Senate File 24 - Introduced SENATE FILE 24 BY BOLKCOM A BILL FOR An Act relating to Iowa national pollutant discharge 1 elimination system program signage and providing a penalty. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1430XS (2) 85 tm/nh

S.F. 24 Section 1. NEW SECTION . 455B.189 Discharge point signs —— 1 penalty —— exceptions. 2 1. A person paying an annual permit fee for an Iowa national 3 pollutant discharge elimination system program permit listed 4 under section 455B.197, subsection 3, shall post or erect a 5 conspicuous and legible sign of not less than eighteen inches 6 by twenty-four inches at all points of discharge to surface 7 waters. The location of the sign on the property of the permit 8 holder shall be as close in proximity to the point of discharge 9 into the surface water as is reasonably possible while ensuring 10 the maximum visibility from the surface water and shore. 11 2. At a minimum, the sign shall include all of the 12 following: 13 a. A statement containing the words “Iowa state permitted 14 discharge point permit no. (insert permit number). For 15 information on this discharge you can contact: (insert contact 16 information)”. 17 b. The Iowa national pollutant discharge elimination system 18 program permit number issued by the department. 19 c. The name and telephone number of the permit holder which 20 shall be the business office repository of the permit holder. 21 d. The internet address of an internet site sponsored by the 22 department where more information may be obtained. 23 3. A permit holder shall periodically and reasonably 24 maintain the sign to ensure that the sign is still legible, 25 visible, and factually correct. A good faith documented effort 26 by the permit holder to maintain the sign is an affirmative 27 defense in any action relating to the unauthorized absence of 28 a sign. 29 4. A person violating a provision of this section is subject 30 to a civil penalty of not more than one hundred dollars per day 31 for each day such violation continues. 32 5. The department may grant a waiver of the requirements of 33 this section if the department determines a security concern 34 may exist due to the posting of a sign under this section. 35 -1- LSB 1430XS (2) 85 tm/nh 1/ 2

S.F. 24 6. This section shall not apply to a permit holder that is 1 an open feedlot operation as defined in section 459A.102 or an 2 animal feeding operation as defined in section 459.102. 3 Sec. 2. Section 455B.191, subsection 2, Code 2013, is 4 amended to read as follows: 5 2. Any person who violates any provision of part 1 of 6 division III of this chapter or any permit, rule, standard, 7 or order issued under part 1 of division III of this chapter 8 shall be subject to a civil penalty not to exceed five thousand 9 dollars for each day of such violation. This section shall not 10 apply to violations of section 455B.189. 11 EXPLANATION 12 This bill relates to Iowa national pollutant discharge 13 elimination system program signage. 14 The bill requires a person paying a permit fee for an 15 Iowa national pollutant discharge elimination system program 16 individual permit for nonstorm water to post or erect a 17 conspicuous and legible sign at all points of discharge to 18 surface waters. The bill provides size, content, and location 19 requirements for the signage. 20 The bill requires that a permit holder shall periodically 21 and reasonably maintain the sign to ensure that the sign is 22 still legible, visible, and factually correct. The bill 23 provides that a good faith documented effort by the permit 24 holder to maintain the sign is an affirmative defense in any 25 action relating to the unauthorized absence of a sign. The 26 bill allows the department to grant waivers. The bill provides 27 that the signage requirements do not apply to permit holders 28 that are an open feedlot operation or an animal feeding 29 operation. 30 The bill provides for a civil penalty of not more than $100 31 per day for each day a violation continues. The penalty in the 32 bill is in place of the general penalty provisions provided in 33 Code section 455B.191. 34 -2- LSB 1430XS (2) 85 tm/nh 2/ 2