Bill Text: IA SF334 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act providing for a county groundwater pollution control program, and providing for penalties.
Sponsorship: Bipartisan Bill
Status: (Introduced - Dead) 2017-02-28 - Subcommittee: Rozenboom, Anderson, and Kinney. S.J. 425. [SF334 Detail]
Download: Iowa-2017-SF334-Introduced.html
Senate File 334 - Introduced SENATE FILE BY D. JOHNSON and TAYLOR A BILL FOR 1 An Act providing for a county groundwater pollution control 2 program, and providing for penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1387XS (5) 87 da/nh/rn PAG LIN 1 1 Section 1. Section 455B.171, Code 2017, is amended by adding 1 2 the following new subsections: 1 3 NEW SUBSECTION. 1A. "Agricultural drainage well area" means 1 4 the same as defined in section 460.101. 1 5 NEW SUBSECTION. 8A. "Groundwater" means the same as defined 1 6 in section 455E.2. 1 7 NEW SUBSECTION. 10A. "Karst terrain" means the same as 1 8 defined in section 459.102. 1 9 NEW SUBSECTION. 29A. "Sensitive groundwater access area" 1 10 means karst terrain or a location that drains into a known 1 11 sinkhole. 1 12 Sec. 2. NEW SECTION. 455B.201 Definitions. 1 13 As used in this subpart, unless the context otherwise 1 14 requires: 1 15 1. "Board" means a county board of supervisors. 1 16 2. "County groundwater pollution control program" or 1 17 "program" means the program conducted by a county board of 1 18 supervisors as provided in this subpart. 1 19 3. "State groundwater protection regulations" means the 1 20 provisions of state law described in section 455B.202. 1 21 Sec. 3. NEW SECTION. 455B.202 Authorization. 1 22 1. A county board of supervisors that has been issued a 1 23 certificate of acceptance by the department pursuant to section 1 24 455B.203 may conduct a county groundwater pollution control 1 25 program. 1 26 2. If the department issues a certificate of acceptance to 1 27 a county board of supervisors pursuant to section 455B.203, 1 28 the department cedes its powers and duties to the county board 1 29 of supervisors to administer and enforce state groundwater 1 30 protection regulations that apply to sources that are located 1 31 in sensitive groundwater access areas in the county. The scope 1 32 of such state groundwater protection regulations is limited 1 33 to the provisions of division I and this division, including 1 34 rules adopted by the department pursuant to such divisions; 1 35 the provisions of chapter 459, subchapter III, including rules 2 1 adopted by the department pursuant to that subchapter; chapter 2 2 459A, including rules adopted by the department pursuant to 2 3 that chapter; chapter 459B, including rules adopted by the 2 4 department pursuant to that chapter; and chapter 460, including 2 5 rules adopted by the department pursuant to that chapter. 2 6 Sec. 4. NEW SECTION. 455B.203 Certificate of acceptance == 2 7 request and approval. 2 8 1. In order to conduct a county groundwater pollution 2 9 control program, a county board of supervisors must make 2 10 a request to the department. The request shall include 2 11 a resolution adopted by the board and any supporting 2 12 documentation required by the department relating to the 2 13 board's implementation and administration of the program. 2 14 2. The department shall approve or disapprove a request 2 15 submitted by a county board of supervisors based on a 2 16 determination of whether the board is capable of conducting the 2 17 program in lieu of the department administering and enforcing 2 18 state groundwater protection regulations as provided in section 2 19 455B.202. 2 20 3. In evaluating a request submitted by a county board of 2 21 supervisors under this section, the department shall consider 2 22 all of the following: 2 23 a. The types of ordinances, rules, or standards that the 2 24 board plans to adopt in order to conduct the program. The 2 25 ordinances, rules, or standards must be consistent with or more 2 26 strict than state law. 2 27 b. The county's administrative organization, staff, and 2 28 financial or other resources available to effectively conduct 2 29 the program. 2 30 c. The location of monitoring devices that may provide a 2 31 reasonably consistent measurement of groundwater contamination 2 32 in compliance with uniform state standards that shall be 2 33 adopted by the department. 2 34 4. The department may conduct a public hearing before 2 35 approving or disapproving a request submitted by a county board 3 1 of supervisors under this section. 3 2 5. The department shall notify a county board of supervisors 3 3 of the department's decision in regard to a request within one 3 4 hundred eighty days of the date that it received the request. 3 5 Once the department approves a request, it shall issue a 3 6 certificate of acceptance to the board. The department may 3 7 limit or qualify the certificate of acceptance as necessary in 3 8 order to perform duties reserved by law to the department or 3 9 to perform concurrent functions with the board, including the 3 10 issuance of permits. The department shall not reduce the scope 3 11 of the certificate of acceptance so that it cedes less than the 3 12 requested authority to conduct the program. The department 3 13 shall continue to administer and enforce the state groundwater 3 14 protection regulations within the county that are not ceded to 3 15 the county board of supervisors. 3 16 Sec. 5. NEW SECTION. 455B.204 Suspension or revocation of 3 17 certificate of acceptance. 3 18 The department may determine at any time that a county 3 19 board of supervisors is not conducting a county groundwater 3 20 pollution control program in a manner consistent with its 3 21 certificate of acceptance. Upon making the determination, 3 22 the department shall notify the county board of supervisors, 3 23 citing all inconsistencies and corrective measures required 3 24 to be completed by the board within a reasonable amount of 3 25 time. If the board does not implement corrective measures 3 26 within the reasonable amount of time, the department shall 3 27 suspend or revoke the certificate of acceptance. The 3 28 department's suspension may reduce the scope of the certificate 3 29 of acceptance so that it cedes less authority to conduct the 3 30 program to the board. Upon receipt of evidence that the board 3 31 has taken corrective action, the department may reinstate a 3 32 suspended certificate of acceptance with or without limitation, 3 33 and the board shall resume conducting the county groundwater 3 34 pollution control program as provided by the reinstated 3 35 certificate of acceptance. The department shall temporarily 4 1 administer and enforce the state groundwater protection 4 2 regulations until the matter is concluded. 4 3 Sec. 6. NEW SECTION. 455B.205 Contest of departmental 4 4 action. 4 5 A board of supervisors may contest a decision by the 4 6 department as provided in this subpart. The board shall 4 7 contest the decision as a contested case proceeding conducted 4 8 by the department of inspections and appeals pursuant to 4 9 chapter 17A. The burden of proof shall be on the board. 4 10 Sec. 7. NEW SECTION. 455B.206 Attorney general. 4 11 The department's issuance of a certificate of acceptance 4 12 pursuant to section 455B.203 does not limit the authority of 4 13 the attorney general to enforce state groundwater protection 4 14 regulations. 4 15 Sec. 8. NEW SECTION. 455B.207 Prosecution == criminal 4 16 penalties. 4 17 A county board of supervisors conducting a county 4 18 groundwater pollution control program may refer any matter 4 19 requiring enforcement of state groundwater protection 4 20 regulations that has been ceded to the board to the attorney 4 21 general for a civil or criminal action, in the same manner as 4 22 the department. The board may also refer the matter to the 4 23 county attorney for civil or criminal action. Moneys collected 4 24 in fines and civil penalties shall be credited to the state 4 25 in the same manner as if the fines or civil penalties were 4 26 collected by the attorney general. 4 27 Sec. 9. NEW SECTION. 455B.208 Civil penalties. 4 28 Notwithstanding sections 331.302 and 331.307, a county 4 29 board of supervisors conducting a county groundwater pollution 4 30 control program may administratively establish, assess, and 4 31 collect civil penalties consistent with state groundwater 4 32 protection regulations. Civil penalties shall be credited to 4 33 the state in the same manner as civil penalties collected by 4 34 the department for the same violation. 4 35 Sec. 10. NEW SECTION. 455B.301B County groundwater 5 1 pollution control program. 5 2 A county board of supervisors issued a certificate of 5 3 acceptance to conduct a county groundwater pollution control 5 4 program by the department pursuant to division III, part 1, of 5 5 this chapter may administer and enforce the provisions of this 5 6 division within sensitive groundwater access areas located in 5 7 the county. 5 8 Sec. 11. NEW SECTION. 459.302A County groundwater pollution 5 9 control program. 5 10 A county board of supervisors issued a certificate of 5 11 acceptance to conduct a county groundwater pollution control 5 12 program by the department pursuant to chapter 455B, division 5 13 III, part 1, may administer and enforce the provisions of this 5 14 subchapter within sensitive groundwater access areas located 5 15 in the county. 5 16 Sec. 12. NEW SECTION. 459A.106 County groundwater pollution 5 17 control program. 5 18 A county board of supervisors issued a certificate of 5 19 acceptance to conduct a county groundwater pollution control 5 20 program by the department pursuant to chapter 455B, division 5 21 III, part 1, may administer and enforce the provisions of this 5 22 chapter within sensitive groundwater access areas located in 5 23 the county. 5 24 Sec. 13. NEW SECTION. 459B.105 County groundwater pollution 5 25 control program. 5 26 A county board of supervisors issued a certificate of 5 27 acceptance to conduct a county groundwater pollution control 5 28 program by the department pursuant to chapter 455B, division 5 29 III, part 1, may administer and enforce the provisions of this 5 30 chapter within sensitive groundwater access areas located in 5 31 the county. 5 32 Sec. 14. NEW SECTION. 460.102 County groundwater pollution 5 33 control program. 5 34 A county board of supervisors issued a certificate of 5 35 acceptance to conduct a county groundwater pollution control 6 1 program by the department pursuant to chapter 455B, division 6 2 III, part 1, may administer and enforce the provisions of this 6 3 chapter within sensitive groundwater access areas located in 6 4 the county. 6 5 EXPLANATION 6 6 The inclusion of this explanation does not constitute agreement with 6 7 the explanation's substance by the members of the general assembly. 6 8 GENERAL. This bill authorizes the department of natural 6 9 resources to cede some of its authority to administer certain 6 10 environmental statutes and its rules to a county board of 6 11 supervisors upon the board's request. A board that has been 6 12 granted such authority conducts a county groundwater pollution 6 13 control program according to the terms of a certificate of 6 14 acceptance issued by the department. 6 15 CERTIFICATE OF ACCEPTANCE == ISSUANCE. A certificate of 6 16 acceptance allows a county board of supervisors to administer 6 17 and enforce state groundwater protection regulations that apply 6 18 to sources that are located in sensitive groundwater access 6 19 areas (where there is karst terrain, or land where there is 6 20 located an agricultural drainage well area, or known sinkhole). 6 21 The regulations are limited to those in statute or rule under 6 22 Code chapter 455B, division I and division III (providing 6 23 general authority and water quality regulations); Code chapter 6 24 459, subchapter III, and Code chapters 459, 459A, and 459B 6 25 (providing for water quality regulation applicable to animal 6 26 feeding operations); and Code chapter 460 (regulating sources 6 27 that may contaminate groundwater from agricultural drainage 6 28 wells). The department may approve or disapprove a request 6 29 but cannot limit or qualify the certificate of acceptance or 6 30 reduce the scope of the certificate of acceptance so that it 6 31 cedes less authority to conduct the program than requested by 6 32 the board. A county board of supervisors may adopt ordinances, 6 33 rules, or standards either consistent with or more strict than 6 34 state law. 6 35 CERTIFICATE OF ACCEPTANCE == SUSPENSION OR REVOCATION. 7 1 The bill provides that the department may suspend or revoke 7 2 a certificate of acceptance if it determines that the 7 3 board is not conducting the program in a manner consistent 7 4 with the certificate of acceptance. If a certificate is 7 5 suspended or revoked, a county may take measures to correct 7 6 the inconsistencies and the department may reinstate the 7 7 certificate with or without limitation. The board may contest 7 8 a departmental decision by bringing a contested case proceeding 7 9 to be decided by the department of inspections and appeals. 7 10 ENFORCEMENT. The department's issuance of a certificate 7 11 of acceptance does not limit the authority of the attorney 7 12 general to enforce state groundwater protection regulations, 7 13 and the board may refer any matter requiring enforcement to the 7 14 attorney general or a county attorney for judicial enforcement. 7 15 VIOLATIONS AND PENALTIES. The bill provides for both 7 16 administrative and judicial enforcement of violations of 7 17 state groundwater protection regulations. The board may 7 18 assess, impose, and collect civil penalties up to $10,000 7 19 (Code section 455B.109). The board may also seek judicial 7 20 enforcement of civil penalties not to exceed $5,000 per each 7 21 day of a violation (Code section 455B.191). A person who fails 7 22 to prevent surface water from draining into an agricultural 7 23 drainage well is subject to a civil penalty of not more than 7 24 $1,000 (Code sections 460.202, 460.203, and 460.206), and a 7 25 person who constructs or expands an earthen storage structure 7 26 within an agricultural drainage well area is subject to a civil 7 27 penalty of not more than $5,000 for each day of the violation 7 28 (Code sections 460.205 and 460.206). 7 29 Criminal penalties also apply. A person who negligently or 7 30 knowingly disposes of a pollutant in a water of the state is 7 31 guilty of a serious misdemeanor or an aggravated misdemeanor 7 32 depending on the type of violation, punishable by a range of 7 33 fines and imprisonment (Code sections 455B.186 and 455B.191). 7 34 Moneys assessed as part of an administrative or civil 7 35 proceeding are to be credited to the state in the same 8 1 manner as if the department had not issued a certificate of 8 2 acceptance. Civil penalties assessed by the department must 8 3 be deposited in the general fund of the state (Code section 8 4 455B.109). Moneys from civil penalties assessed for violations 8 5 involving animal feeding operations are to be credited to the 8 6 Iowa nutrient research fund created in section 466B.46 (Code 8 7 sections 459.602, 459.603, 459A.502, and 459B.402). Moneys 8 8 from civil penalties for violations involving contamination of 8 9 groundwater from agricultural drainage wells are credited to 8 10 the livestock remediation fund (Code section 459.501). Moneys 8 11 from criminal fines and restitution awarded to the attorney 8 12 general as part of a judgment in an environmental criminal case 8 13 are credited to the environmental crimes investigation and 8 14 prosecution fund (Code section 455B.112A).
