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: 4 TLSB 1612SV 83 5 tm/nh/8 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 2 15 tm/nh/jh/26