H-8143

   Amend House File 2642 as follows:
   1.  By striking everything after the enacting clause and inserting: 
   <Section 1.  Section 455B.171, Code 2026, is amended by adding the following new subsection:
   NEW SUBSECTION.  18A.  “On-site native distillery operation” means land where there is located an operating native distillery issued a class “A” native distilled spirits license by the department of revenue pursuant to section 123.43A.
   Sec. 2.  NEW SECTION.  455B.172B  On-site native distillery operations.
   1.  The department shall adopt by rule pursuant to chapter 17A standards for the disposal of wastewater from an on-site native distillery operation. These standards shall provide for but are not limited to disposal by all of the following:
   a.  By land application if all of the following apply:
   (1)  The volume of wastewater produced by the on-site native distillery operation is less than one thousand five hundred gallons per day.
   (2)  The application rate does not exceed thirty thousand gallons per acre per year.
   (3)  The application rate does not exceed one thousand five hundred gallons per acre per day.
   (4)  The standards for land application are consistent with the rules for land application of septage adopted to implement section 455B.172.
   b.  At a publicly owned treatment works or other wastewater treatment system with the permission of the owner of the treatment works.
   c.  Through a subsurface absorption system in conformance with applicable regulations of the United States environmental protection agency.
   d.  Through a disposal system that meets all of the following requirements:
   (1)  The disposal system is located on the same site as the on-site native distillery operation.
   (2)  The disposal system is constructed in conformance with a permit issued by the department.
   (3)  For a disposal system that discharges wastewater into a water of the United States, the system is operated in conformance with a national pollutant discharge elimination system permit issued by the department under section 455B.197.
   Sec. 3.  Section 455B.261, subsection 4, Code 2026, is amended by striking the subsection.
   Sec. 4.  Section 455B.265, subsection 1, Code 2026, is amended to read as follows:
   1.  In its consideration of applications for permits, the department shall give priority in processing to persons in the order that the applications are received, except where when the application of this processing priority system prevents the prompt approval of routine applications or where when the public health, safety, or welfare will be threatened by delay. If the department determines after investigation that the diversion, storage, or withdrawal is consistent with the principles and policies of beneficial use and ensuring conservation, the department shall grant a permit.  The determination of beneficial use shall not be based on categories of uses. An application for a permit shall be approved or denied within ninety days from the date that the department receives the complete application. A renewal permit shall be approved or denied by the department within thirty days from the date that the department receives a complete application for renewal. If the applicant requests an extension of the time allotted, the department may approve the request to allow the applicant more time to submit additional information to resolve a contested or complex application. Regardless of the request in the application, and subject to appeal, the director or the department may determine the duration and frequency of withdrawal and the quantity of water to be diverted, stored, or withdrawn pursuant to the permit. Each permit granted after July 1, 1986, shall include conditions requiring routine conservation practices, and requiring implementation of emergency conservation measures after notification by the department.
   Sec. 5.  Section 455B.267, subsection 4, Code 2026, is amended to read as follows:
   4.  A permit to divert, store, or withdraw water shall not be issued or continued if it will unreasonably impair the long-term availability of water from a surface or groundwater source in terms of quantity or quality, or otherwise adversely affect the public health or welfare.>
   2.  Title page, line 1, by striking <certain liquids> and inserting <water>
   3.  Title page, line 3, by striking <liquid waste> and inserting <wastewater>

______________________________
GOLDING of Linn