HSB 736 (LSB 6893YC (1) 91)

HOUSE FILE _____ 

BY  (PROPOSED COMMITTEE ON NATURAL RESOURCES BILL BY CHAIRPERSON WOOD)

A BILL FOR

An Act relating to the treatment of private sewage disposal systems, including monitoring, maintenance, and reporting requirements, and including applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  455B.241  Definitions.
   As used in this part 3 of subchapter III, unless the context otherwise requires:
   1.  “Aerobic treatment unit” means a disposal system employing bacterial action that is maintained by the utilization of air or oxygen and includes the aeration plant and equipment and the method of final effluent disposal.
   2.  “Certified technician” means a person who is certified in accordance with the manufacturer to monitor, maintain, and inspect the system.
   3.  “Class A proprietary treatment system” or “class A system” means a media-based or passive secondary treatment system including but not limited to a peat moss biofilter, coconut fiber filter, synthetic foam filter, polystyrene bead media filter, or textile filter.
   4.  “Class B proprietary treatment system” or “class B system” means a secondary treatment system that relies on mechanical aeration or fixed film processes.
   5.  “Packed bed media filter” means a watertight structure filled with uniformly sized media that is normally placed over an underdrain system. The wastewater is dosed onto the surface of the media through a distribution network and is allowed to percolate through the media to the underdrain system. The underdrain collects the filtrate and discharges the final effluent.
   6.  “Private sewage disposal system” means a system that provides for the treatment or disposal of domestic sewage from four or fewer dwelling units or the equivalent of less than sixteen individuals on a continuing basis, including domestic waste, whether residential or nonresidential, but not including industrial waste of any flow rate except as provided for in 567 IAC 68.8. “Private sewage disposal system” includes but is not limited to a septic tank, holding tank for waste, chemical toilet, impervious vault toilet, or portable toilet.
   7.  “Proprietary treatment system” means either a class A or class B system.
    Sec. 2.  NEW SECTION.  455B.242  Monitoring and maintenance requirements.
   1.  Prior to the installation of a private sewage disposal system, the owner shall enter a monitoring and maintenance contract with a certified technician. The contract shall be required for the life of the system, and a copy of the contract shall be provided to the county sanitarian.
   2.  A private sewage disposal system shall be inspected, monitored, and maintained in accordance with the manufacturer’s specifications. However, a class A system shall be inspected at least annually. A class B system shall be inspected at least twice per year or more frequently if required by the manufacturer’s specifications.
   3.  All monitoring and maintenance shall be performed by a certified technician. A certified technician shall report results to the system owner and to the county sanitarian. All inspections shall be performed by the county sanitarian and such results shall be reported as required in section 455B.243.
   4.  For a class A proprietary treatment system, a media filter such as a peat moss biofilter, coconut fiber filter, synthetic foam filter, polystyrene bead media filter, or textile filter may be used if the site is unacceptable for a soil absorption system and an intermittent sand filter. Preference should be given to the use of a class A system due to the higher maintenance requirements of aerobic treatment units and fixed film systems. An aerobic treatment unit may be used only when the site is unacceptable for a soil absorption system or an intermittent sand filter. Because of the higher maintenance requirements of aerobic treatment units, preference should be given to packed bed media filters where conditions allow.
   5.  For a class B proprietary treatment system, an aerobic treatment unit and modular fixed film system may only be used when the site is unacceptable for a soil absorption system, intermittent sand filter, and class A system. A class B system shall not be used for a vacation home, church, event facility, or infrequent-use facility.
   6.  An aerobic treatment unit that discharges on the surface of the ground shall have either an intermittently operated slow sand filter or a free access sand filter on the discharge, with both types of sand filters sized at a maximum of five gallons per square foot of design flow. The free access sand filter shall have a minimum of twenty-four inches of filter sand over the top of a collection system. The free access sand filter cover shall be easily opened to clean the sand surface.
    Sec. 3.  NEW SECTION.  455B.243  Reporting.
   1.  When a county sanitarian conducts an inspection of a private sewage disposal system, at least the following information shall be recorded:
   a.  The date of the review.
   b.  The type of proprietary treatment system.
   c.  Whether the system is functioning correctly or functioning incorrectly.
   d.  If the system is functioning incorrectly, the primary reason for the deficiency, including but not limited to:
   (1)  Improper installation.
   (2)  Lack of required maintenance.
   (3)  Failure to meet expected treatment performance.
   2.  The county sanitarian shall submit the information to the department in the form and manner prescribed by the department.
   3.  The department shall compile the information and shall maintain a publicly accessible database summarizing inspection outcomes. The database shall not include personally identifiable information.
    Sec. 4.  NEW SECTION.  455B.244  Rulemaking authority.
   The department may adopt rules as necessary to administer this part.
    Sec. 5.  APPLICABILITY.  This Act applies to the monitoring, maintenance, and inspection of private sewage disposal systems, as defined in section 455B.241, as enacted by this Act, installed on or after July 1, 2026.
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 the treatment of private sewage disposal systems, including monitoring, maintenance, and reporting requirements.
   The bill defines key terms, including “aerobic treatment unit”, “private sewage disposal system”, and “proprietary treatment system”, classifying proprietary treatment systems into class A systems, which are media-based or passive secondary treatment systems, and class B systems, which rely on mechanical aeration or fixed film processes.
   The bill requires, prior to installation of a private sewage disposal system, the owner to enter into a monitoring and maintenance contract with a certified technician. The contract is required for the life of the system, and a copy must be provided to the county sanitarian. The bill requires systems to be inspected, monitored, and maintained in accordance with manufacturer specifications, and sets minimum inspection frequencies for each system type. The bill requires a certified technician to perform monitoring and maintenance and to report the results to the system owner and the county sanitarian. The bill requires the county sanitarian to perform all inspections and report the results as provided in the bill.
   The bill allows a class A system to use a media filter when a site is unsuitable for a soil absorption system and an intermittent sand filter, and expresses a preference for class A systems. The bill allows the use of an aerobic treatment unit only when a site is unacceptable for a soil absorption system or an intermittent sand filter, and expresses a preference for packed bed media filters where conditions allow. For a class B system, the bill only allows an aerobic treatment unit and modular fixed film system when a site is unsuitable for a soil absorption system, intermittent sand filter, and class A system. The bill also prohibits the use of a class B system for a vacation home, church, event facility, and any other infrequent-use facility.
   The bill requires an aerobic treatment unit that discharges on the surface of the ground to use either an intermittently operated slow sand filter or a free access sand filter that meets certain specifications.
   The bill requires a county sanitarian to record certain information when inspecting a private sewage disposal system, including the date of review, the type of system, whether the system is functioning correctly, and, if not, the primary reason for the deficiency. The county sanitarian must submit the information to the department of natural resources (department). The bill requires the department to compile the information and maintain a publicly accessible database summarizing inspection outcomes, without including personally identifiable information.
   The bill authorizes the department to adopt rules as necessary to administer the bill.
   The bill applies to the monitoring, maintenance, and inspection of private sewage disposal systems installed on or after July 1, 2026.