House File 2086 - Introduced HOUSE FILE 2086 BY MAXWELL A BILL FOR An Act relating to water supply and disposal, including the 1 construction of disposal and public water supply systems and 2 the implementation of federal wastewater and storm water 3 regulations. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5240YH (3) 86 tr/nh

H.F. 2086 Section 1. Section 455B.174, subsection 4, paragraph a, 1 subparagraph (1), Code 2016, is amended to read as follows: 2 (1) Approve or disapprove the plans and specifications 3 for the construction of disposal systems or public water 4 supply systems except for those sewer extensions and water 5 supply distribution system extensions which are reviewed by 6 a city or county public works department as set forth in 7 section 455B.183 . If, during the review of the plans and 8 specifications for a disposal system, a disagreement arises in 9 regard to whether such plans and specifications satisfy the 10 statewide standards established pursuant to section 455B.173, 11 subsection 8, the applicant may request an interim appeal to 12 the director. If a request for an interim appeal is received 13 by the director, the director shall meet with the applicant and 14 department personnel and shall make a written determination 15 in regard to whether the submitted plans and specifications 16 satisfy the statewide standards and reasonably assure reliable 17 compliance with applicable permit requirements, and whether 18 an exception to the statewide standards is warranted. The 19 director shall issue, revoke, suspend, modify, or deny permits 20 for the operation, installation, construction, addition 21 to, or modification of any disposal system or public water 22 supply system except for sewer extensions and water supply 23 distribution system extensions which are reviewed by a city 24 or county public works department as set forth in section 25 455B.183 . The director shall also issue, revoke, suspend, 26 modify, or deny permits for the discharge of any pollutant, or 27 for the use or disposal of sewage sludge. The permits shall 28 contain conditions and schedules of compliance as necessary to 29 meet the requirements of this part of this division or chapter 30 459, subchapter III , the federal Water Pollution Control Act 31 and the federal Safe Drinking Water Act. A permit issued under 32 this chapter for the use or disposal of sewage sludge is in 33 addition to and must contain references to any other permits 34 required under this chapter . The director shall not issue or 35 -1- LSB 5240YH (3) 86 tr/nh 1/ 3

H.F. 2086 renew a permit to a disposal system or a public water supply 1 system which is not viable. If the director has reasonable 2 grounds to believe that a disposal system or public water 3 supply system is not viable, the department may require the 4 system to submit a business plan as a means of determining 5 viability. This plan shall include the following components: 6 Sec. 2. NEW SECTION . 455B.199D Wastewater or storm water 7 systems and plants —— report on compliance costs. 8 1. The department, in conjunction with affected counties 9 and cities, shall submit an annual report to the general 10 assembly detailing the anticipated costs to such counties and 11 cities for construction of or other upgrades to wastewater 12 or storm water systems, facilities, or other infrastructure 13 required for compliance with United States environmental 14 protection agency regulations related to the administration of 15 the federal Water Pollution Control Act as defined in section 16 455B.171, the federal Clean Water Act and the federal Safe 17 Drinking Water Act as defined in section 455B.291, or other 18 federal laws relating to wastewater or storm water. 19 2. The report shall contain all of the following: 20 a. The name of each affected city or county. 21 b. The date on which a permit was granted to the city or 22 county pursuant to section 455B.103A or 455B.197. 23 c. Information on the costs and progress of the most 24 recent construction or other upgrades to wastewater or storm 25 water systems in each city or county and the remaining debt 26 associated with such construction or other upgrades for each 27 city or county. 28 d. The potential costs to the city or county for any 29 required upcoming construction or other upgrades. 30 EXPLANATION 31 The inclusion of this explanation does not constitute agreement with 32 the explanation’s substance by the members of the general assembly. 33 This bill allows an applicant for construction of a disposal 34 system to request an interim appeal to the director of the 35 -2- LSB 5240YH (3) 86 tr/nh 2/ 3

H.F. 2086 department of natural resources if a dispute arises during 1 review of the plans and specifications for the disposal system. 2 If the director receives such a request, the director shall 3 meet with the applicant and department personnel. The director 4 shall make a written determination regarding whether the 5 submitted plans and specifications satisfy statewide standards 6 and reasonably assure reliable compliance with applicable 7 permit requirements, and whether an exception to the statewide 8 standards is warranted. 9 The bill requires the department of natural resources to 10 work with affected cities and counties to produce an annual 11 report regarding the anticipated costs for construction 12 of or other upgrades to wastewater or storm water systems, 13 facilities, or other infrastructure required for compliance 14 with United States environmental protection agency regulations 15 related to the administration of the federal Water Pollution 16 Control Act, the federal Clean Water Act, and the federal 17 Safe Drinking Water Act, or other federal laws relating to 18 wastewater or storm water. The report shall contain the name 19 of each city or county, the date on which each city or county 20 was granted a permit regarding such systems pursuant to Code 21 section 455B.103A or 455B.197, an update on the costs and 22 progress of the most recent construction or other upgrades to 23 wastewater or storm water systems and the remaining associated 24 debt, and the potential costs of upcoming construction or other 25 upgrades. 26 -3- LSB 5240YH (3) 86 tr/nh 3/ 3