House
File
2642
-
Reprinted
HOUSE
FILE
2642
BY
COMMITTEE
ON
NATURAL
RESOURCES
(SUCCESSOR
TO
HSB
713)
(As
Amended
and
Passed
by
the
House
March
12,
2026
)
A
BILL
FOR
An
Act
relating
to
the
use
of
water,
including
beneficial
use
1
in
the
context
of
water
allocation
and
the
disposal
of
2
wastewater
from
distillery
operations.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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2642
Section
1.
Section
455B.171,
Code
2026,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
18A.
“On-site
native
distillery
operation”
3
means
land
where
there
is
located
an
operating
native
4
distillery
issued
a
class
“A”
native
distilled
spirits
license
5
by
the
department
of
revenue
pursuant
to
section
123.43A.
6
Sec.
2.
NEW
SECTION
.
455B.172B
On-site
native
distillery
7
operations.
8
1.
The
department
shall
adopt
by
rule
pursuant
to
chapter
9
17A
standards
for
the
disposal
of
wastewater
from
an
on-site
10
native
distillery
operation.
These
standards
shall
provide
for
11
but
are
not
limited
to
disposal
by
all
of
the
following:
12
a.
By
land
application
if
all
of
the
following
apply:
13
(1)
The
volume
of
wastewater
produced
by
the
on-site
native
14
distillery
operation
is
less
than
one
thousand
five
hundred
15
gallons
per
day.
16
(2)
The
application
rate
does
not
exceed
thirty
thousand
17
gallons
per
acre
per
year.
18
(3)
The
application
rate
does
not
exceed
one
thousand
five
19
hundred
gallons
per
acre
per
day.
20
(4)
The
standards
for
land
application
are
consistent
with
21
the
rules
for
land
application
of
septage
adopted
to
implement
22
section
455B.172.
23
b.
At
a
publicly
owned
treatment
works
or
other
wastewater
24
treatment
system
with
the
permission
of
the
owner
of
the
25
treatment
works.
26
c.
Through
a
subsurface
absorption
system
in
conformance
27
with
applicable
regulations
of
the
United
States
environmental
28
protection
agency.
29
d.
Through
a
disposal
system
that
meets
all
of
the
following
30
requirements:
31
(1)
The
disposal
system
is
located
on
the
same
site
as
the
32
on-site
native
distillery
operation.
33
(2)
The
disposal
system
is
constructed
in
conformance
with
a
34
permit
issued
by
the
department.
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For
a
disposal
system
that
discharges
wastewater
1
into
a
water
of
the
United
States,
the
system
is
operated
in
2
conformance
with
a
national
pollutant
discharge
elimination
3
system
permit
issued
by
the
department
under
section
455B.197.
4
Sec.
3.
Section
455B.261,
subsection
4,
Code
2026,
is
5
amended
by
striking
the
subsection.
6
Sec.
4.
Section
455B.265,
subsection
1,
Code
2026,
is
7
amended
to
read
as
follows:
8
1.
In
its
consideration
of
applications
for
permits,
the
9
department
shall
give
priority
in
processing
to
persons
in
10
the
order
that
the
applications
are
received,
except
where
11
when
the
application
of
this
processing
priority
system
12
prevents
the
prompt
approval
of
routine
applications
or
13
where
when
the
public
health,
safety,
or
welfare
will
be
14
threatened
by
delay.
If
the
department
determines
after
15
investigation
that
the
diversion,
storage,
or
withdrawal
is
16
consistent
with
the
principles
and
policies
of
beneficial
17
use
and
ensuring
conservation,
the
department
shall
grant
a
18
permit.
The
determination
of
beneficial
use
shall
not
be
19
based
on
categories
of
uses.
An
application
for
a
permit
20
shall
be
approved
or
denied
within
ninety
days
from
the
date
21
that
the
department
receives
the
complete
application.
A
22
renewal
permit
shall
be
approved
or
denied
by
the
department
23
within
thirty
days
from
the
date
that
the
department
receives
a
24
complete
application
for
renewal.
If
the
applicant
requests
an
25
extension
of
the
time
allotted,
the
department
may
approve
the
26
request
to
allow
the
applicant
more
time
to
submit
additional
27
information
to
resolve
a
contested
or
complex
application.
28
Regardless
of
the
request
in
the
application,
and
subject
29
to
appeal,
the
director
or
the
department
may
determine
the
30
duration
and
frequency
of
withdrawal
and
the
quantity
of
31
water
to
be
diverted,
stored,
or
withdrawn
pursuant
to
the
32
permit.
Each
permit
granted
after
July
1,
1986,
shall
include
33
conditions
requiring
routine
conservation
practices,
and
34
requiring
implementation
of
emergency
conservation
measures
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notification
by
the
department.
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