HF 2416 (LSB 5283HV (1) 83)

HOUSE FILE 2416

BY  COMMITTEE ON AGRICULTURE

(SUCCESSOR TO HSB 679)

(COMPANION TO LSB 5283SV BY COMMITTEE ON ENVIRONMENT & ENERGY INDEPENDENCE)

A BILL FOR

An Act relating to permits issued under the national pollutant discharge elimination system, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

DIVISION I
PERSONS CONTESTING THE DENIAL

OF APPLICATIONS OR PERMITS ISSUED UNDER NPDES
    Section 1.  Section 455B.174, subsection 4, paragraph b, Code Supplement 2009, is amended to read as follows:
   b.  In addition to the requirements of paragraph “a”, a permit shall not be issued to operate or discharge from any disposal system unless the conditions of the permit assure that any discharge from the disposal system meets or will meet all applicable state and federal water quality standards and effluent standards and the issuance of the permit is not otherwise prohibited by the federal Water Pollution Control Act. All applications for discharge permits are subject to public notice and opportunity for public participation including public hearing as the department may by rule require. The director shall promptly notify the applicant in writing of the director’s action and, if the permit is denied, state the reasons for denial. The A person who is an applicant or permittee may appeal to the commission from contest the denial of a permit or from any condition in any of a permit issued by the director, if the applicant files notice of appeal with person notifies the director within thirty days of the director’s notice of denial or issuance of the permit. The director shall notify the applicant within thirty days of the time and place of the hearing.  Notwithstanding section 17A.11, subsection 1, if the applicant or permittee timely contests the director’s action, the presiding officer in the resulting contested case proceeding shall be an administrative law judge assigned by the division of administrative hearings pursuant to sections 10A.801 and 17A.11.

DIVISION II
NPDES PERMITS ISSUED TO CONFINEMENT FEEDING OPERATIONS
    Sec. 2.  Section 459.311, Code Supplement 2009, is amended by adding the following new subsection:
   NEW SUBSECTION.  1A.  Notwithstanding subsection 1, a confinement feeding operation that is a concentrated animal feeding operation as defined in 40 C.F.R. § 122.23(b) shall comply with applicable national pollutant discharge elimination system permit requirements as provided in the federal Water Pollution Control Act, 33 U.S.C. ch. 26, as amended, and 40 C.F.R. pts. 122 and 412, pursuant to rules that shall be adopted by the commission. Any rules adopted pursuant to this subsection shall be no more stringent than requirements under the federal Water Pollution Control Act, 33 U.S.C. ch. 26, as amended, and 40 C.F.R. pts. 122 and 412.
EXPLANATION
   DIVISION I —— PERSONS CONTESTING THE DENIAL OF APPLICATIONS OR PERMITS ISSUED UNDER NPDES. This division provides for water pollution control permits issued under the federal national pollutant discharge elimination system (NPDES). Code section 455B.174 provides that a person who has been denied an NPDES permit or who has been issued an NPDES permit by the director of the department of natural resources may appeal the director’s decision to the environmental protection commission. The commission’s decision is the agency’s final decision (or final agency action) under the Iowa administrative procedure Act (Code chapter 17A), meaning that the person may appeal the decision to district court under Code section 17A.19. This bill provides a substitute procedure. In lieu of a commission hearing, the person may initiate a contested case proceeding under Code chapter 17A which must be heard by an administrative law judge (ALJ).
   DIVISION II —— NPDES PERMITS ISSUED TO CONFINEMENT FEEDING OPERATIONS. This division amends Code chapter 459, the animal agriculture compliance Act (Code section 459.101). Generally, a confinement feeding operation is prohibited from discharging manure directly into water of the state or into a tile line that discharges directly into water of the state (Code section 459.311). This bill provides that a confinement feeding operation that is classified as a concentrated animal feeding operation under the NPDES must comply with applicable NPDES permit requirements pursuant to rules adopted by the environmental protection commission. The rules cannot be more stringent than federal law.
   A person who violates a provision in Code chapter 459 relating to water quality is subject to penalties as provided in Code section 455B.109 or 455B.191 (see Code section 459.603). A person in violation of a requirement may be assessed a civil penalty by the commission, according to a schedule, not to exceed $10,000 or may be assessed a judicially assessed civil penalty of up to $5,000 per each day of the violation.