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Senate Study Bill 12

Conference Committee Text

PAG LIN
  1  1    Section 1.  Section 455B.173, subsection 3, unnumbered
  1  2 paragraph 3, Code 1995, is amended by striking the unnumbered
  1  3 paragraph.  
  1  4                           EXPLANATION
  1  5    Currently, section 455B.173, subsection 3, unnumbered
  1  6 paragraph 3, provides that a publicly owned waste water
  1  7 treatment works whose discharge meets the effluent limitations
  1  8 which were contained in its discharge permit on the date that
  1  9 construction of the works was approved by the department of
  1 10 natural resources shall not be required to meet more stringent
  1 11 effluent limitations for a period of not less than 10 years
  1 12 and no more than 12 years from the date the construction was
  1 13 completed and accepted.  This bill strikes that exemption from
  1 14 the effluent requirements.
  1 15    This bill may include a state mandate as defined in section
  1 16 25B.3.  
  1 17                      BACKGROUND STATEMENT
  1 18                     SUBMITTED BY THE AGENCY
  1 19    The provision contained in section 455B.173, subsection 3,
  1 20 unnumbered paragraph 3, which prevents the department of
  1 21 natural resources from requiring compliance with more
  1 22 stringent effluent limits for 10 years after construction of a
  1 23 wastewater treatment facility, is not consistent with the
  1 24 federal Water Pollution Control Act.  The United States
  1 25 environmental protection agency continues to maintain that
  1 26 failure to remove this provision will be a basis for
  1 27 initiating the process of taking back the authority of the
  1 28 department to administer the federal wastewater program in
  1 29 Iowa.  
  1 30 LSB 1254DP 76
  1 31 js/cf/24
     
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