Bill Text: IA HF311 | 2013-2014 | 85th General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: A bill for an act relating to water quality. (Formerly HSB 72) Effective 7-1-13.

Spectrum: Committee Bill

Status: (Passed) 2013-12-31 - END OF 2013 ACTIONS [HF311 Detail]

Download: Iowa-2013-HF311-Enrolled.html

---

House File 311
AN ACT
RELATING TO WATER QUALITY.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 455B.103A, subsection 1, paragraph b,
Code 2013, is amended to read as follows:
b. Following the effective date of a general permit, a
person proposing to conduct activities covered by the general
permit shall provide a notice of intent to conduct a covered
activity on a form provided by the department. A person shall
also provide public notice of intent to conduct activities

House File 311, p. 2
covered under the general permit by publishing notice in two
newspapers one newspaper with the largest circulation in
the area in which the facility is located. Notice of the
discontinuation of a permitted activity other than storm water
and allowable nonstorm water discharges shall be provided in
the same manner.
Sec. 2. Section 455B.186, Code 2013, is amended to read as
follows:
455B.186 Prohibited actions.
1. A pollutant shall not be disposed of by dumping,
depositing, or discharging such pollutant into any water of
the state, except that this section shall not be construed to
prohibit the discharge of adequately treated sewage, industrial
waste, or other waste pursuant to a permit issued by the
director in accordance with rules adopted by the commission . A
pollutant whether treated or untreated shall not be discharged
into any state-owned natural or artificial lake except as
authorized in subsection 2 .
2. A Subsection 1 shall not be construed to prohibit the use
or application of a pesticide in accordance with the federal
Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 136
et seq. However, an aquatic pesticide shall not be applied
to any water of this state which has been classified by the
department as a class “A” or class “C”, high quality, or high
quality resource water, except that this section shall not be
construed to prohibit the application of such a pesticide by a
certified applicator who is trained in aquatic applications and
who has received a permit from the department the United States
except as authorized in accordance with rules adopted by the
commission .
Sec. 3. Section 455B.265, subsection 1, Code 2013, is
amended to read as follows:
1. In its consideration of applications for permits, the
department shall give priority in processing to persons in the
order that the applications are received, except where the
application of this processing priority system prevents the
prompt approval of routine applications or where the public
health, safety, or welfare will be threatened by delay. If the
department determines after investigation that the diversion,
storage, or withdrawal is consistent with the principles and
policies of beneficial use and ensuring conservation, the
department shall grant a permit. An application for a permit
shall be approved or denied within ninety days from the date

House File 311, p. 3
that the department receives the complete application. A
renewal permit shall be approved or denied by the department
within thirty days from the date that the department receives
an a complete application for renewal. If the applicant
requests an extension of the time allotted, the department
may approve the request to allow the applicant more time to
submit additional information to resolve a contested or complex
application. Regardless of the request in the application, and
subject to appeal, the director or the department on appeal
may determine the duration and frequency of withdrawal and the
quantity of water to be diverted, stored, or withdrawn pursuant
to the permit. Each permit granted after July 1, 1986, shall
include conditions requiring routine conservation practices,
and requiring implementation of emergency conservation measures
after notification by the department.
Sec. 4. Section 466.8, Code 2013, is amended to read as
follows:
466.8 On-site wastewater systems assistance program.
1. The department of natural resources shall establish an
on-site wastewater systems assistance program for the purpose
of providing low-interest loans to homeowners residing outside
the boundaries of a city for improving on-site wastewater
disposal systems.
1. 2. The environmental protection commission shall adopt
rules for carrying out the program including but not limited
to criteria for homeowner participation, the methods used to
provide loans, and financing terms and limits.
2. 3. The department may make and execute agreements with
public or private entities, including lending institutions
as defined in section 12.32 , as required to administer the
program.
3. 4. Assistance provided to homeowners shall not be used
to pay the nonfederal share of the cost of any wastewater
system projects receiving grants under the federal Clean Water
Act, 33 U.S.C. § 1381 – 1387.
4. The department shall report to the general assembly
annually on the progress of the on-site wastewater systems
assistance program.
Sec. 5. Section 466.9, subsection 3, paragraph a,
subparagraph (1), Code 2013, is amended to read as follows:
(1) The financing account which shall be used for the
exclusive purpose of providing financing to homeowners residing
outside the boundaries of a city with improving on-site

House File 311, p. 4
wastewater systems under the on-site wastewater systems
assistance program.
______________________________
KRAIG PAULSEN
Speaker of the House
______________________________
PAM JOCHUM
President of the Senate
I hereby certify that this bill originated in the House and
is known as House File 311, Eighty-fifth General Assembly.
______________________________
CARMINE BOAL
Chief Clerk of the House
Approved _______________, 2013
______________________________
TERRY E. BRANSTAD
Governor