Text: SF00216 Text: SF00218 Text: SF00200 - SF00299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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 permit issued by the department shall post
1 4 or erect a conspicuous and legible sign of not less than
1 5 eighteen inches by twenty-four inches at all discharge points
1 6 to surface waters, except for any site where the discharge is
1 7 composed exclusively of storm water runoff. The sign shall
1 8 include all of the following information:
1 9 a. A statement containing the words "Iowa state permitted
1 10 discharge point permit no. (insert permit number). For
1 11 information on this discharge you can contact:".
1 12 b. The Iowa national pollutant discharge elimination
1 13 system permit number issued by the department.
1 14 c. The name and telephone number of the permit holder
1 15 which shall be the business office repository of the permit
1 16 holder.
1 17 2. A permit holder shall provide for public review at the
1 18 business office repository of the permit holder or at the off-
1 19 premises location of the permit holder's choice all discharge
1 20 monitoring records prepared by the permit holder to
1 21 demonstrate compliance with the Iowa national pollutant
1 22 discharge elimination system permit conditions. A copy of all
1 23 discharge monitoring records shall be placed on file at such
1 24 location at the same time the records are sent to the
1 25 department. This information shall be kept on file for the
1 26 period during which the permit is effective.
1 27 3. The department shall, as part of the terms and
1 28 conditions of a permit, establish the actual appearance and
1 29 location of the sign on the property of the permit holder
1 30 which shall be in as close proximity to the point of discharge
1 31 into the surface water as is reasonably possible while
1 32 ensuring the maximum visibility from the surface water and
1 33 shore.
1 34 4. The permit holder shall periodically and reasonably
1 35 maintain the sign to ensure that the sign is still legible,
2 1 visible, and factually correct. A good faith documented
2 2 effort by a permit holder to maintain the sign is an
2 3 affirmative defense in any action relating to the unauthorized
2 4 absence of a sign.
2 5 5. The department may waive all or part of the
2 6 requirements of this section if the department determines any
2 7 of the following circumstances exist:
2 8 a. The sign cannot be reasonably maintained.
2 9 b. The sign would be inconsistent with the provisions of
2 10 another statute.
2 11 c. The sign could not be located in a manner which serves
2 12 a public purpose.
2 13 d. The nature of the discharge is temporary and of a
2 14 relatively short duration.
2 15 e. The discharge is not a major, significant discharge.
2 16 6. A person violating a provision of this section is
2 17 subject to a civil penalty of not more than one hundred
2 18 dollars per day for each day such violation continues.
2 19 Sec. 2. Section 455B.191, subsection 1, Code 1999, is
2 20 amended to read as follows:
2 21 1. Any person who violates any provision of part 1 of
2 22 division III of this chapter or any permit, rule, standard, or
2 23 order issued under part 1 of division III of this chapter
2 24 shall be subject to a civil penalty not to exceed five
2 25 thousand dollars for each day of such violation. This section
2 26 shall not apply to violations of section 455B.189 or any
2 27 permit, rule, or standard issued under section 455B.189.
2 28 EXPLANATION
2 29 This bill creates a new Code section which requires a
2 30 person holding an Iowa national pollutant discharge
2 31 elimination system permit issued by the department of natural
2 32 resources to post a sign of not less than 18 inches by 24
2 33 inches at all discharge points to surface waters, except for
2 34 any site where the discharge is composed of exclusively storm
2 35 water runoff. The bill provides that the sign shall provide
3 1 information which would identify the permit holder and allow
3 2 the permit holder to be contacted. The bill requires a permit
3 3 holder to provide public review of all discharge monitoring
3 4 records prepared by the permit holder. The bill provides that
3 5 the department shall establish the actual appearance and
3 6 location of the sign and the permit holder shall be
3 7 responsible for periodically and reasonably maintaining the
3 8 sign to ensure the sign is still legible, visible, and
3 9 factually correct. The bill allows the department to waive
3 10 all or part of the signage requirements if certain
3 11 circumstances exist. The bill provides for a civil penalty of
3 12 not more than $100 per day for each day a violation of the new
3 13 Code section continues. The penalty provided in the bill is
3 14 in place of the general penalty provisions provided in Code
3 15 section 455B.191.
3 16 LSB 2183SS 78
3 17 tm/gg/8.1
Text: SF00216 Text: SF00218 Text: SF00200 - SF00299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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