House File 2748 H-8293 Amend House File 2748 as follows: 1 1. Page 27, after line 2 by inserting: 2 < DIVISION ___ 3 PROPRIETARY TREATMENT SYSTEMS 4 Sec. ___. NEW SECTION . 455B.241 Definitions. 5 As used in this part 3 of subchapter III, unless the context 6 otherwise requires: 7 1. “Certified technician” means a person who is certified 8 in accordance with the manufacturer to monitor, maintain, and 9 inspect proprietary treatment systems. 10 2. a. “Class A proprietary treatment system” means a 11 media-based or passive secondary treatment system that is 12 certified by an accreditation body, including a certification 13 meeting national sanitation foundation standard 40 class I. 14 b. “Class A proprietary treatment system” includes but is 15 not limited to a peat moss biofilter, coconut fiber filter, 16 synthetic foam filter, polystyrene bead media filter, or 17 textile filter. 18 3. “Class B proprietary treatment system” means a secondary 19 treatment system that relies on mechanical aeration that is 20 certified by an accreditation body, including a certification 21 meeting national sanitation foundation standard 40 class I. 22 4. “Proprietary treatment system” or “system” means either 23 a class A proprietary treatment system or class B proprietary 24 treatment system. 25 Sec. ___. NEW SECTION . 455B.242 Monitoring and maintenance 26 requirements. 27 1. Prior to the installation of a proprietary treatment 28 system, the system owner and a certified technician shall enter 29 into a contract for monitoring and maintenance of the system. 30 The contract shall be required for the life of the system, and 31 a copy of the contract shall be provided to the applicable 32 administrative authority. 33 2. A proprietary treatment system shall be inspected, 34 monitored, and maintained by the certified technician in 35 -1- HF 2748.3808 (1) 91 da/js 1/ 4 #1.
accordance with the manufacturer’s specifications. A class 1 A proprietary treatment system shall be maintained at least 2 annually. A class B proprietary treatment system shall be 3 maintained at least twice per year or more frequently if 4 required by the manufacturer’s specifications. 5 3. Any maintenance and visual inspection of a proprietary 6 treatment system shall be performed by a certified technician. 7 A certified technician shall report results, as provided in 8 section 455B.243, to the system owner and to the applicable 9 administrative authority within thirty days following the 10 inspection. The certified technician shall also report any 11 discontinuance or proprietary treatment system maintenance to 12 the applicable administrative authority. 13 4. A proprietary treatment system may be used when the 14 applicable administrative authority determines the site is 15 unacceptable for a conventional subsurface soil absorption 16 system. Preference shall be given to the use of a class A 17 proprietary treatment system due to the operating principle 18 being similar to that of intermittent subsurface sand filter 19 beds. A class B proprietary treatment system shall not be 20 used on a vacation home, church, or event facility, or other 21 seasonal or infrequent use facility. 22 Sec. ___. NEW SECTION . 455B.243 Reporting. 23 1. A maintenance and visual inspection report for a class A 24 proprietary treatment system or class B proprietary treatment 25 system, as required under section 455B.242, shall record at 26 least the following information: 27 a. The date of the inspection. 28 b. The type of proprietary treatment system. 29 c. Whether the proprietary treatment system is functioning 30 correctly or functioning incorrectly. 31 d. Any sign of equipment malfunction, the cause of the 32 malfunction, and the corrective action taken. 33 e. Results of water testing if the proprietary treatment 34 system is subject to national pollution discharge elimination 35 -2- HF 2748.3808 (1) 91 da/js 2/ 4
system general permit number four. 1 f. If the proprietary treatment system is functioning 2 incorrectly, the primary reason for the deficiency, including 3 but not limited to: 4 (1) Improper installation. 5 (2) Lack of required maintenance. 6 (3) Improper operation or malfunction. 7 (4) Other damages or conditions contributing to the 8 malfunction. 9 2. The completed report shall be submitted to the department 10 by the certified technician in the form and manner prescribed 11 by the department. 12 3. The department shall compile the information and 13 shall maintain a publicly accessible database summarizing 14 inspection outcomes. The database shall not include personally 15 identifiable information. 16 4. The department shall not assess any fees associated with 17 the receipt, collection, or analysis of reports required under 18 this section. 19 Sec. ___. NEW SECTION . 455B.244 Rulemaking authority. 20 The department may adopt rules as necessary to administer 21 this part. 22 Sec. ___. DEPARTMENT OF NATURAL RESOURCES —— PROPRIETARY 23 TREATMENT SYSTEM STUDY. 24 1. The department of natural resources shall conduct a 25 study utilizing the information regarding proprietary treatment 26 systems reported to the department pursuant to section 27 455B.243, as enacted by this Act. 28 2. In conducting the study, the department shall review 29 the information submitted in annual inspection and maintenance 30 reports, including proprietary treatment system functionality, 31 causes of deficiencies, and maintenance practices. The 32 department shall also review any other data the department 33 determines relevant to evaluating system performance. 34 3. The study shall include analysis of inspection, 35 -3- HF 2748.3808 (1) 91 da/js 3/ 4
monitoring, and maintenance data collected from July 1, 1 2026, to December 1, 2027, for purposes of evaluating the 2 performance, reliability, maintenance needs, and common causes 3 of malfunction of proprietary treatment systems. 4 4. The department shall submit to the general assembly on or 5 before January 10, 2028, a report detailing the department’s 6 findings and recommendations. 7 Sec. ___. APPLICABILITY. This division of this Act applies 8 to the inspection, monitoring, and maintenance of proprietary 9 treatment systems, as defined in section 455B.241, as enacted 10 by this Act, performed on or after July 1, 2026. > 11 2. Title page, by striking lines 1 through 4 and inserting 12 < An Act relating to resources of the state, including by 13 providing for the promotion and regulation of agricultural 14 commodities and products; the regulation of the > 15 3. Title page, line 6, by striking < agricultural > 16 4. By renumbering as necessary. 17 ______________________________ MOMMSEN of Clinton -4- HF 2748.3808 (1) 91 da/js 4/ 4 #2. #3. #4.