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
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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
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