Senate File 263 - Reprinted
SENATE FILE
BY COMMITTEE ON ENVIRONMENT
AND ENERGY INDEPENDENCE
(SUCCESSOR TO SF 46)
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to Iowa national pollutant discharge elimination
2 system program signage and providing a penalty.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN
1 1 Section 1. NEW SECTION. 455B.189 DISCHARGE POINT SIGNS.
1 2 1. A person holding an individual Iowa national pollutant
1 3 discharge elimination system program permit issued by the
1 4 department shall post or erect a conspicuous and legible sign
1 5 of not less than eighteen inches by twenty=four inches at all
1 6 points of discharge to surface waters. The location of the
1 7 sign on the property of the permit holder shall be as close in
1 8 proximity to the point of discharge into the surface water as
1 9 is reasonably possible while ensuring the maximum visibility
1 10 from the surface water and shore.
1 11 2. At a minimum, the sign shall include all of the
1 12 following:
1 13 a. A statement containing the words "Iowa state permitted
1 14 discharge point permit no. (insert permit number). For
1 15 information on this discharge you can contact: (insert contact
1 16 information)".
1 17 b. The individual Iowa national pollutant discharge
1 18 elimination system program permit number issued by the
1 19 department.
1 20 c. The name and telephone number of the permit holder
1 21 which shall be the business office repository of the permit
1 22 holder.
1 23 d. The internet address of an internet website sponsored
1 24 by the department where more information may be obtained.
1 25 3. A permit holder shall periodically and reasonably
1 26 maintain the sign to ensure that the sign is still legible,
1 27 visible, and factually correct. A good faith documented
1 28 effort by the permit holder to maintain the sign is an
1 29 affirmative defense in any action relating to the unauthorized
1 30 absence of a sign.
1 31 4. A person violating a provision of this section is
1 32 subject to a civil penalty of not more than one hundred
1 33 dollars per day for each day such violation continues.
1 34 5. The department may grant a waiver of the requirements
1 35 of this section if the department determines a security
2 1 concern may exist due to the posting of a sign under this
2 2 section.
2 3 6. This section shall not apply to a permit holder that is
2 4 an open feedlot operation as defined in section 459A.102 or an
2 5 animal feeding operation as defined in section 459.102.
2 6 Sec. 2. Section 455B.191, subsection 1, Code 2009, is
2 7 amended to read as follows:
2 8 1. Any person who violates any provision of part 1 of
2 9 division III of this chapter or any permit, rule, standard, or
2 10 order issued under part 1 of division III of this chapter
2 11 shall be subject to a civil penalty not to exceed five
2 12 thousand dollars for each day of such violation. This section
2 13 shall not apply to violations of section 455B.189.
2 14 SF 263
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