Text: SF00052 Text: SF00054 Text: SF00000 - SF00099 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 program permit issued by the department 1 4 shall post or erect a conspicuous and legible sign of not less 1 5 than eighteen inches by twenty-four inches at all discharge 1 6 points to surface waters, except for any site where the 1 7 discharge is composed exclusively of storm water runoff. The 1 8 sign shall 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 program 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 program permit conditions. A 1 23 copy of all discharge monitoring records shall be placed on 1 24 file at such location at the same time the records are sent to 1 25 the department. This information shall be kept on file for 1 26 the 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 2001, 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. 2 27 EXPLANATION 2 28 This bill creates a new Code section which requires a 2 29 person holding an Iowa national pollutant discharge 2 30 elimination system program permit issued by the department of 2 31 natural resources to post a sign of not less than 18 inches by 2 32 24 inches at all discharge points to surface waters, except 2 33 for any site where the discharge is composed of exclusively 2 34 storm water runoff. The bill provides that the sign shall 2 35 provide information which would identify the permit holder and 3 1 allow the permit holder to be contacted. The bill requires a 3 2 permit holder to provide public review of all discharge 3 3 monitoring records prepared by the permit holder. The bill 3 4 provides that the department shall establish the actual 3 5 appearance and location of the sign and the permit holder 3 6 shall be responsible for periodically and reasonably 3 7 maintaining the sign to ensure the sign is still legible, 3 8 visible, and factually correct. The bill allows the 3 9 department to waive all or part of the signage requirements if 3 10 certain circumstances exist. The bill provides for a civil 3 11 penalty of not more than $100 per day for each day a violation 3 12 of the new Code section continues. The penalty provided in 3 13 the bill is in place of the general penalty provisions 3 14 provided in Code section 455B.191. 3 15 LSB 1983SS 79 3 16 tm/gg/8
Text: SF00052 Text: SF00054 Text: SF00000 - SF00099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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