House
Study
Bill
72
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
DEPARTMENT
OF
NATURAL
RESOURCES
BILL)
A
BILL
FOR
An
Act
relating
to
water
quality.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
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H.F.
_____
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
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H.F.
_____
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
21
to
submit
additional
information
to
resolve
a
contested
or
22
complex
application.
A
complete
application
which
is
not
23
denied
or
granted
an
extension
of
time
within
ninety
days
of
24
receipt
is
approved
by
default.
Regardless
of
the
request
in
25
the
application,
and
subject
to
appeal,
the
director
or
the
26
department
on
appeal
may
determine
the
duration
and
frequency
27
of
withdrawal
and
the
quantity
of
water
to
be
diverted,
28
stored,
or
withdrawn
pursuant
to
the
permit.
Each
permit
29
granted
after
July
1,
1986,
shall
include
conditions
requiring
30
routine
conservation
practices,
and
requiring
implementation
31
of
emergency
conservation
measures
after
notification
by
the
32
department.
33
Sec.
4.
Section
466.8,
Code
2013,
is
amended
to
read
as
34
follows:
35
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466.8
On-site
wastewater
systems
assistance
program.
1
1.
The
department
of
natural
resources
shall
establish
an
2
on-site
wastewater
systems
assistance
program
for
the
purpose
3
of
providing
low-interest
loans
to
homeowners
residing
outside
4
the
boundaries
of
a
city
for
improving
on-site
wastewater
5
disposal
systems.
6
1.
2.
The
environmental
protection
commission
shall
adopt
7
rules
for
carrying
out
the
program
including
but
not
limited
8
to
criteria
for
homeowner
participation,
the
methods
used
to
9
provide
loans,
and
financing
terms
and
limits.
10
2.
3.
The
department
may
make
and
execute
agreements
with
11
public
or
private
entities,
including
lending
institutions
12
as
defined
in
section
12.32
,
as
required
to
administer
the
13
program.
14
3.
4.
Assistance
provided
to
homeowners
shall
not
be
used
15
to
pay
the
nonfederal
share
of
the
cost
of
any
wastewater
16
system
projects
receiving
grants
under
the
federal
Clean
Water
17
Act,
33
U.S.C.
§
1381
–
1387.
18
4.
The
department
shall
report
to
the
general
assembly
19
annually
on
the
progress
of
the
on-site
wastewater
systems
20
assistance
program.
21
Sec.
5.
Section
466.9,
subsection
3,
paragraph
a,
22
subparagraph
(1),
Code
2013,
is
amended
to
read
as
follows:
23
(1)
The
financing
account
which
shall
be
used
for
the
24
exclusive
purpose
of
providing
financing
to
homeowners
residing
25
outside
the
boundaries
of
a
city
with
improving
on-site
26
wastewater
systems
under
the
on-site
wastewater
systems
27
assistance
program.
28
EXPLANATION
29
This
bill
relates
to
water
quality.
30
Currently,
there
are
public
notice
requirements
for
the
31
intent
to
conduct
or
discontinue
permitted
activity
under
32
certain
general
permits
issued
pursuant
to
Code
chapter
455B,
33
459,
459A,
or
459B
relating
to
storm
water
discharge
or
an
air
34
contaminant
source.
The
notice
must
be
given
in
two
newspapers
35
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S.F.
_____
H.F.
_____
with
the
largest
circulation
in
the
area
in
which
the
permitted
1
facility
is
located.
The
bill
provides
that
storm
water
and
2
allowable
nonstorm
water
discharges
are
not
activities
that
3
would
require
such
notice.
4
The
bill
allows
aquatic
pesticides
to
be
applied
to
waters
5
of
the
United
States
in
accordance
with
rules
adopted
by
the
6
environmental
protection
commission.
7
The
bill
allows
an
applicant
for
a
permit
for
diversion,
8
storage,
or
withdrawal
of
water
to
receive
a
time
extension
9
in
the
permitting
process
to
provide
the
applicant
with
more
10
time
to
submit
additional
information
to
resolve
a
contested
11
or
complex
application.
The
bill
provides
that
a
complete
12
application
which
is
not
denied
or
granted
an
extension
of
time
13
within
90
days
of
receipt
is
approved
by
default.
14
Currently,
a
borrower
under
the
on-site
wastewater
systems
15
assistance
program
must
reside
outside
the
boundaries
16
of
a
city.
The
bill
eliminates
the
residential
location
17
requirement.
The
bill
also
eliminates
an
annual
reporting
18
requirement
for
the
department
under
the
program.
19
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