Senate File 263 - Introduced SENATE FILE BY COMMITTEE ON ENVIRONMENT AND ENERGY INDEPENDENCE (SUCCESSOR TO SF 46) Passed Senate, Date Passed House, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to Iowa national pollutant discharge elimination 2 system program signage and providing a penalty. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1612SV 83 5 tm/nh/8 PAG LIN 1 1 Section 1. NEW SECTION. 455B.189 DISCHARGE POINT SIGNS. 1 2 1. A person holding an Iowa national pollutant discharge 1 3 elimination system program permit issued by the department 1 4 shall post or erect a conspicuous and legible sign of not less 1 5 than eighteen inches by twenty=four inches at all points of 1 6 discharge to surface waters. The location of the sign on the 1 7 property of the permit holder shall be as close in proximity 1 8 to the point of discharge into the surface water as is 1 9 reasonably possible while ensuring the maximum visibility from 1 10 the surface water and shore. 1 11 2. At a minimum, the sign shall include all of the 1 12 following: 1 13 a. A statement containing the words "Iowa state permitted 1 14 discharge point permit no. (insert permit number). For 1 15 information on this discharge you can contact: (insert contact 1 16 information)". 1 17 b. The Iowa national pollutant discharge elimination 1 18 system program permit number issued by the department. 1 19 c. The name and telephone number of the permit holder 1 20 which shall be the business office repository of the permit 1 21 holder. 1 22 d. The internet address of an internet website sponsored 1 23 by the department where more information may be obtained. 1 24 3. A permit holder shall periodically and reasonably 1 25 maintain the sign to ensure that the sign is still legible, 1 26 visible, and factually correct. A good faith documented 1 27 effort by the permit holder to maintain the sign is an 1 28 affirmative defense in any action relating to the unauthorized 1 29 absence of a sign. 1 30 4. A person violating a provision of this section is 1 31 subject to a civil penalty of not more than one hundred 1 32 dollars per day for each day such violation continues. 1 33 5. The department may grant a waiver of the requirements 1 34 of this section if the department determines a security 1 35 concern may exist due to the posting of a sign under this 2 1 section. 2 2 6. This section shall not apply to a permit holder that is 2 3 an open feedlot operation as defined in section 459A.102 or an 2 4 animal feeding operation as defined in section 459.102. 2 5 Sec. 2. Section 455B.191, subsection 1, Code 2009, is 2 6 amended to read as follows: 2 7 1. Any person who violates any provision of part 1 of 2 8 division III of this chapter or any permit, rule, standard, or 2 9 order issued under part 1 of division III of this chapter 2 10 shall be subject to a civil penalty not to exceed five 2 11 thousand dollars for each day of such violation. This section 2 12 shall not apply to violations of section 455B.189. 2 13 EXPLANATION 2 14 This bill relates to Iowa national pollutant discharge 2 15 elimination system program signage. 2 16 The bill requires a person holding an Iowa national 2 17 pollutant discharge elimination system program permit issued 2 18 by the department of natural resources to post or erect a 2 19 conspicuous and legible sign at all points of discharge to 2 20 surface waters. The bill provides size, content, and location 2 21 requirements for the signage. 2 22 The bill requires that a permit holder shall periodically 2 23 and reasonably maintain the sign to ensure that the sign is 2 24 still legible, visible, and factually correct. The bill 2 25 provides that a good faith documented effort by the permit 2 26 holder to maintain the sign is an affirmative defense in any 2 27 action relating to the unauthorized absence of a sign. The 2 28 bill allows the department to grant waivers. The bill 2 29 provides that the signage requirements do not apply to permit 2 30 holders that are an open feedlot operation or an animal 2 31 feeding operation. 2 32 The bill provides for a civil penalty of not more than $100 2 33 per day for each day a violation continues. The penalty in 2 34 the bill is in place of the general penalty provisions 2 35 provided in Code section 455B.191. 3 1 LSB 1612SV 83 3 2 tm/nh/8