Bill Text: IA HF145 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act requiring testing for perfluoroalkyl and polyfluoroalkyl substances in sewage sludge and other residual materials at wastewater treatment plants, and making penalties applicable.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2023-01-30 - Introduced, referred to Environmental Protection. H.J. 202. [HF145 Detail]
Download: Iowa-2023-HF145-Introduced.html
House
File
145
-
Introduced
HOUSE
FILE
145
BY
ISENHART
A
BILL
FOR
An
Act
requiring
testing
for
perfluoroalkyl
and
polyfluoroalkyl
1
substances
in
sewage
sludge
and
other
residual
materials
2
at
wastewater
treatment
plants,
and
making
penalties
3
applicable.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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Section
1.
Section
455B.172,
subsection
10,
Code
2023,
is
1
amended
to
read
as
follows:
2
10.
a.
Any
Except
as
provided
in
paragraph
“b”
,
any
county
3
ordinance
related
to
sewage
sludge
which
that
is
in
effect
4
on
March
1,
1997,
shall
not
be
preempted
by
any
provision
of
5
section
455B.171
,
455B.174
,
455B.183
,
or
455B.304
.
6
b.
When
testing
conducted
under
section
455B.225
finds
7
any
amount
of
perfluoroalkyl
or
polyfluoroalkyl
substances
in
8
sewage
sludge
or
any
other
residual
material,
a
county
shall
9
not
authorize
the
land
application
of
that
sewage
sludge
or
10
other
residual
material
on
land
used
for
agronomic
purposes,
on
11
land
on
which
drainage
tiles
have
been
installed,
on
land
that
12
drains
into
a
water
of
the
state,
or
in
a
five-hundred-year
13
floodplain.
14
Sec.
2.
Section
455B.174,
subsection
4,
paragraph
a,
15
subparagraph
(1),
unnumbered
paragraph
1,
Code
2023,
is
amended
16
to
read
as
follows:
17
Approve
or
disapprove
the
plans
and
specifications
for
the
18
construction
of
disposal
systems
or
public
water
supply
systems
19
except
for
those
sewer
extensions
and
water
supply
distribution
20
system
extensions
which
that
are
reviewed
by
a
city
or
county
21
public
works
department
as
set
forth
in
section
455B.183
.
22
The
director
shall
issue,
revoke,
suspend,
modify,
or
deny
23
permits
for
the
operation,
installation,
construction,
addition
24
to,
or
modification
of
any
disposal
system
or
public
water
25
supply
system
except
for
sewer
extensions
and
water
supply
26
distribution
system
extensions
which
that
are
reviewed
by
a
27
city
or
county
public
works
department
as
set
forth
in
section
28
455B.183
.
The
director
shall
also
issue,
revoke,
suspend,
29
modify,
or
deny
permits
for
the
discharge
of
any
pollutant,
30
or
for
the
use
or
disposal
of
sewage
sludge.
However,
if
31
testing
conducted
under
section
455B.225
finds
any
amount
of
32
perfluoroalkyl
or
polyfluoroalkyl
substances
in
sewage
sludge
33
or
any
other
residual
material,
a
permit
shall
not
authorize
34
the
land
application
of
that
sewage
sludge
or
other
residual
35
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material
on
land
used
for
agronomic
purposes,
on
land
on
which
1
drainage
tiles
have
been
installed,
on
land
that
drains
into
a
2
water
of
the
state,
or
in
a
five-hundred-year
floodplain.
The
3
permits
shall
contain
conditions
and
schedules
of
compliance
as
4
necessary
to
meet
the
requirements
of
this
part
1
of
subchapter
5
III
or
chapter
459,
subchapter
III
,
the
federal
Water
Pollution
6
Control
Act
and
the
federal
Safe
Drinking
Water
Act.
A
permit
7
issued
under
this
chapter
for
the
use
or
disposal
of
sewage
8
sludge
is
in
addition
to
and
must
contain
references
to
any
9
other
permits
required
under
this
chapter
.
The
director
shall
10
not
issue
or
renew
a
permit
to
a
disposal
system
or
a
public
11
water
supply
system
which
that
is
not
viable.
If
the
director
12
has
reasonable
grounds
to
believe
that
a
disposal
system
or
13
public
water
supply
system
is
not
viable,
the
department
may
14
require
the
system
to
submit
a
business
plan
as
a
means
of
15
determining
viability.
This
plan
shall
include
the
following
16
components:
17
Sec.
3.
Section
455B.222,
Code
2023,
is
amended
to
read
as
18
follows:
19
455B.222
Rules.
20
The
commission
shall
adopt
rules
providing
for
the
safe
21
disposal
and
sequestration
of
sewage
sludge
and
other
residual
22
materials
accumulated
at
a
wastewater
treatment
plant
that
23
contain
any
amount
of
perfluoroalkyl
and
polyfluoroalkyl
24
substances.
The
commission
may
adopt
any
other
rules
as
are
25
necessary
to
carry
out
this
part.
26
Sec.
4.
NEW
SECTION
.
455B.225
Testing
for
perfluoroalkyl
27
and
polyfluoroalkyl
substances.
28
1.
A
wastewater
treatment
plant
shall
test
sewage
29
sludge
and
any
other
residual
material
that
is
intended
30
for
land
application
for
the
presence
of
perfluoroalkyl
and
31
polyfluoroalkyl
substances.
32
2.
For
purposes
of
this
section,
“perfluoroalkyl
substance”
33
or
“polyfluoroalkyl
substance”
means
a
class
of
fluorinated
34
organic
chemicals
containing
at
least
one
fully
fluorinated
35
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carbon
atom.
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
requires
a
wastewater
treatment
plant
to
test
5
for
perfluoroalkyl
and
polyfluoroalkyl
substances
in
sewage
6
sludge
and
other
residual
materials
that
are
intended
for
land
7
application.
When
testing
conducted
under
the
bill
finds
8
any
amount
of
perfluoroalkyl
or
polyfluoroalkyl
substances
9
in
sewage
sludge
or
any
other
residual
material,
a
county
or
10
a
permit
for
the
use
or
disposal
of
sewage
sludge
issued
by
11
the
department
of
natural
resources
(DNR)
shall
not
authorize
12
the
land
application
of
that
sewage
sludge
or
other
residual
13
material
on
land
used
for
agronomic
purposes,
on
land
on
which
14
drainage
tiles
have
been
installed,
on
land
that
drains
into
a
15
water
of
the
state,
or
in
a
five-hundred-year
floodplain.
The
16
bill
requires
the
environmental
protection
commission
(EPC)
to
17
adopt
rules
providing
for
the
safe
disposal
and
sequestration
18
of
sewage
sludge
and
other
residual
materials
accumulated
19
at
a
wastewater
treatment
plant
that
contain
any
amount
of
20
perfluoroalkyl
and
polyfluoroalkyl
substances.
21
By
operation
of
law,
a
person
who
violates
a
permit
for
22
the
use
or
disposal
of
sewage
sludge
issued
by
DNR
is
subject
23
to
a
civil
penalty
not
to
exceed
$5,000
for
each
day
of
such
24
violation.
A
wastewater
treatment
plant
that
fails
to
test
for
25
the
presence
of
perfluoroalkyl
and
polyfluoroalkyl
substances
26
in
sewage
sludge
and
any
other
residual
materials
and
any
27
person
who
violates
rules
adopted
by
EPC
is
guilty
of
a
simple
28
misdemeanor.
A
simple
misdemeanor
is
punishable
by
confinement
29
for
no
more
than
30
days
and
a
fine
of
at
least
$105
but
not
30
more
than
$855.
31
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