HF 457 (LSB 2005YH (5) 86)

HOUSE FILE 457

BY  PETTENGILL and STANERSON

A BILL FOR

An Act relating to the implementation of federal wastewater and storm water regulations.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  455B.199D  Wastewater or storm water systems and plants —— construction and design standards —— report on compliance costs.
   1.  a.  The commission shall not adopt rules to implement federal environmental programs required pursuant to the federal Water Pollution Control Act as defined in section 455B.171, the federal Clean Water Act and the federal Safe Drinking Water Act as defined in section 455B.291, or other federal laws relating to wastewater or storm water system or plant construction designs that are more restrictive than the requirements of the federal program unless the commission determines that more restrictive requirements are necessary to protect public health or the environment. An engineer, owner of a wastewater or storm water system or plant, or other person involved in the design or construction of such a system or plant may present information as identified by the commission by rule to the commission regarding the sufficiency of wastewater or storm water system or plant construction designs.
   b.  The commission shall approve wastewater or storm water system or plant construction designs that are consistent with peak wet weather design conditions as identified by the commission by rule.
   2.  a.  The department of natural resources, in conjunction with affected counties and cities, shall submit an annual report to the general assembly detailing the anticipated costs to such counties and cities for construction of or other upgrades to wastewater or storm water systems, facilities, or other infrastructure required for compliance with United States environmental protection agency regulations related to the administration of the federal Water Pollution Control Act as defined in section 455B.171, the federal Clean Water Act and the federal Safe Drinking Water Act as defined in section 455B.291, or other federal laws relating to wastewater or storm water.
   b.  The report shall contain all of the following:
   (1)  The name of each affected city or county.
   (2)  The date on which a permit was granted to the city or county pursuant to section 455B.103A or section 455B.197.
   (3)  Information on the costs and progress of the most recent construction or other upgrades to wastewater or storm water systems in each city or county and the remaining debt associated with such construction or other upgrades for each city or county.
   (4)  The potential costs to the city or county for any required upcoming construction or other upgrades.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill prohibits the environmental protection commission from adopting rules, as required to implement federal environmental programs required pursuant to the federal Water Pollution Control Act, the federal Clean Water Act, and the federal Safe Drinking Water Act, or other federal laws relating to wastewater or storm water system or plant construction designs, that are more restrictive than the requirements of the federal program unless the commission determines that more restrictive requirements are necessary to protect public health or the environment. The bill allows engineers, owners of wastewater or storm water facilities, or others involved in the construction of such facilities to present information to the commission regarding the sufficiency of the design of such facilities. The bill allows the commission to enumerate the type of information it would accept in that instance by rule.
   The bill requires that the commission approve wastewater or storm water system or plant construction designs that are consistent with peak wet weather design conditions as identified by the commission by rule.
   The bill requires the department of natural resources to work with affected cities and counties to produce an annual report regarding the anticipated costs for construction of or other upgrades to wastewater or storm water systems, facilities, or other infrastructure required for compliance with United States environmental protection agency regulations related to the administration of the federal Water Pollution Control Act, the federal Clean Water Act, and the federal Safe Drinking Water Act, or other federal laws relating to wastewater or storm water. The report shall contain the name of each city or county, the date on which each city or county was granted a permit regarding such systems pursuant to Code section 455B.103A or section 455B.197, an update on the costs and progress of the most recent construction or other upgrades to wastewater or storm water systems and the remaining associated debt, and the potential costs of upcoming construction or other upgrades.