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Senate File 334 - IntroducedA Bill ForAn Act 1providing for a county groundwater pollution control
2program, and providing for penalties.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 455B.171, Code 2017, is amended by adding
2the following new subsections:
3 NEW SUBSECTION. 1A. “Agricultural drainage well area” means
4the same as defined in section 460.101.
5 NEW SUBSECTION. 8A. “Groundwater” means the same as defined
6in section 455E.2.
7 NEW SUBSECTION. 10A. “Karst terrain” means the same as
8defined in section 459.102.
9 NEW SUBSECTION. 29A. “Sensitive groundwater access area”
10means karst terrain or a location that drains into a known
11sinkhole.
12 Sec. 2. NEW SECTION. 455B.201 Definitions.
13As used in this subpart, unless the context otherwise
14requires:
151. “Board” means a county board of supervisors.
162. “County groundwater pollution control program” or
17“program” means the program conducted by a county board of
18supervisors as provided in this subpart.
193. “State groundwater protection regulations” means the
20provisions of state law described in section 455B.202.
21 Sec. 3. NEW SECTION. 455B.202 Authorization.
221. A county board of supervisors that has been issued a
23certificate of acceptance by the department pursuant to section
24455B.203 may conduct a county groundwater pollution control
25program.
262. If the department issues a certificate of acceptance to
27a county board of supervisors pursuant to section 455B.203,
28the department cedes its powers and duties to the county board
29of supervisors to administer and enforce state groundwater
30protection regulations that apply to sources that are located
31in sensitive groundwater access areas in the county. The scope
32of such state groundwater protection regulations is limited
33to the provisions of division I and this division, including
34rules adopted by the department pursuant to such divisions;
35the provisions of chapter 459, subchapter III, including rules
-1-1adopted by the department pursuant to that subchapter; chapter
2459A, including rules adopted by the department pursuant to
3that chapter; chapter 459B, including rules adopted by the
4department pursuant to that chapter; and chapter 460, including
5rules adopted by the department pursuant to that chapter.
6 Sec. 4. NEW SECTION. 455B.203 Certificate of acceptance —
7request and approval.
81. In order to conduct a county groundwater pollution
9control program, a county board of supervisors must make
10a request to the department. The request shall include
11a resolution adopted by the board and any supporting
12documentation required by the department relating to the
13board’s implementation and administration of the program.
142. The department shall approve or disapprove a request
15submitted by a county board of supervisors based on a
16determination of whether the board is capable of conducting the
17program in lieu of the department administering and enforcing
18state groundwater protection regulations as provided in section
19455B.202.
203. In evaluating a request submitted by a county board of
21supervisors under this section, the department shall consider
22all of the following:
23a. The types of ordinances, rules, or standards that the
24board plans to adopt in order to conduct the program. The
25ordinances, rules, or standards must be consistent with or more
26strict than state law.
27b. The county’s administrative organization, staff, and
28financial or other resources available to effectively conduct
29the program.
30c. The location of monitoring devices that may provide a
31reasonably consistent measurement of groundwater contamination
32in compliance with uniform state standards that shall be
33adopted by the department.
344. The department may conduct a public hearing before
35approving or disapproving a request submitted by a county board
-2-1of supervisors under this section.
25. The department shall notify a county board of supervisors
3of the department’s decision in regard to a request within one
4hundred eighty days of the date that it received the request.
5Once the department approves a request, it shall issue a
6certificate of acceptance to the board. The department may
7limit or qualify the certificate of acceptance as necessary in
8order to perform duties reserved by law to the department or
9to perform concurrent functions with the board, including the
10issuance of permits. The department shall not reduce the scope
11of the certificate of acceptance so that it cedes less than the
12requested authority to conduct the program. The department
13shall continue to administer and enforce the state groundwater
14protection regulations within the county that are not ceded to
15the county board of supervisors.
16 Sec. 5. NEW SECTION. 455B.204 Suspension or revocation of
17certificate of acceptance.
18The department may determine at any time that a county
19board of supervisors is not conducting a county groundwater
20pollution control program in a manner consistent with its
21certificate of acceptance. Upon making the determination,
22the department shall notify the county board of supervisors,
23citing all inconsistencies and corrective measures required
24to be completed by the board within a reasonable amount of
25time. If the board does not implement corrective measures
26within the reasonable amount of time, the department shall
27suspend or revoke the certificate of acceptance. The
28department's suspension may reduce the scope of the certificate
29of acceptance so that it cedes less authority to conduct the
30program to the board. Upon receipt of evidence that the board
31has taken corrective action, the department may reinstate a
32suspended certificate of acceptance with or without limitation,
33and the board shall resume conducting the county groundwater
34pollution control program as provided by the reinstated
35certificate of acceptance. The department shall temporarily
-3-1administer and enforce the state groundwater protection
2regulations until the matter is concluded.
3 Sec. 6. NEW SECTION. 455B.205 Contest of departmental
4action.
5A board of supervisors may contest a decision by the
6department as provided in this subpart. The board shall
7contest the decision as a contested case proceeding conducted
8by the department of inspections and appeals pursuant to
9chapter 17A. The burden of proof shall be on the board.
10 Sec. 7. NEW SECTION. 455B.206 Attorney general.
11The department’s issuance of a certificate of acceptance
12pursuant to section 455B.203 does not limit the authority of
13the attorney general to enforce state groundwater protection
14regulations.
15 Sec. 8. NEW SECTION. 455B.207 Prosecution — criminal
16penalties.
17A county board of supervisors conducting a county
18groundwater pollution control program may refer any matter
19requiring enforcement of state groundwater protection
20regulations that has been ceded to the board to the attorney
21general for a civil or criminal action, in the same manner as
22the department. The board may also refer the matter to the
23county attorney for civil or criminal action. Moneys collected
24in fines and civil penalties shall be credited to the state
25in the same manner as if the fines or civil penalties were
26collected by the attorney general.
27 Sec. 9. NEW SECTION. 455B.208 Civil penalties.
28Notwithstanding sections 331.302 and 331.307, a county
29board of supervisors conducting a county groundwater pollution
30control program may administratively establish, assess, and
31collect civil penalties consistent with state groundwater
32protection regulations. Civil penalties shall be credited to
33the state in the same manner as civil penalties collected by
34the department for the same violation.
35 Sec. 10. NEW SECTION. 455B.301B County groundwater
-4-1pollution control program.
2A county board of supervisors issued a certificate of
3acceptance to conduct a county groundwater pollution control
4program by the department pursuant to division III, part 1, of
5this chapter may administer and enforce the provisions of this
6division within sensitive groundwater access areas located in
7the county.
8 Sec. 11. NEW SECTION. 459.302A County groundwater pollution
9control program.
10A county board of supervisors issued a certificate of
11acceptance to conduct a county groundwater pollution control
12program by the department pursuant to chapter 455B, division
13III, part 1, may administer and enforce the provisions of this
14subchapter within sensitive groundwater access areas located
15in the county.
16 Sec. 12. NEW SECTION. 459A.106 County groundwater pollution
17control program.
18A county board of supervisors issued a certificate of
19acceptance to conduct a county groundwater pollution control
20program by the department pursuant to chapter 455B, division
21III, part 1, may administer and enforce the provisions of this
22chapter within sensitive groundwater access areas located in
23the county.
24 Sec. 13. NEW SECTION. 459B.105 County groundwater pollution
25control program.
26A county board of supervisors issued a certificate of
27acceptance to conduct a county groundwater pollution control
28program by the department pursuant to chapter 455B, division
29III, part 1, may administer and enforce the provisions of this
30chapter within sensitive groundwater access areas located in
31the county.
32 Sec. 14. NEW SECTION. 460.102 County groundwater pollution
33control program.
34A county board of supervisors issued a certificate of
35acceptance to conduct a county groundwater pollution control
-5-1program by the department pursuant to chapter 455B, division
2III, part 1, may administer and enforce the provisions of this
3chapter within sensitive groundwater access areas located in
4the county.
5EXPLANATION
6The inclusion of this explanation does not constitute agreement with
7the explanation’s substance by the members of the general assembly.
8GENERAL. This bill authorizes the department of natural
9resources to cede some of its authority to administer certain
10environmental statutes and its rules to a county board of
11supervisors upon the board’s request. A board that has been
12granted such authority conducts a county groundwater pollution
13control program according to the terms of a certificate of
14acceptance issued by the department.
15CERTIFICATE OF ACCEPTANCE — ISSUANCE. A certificate of
16acceptance allows a county board of supervisors to administer
17and enforce state groundwater protection regulations that apply
18to sources that are located in sensitive groundwater access
19areas (where there is karst terrain, or land where there is
20located an agricultural drainage well area, or known sinkhole).
21The regulations are limited to those in statute or rule under
22Code chapter 455B, division I and division III (providing
23general authority and water quality regulations); Code chapter
24459, subchapter III, and Code chapters 459, 459A, and 459B
25(providing for water quality regulation applicable to animal
26feeding operations); and Code chapter 460 (regulating sources
27that may contaminate groundwater from agricultural drainage
28wells). The department may approve or disapprove a request
29but cannot limit or qualify the certificate of acceptance or
30reduce the scope of the certificate of acceptance so that it
31cedes less authority to conduct the program than requested by
32the board. A county board of supervisors may adopt ordinances,
33rules, or standards either consistent with or more strict than
34state law.
35CERTIFICATE OF ACCEPTANCE — SUSPENSION OR REVOCATION.
-6-1 The bill provides that the department may suspend or revoke
2a certificate of acceptance if it determines that the
3board is not conducting the program in a manner consistent
4with the certificate of acceptance. If a certificate is
5suspended or revoked, a county may take measures to correct
6the inconsistencies and the department may reinstate the
7certificate with or without limitation. The board may contest
8a departmental decision by bringing a contested case proceeding
9to be decided by the department of inspections and appeals.
10ENFORCEMENT. The department’s issuance of a certificate
11of acceptance does not limit the authority of the attorney
12general to enforce state groundwater protection regulations,
13and the board may refer any matter requiring enforcement to the
14attorney general or a county attorney for judicial enforcement.
15VIOLATIONS AND PENALTIES. The bill provides for both
16administrative and judicial enforcement of violations of
17state groundwater protection regulations. The board may
18assess, impose, and collect civil penalties up to $10,000
19(Code section 455B.109). The board may also seek judicial
20enforcement of civil penalties not to exceed $5,000 per each
21day of a violation (Code section 455B.191). A person who fails
22to prevent surface water from draining into an agricultural
23drainage well is subject to a civil penalty of not more than
24$1,000 (Code sections 460.202, 460.203, and 460.206), and a
25person who constructs or expands an earthen storage structure
26within an agricultural drainage well area is subject to a civil
27penalty of not more than $5,000 for each day of the violation
28(Code sections 460.205 and 460.206).
29Criminal penalties also apply. A person who negligently or
30knowingly disposes of a pollutant in a water of the state is
31guilty of a serious misdemeanor or an aggravated misdemeanor
32depending on the type of violation, punishable by a range of
33fines and imprisonment (Code sections 455B.186 and 455B.191).
34Moneys assessed as part of an administrative or civil
35proceeding are to be credited to the state in the same
-7-1manner as if the department had not issued a certificate of
2acceptance. Civil penalties assessed by the department must
3be deposited in the general fund of the state (Code section
4455B.109). Moneys from civil penalties assessed for violations
5involving animal feeding operations are to be credited to the
6Iowa nutrient research fund created in section 466B.46 (Code
7sections 459.602, 459.603, 459A.502, and 459B.402). Moneys
8from civil penalties for violations involving contamination of
9groundwater from agricultural drainage wells are credited to
10the livestock remediation fund (Code section 459.501). Moneys
11from criminal fines and restitution awarded to the attorney
12general as part of a judgment in an environmental criminal case
13are credited to the environmental crimes investigation and
14prosecution fund (Code section 455B.112A).
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2program, and providing for penalties.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 455B.171, Code 2017, is amended by adding
2the following new subsections:
3 NEW SUBSECTION. 1A. “Agricultural drainage well area” means
4the same as defined in section 460.101.
5 NEW SUBSECTION. 8A. “Groundwater” means the same as defined
6in section 455E.2.
7 NEW SUBSECTION. 10A. “Karst terrain” means the same as
8defined in section 459.102.
9 NEW SUBSECTION. 29A. “Sensitive groundwater access area”
10means karst terrain or a location that drains into a known
11sinkhole.
12 Sec. 2. NEW SECTION. 455B.201 Definitions.
13As used in this subpart, unless the context otherwise
14requires:
151. “Board” means a county board of supervisors.
162. “County groundwater pollution control program” or
17“program” means the program conducted by a county board of
18supervisors as provided in this subpart.
193. “State groundwater protection regulations” means the
20provisions of state law described in section 455B.202.
21 Sec. 3. NEW SECTION. 455B.202 Authorization.
221. A county board of supervisors that has been issued a
23certificate of acceptance by the department pursuant to section
24455B.203 may conduct a county groundwater pollution control
25program.
262. If the department issues a certificate of acceptance to
27a county board of supervisors pursuant to section 455B.203,
28the department cedes its powers and duties to the county board
29of supervisors to administer and enforce state groundwater
30protection regulations that apply to sources that are located
31in sensitive groundwater access areas in the county. The scope
32of such state groundwater protection regulations is limited
33to the provisions of division I and this division, including
34rules adopted by the department pursuant to such divisions;
35the provisions of chapter 459, subchapter III, including rules
-1-1adopted by the department pursuant to that subchapter; chapter
2459A, including rules adopted by the department pursuant to
3that chapter; chapter 459B, including rules adopted by the
4department pursuant to that chapter; and chapter 460, including
5rules adopted by the department pursuant to that chapter.
6 Sec. 4. NEW SECTION. 455B.203 Certificate of acceptance —
7request and approval.
81. In order to conduct a county groundwater pollution
9control program, a county board of supervisors must make
10a request to the department. The request shall include
11a resolution adopted by the board and any supporting
12documentation required by the department relating to the
13board’s implementation and administration of the program.
142. The department shall approve or disapprove a request
15submitted by a county board of supervisors based on a
16determination of whether the board is capable of conducting the
17program in lieu of the department administering and enforcing
18state groundwater protection regulations as provided in section
19455B.202.
203. In evaluating a request submitted by a county board of
21supervisors under this section, the department shall consider
22all of the following:
23a. The types of ordinances, rules, or standards that the
24board plans to adopt in order to conduct the program. The
25ordinances, rules, or standards must be consistent with or more
26strict than state law.
27b. The county’s administrative organization, staff, and
28financial or other resources available to effectively conduct
29the program.
30c. The location of monitoring devices that may provide a
31reasonably consistent measurement of groundwater contamination
32in compliance with uniform state standards that shall be
33adopted by the department.
344. The department may conduct a public hearing before
35approving or disapproving a request submitted by a county board
-2-1of supervisors under this section.
25. The department shall notify a county board of supervisors
3of the department’s decision in regard to a request within one
4hundred eighty days of the date that it received the request.
5Once the department approves a request, it shall issue a
6certificate of acceptance to the board. The department may
7limit or qualify the certificate of acceptance as necessary in
8order to perform duties reserved by law to the department or
9to perform concurrent functions with the board, including the
10issuance of permits. The department shall not reduce the scope
11of the certificate of acceptance so that it cedes less than the
12requested authority to conduct the program. The department
13shall continue to administer and enforce the state groundwater
14protection regulations within the county that are not ceded to
15the county board of supervisors.
16 Sec. 5. NEW SECTION. 455B.204 Suspension or revocation of
17certificate of acceptance.
18The department may determine at any time that a county
19board of supervisors is not conducting a county groundwater
20pollution control program in a manner consistent with its
21certificate of acceptance. Upon making the determination,
22the department shall notify the county board of supervisors,
23citing all inconsistencies and corrective measures required
24to be completed by the board within a reasonable amount of
25time. If the board does not implement corrective measures
26within the reasonable amount of time, the department shall
27suspend or revoke the certificate of acceptance. The
28department's suspension may reduce the scope of the certificate
29of acceptance so that it cedes less authority to conduct the
30program to the board. Upon receipt of evidence that the board
31has taken corrective action, the department may reinstate a
32suspended certificate of acceptance with or without limitation,
33and the board shall resume conducting the county groundwater
34pollution control program as provided by the reinstated
35certificate of acceptance. The department shall temporarily
-3-1administer and enforce the state groundwater protection
2regulations until the matter is concluded.
3 Sec. 6. NEW SECTION. 455B.205 Contest of departmental
4action.
5A board of supervisors may contest a decision by the
6department as provided in this subpart. The board shall
7contest the decision as a contested case proceeding conducted
8by the department of inspections and appeals pursuant to
9chapter 17A. The burden of proof shall be on the board.
10 Sec. 7. NEW SECTION. 455B.206 Attorney general.
11The department’s issuance of a certificate of acceptance
12pursuant to section 455B.203 does not limit the authority of
13the attorney general to enforce state groundwater protection
14regulations.
15 Sec. 8. NEW SECTION. 455B.207 Prosecution — criminal
16penalties.
17A county board of supervisors conducting a county
18groundwater pollution control program may refer any matter
19requiring enforcement of state groundwater protection
20regulations that has been ceded to the board to the attorney
21general for a civil or criminal action, in the same manner as
22the department. The board may also refer the matter to the
23county attorney for civil or criminal action. Moneys collected
24in fines and civil penalties shall be credited to the state
25in the same manner as if the fines or civil penalties were
26collected by the attorney general.
27 Sec. 9. NEW SECTION. 455B.208 Civil penalties.
28Notwithstanding sections 331.302 and 331.307, a county
29board of supervisors conducting a county groundwater pollution
30control program may administratively establish, assess, and
31collect civil penalties consistent with state groundwater
32protection regulations. Civil penalties shall be credited to
33the state in the same manner as civil penalties collected by
34the department for the same violation.
35 Sec. 10. NEW SECTION. 455B.301B County groundwater
-4-1pollution control program.
2A county board of supervisors issued a certificate of
3acceptance to conduct a county groundwater pollution control
4program by the department pursuant to division III, part 1, of
5this chapter may administer and enforce the provisions of this
6division within sensitive groundwater access areas located in
7the county.
8 Sec. 11. NEW SECTION. 459.302A County groundwater pollution
9control program.
10A county board of supervisors issued a certificate of
11acceptance to conduct a county groundwater pollution control
12program by the department pursuant to chapter 455B, division
13III, part 1, may administer and enforce the provisions of this
14subchapter within sensitive groundwater access areas located
15in the county.
16 Sec. 12. NEW SECTION. 459A.106 County groundwater pollution
17control program.
18A county board of supervisors issued a certificate of
19acceptance to conduct a county groundwater pollution control
20program by the department pursuant to chapter 455B, division
21III, part 1, may administer and enforce the provisions of this
22chapter within sensitive groundwater access areas located in
23the county.
24 Sec. 13. NEW SECTION. 459B.105 County groundwater pollution
25control program.
26A county board of supervisors issued a certificate of
27acceptance to conduct a county groundwater pollution control
28program by the department pursuant to chapter 455B, division
29III, part 1, may administer and enforce the provisions of this
30chapter within sensitive groundwater access areas located in
31the county.
32 Sec. 14. NEW SECTION. 460.102 County groundwater pollution
33control program.
34A county board of supervisors issued a certificate of
35acceptance to conduct a county groundwater pollution control
-5-1program by the department pursuant to chapter 455B, division
2III, part 1, may administer and enforce the provisions of this
3chapter within sensitive groundwater access areas located in
4the county.
5EXPLANATION
6The inclusion of this explanation does not constitute agreement with
7the explanation’s substance by the members of the general assembly.
8GENERAL. This bill authorizes the department of natural
9resources to cede some of its authority to administer certain
10environmental statutes and its rules to a county board of
11supervisors upon the board’s request. A board that has been
12granted such authority conducts a county groundwater pollution
13control program according to the terms of a certificate of
14acceptance issued by the department.
15CERTIFICATE OF ACCEPTANCE — ISSUANCE. A certificate of
16acceptance allows a county board of supervisors to administer
17and enforce state groundwater protection regulations that apply
18to sources that are located in sensitive groundwater access
19areas (where there is karst terrain, or land where there is
20located an agricultural drainage well area, or known sinkhole).
21The regulations are limited to those in statute or rule under
22Code chapter 455B, division I and division III (providing
23general authority and water quality regulations); Code chapter
24459, subchapter III, and Code chapters 459, 459A, and 459B
25(providing for water quality regulation applicable to animal
26feeding operations); and Code chapter 460 (regulating sources
27that may contaminate groundwater from agricultural drainage
28wells). The department may approve or disapprove a request
29but cannot limit or qualify the certificate of acceptance or
30reduce the scope of the certificate of acceptance so that it
31cedes less authority to conduct the program than requested by
32the board. A county board of supervisors may adopt ordinances,
33rules, or standards either consistent with or more strict than
34state law.
35CERTIFICATE OF ACCEPTANCE — SUSPENSION OR REVOCATION.
-6-1 The bill provides that the department may suspend or revoke
2a certificate of acceptance if it determines that the
3board is not conducting the program in a manner consistent
4with the certificate of acceptance. If a certificate is
5suspended or revoked, a county may take measures to correct
6the inconsistencies and the department may reinstate the
7certificate with or without limitation. The board may contest
8a departmental decision by bringing a contested case proceeding
9to be decided by the department of inspections and appeals.
10ENFORCEMENT. The department’s issuance of a certificate
11of acceptance does not limit the authority of the attorney
12general to enforce state groundwater protection regulations,
13and the board may refer any matter requiring enforcement to the
14attorney general or a county attorney for judicial enforcement.
15VIOLATIONS AND PENALTIES. The bill provides for both
16administrative and judicial enforcement of violations of
17state groundwater protection regulations. The board may
18assess, impose, and collect civil penalties up to $10,000
19(Code section 455B.109). The board may also seek judicial
20enforcement of civil penalties not to exceed $5,000 per each
21day of a violation (Code section 455B.191). A person who fails
22to prevent surface water from draining into an agricultural
23drainage well is subject to a civil penalty of not more than
24$1,000 (Code sections 460.202, 460.203, and 460.206), and a
25person who constructs or expands an earthen storage structure
26within an agricultural drainage well area is subject to a civil
27penalty of not more than $5,000 for each day of the violation
28(Code sections 460.205 and 460.206).
29Criminal penalties also apply. A person who negligently or
30knowingly disposes of a pollutant in a water of the state is
31guilty of a serious misdemeanor or an aggravated misdemeanor
32depending on the type of violation, punishable by a range of
33fines and imprisonment (Code sections 455B.186 and 455B.191).
34Moneys assessed as part of an administrative or civil
35proceeding are to be credited to the state in the same
-7-1manner as if the department had not issued a certificate of
2acceptance. Civil penalties assessed by the department must
3be deposited in the general fund of the state (Code section
4455B.109). Moneys from civil penalties assessed for violations
5involving animal feeding operations are to be credited to the
6Iowa nutrient research fund created in section 466B.46 (Code
7sections 459.602, 459.603, 459A.502, and 459B.402). Moneys
8from civil penalties for violations involving contamination of
9groundwater from agricultural drainage wells are credited to
10the livestock remediation fund (Code section 459.501). Moneys
11from criminal fines and restitution awarded to the attorney
12general as part of a judgment in an environmental criminal case
13are credited to the environmental crimes investigation and
14prosecution fund (Code section 455B.112A).
-8-da/nh/rn