Text: HF00617 Text: HF00619 Text: HF00600 - HF00699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 455B.193 ON-SITE WASTEWATER
1 2 TREATMENT AND DISPOSAL SYSTEM PROGRAM.
1 3 1. The department shall establish and administer an on-
1 4 site wastewater treatment and disposal system program to
1 5 provide financial assistance for the repair or replacement of
1 6 existing residential on-site wastewater treatment and disposal
1 7 systems located in unincorporated areas of the state.
1 8 2. An on-site wastewater treatment and disposal system
1 9 revolving fund is created in the office of the treasurer of
1 10 state to be administered by the department. The revolving
1 11 fund shall include moneys appropriated by the general assembly
1 12 or otherwise deposited in the fund. Moneys in the revolving
1 13 fund shall be used to provide low-interest loans to a county,
1 14 rural water district as created under chapter 357A or 504A, or
1 15 council of governments for the repair or replacement of
1 16 existing residential on-site wastewater treatment and disposal
1 17 systems located in unincorporated areas of the state. Up to
1 18 three percent of the moneys in the revolving fund may be used
1 19 by the department for administration of the on-site wastewater
1 20 treatment and disposal system program.
1 21 3. The department shall accept applications for financial
1 22 assistance under the on-site wastewater treatment and disposal
1 23 system program from a county, rural water district as created
1 24 under chapter 357A or 504A, or council of governments on a
1 25 quarterly basis. In the application, the applicant shall
1 26 identify the location of any on-site wastewater treatment and
1 27 disposal system which would be repaired or replaced under the
1 28 program. In order to qualify for financial assistance under
1 29 the program, all of the following must be in existence in the
1 30 county in which an on-site wastewater treatment and disposal
1 31 system is located:
1 32 a. Adoption and active enforcement of administrative rules
1 33 relating to on-site wastewater treatment and disposal systems.
1 34 b. A trained and qualified sanitarian or environmental
1 35 health specialist as a county employee.
2 1 c. Provision of continuing education of the sanitarian or
2 2 environmental health specialist.
2 3 d. An inspection and monitoring program on permitted on-
2 4 site wastewater treatment and disposal systems conducted by
2 5 the financial assistance recipient.
2 6 e. A long-term management and maintenance program for on-
2 7 site wastewater treatment and disposal systems in the
2 8 unincorporated area of the county.
2 9 f. A sewer plan for new subdivisions and developments in
2 10 the unincorporated area of the county.
2 11 g. Requirements regarding proper site analysis and system
2 12 design of all on-site wastewater treatment and disposal
2 13 systems in the unincorporated area of the county.
2 14 h. Requirements that an on-site wastewater treatment and
2 15 disposal system installer must be a qualified contractor as
2 16 determined by the financial assistance recipient.
2 17 i. An on-site wastewater treatment and disposal system
2 18 inspection program conducted at the time of sale or property
2 19 transfer by an environmental health specialist or sanitarian.
2 20 3A. A council of governments or a rural water district may
2 21 enter into an agreement with a county pursuant to chapter 28E
2 22 in order to establish the entity responsible for any duties
2 23 described in subsection 3.
2 24 4. Any moneys received by a county, rural water district
2 25 as created under chapter 357A or 504A, or council of
2 26 governments under the on-site wastewater treatment and
2 27 disposal system program shall be used to provide financial
2 28 assistance for the repair or replacement of existing
2 29 residential on-site wastewater treatment and disposal systems
2 30 located in unincorporated areas of the state. A county, rural
2 31 water district, or council of governments may use up to five
2 32 percent of any financial assistance received under the program
2 33 for administration purposes.
2 34 5. Loans under the on-site wastewater treatment and
2 35 disposal system program shall be repayable to the on-site
3 1 wastewater treatment and disposal system revolving fund in
3 2 installments as determined by the department. The term of a
3 3 loan shall not exceed ten years. The interest rate upon
3 4 delinquent payments shall accelerate immediately to the
3 5 current legal usury limit. Interest on the revolving fund
3 6 shall be deposited in the revolving fund. Notwithstanding
3 7 section 8.33, unobligated or unencumbered moneys credited to
3 8 the revolving fund shall not revert at the close of a fiscal
3 9 year.
3 10 6. The department shall adopt rules pursuant to chapter
3 11 17A to administer the on-site wastewater treatment and
3 12 disposal system program and administer the disbursement of
3 13 moneys from the on-site wastewater treatment and disposal
3 14 system revolving fund.
3 15 Sec. 2. Between January 1, 2000, and October 1, 2000, the
3 16 department of natural resources shall adopt rules and
3 17 implement an on-site wastewater treatment and disposal system
3 18 program. The program shall be established as part of the
3 19 sewage treatment works revolving loan fund established in
3 20 section 455B.295 not to exceed two million eight hundred
3 21 thousand dollars annually for a two-year period.
3 22 EXPLANATION
3 23 This bill creates an on-site wastewater treatment and
3 24 disposal system program and revolving fund. The bill provides
3 25 that the program shall be established by the department of
3 26 natural resources to provide financial assistance for the
3 27 repair or replacement of existing residential on-site
3 28 wastewater treatment and disposal systems located in
3 29 unincorporated areas of the state.
3 30 The bill provides that the on-site wastewater treatment and
3 31 disposal system revolving fund shall be used to provide low-
3 32 interest loans to a county, rural water district, or council
3 33 of governments which would then be used to provide financial
3 34 assistance to individuals for the repair or replacement of
3 35 existing residential on-site wastewater treatment and disposal
4 1 systems located in unincorporated areas of the state. The
4 2 bill provides that a county, rural water district, or council
4 3 of governments receiving a loan under the program may use up
4 4 to 5 percent of the loan amount for administration purposes.
4 5 The bill provides that the department shall accept
4 6 applications from a county, rural water district, or council
4 7 of governments on a quarterly basis and the department may use
4 8 up to 3 percent of the moneys in the fund for administration
4 9 of the program.
4 10 The bill provides that application to the department is
4 11 required to identify the location of any on-site wastewater
4 12 treatment and disposal system which would be repaired or
4 13 replaced under the program. The bill provides that in order
4 14 to receive a loan from the department under the program, the
4 15 county in which the on-site wastewater treatment and disposal
4 16 system is located must meet certain criteria relating to the
4 17 installation, inspection, monitoring, site analysis, system
4 18 design, and maintenance of on-site wastewater treatment and
4 19 disposal systems, employment of a sanitarian or environmental
4 20 health specialist by the county, and sewer planning in new
4 21 subdivisions and developments in unincorporated areas of a
4 22 county.
4 23 The bill provides that the department shall adopt rules to
4 24 administer the program and administer the disbursement of
4 25 moneys from the revolving fund.
4 26 The bill provides that the on-site wastewater treatment and
4 27 disposal program shall be established as part of the sewage
4 28 treatment works revolving loan fund, not to exceed $2.8
4 29 million annually for a period of two years.
4 30 LSB 1704HH 78
4 31 tm/gg/8.1
Text: HF00617 Text: HF00619 Text: HF00600 - HF00699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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