H.F. 311 Section 1. Section 455B.103A, subsection 1, paragraph b, 1 Code 2013, is amended to read as follows: 2 b. Following the effective date of a general permit, a 3 person proposing to conduct activities covered by the general 4 permit shall provide a notice of intent to conduct a covered 5 activity on a form provided by the department. A person shall 6 also provide public notice of intent to conduct activities 7 other than storm water and allowable nonstorm water discharges 8 covered under the general permit by publishing notice in two 9 newspapers with the largest circulation in the area in which 10 the facility is located. Notice of the discontinuation of 11 a permitted activity other than storm water and allowable 12 nonstorm water discharges shall be provided in the same manner. 13 Sec. 2. Section 455B.186, Code 2013, is amended to read as 14 follows: 15 455B.186 Prohibited actions. 16 1. A pollutant shall not be disposed of by dumping, 17 depositing, or discharging such pollutant into any water of 18 the state, except that this section shall not be construed to 19 prohibit the discharge of adequately treated sewage, industrial 20 waste, or other waste pursuant to a permit issued by the 21 director in accordance with rules adopted by the commission . A 22 pollutant whether treated or untreated shall not be discharged 23 into any state-owned natural or artificial lake except as 24 authorized in subsection 2 . 25 2. A Subsection 1 shall not be construed to prohibit the use 26 or application of a pesticide in accordance with the federal 27 Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 136 28 et seq. However, an aquatic pesticide shall not be applied 29 to any water of this state which has been classified by the 30 department as a class “A” or class “C”, high quality, or high 31 quality resource water, except that this section shall not be 32 construed to prohibit the application of such a pesticide by a 33 certified applicator who is trained in aquatic applications and 34 who has received a permit from the department the United States 35 -1- LSB 1195HV (2) 85 tm/nh 1/ 4

H.F. 311 except as authorized in accordance with rules adopted by the 1 commission . 2 Sec. 3. Section 455B.265, subsection 1, Code 2013, is 3 amended to read as follows: 4 1. In its consideration of applications for permits, the 5 department shall give priority in processing to persons in the 6 order that the applications are received, except where the 7 application of this processing priority system prevents the 8 prompt approval of routine applications or where the public 9 health, safety, or welfare will be threatened by delay. If the 10 department determines after investigation that the diversion, 11 storage, or withdrawal is consistent with the principles and 12 policies of beneficial use and ensuring conservation, the 13 department shall grant a permit. An application for a permit 14 shall be approved or denied within ninety days from the date 15 that the department receives the complete application. A 16 renewal permit shall be approved or denied by the department 17 within thirty days from the date that the department receives 18 an a complete application for renewal. If the applicant 19 requests an extension of the time allotted, the department 20 may approve the request to allow the applicant more time to 21 submit additional information to resolve a contested or complex 22 application. Regardless of the request in the application, and 23 subject to appeal, the director or the department on appeal 24 may determine the duration and frequency of withdrawal and the 25 quantity of water to be diverted, stored, or withdrawn pursuant 26 to the permit. Each permit granted after July 1, 1986, shall 27 include conditions requiring routine conservation practices, 28 and requiring implementation of emergency conservation measures 29 after notification by the department. 30 Sec. 4. Section 466.8, Code 2013, is amended to read as 31 follows: 32 466.8 On-site wastewater systems assistance program. 33 1. The department of natural resources shall establish an 34 on-site wastewater systems assistance program for the purpose 35 -2- LSB 1195HV (2) 85 tm/nh 2/ 4

H.F. 311 of providing low-interest loans to homeowners residing outside 1 the boundaries of a city for improving on-site wastewater 2 disposal systems. 3 1. 2. The environmental protection commission shall adopt 4 rules for carrying out the program including but not limited 5 to criteria for homeowner participation, the methods used to 6 provide loans, and financing terms and limits. 7 2. 3. The department may make and execute agreements with 8 public or private entities, including lending institutions 9 as defined in section 12.32 , as required to administer the 10 program. 11 3. 4. Assistance provided to homeowners shall not be used 12 to pay the nonfederal share of the cost of any wastewater 13 system projects receiving grants under the federal Clean Water 14 Act, 33 U.S.C. § 1381 – 1387. 15 4. The department shall report to the general assembly 16 annually on the progress of the on-site wastewater systems 17 assistance program. 18 Sec. 5. Section 466.9, subsection 3, paragraph a, 19 subparagraph (1), Code 2013, is amended to read as follows: 20 (1) The financing account which shall be used for the 21 exclusive purpose of providing financing to homeowners residing 22 outside the boundaries of a city with improving on-site 23 wastewater systems under the on-site wastewater systems 24 assistance program. 25 EXPLANATION 26 This bill relates to water quality. 27 Currently, there are public notice requirements for the 28 intent to conduct or discontinue permitted activity under 29 certain general permits issued pursuant to Code chapter 455B, 30 459, 459A, or 459B relating to storm water discharge or an air 31 contaminant source. The notice must be given in two newspapers 32 with the largest circulation in the area in which the permitted 33 facility is located. The bill provides that storm water and 34 allowable nonstorm water discharges are not activities that 35 -3- LSB 1195HV (2) 85 tm/nh 3/ 4

H.F. 311 would require such notice. 1 The bill allows aquatic pesticides to be applied to waters 2 of the United States in accordance with rules adopted by the 3 environmental protection commission. 4 The bill allows an applicant for a permit for diversion, 5 storage, or withdrawal of water to receive a time extension 6 in the permitting process to provide the applicant with more 7 time to submit additional information to resolve a contested 8 or complex application. 9 Currently, a borrower under the on-site wastewater systems 10 assistance program must reside outside the boundaries 11 of a city. The bill eliminates the residential location 12 requirement. The bill also eliminates an annual reporting 13 requirement for the department under the program. 14 -4- LSB 1195HV (2) 85 tm/nh 4/ 4