Bill Text: IA SF2094 | 2015-2016 | 86th General Assembly | Introduced

Iowa Senate Bill 2094 (Prior Session Legislation)

IA State Legislature page for SF2094

Introduced

Bill Title: A bill for an act relating to topsoil preservation requirements for certain residential construction sites, and making penalties applicable.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2016-02-04 - Subcommittee, Kinney, Schoenjahn, and Zumbach. S.J. 164. [SF2094 Detail]

Download: Iowa-2015-SF2094-Introduced.html

Senate File 2094 - Introduced




                                 SENATE FILE       
                                 BY  JOCHUM

                                      A BILL FOR

  1 An Act relating to topsoil preservation requirements for
  2    certain residential construction sites, and making penalties
  3    applicable.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN



  1  1    Section 1.  Section 455B.103A, subsection 5, Code 2016, is
  1  2 amended to read as follows:
  1  3    5.  The enforcement provisions of division II of this chapter
  1  4 and chapter 459, subchapter II, apply to general permits
  1  5 for air contaminant sources. The enforcement provisions of
  1  6 division III, part 1, of this chapter, chapter 459, subchapter
  1  7 III, and chapter 459A apply to general permits for storm
  1  8 water discharge and the requirements for topsoil preservation
  1  9 described in section 455B.197A.
  1 10    Sec. 2.  Section 455B.105, subsection 11, Code 2016, is
  1 11 amended by adding the following new paragraph:
  1 12    NEW PARAGRAPH.  d.  The commission shall adopt rules related
  1 13 to the topsoil preservation requirements described in section
  1 14 455B.197A.
  1 15    Sec. 3.  NEW SECTION.  455B.197A  Topsoil preservation
  1 16 requirements.
  1 17    1.  For purposes of this section, unless the context
  1 18 otherwise requires:
  1 19    a.  "Final stabilization" means topsoil disturbing activities
  1 20 at a residential construction site are completed.
  1 21    b.  "Residential construction site" means a site or common
  1 22 plan of residential development or sale, including the
  1 23 development of a single=unit or multiple=unit residential
  1 24 building, on which construction activity, including but not
  1 25 limited to clearing, grading, and excavating, results in
  1 26 topsoil disturbance.
  1 27    c.  "Topsoil" means as defined in section 208.2.
  1 28    2.  a.  Topsoil shall be preserved or replaced on a
  1 29 residential construction site where the surface area of the
  1 30 ground disturbed is greater than five thousand square feet.
  1 31 The requirement to preserve or replace topsoil shall be
  1 32 met when the depth of topsoil, after final stabilization is
  1 33 achieved, is at least three inches, including topsoil contained
  1 34 in sod, on all areas of the site where the surface of the ground
  1 35 disturbed for the construction activities is exposed and not
  2  1 covered by concrete, asphalt, gravel, or other such material.
  2  2    b.  The final topsoil depth shall be measured after the
  2  3 topsoil is compacted in a manner generally considered adequate
  2  4 for an established lawn and so that the expected settling that
  2  5 will occur after measurement will be minimal and shall include
  2  6 the topsoil contained in sod placed on the site.
  2  7    3.  a.  The requirement to preserve or replace topsoil in
  2  8 accordance with subsection 2 may be waived by the commission
  2  9 for a residential construction site where the surface area
  2 10 of the ground disturbed is greater than twenty=five thousand
  2 11 square feet, provided that the developer of such residential
  2 12 construction site develops and implements a wastewater and
  2 13 runoff plan approved by the commission. The wastewater and
  2 14 runoff plan shall include but is not limited to the following
  2 15 requirements:
  2 16    (1)  The preservation and replacement of all existing
  2 17 topsoil on the areas of the site where the surface of the
  2 18 ground is disturbed for construction activities and is exposed.
  2 19    (2)  Creation of a central drainage and recreational area
  2 20 on the site that covers at least one=third of the area of the
  2 21 site and drains at least two=thirds of the water runoff of the
  2 22 site. Such an area may include the use of a wetland, prairie,
  2 23 or forest, but shall not include the construction of a golf
  2 24 course.
  2 25    (3)  Preservation of all feasibly maintainable and healthy
  2 26 trees on the site with a trunk diameter of at least six inches.
  2 27    b.  The developer of a residential construction site
  2 28 who develops a wastewater and runoff plan pursuant to this
  2 29 subsection shall submit the plan to the commission for
  2 30 approval. If the commission approves the plan, the commission
  2 31 shall waive the requirements of subsection 2.
  2 32                           EXPLANATION
  2 33 The inclusion of this explanation does not constitute agreement with
  2 34 the explanation's substance by the members of the general assembly.
  2 35    This bill establishes topsoil preservation requirements for
  3  1 certain residential construction sites.
  3  2    The bill provides that topsoil must be preserved or replaced
  3  3 on residential construction sites where the surface area of
  3  4 the ground disturbed is greater than 5,000 square feet. The
  3  5 depth of topsoil must be at least three inches on areas of
  3  6 the site where the surface of the ground was disturbed and
  3  7 is exposed after final stabilization is achieved. However,
  3  8 this requirement may be waived for residential construction
  3  9 sites where the surface area of the ground disturbed is
  3 10 greater than 25,000 feet if the developer develops and
  3 11 implements a wastewater and runoff plan that is approved by the
  3 12 environmental protection commission. Such a plan must include
  3 13 requirements to preserve and replace all existing topsoil,
  3 14 create a central drainage and recreational area covering at
  3 15 least one=third of the site and draining at least two=thirds of
  3 16 the water runoff, and preserve all healthy trees on the site
  3 17 with a trunk diameter of at least six inches.
  3 18    The bill requires the environmental protection commission
  3 19 to adopt rules related to the bill and applies the enforcement
  3 20 provisions of division III of Code chapter 455B, relating to
  3 21 water quality, to the bill.
  3 22    Certain penalties described in Code section 455B.191 apply
  3 23 to the bill. A person who violates the bill is subject to
  3 24 a civil penalty not to exceed $5,000 for each day of the
  3 25 violation. A person who knowingly makes a false statement
  3 26 or representation in any document filed or required to be
  3 27 maintained under the bill shall upon conviction be punished
  3 28 by a fine of not more than $10,000 or by imprisonment in the
  3 29 county jail for not more than six months or by both.
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