1997 SUMMARY OF LEGISLATION

ENVIRONMENTAL PROTECTION

ENVIRONMENTAL PROTECTION

SENATE FILE 75 - Groundwater Professionals (full text of act)

BY COMMITTEE ON NATURAL RESOURCES AND ENVIRONMENT. This Act eliminates a provision in the definitional qualifications of a groundwater professional to provide that the required five-year period of direct and related experience and training is no longer only applicable to persons who acquired this experience and training in the years prior to June 10, 1991.

SENATE FILE 214 - Use and Disposal of Sewage Sludge (full text of act)

BY COMMITTEE ON NATURAL RESOURCES AND ENVIRONMENT. This Act relates to the regulation of the use and disposal of sewage sludge.
This Act defines "septage" and "sewage sludge," and redefines "disposal system" to include a system for the use and disposal of sewage sludge, for the purposes of the division of the Code relating to water quality.
The Act provides that any county ordinance related to sewage sludge in effect on March 1, 1997, is not preempted by Code Section 455B.171, 455B.174, 455B.183, or 455B.304.
The Act authorizes the Director of the Department of Natural Resources to issue, revoke, suspend, modify, or deny permits for the use or disposal of sewage sludge. This permit is in addition to, and must contain reference to, any other permits required under Code Chapter 455B.
The Act requires that sludge from a semipublic or private sewage disposal system be disposed of in accordance with rules adopted by the Department of Natural Resources.
The Act establishes criminal liability for acts or omissions involved in the sale of sludge by the owner of a publicly owned treatment works and prohibits the use or disposal of sewage sludge without a permit. Prohibited acts related to sewage sludge can be subject to existing penalties provided in Code Section 455B.191.

SENATE FILE 285 - Household Hazardous Materials (full text of act)

BY COMMITTEE ON NATURAL RESOURCES AND ENVIRONMENT. This Act amends the definition of "household hazardous material," in Code Section 455F.1, by including "pure solvents" rather than the current "solvents" and by adding "noncaustic household cleaners" to the list of materials exempted from the definition.
The Act removes the requirement of establishing an intensive three-year educational project for recipients of a household hazardous waste reduction and collection program grant.
The Act amends the requirements the Department of Natural Resources must meet in implementing a public information and education program regarding the use of household hazardous materials.
The Act repeals Code Section 455F.3, relating to a labeling requirement for household hazardous materials, effective January 1, 1998.

SENATE FILE 473 - Agriculture Drainage Wells and Related Provisions (full text of act)

BY COMMITTEE ON AGRICULTURE. This Act relates to agricultural drainage wells and agricultural drainage well areas that drain into the agricultural drainage wells. An agricultural drainage well is any vertical opening to an aquifer or permeable substratum constructed in order to intercept surface or subsurface drainage water from land directly or by a drainage system.
The Act requires that not later than December 31, 1998, an owner of land on which an agricultural drainage well is located must prevent surface water from draining into the agricultural drainage well. If the land has a surface water intake emptying into an agricultural drainage well, including a surface water intake located in a road ditch, the landowner must remove the surface water intake. If the land has a cistern connecting to an agricultural drainage well, the landowner must construct and maintain sidewalls surrounding the cistern. The landowner must ensure that the agricultural drainage well and related drainage system are adequately ventilated in a manner that does not allow surface water to directly drain into the agricultural drainage well. The landowner must install a locked cover over the agricultural drainage well or its cistern.
Counties are required to inspect the sites of the agricultural drainage wells. The Act authorizes counties required to perform inspections to levy taxes in order to pay for related costs.
Special requirements apply if an anaerobic lagoon or earthen manure storage basin required to obtain a construction permit by the Department of Natural Resources is located within the agricultural drainage well area. Not later than December 31, 1999, the landowner is required to close each agricultural drainage well located in the area, using materials and according to specifications required by rules adopted by the Department of Natural Resources.
The Act creates a program to assist persons in establishing alternative drainage systems in agricultural drainage well areas where an agricultural drainage well is required to be closed. The program is administered by the Soil Conservation Division of the Department of Agriculture and Land Stewardship and supported by a fund administered by the division. A person who owns an interest in land within the area is not eligible to participate in the program if the person is a party to a pending legal or administrative action involving an animal feeding operation or the person is classified as a habitual violator of state law involving an animal feeding operation. Noncrop acres are not eligible to benefit from the program.
The Department of Natural Resources is required to provide notice to landowners required to comply with the Act's requirements. A person is prohibited from constructing an earthen structure within an agricultural drainage well area if the structure is used to store manure, sewage, wastewater, or industrial waste that is in a liquid or semi-liquid state.
The Act provides for a range of penalties for persons violating the Act, which increases based on a person's failure to comply with a previous violation. The ceiling for civil penalties is $15,000.
The Act takes effect May 19, 1997.

SENATE FILE 528 - Land Recycling and Environmental Remediation Standards (full text of act)

BY COMMITTEE ON WAYS AND MEANS. This Act relates to the cleanup and reuse of contaminated property, environmental remediation standards and review procedures, participation in the remediation of contaminated property, liability for the voluntary cleanup of contaminated property, liability protections, and establishment of a Land Recycling Program and a Land Recycling Fund.
The Act defines the duties of the Environmental Protection Commission (EPC) and the Department of Natural Resources (DNR) regarding implementation and operation of the Land Recycling Program (LRP), defines the type of property which may be enrolled in the LRP, and provides the procedure for enrolling property in and withdrawing property from the LRP. The Act requires all participants in the LRP to carry out response actions on a timely basis, requires all participants to reimburse the DNR up to $7,500 for actual costs incurred in enrolling the property, and provides that all participants receive a no further action letter upon a demonstration of compliance with the response action standards.
A participant may use any combination of cleanup standards that include background standards, statewide standards, or site-specific standards as adopted by the EPC after consideration of the recommendations of the DNR and the Technical Advisory Committee to implement a site remediation plan. The cleanup standards may be complied with through any combination of available response actions and the DNR may issue a variance from the applicable cleanup standards if certain criteria are met.
The Act defines institutional and technological controls that may be used to comply with cleanup standards and provides that institutional or technological controls confirmed in a no further action letter may be enforced in district court. Institutional or technological controls, except for environmental protection easements, may be removed, discontinued, modified, or terminated by a participant, or a successor in interest, upon demonstration that the control is no longer required to assure compliance. A release or amendment of an environmental protection easement may be accomplished only through execution by the director and filing with the county recorder.
The Act provides that a participant may obtain a consolidated standards permit to encompass all the substantive requirements applicable to a response action, if the participant would otherwise be required to obtain a permit, license, plan approval, or other approval from the DNR.
Once a participant demonstrates that an affected area meets applicable standards and the DNR certifies that the participant has met all requirements for completion, the DNR issues the participant a no further action letter. The following result upon issuance of a no further action letter: The participant and any protected party are not required to take any further action at the site related to any hazardous substance for which compliance with applicable standards is demonstrated, except for any continuing requirements specified in the letter; a covenant not to sue arises by operation of law that protects the participant and any protected parties from liability to the state to perform additional environmental assessment, remedial activity, or response action; and a participant and any protected parties are entitled to a cessation of statutory liability as to any condition at the affected area with regard to hazardous substances for which compliance with applicable standards was demonstrated and for which the DNR has provided a certificate of completion.
The Act defines certain liability protections and defines the circumstances under which those protections are not available.
The Act provides that the enrolling of a site does not constitute an admission of liability and limits both the admissibility of participation in a response action and the ability to discover any information produced during participation in any civil, criminal or administrative proceeding.
Protections afforded in the Act do not relieve a person from liability for a release of a hazardous substance occurring after the issuance of a no further action letter or from liability for any condition outside the affected area addressed in the cleanup plan and no further action letter.
The protection and immunities afforded in the Act extend only to liability or potential liability arising under state law and is not intended to provide any relief as to liability or potential liability arising under federal law.
The Act allows cities and counties to provide, by ordinance, that the costs of carrying out response actions are to be reimbursed, in whole or part, by incremental property taxes over a six-year period.
The Act establishes a Land Recycling Fund within the State Treasury under the control of the EPC. The fund may be used for financial assistance to political subdivisions of the state for activities related to an enrolled site, financial assistance and incentives for qualifying enrolled sites, and funding for any other purpose consistent with the chapter and deemed appropriate by the EPC.
The Act establishes a Technical Advisory Committee to work jointly with the DNR in developing recommended rules for implementing the chapter. The Act directs the EPC to consider the joint recommendations and to adopt rules to implement and administer the new chapter.
The Act requires the Director of the DNR to maintain a record of the affected areas or portion of affected areas for which no further action letters were issued and which involve institutional or technological controls.
The Act allows for the transferability of a no further action letter, a covenant not to sue, and any agreement authorized to be entered into under the Act. The provisions of the Act do not prevent or impede an emergency response action taken by the DNR or a participant, nor do they prevent or impede a participant from undertaking mitigation measures to prevent significant impacts on human health or the environment.
The Act allows for the transition of an enrolled site to the Land Recycling Program where actions similar to a response action have commenced pursuant to any provision of Code Chapter 455B prior to the effective date of the Act, July 1, 1997.
The Act provides a participant with a shield from enforcement actions if the participant proceeds on a due and timely basis to carry out the response action.
The Act allows for the removal of a site from the registry of confirmed hazardous waste or hazardous substance disposal sites upon the completion of a response action as to the conditions that led to its original listing and the issuance of a no further action letter.
The Act does not prevent the DNR from enforcing standards and monitoring compliance requirements required to be enforced by the federal government. The Act provides that any rules or standards shall be no more stringent than those required under any comparable federal law or regulation.

HOUSE FILE 191 - Drinking Water Facilities Financing (full text of act)

BY COMMITTEE ON APPROPRIATIONS. This Act creates a Drinking Water Facilities Financing Program and adds it to the Code sections relating to the Sewage Treatment Works Financing Program. The Act establishes the same financing and funding provisions for the Drinking Water Facilities Financing Program as the Sewage Treatment Works Financing Program.
The Act provides that unless federal law or regulation requires the review and approval of plans and specifications, a permit shall be issued for the construction, installation or modification of a public water supply system if the plans are properly certified by a qualified, registered engineer to the Department of Natural Resources (DNR).
The Act applies to the Drinking Water Facilities Financing Program the definitions, findings and General Assembly policy in the Code relating to the Sewage Treatment Works Financing Program.
The Act requires the DNR and the Iowa Finance Authority (IFA) to operate, administer and finance the program to be consistent with state law, the federal Safe Drinking Water Act, the federal Clean Water Act, and the rules of the DNR and the IFA. The IFA and the DNR are also authorized to conform the program to the guidance and regulations of the U. S. Environmental Protection Agency.
The Act establishes the Drinking Water Treatment Revolving Loan Fund and the Drinking Water Facilities Administration Fund. The Drinking Water Facilities Administration Fund is to be used for the purpose of administering the programs, policies and undertakings authorized by the federal Safe Drinking Water Act. Moneys appropriated to and deposited in the Drinking Water Treatment Revolving Loan Fund are to be used for the sole purpose of making loans to water systems to finance the costs of projects. Moneys in the Drinking Water Treatment Revolving Loan Fund are not part of the State General Fund. The administration of the funds may be combined to the extent permitted by the federal Safe Drinking Water Act.
The Act provides that intended use plans prepared, and capitalization grant agreements entered into, by the DNR with the EPA are subject to the federal Safe Drinking Water Act. The Act provides that the Governor has the authority, subject to the joint recommendation of the DNR and the IFA and subject to the provisions of the federal Safe Drinking Water Act, to direct that a portion of a capitalization grant made to one of the revolving funds be reserved for transfer to the other revolving fund. Any transferred funds are to be used in accordance with the intended use plan for the applicable revolving loan fund.
The Act includes water systems in the entities eligible to receive loans from a revolving loan fund. The Act also provides that the Director of the DNR has the same powers and duties in administering both revolving funds.
The Act takes effect March 7, 1997.

HOUSE FILE 228 - Regulation of Waste Tire Collection Sites (full text of act)

BY COMMITTEE ON ENVIRONMENTAL PROTECTION. This Act relates to the collection and processing of waste tires. The Act adds authorized vehicle recyclers licensed by the State Department of Transportation, who own or operate sites used for the storage, collection or deposit of more than 3,500 waste tires, to the definition of tire collector. As a result, a recycler will not be required to obtain a permit to operate a site until the 3,500-waste tire threshold is met.

HOUSE FILE 309 - Ozone Transport Assessment Group (full text of act)

BY COMMITTEE ON ENVIRONMENTAL PROTECTION. This Act provides for the legislative review and oversight of the Ozone Transport Assessment Group, which was convened by the U. S. Environmental Protection Agency (EPA) to consider means to reduce the atmospheric transport of ozone. The Ozone Transport Assessment Group consists of representatives from 12 northeastern states and 25 states west and south of the northeast ozone transport region. The Ozone Transport Assessment Group will develop recommendations in 1997 for emission control actions in states outside the northeastern region of the United States that may form the basis for EPA enforcement actions under the federal Clean Air Act.
The Act requires the Director of Natural Resources to submit reports on the Ozone Transport Assessment Group decision-making process, decisions or recommendations to the Senate Committee on Natural Resources and Environment and the House Committee on Environmental Protection if the General Assembly is in session, and to the Legislative Council if the General Assembly is not in session. The committees or the Legislative Council may hold public hearings to receive comments following the receipt of Ozone Transport Assessment Group decisions or recommendations.
If the General Assembly is in session, the Act requires the director to notify the Senate and House committees and the Administrative Rules Review Committee of the issuance of a request for submission of a state implementation plan, of proposed rulemaking, or of notice by the EPA related to ozone attainment. If the General Assembly is not in session, the Act requires the director to notify the Legislative Council and the Administrative Rules Review Committee of any actions. The Act also requires the director to provide a copy of the implementation plan to the committees or the Legislative Council as specified, and the Administrative Rules Review Committee.
If the General Assembly is in session, the Act requires the committees, following receipt of the plan, to hold public hearings for comments on the plan and if not in session, the Act provides that the Legislative Council may convene such public hearings. The Act prohibits the department from implementing the state implementation plan through the use of emergency rules. Absent a recommendation or other Act endorsing the plan by the General Assembly, or the Legislative Council if the General Assembly is not in session, the Act prohibits the director from submitting a plan that would impose emission controls more stringent than necessary to meet the national standards, unless certain requirements are met.

HOUSE FILE 653 - Waste Tires — Financial Assurance Requirements (full text of act)

BY COMMITTEE ON ENVIRONMENTAL PROTECTION. This Act relates to the financial assurance an owner or operator of a waste tire collection or processing site must provide to the Department of Natural Resources prior to the initial approval of a permit or prior to the renewal of a permit for an existing or expanding facility. The Act strikes a paragraph in Code Section 455D.11A that provided the amount of financial assurance required for tires collected prior to July 1, 1992. The Act provides that the remaining financial assurance requirements provided in Code Section 455D.11A are effective July 1, 1998.

RELATED LEGISLATION

SENATE FILE 82 -- Appropriations — Energy Conservation — Petroleum Overcharge Funds

(Complete summary under APPROPRIATIONS)

This Act appropriates moneys for the fiscal year 1997-1998 from the Energy Conservation Trust, which receives deposits of settlements from oil overcharge refunds, to the Division of Community Action Agencies of the Department of Human Rights for energy conservation programs for low-income persons and to the Department of Natural Resources for the state energy program and for administration of petroleum overcharge programs.

SENATE FILE 472 -- Construction or Expansion of Animal Feeding Operation Structures

(Complete summary under AGRICULTURE)

This Act prohibits a person from constructing or expanding a structure that is part of a confinement feeding operation if the person is a party to a pending action for a violation of state law concerning a confinement feeding operation or the person, or a confinement feeding operation in which the person holds a controlling interest, is classified as a habitual violator.
The Act takes effect May 19, 1997.

SENATE FILE 542 -- Supplemental and Other Appropriations and Miscellaneous Provisions

(Complete summary under APPROPRIATIONS)

This Act makes supplemental appropriations for FY 1996-1997 and appropriations for other fiscal years. The Act includes an appropriation for implementation of the Land Recycling Program informally referred to as the "brownfields" legislation.

HOUSE FILE 615 -- Abandoned Coal Mines

(Complete summary under NATURAL RESOURCES & OUTDOOR RECREATION)

This Act makes certain coal lands and water damaged by coal mining after August 3, 1977, eligible for reclamation or drainage abatement expenditures.

HOUSE FILE 708 -- Appropriations — Agriculture and Natural Resources

(Complete summary under APPROPRIATIONS)

This Act relates to agriculture and natural resources by making appropriations to support related entities including the Department of Agriculture and Land Stewardship and the Department of Natural Resources.

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