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PAG LIN 1 1 SENATE FILE 214 1 2 1 3 AN ACT 1 4 RELATING TO THE REGULATION OF THE USE AND DISPOSAL OF 1 5 SEWAGE SLUDGE AND PROVIDING A PENALTY. 1 6 1 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 8 1 9 Section 1. Section 455B.171, subsection 7, Code 1997, is 1 10 amended to read as follows: 1 11 7. "Disposal system" means a system for disposing of 1 12 sewage, industrial waste,andor other wastesand, or for the 1 13 use or disposal of sewage sludge. "Disposal system" includes 1 14 sewer systems, treatment works, point sources,anddispersal 1 15 systems, and any systems designed for the usage or disposal of 1 16 sewage sludge. 1 17 Sec. 2. Section 455B.171, Code 1997, is amended by adding 1 18 the following new subsections: 1 19 NEW SUBSECTION. 25A. "Septage" means the liquid and solid 1 20 material pumped from a septic tank, cesspool, or similar 1 21 domestic sewage treatment system, or from a holding tank, when 1 22 the system is cleaned or maintained. 1 23 NEW SUBSECTION. 26A. "Sewage sludge" means any solid, 1 24 semisolid, or liquid residue removed during the treatment of 1 25 municipal waste water or domestic sewage. "Sewage sludge" 1 26 includes, but is not limited to, solids removed during 1 27 primary, secondary, or advanced waste water treatment, scum 1 28 septage, portable toilet pumpings, type III marine device 1 29 pumpings as defined in 33 C.F.R. part 159, and sewage sludge 1 30 products. "Sewage sludge" does not include grit, screenings, 1 31 or ash generated during the incineration of sewage sludge. 1 32 Sec. 3. Section 455B.172, Code 1997, is amended by adding 1 33 the following new subsection: 1 34 NEW SUBSECTION. 9. Any county ordinance related to sewage 1 35 sludge which is in effect on March 1, 1997, shall not be 2 1 preempted by any provision of section 455B.171, 455B.174, 2 2 455B.183, or 455B.304. 2 3 Sec. 4. Section 455B.174, subsection 4, paragraph a, 2 4 unnumbered paragraph 1, Code 1997, is amended to read as 2 5 follows: 2 6 Approve or disapprove the plans and specifications for the 2 7 construction of disposal systems or public water supply 2 8 systems except for those sewer extensions and water supply 2 9 distribution system extensions which are reviewed by a city or 2 10 county public works department as set forth in section 2 11 455B.183. The director shall issue, revoke, suspend, modify, 2 12 or deny permits for the operation, installation, construction, 2 13 addition to, or modification of any disposal system or public 2 14 water supply system except for sewer extensions and water 2 15 supply distribution system extensions which are reviewed by a 2 16 city or county public works department as set forth in section 2 17 455B.183. The director shall also issue, revoke, suspend, 2 18 modify, or deny permits for the discharge of any pollutant, or 2 19 for the use or disposal of sewage sludge. The permits shall 2 20 contain conditions and schedules of compliance as necessary to 2 21 meet the requirements of this part of this division, the 2 22 federal Water Pollution Control Act and the federal Safe 2 23 Drinking Water Act. A permit issued under this chapter for 2 24 the use or disposal of sewage sludge is in addition to and 2 25 must contain references to any other permits required under 2 26 this chapter. The director shall not issue or renew a permit 2 27 to a disposal system or a public water supply system which is 2 28 not viable. If the director has reasonable grounds to believe 2 29 that a disposal system or public water supply system is not 2 30 viable, the department may require the system to submit a 2 31 business plan as a means of determining viability. This plan 2 32 shall include the following components: 2 33 Sec. 5. Section 455B.183, subsection 1, Code 1997, is 2 34 amended to read as follows: 2 35 1. The construction, installation, or modification of any 3 1 disposal system or public water supply system or part thereof 3 2 or any extension or addition thereto except those sewer 3 3 extensions and water supply distribution system extensions 3 4 that are subject to review and approval by a city or county 3 5 public works department pursuant to this section, the use or 3 6 disposal of sewage sludge, and private sewage disposal 3 7 systems. A permit shall be issued for the construction, 3 8 installation, or modification of a public water supply system 3 9 or part of a system if a qualified, registered engineer 3 10 certifies to the department that the plans for the system or 3 11 part of the system meet the requirements of state and federal 3 12 law or regulations. The permit shall state that approval is 3 13 based only upon the engineer's certification that the system's 3 14 design meets the requirements of all applicable state and 3 15 federal laws and regulations and the review of the department 3 16 shall be advisory. 3 17 Sec. 6. Section 455B.183, subsection 3, unnumbered 3 18 paragraph 1, Code 1997, is amended to read as follows: 3 19 The operation of any waste disposal system or public water 3 20 supply system or any part of or extension or addition to the 3 21 system. This provision does not apply to a pretreatment 3 22 system the effluent of which is to be discharged directly to 3 23 another disposal system for final treatment and disposal, a 3 24semi-publicsemipublic sewage disposal system, the 3 25 construction of which has been approved by the department and 3 26 which does not discharge into water of the state or a private 3 27 sewage disposal system which does not discharge into a water 3 28 of the state. Sludge from a semipublic or private sewage 3 29 disposal system shall be disposed of in accordance with the 3 30 rules adopted by the department pursuant to chapter 17A. The 3 31 exemption of this paragraph shall not apply to any industrial 3 32 waste discharges. 3 33 Sec. 7. Section 455B.304, subsection 2, Code 1997, is 3 34 amended to read as follows: 3 35 2. The commission shall adopt rules that allow the use of 4 1 wet or dry sludge from publicly owned treatment works for land 4 2 application. A sale of wet or dry sludge for the purpose of 4 3 land application shall be accompanied by a written agreement 4 4 signed by both parties which contains a general analysis of 4 5 the contents of the sludge. The heavy metal content of the 4 6 sludge shall not exceed that allowed by rules of the 4 7 commission. An owner of a publicly owned treatment works 4 8 which sells wet or dry sludgeis not subject to criminal4 9liability for acts or omissions in connection with a sale, and4 10 is not subject to any action by the purchaser to recover 4 11 damages for harm to person or property caused by sludge that 4 12 is delivered pursuant to a sale unless it is a result of a 4 13 violation of the written agreement or if the heavy metal 4 14 content of the sludge exceeds that allowed by rules of the 4 15 commission. Nothing in this section shall provide immunity to 4 16 any person from action by the department pursuant to section 4 17 455B.307. The rulespromulgatedadopted under this subsection 4 18 shall be generally consistent with those rules of the 4 19 department existing on January 1, 1982, regarding the land 4 20 application of municipal sewage sludge except that they may 4 21 provide for different methods of application for wet sludge. 4 22 4 23 4 24 4 25 MARY E. KRAMER 4 26 President of the Senate 4 27 4 28 4 29 4 30 RON J. CORBETT 4 31 Speaker of the House 4 32 4 33 I hereby certify that this bill originated in the Senate and 4 34 is known as Senate File 214, Seventy-seventh General Assembly. 4 35 5 1 5 2 5 3 MARY PAT GUNDERSON 5 4 Secretary of the Senate 5 5 Approved , 1997 5 6 5 7 5 8 5 9 TERRY E. BRANSTAD 5 10 Governor
Text: SF00213 Text: SF00215 Text: SF00200 - SF00299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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