HF 2530 (LSB 6067HV (1) 91)

HOUSE FILE 2530

BY  COMMITTEE ON AGRICULTURE

(SUCCESSOR TO HSB 657)

A BILL FOR

An Act requiring the department of natural resources to identify specific animal sources of pollutants to a water of the state when determining the water’s inclusion on a list of impaired waters.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 455B.195, subsection 1, Code 2026, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  0g.  The department shall not place any water of the state on a section 303(d) list based on levels of fecal indicator bacteria until the department conducts an analysis, which may include using microbial source tracking, to designate by percentage each species of animal, if any, that has contributed to the impairment.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to water quality of surface waters of the state (Code section 455B.171(41)) under the federal Clean Water Act (CWA), which includes a series of public laws codified in 33 U.S.C. §1251 – 1376. Section 303 of the CWA (33 U.S.C. §1313) establishes water quality standards for states. States must establish a priority ranking of waters of the state that have been impaired according to total maximum daily loads (TMDL) of pollutants as established by the United States environmental protection agency (EPA) (40 C.F.R. §130.7(b)(4)). Every two years, the department of natural resources (DNR) compiles a list of the state’s impaired waters (303(d) list) for approval by EPA. State statute requires DNR to use credible data when determining whether any water of the state is to be placed on or removed from the section 303(d) list (Code sections 455B.193 through 455B.195). The bill provides that if, in compiling a 303(d) list, DNR determines that pollution is attributable to fecal bacteria, it must designate by percentage each species of animal, if any, that has contributed to the impairment.