2 12not be in conflict with the state building code. A person2 13shall not commercially clean such facilities or dispose of2 14waste from such facilities unless the person has been issued a2 15license by the department. The department shall be2 16exclusively responsible for adopting the standards and issuing2 17licenses. However, county boards of health shall enforce the2 18standards and licensing requirements established by the2 19department. Application for the license shall be made in the2 20manner provided by the department. Licenses expire one year2 21from the date of issue unless revoked and may be renewed in2 22the manner provided by the department. The license or license2 23renewal fee is twenty-five dollars. A person violating this2 24section or the rules adopted pursuant to this section, is2 25subject to a civil penalty of not more than twenty-five2 26dollars. Each day that a violation continues constitutes a2 27separate offense. However, the total civil penalty shall not2 28exceed five hundred dollars per year. The penalty shall be2 29assessed for a violation occurring ten days following written2 30notice of the violation delivered to the person by the2 31department or a county board of health. Moneys collected by2 32the department or a county board of health from the imposition2 33of civil penalties shall be deposited in the general fund of2 34the state.2 35 Sec. 5. Section 455B.172, Code 1995, is amended by adding 3 1 the following new subsection: 3 2 NEW SUBSECTION. 4A. This state, its departments, 3 3 agencies, boards, bureaus, and commissions shall not possess 3 4 regulatory authority over private sewage disposal systems and 3 5 semi-public sewage disposal systems. Such regulatory 3 6 authority rests with a local board of health as provided in 3 7 section 137.6A. 3 8 Sec. 6. Section 455B.183, subsection 3, unnumbered 3 9 paragraph 1, Code 1995, is amended to read as follows: 3 10 The operation of any waste disposal system or public water 3 11 supply system or any part of or extension or addition to the 3 12 system. This provision does not apply to a pretreatment 3 13 system the effluent of which is to be discharged directly to 3 14 another disposal system for final treatment and disposal, a 3 15 semi-public sewage disposal system,the construction of which3 16has been approved by the department and which does not3 17discharge into water of the stateor a private sewage disposal 3 18 systemwhich does not discharge into a water of the state. 3 19 The exemption of this paragraph shall not apply to any 3 20 industrial waste discharges. 3 21 EXPLANATION 3 22 Currently, section 455B.172, subsections 1 through 5, grant 3 23 the authority for regulation of private sewage disposal 3 24 systems to each county board of health and require that the 3 25 standards that each county adopts must be at least as 3 26 stringent as the standards adopted by the environmental 3 27 protection commission. This bill authorizes a local board of 3 28 health to set standards by rule relating to the regulation of 3 29 private sewage disposal systems and semi-public sewage 3 30 disposal systems located within the county board's 3 31 jurisdiction. The bill provides that the state of Iowa and 3 32 its agencies shall not possess regulatory authority over 3 33 private sewage disposal systems and semi-public sewage 3 34 disposal systems. 3 35 A "private sewage disposal facility" is defined as a system 4 1 which provides for the treatment or disposal of domestic 4 2 sewage from four or fewer dwelling units or the equivalent of 4 3 16 individuals on a continuing basis. 4 4 A "semi-public sewage disposal system" means a system for 4 5 the treatment or disposal of domestic sewage which is not a 4 6 private sewage disposal system and which is not owned by a 4 7 city, a sanitary sewer district, or a designated and approved 4 8 management agency under section 1288 of the federal Water 4 9 Pollution Control Act, 33 U.S.C. } 1288. 4 10 The bill includes other changes which eliminate existing 4 11 provisions relating to state regulation over private sewage 4 12 disposal facilities and semi-private sewage disposal systems. 4 13 Specifically, existing provisions pertaining to the commercial 4 14 cleaning of private sewage disposal facilities and the 4 15 licensing of cleaners of such facilities are eliminated. 4 16 This bill also eliminates the existing provision 4 17 prohibiting a local board of health from unreasonably 4 18 interfering with existing patterns of private professional 4 19 practice of licensed practitioners of the healing arts when a 4 20 local board of health issues licenses and permits and charges 4 21 reasonable fees thereof in relation to the construction or 4 22 operation of sewage disposal facilities. 4 23 LSB 3894HH 76 4 24 kah/cf/24.2
Text: HF02232 Text: HF02234 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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