House
File
2206
-
Introduced
HOUSE
FILE
2206
BY
MERTZ
A
BILL
FOR
An
Act
relating
to
agricultural
drainage
wells,
by
extending
1
the
date
for
complying
with
certain
requirements,
and
2
including
effective
date
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
460.202,
unnumbered
paragraph
1,
Code
1
2009,
is
amended
by
striking
the
unnumbered
paragraph.
2
Sec.
2.
Section
460.202,
subsection
1,
unnumbered
paragraph
3
1,
Code
2009,
is
amended
to
read
as
follows:
4
An
Not
later
than
December
31,
2015,
the
owner
of
land
on
5
which
an
agricultural
drainage
well
is
located
shall
prevent
6
surface
water
from
draining
into
the
agricultural
drainage
7
well.
The
landowner
shall
comply
with
rules,
which
shall
be
8
adopted
by
the
department,
in
consultation
with
the
division,
9
required
to
carry
out
this
section.
The
In
complying
with
this
10
subsection,
the
landowner
shall
do
all
of
the
following:
11
Sec.
3.
Section
460.202,
Code
2009,
is
amended
by
adding
the
12
following
new
subsection:
13
NEW
SUBSECTION
.
4.
An
owner
of
land
who
has
complied
with
14
the
requirements
of
subsection
1
before
December
31,
2015,
15
shall
continue
to
comply
with
those
requirements.
16
Sec.
4.
Section
460.203,
subsection
1,
Code
2009,
is
amended
17
to
read
as
follows:
18
1.
Not
later
than
December
31,
2001
2015
,
the
owner
of
19
land
which
is
within
a
designated
agricultural
drainage
well
20
area
shall
close
each
agricultural
drainage
well
located
on
21
the
land.
An
owner
who
has
complied
with
the
requirements
22
of
this
section
before
December
31,
2015,
shall
continue
to
23
comply
with
those
requirements.
The
owner
shall
close
the
24
agricultural
drainage
well
in
a
manner
using
materials
and
25
according
to
specifications
required
by
rules
which
shall
be
26
adopted
by
the
department
in
consultation
with
the
division.
27
The
department
may
provide
different
closing
requirements
based
28
on
classifications
established
by
the
department.
However,
the
29
department’s
requirements
shall
ensure
that
an
agricultural
30
drainage
well
is
closed
by
using
sealing
materials
such
as
31
bentonite
to
permanently
seal
the
agricultural
drainage
well
32
from
contamination
by
surface
or
subsurface
water
drainage.
33
Sec.
5.
EFFECTIVE
UPON
ENACTMENT.
This
Act,
being
deemed
of
34
immediate
importance,
takes
effect
upon
enactment.
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EXPLANATION
1
This
bill
extends
the
deadline
by
which
an
owner
of
land
2
that
contains
an
agricultural
drainage
well
must
comply
3
with
requirements
for
preventing
surface
water
drainage.
4
The
requirements
include
removing
a
surface
water
intake
5
if
it
empties
into
the
well,
constructing
and
maintaining
6
sidewalls
surrounding
the
well’s
cistern,
ensuring
that
the
7
well
and
related
drainage
system
are
adequately
ventilated,
8
and
installing
a
locked
cover
over
the
well
or
its
cistern.
9
The
owner
must
close
an
agricultural
drainage
well
located
10
in
an
area
in
which
there
is
an
anaerobic
lagoon
or
earthen
11
manure
storage
basin.
The
deadline
for
complying
with
the
12
requirements
expired
on
December
31,
2001.
The
bill
extends
13
the
deadline
to
December
31,
2015.
An
owner
of
land
who
has
14
complied
with
the
requirements
before
December
31,
2015,
must
15
continue
to
comply
with
those
requirements.
16
A
person
who
violates
the
prohibition
is
subject
to
a
civil
17
penalty
of
not
more
than
$1,000,
unless
the
person
fails
18
to
take
corrective
action.
After
the
person
fails
to
take
19
corrective
action
the
first
time,
the
civil
penalty
increases
20
to
not
more
than
$5,000,
and
after
the
person
fails
to
take
21
corrective
action
after
that
the
civil
penalty
increases
to
not
22
more
than
$15,000
(Code
section
460.206).
23
The
bill
takes
effect
upon
enactment.
24
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