House
Study
Bill
657
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
AGRICULTURE
BILL
BY
CHAIRPERSON
WULF)
A
BILL
FOR
An
Act
requiring
the
department
of
natural
resources
to
1
identify
specific
animal
sources
of
pollutants
to
a
water
of
2
the
state
when
determining
the
water’s
inclusion
on
a
list
3
of
impaired
waters.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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_____
Section
1.
Section
455B.195,
subsection
1,
Code
2026,
is
1
amended
by
adding
the
following
new
paragraph:
2
NEW
PARAGRAPH
.
0g.
The
department
shall
not
place
any
3
water
of
the
state
on
a
section
303(d)
list
based
on
levels
4
of
fecal
indicator
bacteria
until
the
department
conducts
an
5
analysis,
which
may
include
using
microbial
source
tracking,
to
6
designate
by
percentage
each
species
of
animal,
if
any,
that
7
has
contributed
to
the
impairment.
8
EXPLANATION
9
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
10
the
explanation’s
substance
by
the
members
of
the
general
assembly.
11
This
bill
relates
to
water
quality
of
surface
waters
of
12
the
state
(Code
section
455B.171(41))
under
the
federal
13
Clean
Water
Act
(CWA),
which
includes
a
series
of
public
laws
14
codified
in
33
U.S.C.
§1251
–
1376.
Section
303
of
the
CWA
15
(33
U.S.C.
§1313)
establishes
water
quality
standards
for
16
states.
States
must
establish
a
priority
ranking
of
waters
of
17
the
state
that
have
been
impaired
according
to
total
maximum
18
daily
loads
(TMDL)
of
pollutants
as
established
by
the
United
19
States
environmental
protection
agency
(EPA)
(40
C.F.R.
20
§130.7(b)(4)).
Every
two
years,
the
department
of
natural
21
resources
(DNR)
compiles
a
list
of
the
state’s
impaired
waters
22
(303(d)
list)
for
approval
by
EPA.
State
statute
requires
DNR
23
to
use
credible
data
when
determining
whether
any
water
of
the
24
state
is
to
be
placed
on
or
removed
from
the
section
303(d)
25
list
(Code
sections
455B.193
through
455B.195).
The
bill
26
provides
that
if,
in
compiling
a
303(d)
list,
DNR
determines
27
that
pollution
is
attributable
to
fecal
bacteria,
it
must
28
designate
by
percentage
each
species
of
animal,
if
any,
that
29
has
contributed
to
the
impairment.
30
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