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House File 145 - IntroducedA Bill ForAn Act 1requiring testing for perfluoroalkyl and polyfluoroalkyl
2substances in sewage sludge and other residual materials
3at wastewater treatment plants, and making penalties
4applicable.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 455B.172, subsection 10, Code 2023, is
2amended to read as follows:
310. a. Any Except as provided in paragraph “b”, any county
4ordinance related to sewage sludge which that is in effect
5on March 1, 1997, shall not be preempted by any provision of
6section 455B.171, 455B.174, 455B.183, or 455B.304.
7b. When testing conducted under section 455B.225 finds
8any amount of perfluoroalkyl or polyfluoroalkyl substances in
9sewage sludge or any other residual material, a county shall
10not authorize the land application of that sewage sludge or
11other residual material on land used for agronomic purposes, on
12land on which drainage tiles have been installed, on land that
13drains into a water of the state, or in a five-hundred-year
14floodplain.
15 Sec. 2. Section 455B.174, subsection 4, paragraph a,
16subparagraph (1), unnumbered paragraph 1, Code 2023, is amended
17to read as follows:
18Approve or disapprove the plans and specifications for the
19construction of disposal systems or public water supply systems
20except for those sewer extensions and water supply distribution
21system extensions which that are reviewed by a city or county
22public works department as set forth in section 455B.183.
23The director shall issue, revoke, suspend, modify, or deny
24permits for the operation, installation, construction, addition
25to, or modification of any disposal system or public water
26supply system except for sewer extensions and water supply
27distribution system extensions which that are reviewed by a
28city or county public works department as set forth in section
29455B.183. The director shall also issue, revoke, suspend,
30modify, or deny permits for the discharge of any pollutant,
31or for the use or disposal of sewage sludge. However, if
32testing conducted under section 455B.225 finds any amount of
33perfluoroalkyl or polyfluoroalkyl substances in sewage sludge
34or any other residual material, a permit shall not authorize
35the land application of that sewage sludge or other residual
-1-1material on land used for agronomic purposes, on land on which
2drainage tiles have been installed, on land that drains into a
3water of the state, or in a five-hundred-year floodplain. The
4permits shall contain conditions and schedules of compliance as
5necessary to meet the requirements of this part 1 of subchapter
6III or chapter 459, subchapter III, the federal Water Pollution
7Control Act and the federal Safe Drinking Water Act. A permit
8issued under this chapter for the use or disposal of sewage
9sludge is in addition to and must contain references to any
10other permits required under this chapter. The director shall
11not issue or renew a permit to a disposal system or a public
12water supply system which that is not viable. If the director
13has reasonable grounds to believe that a disposal system or
14public water supply system is not viable, the department may
15require the system to submit a business plan as a means of
16determining viability. This plan shall include the following
17components:
18 Sec. 3. Section 455B.222, Code 2023, is amended to read as
19follows:
20455B.222 Rules.
21 The commission shall adopt rules providing for the safe
22disposal and sequestration of sewage sludge and other residual
23materials accumulated at a wastewater treatment plant that
24contain any amount of perfluoroalkyl and polyfluoroalkyl
25substances.The commission may adopt any other rules as are
26necessary to carry out this part.
27 Sec. 4. NEW SECTION. 455B.225 Testing for perfluoroalkyl
28and polyfluoroalkyl substances.
291. A wastewater treatment plant shall test sewage
30sludge and any other residual material that is intended
31for land application for the presence of perfluoroalkyl and
32polyfluoroalkyl substances.
332. For purposes of this section, “perfluoroalkyl substance”
34or “polyfluoroalkyl substance” means a class of fluorinated
35organic chemicals containing at least one fully fluorinated
-2-1carbon atom.
2EXPLANATION
3The inclusion of this explanation does not constitute agreement with
4the explanation’s substance by the members of the general assembly.
5This bill requires a wastewater treatment plant to test
6for perfluoroalkyl and polyfluoroalkyl substances in sewage
7sludge and other residual materials that are intended for land
8application. When testing conducted under the bill finds
9any amount of perfluoroalkyl or polyfluoroalkyl substances
10in sewage sludge or any other residual material, a county or
11a permit for the use or disposal of sewage sludge issued by
12the department of natural resources (DNR) shall not authorize
13the land application of that sewage sludge or other residual
14material on land used for agronomic purposes, on land on which
15drainage tiles have been installed, on land that drains into a
16water of the state, or in a five-hundred-year floodplain. The
17bill requires the environmental protection commission (EPC) to
18adopt rules providing for the safe disposal and sequestration
19of sewage sludge and other residual materials accumulated
20at a wastewater treatment plant that contain any amount of
21perfluoroalkyl and polyfluoroalkyl substances.
22By operation of law, a person who violates a permit for
23the use or disposal of sewage sludge issued by DNR is subject
24to a civil penalty not to exceed $5,000 for each day of such
25violation. A wastewater treatment plant that fails to test for
26the presence of perfluoroalkyl and polyfluoroalkyl substances
27in sewage sludge and any other residual materials and any
28person who violates rules adopted by EPC is guilty of a simple
29misdemeanor. A simple misdemeanor is punishable by confinement
30for no more than 30 days and a fine of at least $105 but not
31more than $855.
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2substances in sewage sludge and other residual materials
3at wastewater treatment plants, and making penalties
4applicable.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 455B.172, subsection 10, Code 2023, is
2amended to read as follows:
310. a. Any Except as provided in paragraph “b”, any county
4ordinance related to sewage sludge which that is in effect
5on March 1, 1997, shall not be preempted by any provision of
6section 455B.171, 455B.174, 455B.183, or 455B.304.
7b. When testing conducted under section 455B.225 finds
8any amount of perfluoroalkyl or polyfluoroalkyl substances in
9sewage sludge or any other residual material, a county shall
10not authorize the land application of that sewage sludge or
11other residual material on land used for agronomic purposes, on
12land on which drainage tiles have been installed, on land that
13drains into a water of the state, or in a five-hundred-year
14floodplain.
15 Sec. 2. Section 455B.174, subsection 4, paragraph a,
16subparagraph (1), unnumbered paragraph 1, Code 2023, is amended
17to read as follows:
18Approve or disapprove the plans and specifications for the
19construction of disposal systems or public water supply systems
20except for those sewer extensions and water supply distribution
21system extensions which that are reviewed by a city or county
22public works department as set forth in section 455B.183.
23The director shall issue, revoke, suspend, modify, or deny
24permits for the operation, installation, construction, addition
25to, or modification of any disposal system or public water
26supply system except for sewer extensions and water supply
27distribution system extensions which that are reviewed by a
28city or county public works department as set forth in section
29455B.183. The director shall also issue, revoke, suspend,
30modify, or deny permits for the discharge of any pollutant,
31or for the use or disposal of sewage sludge. However, if
32testing conducted under section 455B.225 finds any amount of
33perfluoroalkyl or polyfluoroalkyl substances in sewage sludge
34or any other residual material, a permit shall not authorize
35the land application of that sewage sludge or other residual
-1-1material on land used for agronomic purposes, on land on which
2drainage tiles have been installed, on land that drains into a
3water of the state, or in a five-hundred-year floodplain. The
4permits shall contain conditions and schedules of compliance as
5necessary to meet the requirements of this part 1 of subchapter
6III or chapter 459, subchapter III, the federal Water Pollution
7Control Act and the federal Safe Drinking Water Act. A permit
8issued under this chapter for the use or disposal of sewage
9sludge is in addition to and must contain references to any
10other permits required under this chapter. The director shall
11not issue or renew a permit to a disposal system or a public
12water supply system which that is not viable. If the director
13has reasonable grounds to believe that a disposal system or
14public water supply system is not viable, the department may
15require the system to submit a business plan as a means of
16determining viability. This plan shall include the following
17components:
18 Sec. 3. Section 455B.222, Code 2023, is amended to read as
19follows:
20455B.222 Rules.
21 The commission shall adopt rules providing for the safe
22disposal and sequestration of sewage sludge and other residual
23materials accumulated at a wastewater treatment plant that
24contain any amount of perfluoroalkyl and polyfluoroalkyl
25substances.The commission may adopt any other rules as are
26necessary to carry out this part.
27 Sec. 4. NEW SECTION. 455B.225 Testing for perfluoroalkyl
28and polyfluoroalkyl substances.
291. A wastewater treatment plant shall test sewage
30sludge and any other residual material that is intended
31for land application for the presence of perfluoroalkyl and
32polyfluoroalkyl substances.
332. For purposes of this section, “perfluoroalkyl substance”
34or “polyfluoroalkyl substance” means a class of fluorinated
35organic chemicals containing at least one fully fluorinated
-2-1carbon atom.
2EXPLANATION
3The inclusion of this explanation does not constitute agreement with
4the explanation’s substance by the members of the general assembly.
5This bill requires a wastewater treatment plant to test
6for perfluoroalkyl and polyfluoroalkyl substances in sewage
7sludge and other residual materials that are intended for land
8application. When testing conducted under the bill finds
9any amount of perfluoroalkyl or polyfluoroalkyl substances
10in sewage sludge or any other residual material, a county or
11a permit for the use or disposal of sewage sludge issued by
12the department of natural resources (DNR) shall not authorize
13the land application of that sewage sludge or other residual
14material on land used for agronomic purposes, on land on which
15drainage tiles have been installed, on land that drains into a
16water of the state, or in a five-hundred-year floodplain. The
17bill requires the environmental protection commission (EPC) to
18adopt rules providing for the safe disposal and sequestration
19of sewage sludge and other residual materials accumulated
20at a wastewater treatment plant that contain any amount of
21perfluoroalkyl and polyfluoroalkyl substances.
22By operation of law, a person who violates a permit for
23the use or disposal of sewage sludge issued by DNR is subject
24to a civil penalty not to exceed $5,000 for each day of such
25violation. A wastewater treatment plant that fails to test for
26the presence of perfluoroalkyl and polyfluoroalkyl substances
27in sewage sludge and any other residual materials and any
28person who violates rules adopted by EPC is guilty of a simple
29misdemeanor. A simple misdemeanor is punishable by confinement
30for no more than 30 days and a fine of at least $105 but not
31more than $855.
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