Senate
File
2311
-
Introduced
SENATE
FILE
2311
BY
COMMITTEE
ON
NATURAL
RESOURCES
AND
ENVIRONMENT
(SUCCESSOR
TO
SSB
3052)
A
BILL
FOR
An
Act
relating
to
the
adoption
and
use
of
certain
general
1
permits
issued
by
the
department
of
natural
resources.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
5323SV
(1)
89
js/ns
S.F.
2311
Section
1.
Section
455B.103A,
subsection
1,
paragraph
b,
1
Code
2022,
is
amended
to
read
as
follows:
2
b.
Following
the
effective
date
of
a
general
permit,
3
a
person
proposing
to
conduct
activities
covered
by
the
4
general
permit
shall
provide
to
the
department
a
notice
5
of
intent
to
conduct
a
covered
activity
on
a
form
provided
6
by
the
department.
A
person
shall
also
provide
public
7
notice
of
intent
to
conduct
activities
covered
under
the
8
general
permit
by
publishing
notice
in
one
newspaper
with
9
the
largest
circulation
in
the
area
in
which
the
facility
10
is
located.
Notice
of
intent
to
conduct
activities
covered
11
under
the
general
permit
shall
be
provided
to
the
public
by
12
the
department
electronically.
Notice
of
the
discontinuation
13
of
a
permitted
activity
other
than
storm
water
and
allowable
14
nonstorm
water
discharges
shall
be
provided
in
the
same
manner.
15
Sec.
2.
Section
455B.275,
subsection
3,
Code
2022,
is
16
amended
to
read
as
follows:
17
3.
a.
A
person
shall
file
a
written
an
application
with
the
18
department
if
the
person
desires
to
do
any
of
the
following:
19
(1)
Erect,
construct,
use,
or
maintain
a
structure,
dam,
20
obstruction,
deposit,
or
excavation
in
or
on
any
floodway
or
21
floodplains.
22
(2)
Erect,
construct,
maintain,
or
operate
a
dam
on
a
23
navigable
or
meandered
stream.
24
(3)
Erect,
construct,
maintain,
or
operate
a
dam
on
a
stream
25
for
manufacturing
or
industrial
purposes.
26
b.
The
application
shall
set
forth
information
as
required
27
by
rule
of
the
commission.
The
Unless
the
proposed
activity
28
falls
under
an
adopted
general
permit
as
set
forth
in
paragraph
29
“c”
,
the
department,
after
an
investigation,
shall
approve
30
or
deny
the
application
imposing
conditions
and
terms
as
31
prescribed
by
the
department.
32
c.
The
commission
may
adopt
rules
pursuant
to
chapter
17A
33
for
the
issuance
of
general
permits.
A
general
permit
shall
34
authorize
activities
that,
by
their
nature,
do
not
require
35
-1-
LSB
5323SV
(1)
89
js/ns
1/
2
S.F.
2311
further
department
review.
1
EXPLANATION
2
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
3
the
explanation’s
substance
by
the
members
of
the
general
assembly.
4
This
bill
relates
to
the
adoption
and
use
of
certain
general
5
permits
issued
by
the
department
of
natural
resources
(DNR).
6
Under
current
law,
if
a
permit
is
required
under
Code
7
chapter
455B,
459,
459A,
or
459B
for
activities
that
result
8
in
storm
water
discharge
or
air
contamination,
DNR
may
issue,
9
modify,
deny,
or
revoke
a
general
permit
when
a
facility
is
10
representative
of
a
class
of
facilities
that
could
be
described
11
and
conditioned
by
a
single
permit.
After
a
general
permit
12
takes
effect,
a
permittee
is
required
to
provide
public
notice
13
of
intent
to
conduct
activities
under
a
general
permit
by
14
publishing
notice
in
one
newspaper
with
the
largest
circulation
15
in
the
area
in
which
the
facility
is
located.
The
bill
strikes
16
the
requirement
for
the
permittee
to
publish
public
notice
17
of
intent
and
instead
requires
DNR
to
provide
such
notice
18
electronically.
19
Current
law
requires
a
person
to
file
a
written
application
20
with
DNR
if
the
person
desires
to
erect,
construct,
use,
or
21
maintain
a
structure,
dam,
obstruction,
deposit,
or
excavation
22
in
or
on
any
floodway
or
floodplains
or
to
erect,
construct,
23
maintain,
or
operate
a
dam
on
a
navigable
or
meandered
stream
24
or
on
a
stream
for
manufacturing
or
industrial
purposes.
After
25
an
investigation,
DNR
is
required
to
approve
or
deny
the
26
application
and
impose
conditions
and
terms.
The
bill
removes
27
the
requirement
that
the
application
be
written.
The
bill
28
allows
the
environmental
protection
commission
to
adopt
rules
29
for
the
issuance
of
general
permits.
A
general
permit
shall
30
authorize
activities
that,
by
their
nature,
do
not
require
31
further
DNR
review.
The
bill
exempts
DNR
from
approving
or
32
denying
an
application
if
the
proposed
activity
falls
under
an
33
adopted
general
permit.
34
-2-
LSB
5323SV
(1)
89
js/ns
2/
2