Text: SF00008 Text: SF00010 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 business office
1 15 repository of the permit holder.
1 16 2. A permit holder shall provide for public review at the
1 17 business office repository of the permit holder or at the off-
1 18 premises location of the permit holder's choice all discharge
1 19 monitoring records prepared by the permit holder to
1 20 demonstrate compliance with Iowa national pollutant discharge
1 21 elimination system program permit conditions. A copy of all
1 22 discharge monitoring records shall be placed on file at such
1 23 location at the same time the records are sent to the
1 24 department. The records shall be kept on file for the period
1 25 during which the permit is effective.
1 26 3. The department shall, as part of the terms and
1 27 conditions of a permit, establish the actual appearance and
1 28 location of the sign on the property of the permit holder
1 29 which shall be in as close proximity to the point of discharge
1 30 into the surface water as is reasonably possible while
1 31 ensuring the maximum visibility from the surface water and
1 32 shore.
1 33 4. The permit holder shall periodically and reasonably
1 34 maintain the sign to ensure that the sign is still legible,
1 35 visible, and factually correct. A good faith documented
2 1 effort by a permit holder to maintain the sign is an
2 2 affirmative defense in any action relating to the failure to
2 3 maintain a sign as required by this section.
2 4 5. The department may waive all or part of the
2 5 requirements of this section if the department determines any
2 6 of the following circumstances exist:
2 7 a. The sign cannot be reasonably maintained.
2 8 b. The sign would be inconsistent with the provisions of
2 9 another statute.
2 10 c. The sign could not be located in a manner which serves
2 11 a public purpose.
2 12 d. The nature of the discharge is temporary and of a
2 13 relatively short duration.
2 14 e. The discharge is not a major, significant discharge.
2 15 6. A person violating a provision of this section is
2 16 subject to a civil penalty of not more than one hundred
2 17 dollars per day for each day such violation continues.
2 18 Sec. 2. Section 455B.191, subsection 1, Code 2003, is
2 19 amended to read as follows:
2 20 1. Any person who violates any provision of part 1 of
2 21 division III of this chapter or any permit, rule, standard, or
2 22 order issued under part 1 of division III of this chapter
2 23 shall be subject to a civil penalty not to exceed five
2 24 thousand dollars for each day of such violation. This section
2 25 does not apply to violations of section 455B.189.
2 26 EXPLANATION
2 27 This bill creates a new Code section which requires a
2 28 person holding an Iowa national pollutant discharge
2 29 elimination system program permit issued by the department of
2 30 natural resources to post a sign of not less than 18 inches by
2 31 24 inches at all discharge points to surface waters, except
2 32 for any site where the discharge is composed of exclusively
2 33 storm water runoff. The bill provides that the sign shall
2 34 provide information which would identify the permit holder and
2 35 allow the permit holder to be contacted. The bill requires a
3 1 permit holder to provide public review of all discharge
3 2 monitoring records prepared by the permit holder. The bill
3 3 provides that the department shall establish the actual
3 4 appearance and location of the sign and the permit holder
3 5 shall be responsible for periodically and reasonably
3 6 maintaining the sign to ensure the sign is still legible,
3 7 visible, and factually correct. The bill allows the
3 8 department to waive all or part of the signage requirements if
3 9 certain circumstances exist. The bill provides for a civil
3 10 penalty of not more than $100 per day for each day a violation
3 11 of the new Code section continues. The penalty provided in
3 12 the bill is in place of the general penalty provisions
3 13 provided in Code section 455B.191.
3 14 LSB 1358SS 80
3 15 tm/sh/8
Text: SF00008 Text: SF00010 Text: SF00000 - SF00099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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