Text: HF02274 Text: HF02276 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 455B.103B STORMWATER DISCHARGE
1 2 PERMIT – AGRICULTURAL EXCEPTIONS.
1 3 The department shall adopt rules providing exceptions from
1 4 requirements for the issuance of stormwater discharge permits
1 5 as provided in this section.
1 6 1. An exception shall apply to a person who otherwise may
1 7 be required to obtain a stormwater discharge permit for doing
1 8 any of the following:
1 9 a. Engaging in agricultural production, including but not
1 10 limited to row crop farming.
1 11 b. Installing or improving a soil and water conservation
1 12 practice on land which is used in agricultural production.
1 13 2. The department shall prepare a publication that
1 14 explains when it requires an agricultural producer to be
1 15 issued a stormwater discharge permit and exceptions from the
1 16 requirements. The department shall disseminate the
1 17 publication on the internet and by printed brochures which
1 18 shall be furnished without charge to each soil and water
1 19 conservation district office as provided in chapter 161A.
1 20 Sec. 2. DIRECTIVE TO DEPARTMENT – CRITERIA FOR
1 21 EXCEPTIONS. In adopting rules as required in section
1 22 455B.103B as enacted in this Act, the department of natural
1 23 resources shall provide exceptions from requirements for the
1 24 issuance of a stormwater discharge permit based on all of the
1 25 following:
1 26 1. The department's policy or past practice of recognizing
1 27 that activities associated with agricultural production or the
1 28 installation or improvement of certain soil and water
1 29 conservation practices do not require a permit.
1 30 2. The policy of the natural resources conservation
1 31 service of the United States department of agriculture, which
1 32 may be declared in office memorandums or publications,
1 33 including but not limited to field office technical guides.
1 34 Sec. 3. DIRECTIVE TO DEPARTMENT – ADOPTION OF RULES. In
1 35 adopting rules in order to implement the provisions of section
2 1 455B.103B as enacted by this Act, the department of natural
2 2 resources shall not adopt rules pursuant to section 17A.4,
2 3 subsection 2. The rules shall not take effect prior to
2 4 thirty-five days after filing, as required in section 17A.5,
2 5 subsection 2.
2 6 EXPLANATION
2 7 This bill amends provisions in Code chapter 455B that
2 8 require that a person be issued a stormwater discharge permit
2 9 when disturbing the land such as by engaging in construction.
2 10 The permits are issued by the department of natural resources.
2 11 The bill provides that the department must adopt rules
2 12 providing exceptions for the issuance of these permits where a
2 13 person disturbs land for purposes of engaging in agricultural
2 14 production or installing or improving a related soil and water
2 15 conservation practice. The bill also requires the department
2 16 to prepare and distribute a publication that explains when
2 17 agricultural producers must obtain a permit.
2 18 The bill directs the department to provide for these
2 19 exceptions based on past practice of the department, which is
2 20 not codified in the Iowa administrative code or the policy of
2 21 the natural resources conservation service of the United
2 22 States department of agriculture.
2 23 The bill prohibits the department of natural resources from
2 24 adopting rules creating these exceptions by emergency
2 25 rulemaking procedures.
2 26 LSB 5434YH 80
2 27 da/gg/14
Text: HF02274 Text: HF02276 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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