Senate File 2363 - Introduced
SENATE FILE
BY COMMITTEE ON NATURAL RESOURCES
AND ENVIRONMENT
(SUCCESSOR TO SSB 3069)
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to water quality standards.
2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
3 TLSB 5158SV 81
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PAG LIN
1 1 Section 1. Section 455B.173, subsection 2, unnumbered
1 2 paragraph 1, Code 2005, is amended to read as follows:
1 3 Establish, modify, or repeal water quality standards,
1 4 pretreatment standards and effluent standards, in accordance
1 5 with the provisions of this chapter. The effluent standards
1 6 may provide for maintaining the existing quality of the water
1 7 of the state that is a navigable water of the United States
1 8 under the federal Water Pollution Control Act where the
1 9 quality thereof exceeds the requirements of the water quality
1 10 standards.
1 11 Sec. 2. WATER QUALITY STANDARDS. The general assembly
1 12 makes the following findings:
1 13 1. The federal Water Pollution Control Act provides that
1 14 the state is responsible for implementation of the federal Act
1 15 in a manner that the state deems most appropriate.
1 16 2. Historically, the state has been and continues to be a
1 17 responsible steward of the environment, including Iowa's water
1 18 quality.
1 19 3. The state has adopted water quality standards that are
1 20 protecting Iowa's water quality.
1 21 4. State law provides in section 455B.176 that the
1 22 environmental protection commission, when establishing,
1 23 modifying, or repealing water quality standards, must base its
1 24 decision upon data gathered from sources within the state.
1 25 5. State law provides in section 455B.176, subsection 11,
1 26 that the goal of any changes to water quality standards shall
1 27 be a reasonable balance between total costs to the people and
1 28 to the economy, and the resultant benefits to the people of
1 29 Iowa.
1 30 6. The state shall adopt water quality standards that,
1 31 where attainable, provide water quality for the protection and
1 32 propagation of fish, shellfish, and wildlife, and for
1 33 recreation in and on the water.
1 34 Sec. 3. NEW SECTION. 455B.176A WATER QUALITY STANDARDS.
1 35 1. For purposes of this section, unless the context
2 1 otherwise requires:
2 2 a. "Base flow conditions" means the flow of a stream
2 3 segment, as measured during the time period between July 1 and
2 4 September 30, that occurs during a period of time when the
2 5 watershed, in which the stream segment is located, receives no
2 6 twenty=four=hour rainfall in excess of one=quarter inch total
2 7 rainfall and not more than one=half inch total rainfall for
2 8 the watershed in the preceding two weeks.
2 9 b. "Credible data" means the same as defined in section
2 10 455B.171 and is subject to the same requirements as provided
2 11 in section 455B.193 and may include, but not rely solely on,
2 12 data that is older than five years and that is obtained
2 13 pursuant to the best professional judgment of a professional
2 14 designee or a state or federal agency.
2 15 c. "Ephemeral stream" means a stream that flows only in
2 16 response to precipitation and whose channel is primarily above
2 17 the water table.
2 18 d. "Professional designee" means the same as defined in
2 19 section 455B.193.
2 20 e. "Use attainability analysis" means a structured
2 21 scientific assessment that includes physical, chemical,
2 22 biological, and economic factors.
2 23 2. A water of the state shall be a designated stream
2 24 segment when any one of the following is met:
2 25 a. The most recent ten=year median flow is equal to or in
2 26 excess of one cubic foot per second based on data collected
2 27 and evaluated by the United States geological survey between
2 28 July 1 and September 30 of each year or in the absence of
2 29 stream segment flow data calculations of flow conducted by
2 30 extrapolation methods provided by the United States geological
2 31 survey or based upon a calculation method adopted by rule.
2 32 b. The water is a critical habitat of a threatened or
2 33 endangered aquatic specie as determined by the department or
2 34 the United States fish and wildlife service.
2 35 c. Credible data developed in accordance with section
3 1 455B.193 shows that water flows that are less than set out in
3 2 paragraph "a" provide a refuge for aquatic life that permits
3 3 biological recolonization of intermittently flowing segments.
3 4 3. All waters of the state not designated as a stream
3 5 segment pursuant to subsection 2 shall be identified as a
3 6 general stream segment and shall be subject to narrative water
3 7 quality standards. The department shall apply rules in
3 8 existence on March 1, 2006, for water quality standards for
3 9 general stream segments.
3 10 4. a. The commission shall adopt rules to define
3 11 designated uses of stream segments in accordance with the
3 12 following categories:
3 13 (1) Agricultural water supply use.
3 14 (2) Aquatic life support.
3 15 (3) Domestic water supply.
3 16 (4) Food procurement use.
3 17 (5) Industrial water supply use.
3 18 (6) Recreational use, including primary, secondary, and
3 19 children's recreational use.
3 20 (7) Seasonal use. The department may allow for a seasonal
3 21 use designation for streams that would otherwise be
3 22 categorized under an aquatic or recreational designation if a
3 23 varying degree of protection would be sufficient to protect
3 24 the stream during a seasonal time period.
3 25 b. The commission shall include subcategories of
3 26 designated uses of the categories listed in paragraph "a", as
3 27 deemed appropriate by the commission.
3 28 c. When reviewing whether a designated use is attainable,
3 29 the department shall consider at a minimum the following:
3 30 (1) Whether the natural, ephemeral, intermittent, or low
3 31 flow conditions or water levels could inhibit recreational
3 32 activities.
3 33 (2) If opposite sides of a stream segment would have
3 34 different designated recreational uses due to differences in
3 35 public access, the designated use of the entire stream segment
4 1 may be the higher attainable use.
4 2 (3) The time period for determining primary contact
4 3 recreation shall be March 15 through November 15.
4 4 (4) The degree to which the public has access to the
4 5 stream segment.
4 6 (5) The minimum depth of the deepest pool.
4 7 (6) Stream segments shall be protected for all existing
4 8 uses as defined by the federal Water Pollution Control Act.
4 9 5. The commission shall adopt rules designating water
4 10 quality standards which shall be specific to each designated
4 11 use adopted pursuant to subsection 4. The standards shall
4 12 take into account the different characteristics of each
4 13 designated use and shall provide for only the appropriate
4 14 level of protection based upon that particular use. The
4 15 standards shall not be identical for each designated use
4 16 unless required for the appropriate level of protection. The
4 17 appropriate level of protection and standards shall be
4 18 determined on a scientific basis. In the development process
4 19 for the water quality standards, input shall be received from
4 20 a water quality standards advisory committee convened by the
4 21 department. The water quality standards advisory committee
4 22 shall be comprised of experts in the scientific fields
4 23 relating to water quality, such as environmental engineering,
4 24 aquatic toxicology, fisheries biology, and other life sciences
4 25 and experts in the development of the appropriate levels of
4 26 aquatic life protection and standards. The water quality
4 27 standards shall be reviewed and revised by the department as
4 28 new scientific data becomes available to support revision.
4 29 6. Prior to any changes in a national pollutant discharge
4 30 elimination system permit use designation, the department or a
4 31 designee of the department shall conduct a use attainability
4 32 analysis. The commission shall adopt rules that establish
4 33 procedures and criteria to be used in the development of a use
4 34 attainability analysis. The rules shall, at a minimum,
4 35 provide all of the following:
5 1 a. A designated use, which is not an existing use as
5 2 defined by the federal Water Pollution Control Act, may be
5 3 removed due to any of the following:
5 4 (1) Naturally occurring pollutant concentrations prevent
5 5 the attainment of the use.
5 6 (2) Natural, ephemeral, intermittent, or low flow
5 7 conditions or water levels prevent the attainment of the use,
5 8 unless these conditions may be compensated for by the
5 9 discharge of sufficient volume of effluent discharges without
5 10 violating state water conservation requirements to enable uses
5 11 to be met.
5 12 (3) Human caused conditions or sources of pollution
5 13 prevent the attainment of the use and cannot be remedied or
5 14 would cause more environmental damage to correct than to leave
5 15 in place.
5 16 (4) Dams, diversions, or other types of hydrologic
5 17 modifications preclude the attainment of the use, and it is
5 18 not feasible to restore the water body to its original
5 19 condition or to operate such modification in a way that would
5 20 result in the attainment of the use.
5 21 (5) Physical conditions related to the natural features of
5 22 the water body, such as the lack of a proper substrate, cover,
5 23 flow, depth, pools, riffles, and the like, unrelated to water
5 24 quality, preclude attainment of aquatic life protection uses.
5 25 (6) Controls more stringent than those required by
5 26 sections 1311(b) and 1316 of the federal Water Pollution
5 27 Control Act would result in substantial and widespread
5 28 economic and social impact.
5 29 b. A designated use shall not be removed if any of the
5 30 following occur:
5 31 (1) The designated use is an existing use, as defined by
5 32 the federal Water Pollution Control Act, unless a use
5 33 requiring more stringent criteria is added.
5 34 (2) Such uses will be attained by implementing effluent
5 35 limits required under sections 1311(b) and 1316 of the federal
6 1 Water Pollution Control Act and by implementing cost=effective
6 2 and reasonable best management practices for nonpoint source
6 3 control.
6 4 c. Where existing water quality standards specify
6 5 designated uses less than those which are presently being
6 6 attained, the commission shall revise its standards to reflect
6 7 the uses actually being attained.
6 8 7. The department shall consider the substantial and
6 9 widespread economic and social impact that may occur as a
6 10 result of a designation. To make this determination, the
6 11 department shall review circumstances that are unique to each
6 12 regulated entity to determine whether substantial and
6 13 widespread economic and social impact would occur. The
6 14 analysis shall demonstrate whether the regulated entity would
6 15 face substantial financial impacts due to the costs of
6 16 compliance and that the affected community would bear
6 17 significant adverse impacts. The department shall work with
6 18 the regulated entity to gather necessary information to make
6 19 this determination.
6 20 a. The commission shall adopt rules to determine when a
6 21 regulated entity and the affected community would suffer
6 22 substantial and widespread economic and social impact due to
6 23 the costs of complying with a water quality standard. To make
6 24 this determination, the department shall review the
6 25 circumstances that are unique to each regulated entity and the
6 26 affected community. The rules shall include but not be
6 27 limited to all of the following elements:
6 28 (1) A financial analysis of the discharger to determine if
6 29 the capital, operating, and maintenance costs of pollution
6 30 control will have a substantial impact.
6 31 (2) The financial impact on households resulting from
6 32 compliance.
6 33 (3) The ability of the person releasing a pollutant into a
6 34 water of the state to obtain pollution control financing and
6 35 the general economic health of that person.
7 1 (4) The change in socioeconomic conditions that would
7 2 occur as a result of compliance. Factors to consider should
7 3 include but not be limited to median household income,
7 4 unemployment, and overall net debt as a percent of full market
7 5 value of taxable property.
7 6 (5) The benefits of improved water quality, such as the
7 7 expansion of consumptive markets, enhanced recreational use,
7 8 and increased property values in the community.
7 9 b. The department may grant a regulated entity a variance
7 10 from meeting a water quality standard pursuant to section
7 11 455B.181 if it is determined that the regulated entity or the
7 12 affected community would suffer substantial and widespread
7 13 economic and social impact. The department shall ensure the
7 14 conditions of any discharge permit variance represent
7 15 reasonable progress toward complying with water quality
7 16 standards but do not result in substantial and widespread
7 17 economic and social impact.
7 18 8. A regulated entity may use an alternative technology
7 19 system to meet water quality standards for either technology=
7 20 based or water quality=based effluent limits. The department
7 21 shall convene a technical advisory committee to assist in the
7 22 development of rules to allow for the use of appropriate
7 23 alternative technologies that include but are not limited to
7 24 all of the following:
7 25 a. Performance=based standards for alternative technology
7 26 systems.
7 27 b. Effluent reuse standards.
7 28 c. Criteria for large subsurface, midsize treatment, and
7 29 small cluster wastewater systems.
7 30 d. Setback requirements appropriate to the alternative
7 31 treatment technology.
7 32 e. Monitoring requirements appropriate to the alternative
7 33 technology and size of the treatment system.
7 34 f. Sizing factors based on soil morphology.
7 35 g. Design standards for alternative technology system
8 1 types.
8 2 9. The commission shall adopt rules for a review process
8 3 for standardized treatment systems, and expedited technical
8 4 reviews for projects that meet the design standards adopted
8 5 pursuant to subsection 8, paragraph "g", including
8 6 standardized review checklists for the systems.
8 7 10. a. The commission shall adopt rules pursuant to
8 8 chapter 17A to administer this section. All new or revised
8 9 stream segment use designations shall be adopted by rule. Any
8 10 rule that establishes, modifies, or repeals existing water
8 11 quality standards in this state shall be adopted in
8 12 conformance with this section.
8 13 b. Data to substantiate a use designation for a stream
8 14 segment shall be collected and used in accordance with the
8 15 credible data standards as described in subsection 1 and in
8 16 sections 455B.193 through 455B.195.
8 17 c. A new or revised use designation for a stream segment
8 18 shall only occur as the result of a use attainability
8 19 analysis.
8 20 d. A stream segment designation in existence on the
8 21 effective date of this Act that is identified on the 2004 Iowa
8 22 surface water classification list shall remain in effect until
8 23 the department or its professional designee completes a use
8 24 attainability analysis on each designated stream segment. The
8 25 use designation shall continue in effect without further
8 26 rulemaking if, after the use attainability analysis is
8 27 completed, the department determines that the 2004 Iowa
8 28 surface water classification for that designated stream
8 29 segment is the appropriate designated use for that stream
8 30 segment.
8 31 e. All use attainability analyses shall be conducted in
8 32 accordance with the following:
8 33 (1) A use attainability analysis for each designated
8 34 stream segment shall be conducted by either the department or
8 35 a professional designee.
9 1 (2) A use attainability analysis conducted by a
9 2 professional designee shall comply with the following review
9 3 process:
9 4 (a) Within thirty days after receipt of submission of a
9 5 use attainability analysis, the department shall review and
9 6 provide a written determination of whether the documentation
9 7 submitted is complete.
9 8 (b) Within ninety days after receipt of submission of a
9 9 completed use attainability analysis, the department shall
9 10 review and provide a written determination of whether a new or
9 11 revised designated use is appropriate for the stream segment.
9 12 (3) A use attainability analysis for a classified stream
9 13 segment and the written determination of the appropriate
9 14 designated use for the designated stream segment shall be made
9 15 available to the public.
9 16 (4) Any regulated entity aggrieved by such a determination
9 17 may make a written request, within thirty days from the date
9 18 the written determination of the appropriate designated use is
9 19 made available to the public, for a meeting with the director
9 20 or the director's designee to appeal the determination. The
9 21 regulated entity shall be allowed to provide evidence that the
9 22 designation is not appropriate under the criteria as
9 23 established in this section.
9 24 f. (1) By December 31, 2006, the department shall publish
9 25 a list of all designated stream segments that receive a
9 26 permitted discharge for which a use attainability analysis for
9 27 recreational use and aquatic life has not been completed and a
9 28 list of all designated stream segments that receive a
9 29 permitted discharge for which a use attainability analysis for
9 30 recreational use and aquatic life has been completed and
9 31 whether a recreational or aquatic use has been determined to
9 32 be or not to be attainable. By December 31, 2007, a use
9 33 attainability analysis shall be completed for all newly
9 34 designated stream segments that receive a permitted discharge.
9 35 (2) A use attainability analysis for a designated stream
10 1 segment receiving a permitted discharge shall be conducted by
10 2 either the department or a professional designee.
10 3 (3) The department shall make public a written
10 4 determination of whether a new or revised use designation is
10 5 appropriate for the designated stream segment prior to
10 6 adoption by rule of the proposed changes.
10 7 g. The department shall complete, upon request, a use
10 8 attainability analysis for recreational and aquatic uses on
10 9 any designated stream segment not receiving a permitted
10 10 discharge in accordance with the following provisions:
10 11 (1) The department shall make public a written
10 12 determination of whether a new or revised designated use is
10 13 appropriate for the designated stream segment within ninety
10 14 days of completion of the use attainability analysis prior to
10 15 adoption by rule of the proposed changes.
10 16 (2) The department shall accept a use attainability
10 17 analysis submitted by someone other than a professional
10 18 designee.
10 19 (a) Within thirty days after receipt of submission of a
10 20 use attainability analysis, the department shall review and
10 21 provide a written determination of whether the documentation
10 22 submitted is complete.
10 23 (b) Within ninety days after receipt of submission of a
10 24 completed use attainability analysis, the department shall
10 25 review and make available to the public a written
10 26 determination of whether a new or revised use designation is
10 27 appropriate for the designated stream segment.
10 28 h. Any regulated entity or property owner adjacent to the
10 29 accessed stream segment aggrieved by such a determination may
10 30 make a written request, within thirty days from the date the
10 31 written determination of the appropriate use designation is
10 32 made available to the public, for a meeting with the director
10 33 or the director's designee to appeal the determination. A
10 34 regulated entity shall be allowed to provide evidence that the
10 35 designation is not appropriate under the criteria as
11 1 established in this subsection.
11 2 11. An operation permit issued pursuant to section
11 3 455B.173 that expires before a use attainability analysis is
11 4 performed shall remain in effect and the department shall not
11 5 renew the permit until a use attainability analysis is
11 6 completed. If a use attainability analysis demonstrates that
11 7 a change in the use designation is warranted, the permit shall
11 8 remain in effect and the department shall not renew the permit
11 9 until the stream use designation is changed. In order for an
11 10 expired permit to remain in effect, the permit holder must
11 11 meet the requirements for a permit renewal. This subsection
11 12 does not apply if the permit applicant and the department
11 13 agree that the performance of a use attainability analysis
11 14 presents no reasonable likelihood of resulting in a change to
11 15 the existing stream use designations.
11 16 Sec. 4. WATERSHED QUALITY PLANNING TASK FORCE.
11 17 1. A watershed quality planning task force is established
11 18 within the department of natural resources in cooperation with
11 19 the Iowa department of agriculture and land stewardship. By
11 20 June 30, 2008, the task force shall report to the general
11 21 assembly its recommendations for a voluntary statewide water
11 22 quality program which is designed to achieve all of the
11 23 following goals:
11 24 a. Improving water quality and optimizing the costs of
11 25 voluntarily achieving and maintaining water quality standards.
11 26 b. Creating economic incentives for voluntary nonpoint
11 27 source load reductions, point source discharge reductions
11 28 beyond those required by the federal Water Pollution Control
11 29 Act, implementation of pollution prevention programs, wetland
11 30 restoration and creation, and the development of emerging
11 31 pollution control technologies.
11 32 c. Facilitating the implementation of total maximum daily
11 33 loads, urban stormwater control programs, and nonpoint source
11 34 management practices required or authorized under the federal
11 35 Water Pollution Control Act. This paragraph shall not be
12 1 construed to obviate the requirement to develop a total
12 2 maximum daily load for waters that do not meet water quality
12 3 standards as required by section 303(d) of the federal Water
12 4 Pollution Control Act or to delay implementation of a total
12 5 maximum daily load that has been approved by the department
12 6 and the director.
12 7 d. Providing incentives for the development of new and
12 8 more accurate and reliable pollution control quantification
12 9 protocols and procedures.
12 10 e. Providing greater flexibility through community=based,
12 11 nonregulatory, and performance=driven watershed management
12 12 planning.
12 13 2. Membership on the task force shall consist of all of
12 14 the following:
12 15 a. Voting members of the task force shall include all of
12 16 the following:
12 17 (1) One member selected by the Iowa association of
12 18 municipal utilities.
12 19 (2) One member selected by the Iowa league of cities.
12 20 (3) One member selected by the Iowa association of
12 21 business and industry.
12 22 (4) One member selected by the Iowa water pollution
12 23 control association.
12 24 (5) One member selected by the Iowa rural water
12 25 association.
12 26 (6) One member selected by growing green communities.
12 27 (7) One member selected by the Iowa environmental council.
12 28 (8) One member selected by the Iowa farm bureau
12 29 federation.
12 30 (9) One member selected by the Iowa corn growers
12 31 association.
12 32 (10) One member selected by the Iowa soybean association.
12 33 (11) One member selected by the Iowa pork producers
12 34 council.
12 35 (12) One member selected by the soil and water
13 1 conservation districts of Iowa.
13 2 (13) One person representing the department of agriculture
13 3 and land stewardship selected by the secretary of agriculture.
13 4 (14) One person representing the department of natural
13 5 resources selected by the director.
13 6 (15) Two members selected by the Iowa conservation
13 7 alliance.
13 8 b. Nonvoting members of the task force shall include all
13 9 of the following:
13 10 (1) Two members of the senate. One senator shall be
13 11 appointed by the republican leader of the senate and one
13 12 senator shall be appointed by the democratic leader of the
13 13 senate.
13 14 (2) Two members of the house of representatives. One
13 15 member shall be appointed by the speaker of the house of
13 16 representatives and one member shall be appointed by the
13 17 minority leader of the house of representatives.
13 18 Sec. 5. WASTEWATER TREATMENT FINANCIAL ASSISTANCE PROGRAM.
13 19 1. The Iowa finance authority shall establish and
13 20 administer a wastewater treatment financial assistance program
13 21 to provide financial assistance in the form of low=interest
13 22 loans, no=interest loans, forgivable loans, or grants to
13 23 enhance water quality.
13 24 2. Financial assistance under the program shall be used
13 25 for disadvantaged communities to install or upgrade wastewater
13 26 treatment facilities and systems. Financial assistance may be
13 27 used as part of a project funded in whole or in part by
13 28 financial assistance provided through other state or federally
13 29 funded programs.
13 30 EXPLANATION
13 31 This bill relates to water quality standards.
13 32 The bill provides that a water of the state shall be a
13 33 designated stream segment when one of three criteria is met.
13 34 The criteria include the meeting of certain flow rates,
13 35 whether the water is a critical habitat of a threatened or
14 1 endangered aquatic specie, or credible data supports that
14 2 certain low water flows provide a refuge for certain aquatic
14 3 life.
14 4 The bill provides that all waters of the state not
14 5 designated as a stream segment shall be identified as a
14 6 general stream segment and be subject to narrative water
14 7 quality standards.
14 8 The bill requires the environmental protection commission
14 9 to adopt rules to define designated uses of stream segments.
14 10 The bill provides categories including agricultural water
14 11 supply use, aquatic life support, domestic water supply, food
14 12 procurement use, industrial water supply use, recreational
14 13 use, and seasonal use.
14 14 The bill requires the commission to adopt rules designating
14 15 water quality standards which shall be specific to each
14 16 designated use. The bill requires the appropriate level of
14 17 protection and standards to be determined on a scientific
14 18 basis. The bill requires input from a water quality standards
14 19 advisory committee during the development process.
14 20 The bill provides that prior to any changes in a national
14 21 pollutant discharge elimination system permit use designation,
14 22 the department shall conduct a use attainability analysis.
14 23 The bill provides that a designated use, which is not an
14 24 existing use, may be removed due to certain existing
14 25 circumstances listed in the bill. The bill provides
14 26 circumstances under which designated uses shall not be
14 27 removed. The bill provides that, where existing water quality
14 28 standards specify designated uses less than those which are
14 29 presently being attained, the commission is required to revise
14 30 standards to reflect the uses actually being attained.
14 31 The bill requires the department to consider the
14 32 substantial and widespread economic and social impact that may
14 33 occur as a result of a designation. The bill requires an
14 34 analysis to examine whether the regulated entity would face
14 35 substantial financial impacts due to the costs of compliance
15 1 and that the affected community would bear significant adverse
15 2 impacts. The bill allows the department to grant a regulated
15 3 entity a variance from meeting a water quality standard if it
15 4 is determined that the regulated entity or the affected
15 5 community would suffer substantial and widespread economic and
15 6 social impact. The bill requires the department to ensure
15 7 that the conditions of any discharge permit variance represent
15 8 reasonable progress toward complying with water quality
15 9 standards but do not result in substantial and widespread
15 10 economic and social impact.
15 11 The bill allows a regulated entity to use an alternative
15 12 technology system to meet water quality standards for either
15 13 technology=based or water quality=based effluent limits. The
15 14 bill requires assistance from a technical advisory committee
15 15 to assist in the development of rules to allow for the use of
15 16 appropriate alternative technologies. The bill requires the
15 17 commission to adopt rules for a review process for
15 18 standardized treatment systems, and expedited technical
15 19 reviews for projects that meet the design standards.
15 20 The bill requires all new or revised stream segment use
15 21 designations to be adopted by rule. The bill requires data to
15 22 substantiate a use designation to be collected using credible
15 23 data standards. The bill requires a new or revised use
15 24 designation to only occur as the result of a use attainability
15 25 analysis. The bill provides that a stream segment designation
15 26 in existence on the effective date of the bill that is
15 27 identified on the 2004 Iowa surface water classification list
15 28 shall remain in effect until the department completes a use
15 29 attainability analysis on each designated stream segment. The
15 30 bill provides a procedure for a use attainability analysis.
15 31 The bill provides that, by December 31, 2006, the
15 32 department shall publish a list of all designated stream
15 33 segments that receive a permitted discharge for which a use
15 34 attainability analysis for recreational use and aquatic life
15 35 use has not been completed and a list of all designated stream
16 1 segments that receive a permitted discharge for which a use
16 2 attainability analysis for recreational use and aquatic life
16 3 use has been completed and whether a recreational or aquatic
16 4 life use has been determined to be attainable. The bill
16 5 provides that, by December 31, 2007, a use attainability
16 6 analysis shall be completed for all newly designated stream
16 7 segments that receive a permitted discharge.
16 8 The bill requires the department, upon request, to complete
16 9 a use attainability analysis for recreational and aquatic uses
16 10 on any designated stream segment not receiving a permitted
16 11 discharge in accordance with certain procedures. The bill
16 12 provides an appeal process.
16 13 The bill provides for the continuation of operation permits
16 14 scheduled to expire before a use attainability analysis is
16 15 performed.
16 16 The bill establishes a watershed quality planning task
16 17 force to report to the general assembly recommendations for a
16 18 voluntary statewide water quality program designed to achieve
16 19 improving water quality and optimizing the costs of
16 20 voluntarily achieving and maintaining water quality standards;
16 21 creating economic incentives for voluntary reductions;
16 22 facilitating the implementation of total maximum daily loads,
16 23 urban stormwater control programs, and nonpoint source
16 24 management practices required or authorized under the federal
16 25 Water Pollution Control Act; providing incentives for the
16 26 development of new and more accurate and reliable pollution
16 27 control quantification protocols and procedures; and providing
16 28 greater flexibility through community=based, nonregulatory,
16 29 and performance=driven watershed management planning.
16 30 The bill requires the Iowa finance authority to establish
16 31 and administer a wastewater treatment financial assistance
16 32 program to provide financial assistance in the form of low=
16 33 interest loans, no=interest loans, forgivable loans, or grants
16 34 to enhance water quality.
16 35 LSB 5158SV 81
17 1 tm:rj/sh/8