House File 834 - Introduced



                                     HOUSE FILE       
                                     BY  COMMITTEE ON WAYS AND MEANS

                                     (SUCCESSOR TO HF 783)
                                     (SUCCESSOR TO HF 414)


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

                                      A BILL FOR

  1 An Act relating to persons commercially cleaning toilet units and
  2    private sewage disposal facilities by providing regulations,
  3    fees, and civil penalties, and making appropriations.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 1343HZ 81
  6 tm/pj/5

PAG LIN



  1  1    Section 1.  Section 455B.171, Code 2005, is amended by
  1  2 adding the following new subsection:
  1  3    NEW SUBSECTION.  32A.  "Toilet unit" means a portable or
  1  4 fixed tank or vessel holding untreated human waste without
  1  5 secondary wastewater treatment that is emptied for disposal.
  1  6 "Toilet unit" does not include a portable or fixed tank or
  1  7 vessel holding untreated human waste that is part of a
  1  8 recreational vehicle or marine vessel.
  1  9    Sec. 2.  Section 455B.172, subsection 5, unnumbered
  1 10 paragraph 2, Code 2005, is amended to read as follows:
  1 11    The department shall by rule adopt standards for the
  1 12 commercial cleaning of private sewage disposal facilities,
  1 13 including but not limited to septic tanks and pits used to
  1 14 collect waste in livestock confinement structures, and for the
  1 15 disposal of waste from the facilities.  The standards shall
  1 16 not be in conflict with the state building code adopted
  1 17 pursuant to section 103A.7.  A person shall not commercially
  1 18 clean such facilities or dispose of waste from such facilities
  1 19 unless the person has been issued a license by the department.
  1 20 The department shall be exclusively responsible for adopting
  1 21 the standards and issuing licenses.  However, county boards of
  1 22 health shall enforce the standards and licensing requirements
  1 23 established by the department.  The department may contract
  1 24 for the delegation of the authority for inspection of land
  1 25 application sites, record reviews, and equipment inspections
  1 26 to a county board of health.  In the event of entering into
  1 27 such a contract, the department shall retain concurrent
  1 28 authority over such activities.  Application for the license
  1 29 shall be made in the manner provided by the department.
  1 30 Licenses expire one year from the date of issue unless revoked
  1 31 and may be renewed in the manner provided by the department.
  1 32 The license or license renewal fee is twenty=five dollars.  A
  1 33 license application shall include registration applications
  1 34 for each vehicle used by the applicant for purposes of
  1 35 collecting septage from private sewage disposal facilities and
  2  1 each vehicle used by the applicant for purposes of applying
  2  2 septage to land.  Septic disposal management plans shall be
  2  3 submitted to the department and approved annually as a
  2  4 condition of licensing and shall also be filed annually with
  2  5 the county board of health in the county where a proposed
  2  6 septage application site is located.  The septic disposal
  2  7 management plan shall include, but not be limited to, the
  2  8 sites of septage application, the anticipated volume of
  2  9 septage applied to each site, the area of each septage
  2 10 application site, the type of application to be used at each
  2 11 site, the volume of septage expected to be collected from
  2 12 private sewage disposal facilities, and a list of registered
  2 13 vehicles collecting septage from private sewage disposal
  2 14 facilities and applying septage to land.  The annual license
  2 15 or license renewal fee for a person commercially cleaning
  2 16 private sewage disposal facilities shall be established by the
  2 17 department based on the volume of septage that is applied to
  2 18 land.  A septic management fund is created in the state
  2 19 treasury under the control of the department.  Annual license
  2 20 and license renewal fees collected pursuant to this section
  2 21 shall be deposited in the septic management fund and are
  2 22 appropriated to the department for purposes of contracting
  2 23 with county boards of health to conduct land application site
  2 24 inspections, record reviews, and septic cleaning equipment
  2 25 inspections.  A person violating this section or the rules
  2 26 adopted pursuant to this section as determined by the
  2 27 department is subject to a civil penalty of not more than
  2 28 twenty=five two hundred fifty dollars.  The department shall
  2 29 adopt rules related to, but not limited to, recordkeeping
  2 30 requirements, application procedures and limitations,
  2 31 contamination issues, loss of septage, failure to file a
  2 32 septic disposal management plan, application by vehicles that
  2 33 are not properly registered, wrongful application, and
  2 34 violations of a septic disposal management plan.  Each day
  2 35 that a violation continues constitutes a separate offense.
  3  1 However, the total civil penalty shall not exceed five hundred
  3  2 dollars per year.  The penalty shall be assessed for a
  3  3 violation occurring ten days following written notice of the
  3  4 violation delivered to the person by the department or a
  3  5 county board of health for the duration of time commencing
  3  6 with the time the violation begins and ending the time the
  3  7 violation is corrected.  The septic disposal management plan
  3  8 may be examined to determine the duration of the violation.
  3  9 Moneys collected by the department or a county board of health
  3 10 from the imposition of civil penalties shall be deposited in
  3 11 the general fund of the state.  Moneys collected by a county
  3 12 board of health from the imposition of civil penalties shall
  3 13 be deposited in the general fund of the county.
  3 14    Sec. 3.  Section 455B.172, Code 2005, is amended by adding
  3 15 the following new subsection:
  3 16    NEW SUBSECTION.  5A.  a.  The department shall by rule
  3 17 adopt standards for the commercial cleaning of toilet units
  3 18 and for the disposal of waste from toilet units.  Waste from
  3 19 toilet units shall be disposed of at a wastewater treatment
  3 20 facility and shall not be applied to land.  The department may
  3 21 contract for the delegation of the authority for inspection of
  3 22 record reviews and equipment inspections for such units to a
  3 23 county board of health.  In the event of entering into such a
  3 24 contract, the department shall retain concurrent authority
  3 25 over such activities.
  3 26    b.  A person shall not commercially clean toilet units or
  3 27 dispose of waste from such units unless the person has been
  3 28 issued a license by the department.  The department shall be
  3 29 exclusively responsible for adopting the standards and issuing
  3 30 licenses.  However, county boards of health shall enforce the
  3 31 standards and licensing requirements established by the
  3 32 department.  Application for the license shall be made in the
  3 33 manner provided by the department.  Licenses expire one year
  3 34 from the date of issue unless revoked and may be renewed in
  3 35 the manner provided by the department.  A license application
  4  1 shall include registration applications for each vehicle used
  4  2 by the applicant for purposes of collecting waste from toilet
  4  3 units and each vehicle used by the applicant for purposes of
  4  4 transporting waste from toilet units to a wastewater treatment
  4  5 facility.  The annual license or license renewal fee for a
  4  6 person commercially cleaning toilet units shall be established
  4  7 by the department based on the number of trucks or vehicles
  4  8 used by the licensee for purposes of commercial cleaning of
  4  9 toilet units and for the disposal of waste from the toilet
  4 10 units.  For purposes of this subsection, "vehicle" includes a
  4 11 trailer.
  4 12    c.  A toilet unit fund is created in the state treasury
  4 13 under the control of the department.  Annual license and
  4 14 license renewal fees collected pursuant to this subsection
  4 15 shall be deposited in the toilet unit fund and are
  4 16 appropriated to the department for purposes of contracting
  4 17 with county boards of health to conduct record reviews and
  4 18 toilet unit cleaning equipment inspections.
  4 19    d.  A person violating this section or the rules adopted
  4 20 pursuant to this section as determined by the department is
  4 21 subject to a civil penalty of not more than five hundred
  4 22 dollars.  Each day that a violation continues constitutes a
  4 23 separate offense.  The penalty shall be assessed for the
  4 24 duration of time commencing with the time the violation begins
  4 25 and ending with the time the violation is corrected.  Moneys
  4 26 collected by the department from the imposition of civil
  4 27 penalties shall be deposited in the general fund of the state.
  4 28 Moneys collected by a county board of health from the
  4 29 imposition of civil penalties shall be deposited in the
  4 30 general fund of the county.
  4 31                           EXPLANATION
  4 32    This bill relates to persons commercially cleaning toilet
  4 33 units and private sewage disposal facilities and makes
  4 34 appropriations.
  4 35    The bill allows the department of natural resources to
  5  1 contract for the delegation of the authority for the
  5  2 inspection of land application sites, record reviews, and
  5  3 equipment inspections to county boards of health.  In the
  5  4 event of entering into such a contract, the department shall
  5  5 retain concurrent authority over such activities.
  5  6    The bill requires septic disposal management plans to be
  5  7 submitted to the department and approved annually as a
  5  8 condition of licensing and to be filed annually with the
  5  9 county board of health in the county where a proposed septage
  5 10 application site is located.  The bill requires a license
  5 11 application to include registration applications for each
  5 12 vehicle used by the applicant for purposes of collecting
  5 13 septage from private sewage disposal facilities and each
  5 14 vehicle used by the applicant for purposes of applying septage
  5 15 to land.
  5 16    The bill requires the department to establish an annual
  5 17 licensing and renewal fee structure for persons commercially
  5 18 cleaning private sewage disposal facilities based on the
  5 19 volume of septage that is applied to land.  The bill provides
  5 20 that such fees shall be deposited in the septic management
  5 21 fund created in the bill and are appropriated to the
  5 22 department for purposes of contracting with county boards of
  5 23 health to conduct land application site inspections, record
  5 24 reviews, and septic cleaning equipment inspections.
  5 25    The bill increases the civil penalty for violations of the
  5 26 regulations relating to commercial cleaning of private sewage
  5 27 disposal facilities from $25 to $250.  Each day that a
  5 28 violation continues constitutes a separate offense.  The bill
  5 29 eliminates a maximum annual civil penalty amount of $500.
  5 30    The bill requires the department to adopt rules related to,
  5 31 but not limited to, recordkeeping requirements, application
  5 32 procedures and limitations, contamination issues, loss of
  5 33 septage, failure to file a septic disposal management plan,
  5 34 application by vehicles that are not properly registered,
  5 35 wrongful application, and violations of a septic disposal
  6  1 management plan.
  6  2    The bill provides that a civil penalty shall be assessed
  6  3 for the duration of time commencing with the time the
  6  4 violation begins and ending the time the violation is
  6  5 corrected.  The bill provides that the septic disposal
  6  6 management plan may be examined to determine the duration of
  6  7 the violation.  The bill provides that moneys collected by the
  6  8 department from the imposition of civil penalties shall be
  6  9 deposited in the general fund of the state.  The bill provides
  6 10 that moneys collected by a county board of health from the
  6 11 imposition of civil penalties shall be deposited in the
  6 12 general fund of the county.
  6 13    The bill requires the department to adopt standards for the
  6 14 commercial cleaning of toilet units and for the disposal of
  6 15 waste from toilet units.  The bill defines a toilet unit to
  6 16 mean a portable or fixed tank or vessel holding untreated
  6 17 human waste without secondary wastewater treatment that is
  6 18 emptied for disposal.  The bill requires waste from toilet
  6 19 units to be disposed of at a wastewater treatment facility and
  6 20 prohibits land application of such waste.
  6 21    The bill allows the department to contract for the
  6 22 delegation of the authority for inspection of record reviews
  6 23 and equipment inspections to a county board of health and
  6 24 requires that the department retain concurrent authority over
  6 25 such activities.
  6 26    The bill prohibits a person from commercially cleaning a
  6 27 toilet unit or disposing of waste from a toilet unit unless
  6 28 the person has been issued a license by the department.  The
  6 29 bill provides that a license application shall include
  6 30 registration applications for each vehicle used by the
  6 31 applicant for purposes of collecting waste from toilet units
  6 32 and each vehicle used by the applicant for purposes of
  6 33 transporting waste from toilet units to a wastewater treatment
  6 34 facility.  The bill provides that the annual license or
  6 35 license renewal fee shall be established by the department
  7  1 based on the number of trucks or vehicles used by the
  7  2 licensee.
  7  3    The bill creates a toilet unit fund in the state treasury
  7  4 under the control of the department.  The bill provides that
  7  5 annual license and license renewal fees shall be deposited in
  7  6 the fund and are appropriated to the department for purposes
  7  7 of contracting with county boards of health to conduct record
  7  8 reviews and toilet unit cleaning equipment inspections.
  7  9    The bill provides that violations of the regulations
  7 10 relating to the cleaning of toilet units are subject to a
  7 11 civil penalty of not more than $500.  The bill provides that
  7 12 each day that a violation continues constitutes a separate
  7 13 offense.  The bill provides that the penalty shall be assessed
  7 14 for the duration of time commencing with the time the
  7 15 violation begins and ending with the time the violation is
  7 16 corrected.  The bill provides that moneys collected by the
  7 17 department from the imposition of civil penalties shall be
  7 18 deposited in the general fund of the state.  The bill provides
  7 19 that moneys collected by a county board of health from the
  7 20 imposition of civil penalties shall be deposited in the
  7 21 general fund of the county.
  7 22 LSB 1343HZ 81
  7 23 tm:nh/pj/5