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 TLSB 1195DP (4) 85 tm/nh
S.F. _____ 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 -1- LSB 1195DP (4) 85 tm/nh 1/ 4
S.F. _____ 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 -2- LSB 1195DP (4) 85 tm/nh 2/ 4
S.F. _____ H.F. _____ 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 -3- LSB 1195DP (4) 85 tm/nh 3/ 4
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 -4- LSB 1195DP (4) 85 tm/nh 4/ 4