House File 414 - Introduced



                                     HOUSE FILE       
                                     BY  HUSER, STRUYK, and BAUDLER


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to persons commercially cleaning private sewage
  2    disposal facilities by providing regulations, fees, and civil
  3    penalties, requiring cities to regulate the division of
  4    certain land outside city boundaries and accept certain
  5    septage from subdivisions approved by cities outside city
  6    boundaries, and making appropriations.
  7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  8 TLSB 1343YH 81
  9 tm/pj/5

PAG LIN



  1  1    Section 1.  Section 354.9, Code 2005, is amended to read as
  1  2 follows:
  1  3    354.9  REVIEW OF PLATS WITHIN TWO MILES OF A CITY.
  1  4    1.  If a A city, which has adopted shall adopt ordinances
  1  5 regulating the division of land, desires to and shall review
  1  6 subdivision plats or plats of survey for divisions or
  1  7 subdivisions in the area that extends two miles outside the
  1  8 city's boundaries, then the.  The city shall establish by
  1  9 ordinance, specifically referring to the authority
  1 10 requirements of this section, the area subject to the city's
  1 11 review and approval.  The area of review may shall be
  1 12 identified by individual tracts, by describing the boundaries
  1 13 of the area, or by including all land within a certain
  1 14 distance of in the area extending two miles outside the city's
  1 15 boundaries, which shall not extend more than two miles
  1 16 distance from the city's boundaries.  The ordinance
  1 17 establishing the area of review or modifying the area of
  1 18 review by a city, shall be recorded in the office of the
  1 19 recorder and filed with the county auditor.
  1 20    2.  If a subdivision lies in a county, which has adopted
  1 21 ordinances regulating the division of land, and also lies
  1 22 within the area of review established by a city pursuant to
  1 23 this section, then the subdivision plat or plat of survey for
  1 24 the division or subdivision shall be submitted to both the
  1 25 city and county for approval.  The standards and conditions
  1 26 applied by a city or county for review and approval of the
  1 27 subdivision shall be, at a minimum, the same standards and
  1 28 conditions used for review and approval of subdivisions within
  1 29 the city limits county or shall be the standards and
  1 30 conditions for review and approval established by agreement of
  1 31 the city and county pursuant to chapter 28E.  Either the city
  1 32 or county may, by resolution, waive its right to review the
  1 33 subdivision or waive the requirements of any of its standards
  1 34 or conditions for approval of subdivisions, and certify the
  1 35 resolution which shall be recorded with the plat.
  2  1    2A.  If a city approves a subdivision pursuant to this
  2  2 section, a person commercially cleaning private sewage
  2  3 disposal facilities shall take and the city shall accept for
  2  4 deposit at the treatment works of the city all septage
  2  5 collected from any private sewage disposal system, domestic
  2  6 sewage treatment system, or septic tank located in the
  2  7 approved subdivision.  A person commercially cleaning private
  2  8 sewage disposal facilities may deposit septage collected
  2  9 pursuant to this subsection with a city other than the city
  2 10 approving a subdivision if the city approving the subdivision
  2 11 and the city accepting such septage mutually agree to the
  2 12 acceptance and deposit of such septage.  The city, in the
  2 13 resolution approving a subdivision, shall state the date on
  2 14 which the city shall begin accepting septage under this
  2 15 subsection which shall not be later than one year after the
  2 16 first private sewage disposal system, domestic sewage
  2 17 treatment system, or septic tank located in the approved
  2 18 subdivision is installed.
  2 19    3.  If cities establish overlapping areas of review outside
  2 20 their boundaries, then the cities shall establish by agreement
  2 21 pursuant to chapter 28E reasonable standards and conditions
  2 22 for review of subdivisions within the overlapping area and
  2 23 jurisdiction for purposes of subsection 2A.  If no agreement
  2 24 is recorded pursuant to chapter 28E then the city which is
  2 25 closest to the boundary of the subdivision shall have
  2 26 authority to review of the subdivision.
  2 27    Sec. 2.  Section 455B.172, subsection 5, unnumbered
  2 28 paragraph 2, Code 2005, is amended to read as follows:
  2 29    The department shall by rule adopt standards for the
  2 30 commercial cleaning of private sewage disposal facilities,
  2 31 including but not limited to septic tanks and pits used to
  2 32 collect waste in livestock confinement structures, and for the
  2 33 disposal of waste from the facilities.  The standards shall
  2 34 not be in conflict with the state building code adopted
  2 35 pursuant to section 103A.7.  A person shall not commercially
  3  1 clean such facilities or dispose of waste from such facilities
  3  2 unless the person has been issued a license by the department.
  3  3 The department shall be exclusively responsible for adopting
  3  4 the standards and issuing licenses.  However, county boards of
  3  5 health shall enforce the standards and licensing requirements
  3  6 established by the department.  The department may delegate
  3  7 the authority for inspection of land application sites, record
  3  8 reviews, and equipment inspections to a county board of
  3  9 health.  In the event of such delegation, the department shall
  3 10 retain concurrent authority over such activities.  Application
  3 11 for the license shall be made in the manner provided by the
  3 12 department.  Licenses expire one year from the date of issue
  3 13 unless revoked and may be renewed in the manner provided by
  3 14 the department.  The license or license renewal fee is twenty=
  3 15 five dollars.  A license application shall include
  3 16 registration applications for each vehicle used by the
  3 17 applicant for purposes of collecting septage from private
  3 18 sewage disposal facilities and each vehicle used by the
  3 19 applicant for purposes of applying septage to land.  Septic
  3 20 disposal management plans shall be submitted to the department
  3 21 and approved annually as a condition of licensing and shall
  3 22 also be filed annually with the county board of health in the
  3 23 county where a proposed septage application site is located.
  3 24 The septic disposal management plan shall include, but not be
  3 25 limited to, the sites of septage application, the anticipated
  3 26 volume of septage applied to each site, the area of each
  3 27 septage application site, the type of application to be used
  3 28 at each site, the volume of septage expected to be collected
  3 29 from private sewage disposal facilities, and a list of
  3 30 registered vehicles collecting septage from private sewage
  3 31 disposal facilities and applying septage to land.  The annual
  3 32 license or license renewal fee for a person commercially
  3 33 cleaning private sewage disposal facilities shall be
  3 34 established by the department based on the volume of septage
  3 35 that is applied to land.  A septic management fund is created
  4  1 in the state treasury under the control of the department.
  4  2 Annual license and license renewal fees collected pursuant to
  4  3 this section shall be deposited in the septic management fund
  4  4 and are appropriated to the department for purposes of
  4  5 contracting with county boards of health to conduct land
  4  6 application site inspections, record reviews, and septic
  4  7 cleaning equipment inspections.  A person violating this
  4  8 section or the rules adopted pursuant to this section as
  4  9 determined by the department is subject to a civil penalty of
  4 10 not more than twenty=five two hundred fifty dollars.  The
  4 11 department shall adopt rules related to, but not limited to,
  4 12 recordkeeping requirements, application procedures and
  4 13 limitations, contamination issues, loss of septage, failure to
  4 14 file a septic disposal management plan, application by
  4 15 vehicles that are not properly registered, wrongful
  4 16 application, and violations of a septic disposal management
  4 17 plan.  Each day that a violation continues constitutes a
  4 18 separate offense.  However, the total civil penalty shall not
  4 19 exceed five hundred dollars per year.  The penalty shall be
  4 20 assessed for a violation occurring ten days following written
  4 21 notice of the violation delivered to the person by the
  4 22 department or a county board of health for the duration of
  4 23 time commencing with the time the violation begins and ending
  4 24 the time the violation is corrected.  The septic disposal
  4 25 management plan may be examined to determine the duration of
  4 26 the violation.  Moneys collected by the department or a county
  4 27 board of health from the imposition of civil penalties shall
  4 28 be deposited in the general fund of the state.
  4 29                           EXPLANATION
  4 30    This bill relates to persons commercially cleaning private
  4 31 sewage disposal facilities, cities accepting certain septage
  4 32 from subdivisions approved by cities outside city boundaries,
  4 33 and makes appropriations.
  4 34    Currently, a city which has adopted ordinances regulating
  4 35 the division of land may review subdivision plats or plats of
  5  1 survey for divisions or subdivisions outside the city's
  5  2 boundaries provided that the area does not extend more than
  5  3 two miles from the city's boundaries.  The bill requires a
  5  4 city to adopt ordinances regulating the division of land.  The
  5  5 bill requires a city to review subdivision plats or plats of
  5  6 survey for divisions or subdivisions in the area that extends
  5  7 two miles outside the city's boundaries.  The bill requires a
  5  8 city to identify, in ordinance, the area outside the city's
  5  9 boundaries that is subject to the city's review and approval.
  5 10    The bill provides that, if a subdivision lies in a county
  5 11 which has adopted ordinances regulating the division of land,
  5 12 and also lies within the area of review established by a city,
  5 13 then the subdivision plat or plat of survey for the division
  5 14 or subdivision shall be submitted to the city for approval.
  5 15 The bill provides that the standards and conditions applied by
  5 16 a city for review and approval of the subdivision shall be, at
  5 17 a minimum, the same standards and conditions used for review
  5 18 and approval of subdivisions within the county or shall be the
  5 19 standards and conditions for review and approval established
  5 20 by agreement of the city and county pursuant to Code chapter
  5 21 28E.
  5 22    The bill provides that, if a city approves a subdivision
  5 23 outside the city's boundaries, a person commercially cleaning
  5 24 private sewage disposal facilities shall take and the city
  5 25 shall accept for deposit at the treatment works of the city
  5 26 all septage collected from any private sewage disposal system,
  5 27 domestic sewage treatment system, or septic tank located in
  5 28 the approved subdivision.  The bill allows for the deposit of
  5 29 such septage at a city other than the city approving a
  5 30 subdivision if there is a mutual agreement between the two
  5 31 cities.  The bill provides that the city, in the resolution
  5 32 approving a subdivision, shall state the date on which the
  5 33 city shall begin accepting septage which shall not be later
  5 34 than one year after the first private sewage disposal system,
  5 35 domestic sewage treatment system, or septic tank located in
  6  1 the approved subdivision is installed.
  6  2    The bill requires cities that establish overlapping areas
  6  3 of review outside their boundaries to establish by agreement
  6  4 jurisdiction for purposes of accepting septage from approved
  6  5 subdivisions in the overlapping area.
  6  6    The bill allows the department of natural resources to
  6  7 delegate the authority for the inspection of land application
  6  8 sites, record reviews, and equipment inspections to county
  6  9 boards of health.  In the event of such delegation, the
  6 10 department shall retain concurrent authority over such
  6 11 activities.
  6 12    The bill requires septic disposal management plans to be
  6 13 submitted to the department and approved annually as a
  6 14 condition of licensing and to be filed annually with the
  6 15 county board of health in the county where a proposed septage
  6 16 application site is located.  The bill requires a license
  6 17 application to include registration applications for each
  6 18 vehicle used by the applicant for purposes of collecting
  6 19 septage from private sewage disposal facilities and each
  6 20 vehicle used by the applicant for purposes of applying septage
  6 21 to land.
  6 22    The bill requires the department to establish an annual
  6 23 licensing and renewal fee structure for persons commercially
  6 24 cleaning private sewage disposal facilities based on the
  6 25 volume of septage that is applied to land.  The bill provides
  6 26 that such fees shall be deposited in the septic management
  6 27 fund created in the bill and are appropriated to the
  6 28 department for purposes of contracting with county boards of
  6 29 health to conduct land application site inspections, record
  6 30 reviews, and septic cleaning equipment inspections.
  6 31    The bill increases the civil penalty for violations of the
  6 32 regulations relating to commercial cleaning of private sewage
  6 33 disposal facilities from $25 to $250.  Each day that a
  6 34 violation continues constitutes a separate offense.  The bill
  6 35 eliminates a maximum annual civil penalty amount of $500.
  7  1    The bill requires the department to adopt rules related to,
  7  2 but not limited to, recordkeeping requirements, application
  7  3 procedures and limitations, contamination issues, loss of
  7  4 septage, failure to file a septic disposal management plan,
  7  5 application by vehicles that are not properly registered,
  7  6 wrongful application, and violations of a septic disposal
  7  7 management plan.
  7  8    The bill provides that a civil penalty shall be assessed
  7  9 for the duration of time commencing with the time the
  7 10 violation begins and ending the time the violation is
  7 11 corrected.  The bill provides that the septic disposal
  7 12 management plan may be examined to determine the duration of
  7 13 the violation.
  7 14 LSB 1343YH 81
  7 15 tm:nh/pj/5.5