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