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:
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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.
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