Senate Study Bill 3177 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED DEPARTMENT OF NATURAL RESOURCES BILL) A BILL FOR An Act relating to permits issued under the national pollutant 1 discharge elimination system, and making penalties 2 applicable. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5283XD (7) 83 da/nh

S.F. _____ H.F. _____ DIVISION I 1 PERSONS CONTESTING THE DENIAL 2 OF APPLICATIONS OR PERMITS ISSUED UNDER NPDES 3 Section 1. Section 455B.174, subsection 4, paragraph b, 4 Code Supplement 2009, is amended to read as follows: 5 b. In addition to the requirements of paragraph “a” , a 6 permit shall not be issued to operate or discharge from any 7 disposal system unless the conditions of the permit assure 8 that any discharge from the disposal system meets or will 9 meet all applicable state and federal water quality standards 10 and effluent standards and the issuance of the permit is not 11 otherwise prohibited by the federal Water Pollution Control 12 Act. All applications for discharge permits are subject 13 to public notice and opportunity for public participation 14 including public hearing as the department may by rule require. 15 The director shall promptly notify the applicant in writing 16 of the director’s action and, if the permit is denied, state 17 the reasons for denial. The A person who is an applicant 18 or permittee may appeal to the commission from contest the 19 denial of a permit or from any condition in any of a permit 20 issued by the director, if the applicant files notice of appeal 21 with person notifies the director within thirty days of the 22 director’s notice of denial or issuance of the permit. The 23 director shall notify the applicant within thirty days of the 24 time and place of the hearing. Notwithstanding section 17A.11, 25 subsection 1, if the applicant or permittee timely contests 26 the director’s action, the presiding officer in the resulting 27 contested case proceeding shall be an administrative law judge 28 assigned by the division of administrative hearings pursuant 29 to sections 10A.801 and 17A.11. 30 DIVISION II 31 NPDES PERMITS ISSUED TO CONFINEMENT FEEDING OPERATIONS 32 Sec. 2. Section 459.311, Code Supplement 2009, is amended by 33 adding the following new subsection: 34 NEW SUBSECTION . 1A. Notwithstanding subsection 1, a 35 -1- LSB 5283XD (7) 83 da/nh 1/ 3

S.F. _____ H.F. _____ confinement feeding operation that is a concentrated animal 1 feeding operation as defined in 40 C.F.R. § 122.23(b) shall 2 comply with applicable national pollutant discharge elimination 3 system permit requirements as provided in the federal Water 4 Pollution Control Act, 33 U.S.C. ch. 26, as amended, and 40 5 C.F.R. pts. 122 and 412, pursuant to rules that shall be 6 adopted by the commission. Any rules adopted pursuant to this 7 subsection shall be no more stringent than requirements under 8 the federal Water Pollution Control Act, 33 U.S.C. ch. 26, as 9 amended, and 40 C.F.R. pts. 122 and 412. 10 EXPLANATION 11 DIVISION I —— PERSONS CONTESTING THE DENIAL OF APPLICATIONS 12 OR PERMITS ISSUED UNDER NPDES. This division provides for 13 water pollution control permits issued under the federal 14 national pollutant discharge elimination system (NPDES). Code 15 section 455B.174 provides that a person who has been denied 16 an NPDES permit or who has been issued an NPDES permit by the 17 director of the department of natural resources may appeal the 18 director’s decision to the environmental protection commission. 19 The commission’s decision is the agency’s final decision (or 20 final agency action) under the Iowa administrative procedure 21 Act (Code chapter 17A), meaning that the person may appeal the 22 decision to district court under Code section 17A.19. This 23 bill provides a substitute procedure. In lieu of a commission 24 hearing, the person may initiate a contested case proceeding 25 under Code chapter 17A which must be heard by an administrative 26 law judge (ALJ). 27 DIVISION II —— NPDES PERMITS ISSUED TO CONFINEMENT FEEDING 28 OPERATIONS. This division amends Code chapter 459, the 29 animal agriculture compliance Act (Code section 459.101). 30 Generally, a confinement feeding operation is prohibited from 31 discharging manure directly into water of the state or into 32 a tile line that discharges directly into water of the state 33 (Code section 459.311). This bill provides that a confinement 34 feeding operation that is classified as a concentrated animal 35 -2- LSB 5283XD (7) 83 da/nh 2/ 3

S.F. _____ H.F. _____ feeding operation under the NPDES must comply with applicable 1 NPDES permit requirements pursuant to rules adopted by the 2 environmental protection commission. The rules cannot be more 3 stringent than federal law. 4 A person who violates a provision in Code chapter 459 5 relating to water quality is subject to penalties as provided 6 in Code section 455B.109 or 455B.191 (see Code section 7 459.603). A person in violation of a requirement may be 8 assessed a civil penalty by the commission, according to a 9 schedule, not to exceed $10,000 or may be assessed a judicially 10 assessed civil penalty of up to $5,000 per each day of the 11 violation. 12 -3- LSB 5283XD (7) 83 da/nh 3/ 3