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 TLSB 1474YH (3) 90 js/ns
H.F. 145 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 -1- LSB 1474YH (3) 90 js/ns 1/ 3
H.F. 145 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 -2- LSB 1474YH (3) 90 js/ns 2/ 3
H.F. 145 carbon atom. 1 EXPLANATION 2 The inclusion of this explanation does not constitute agreement with 3 the explanations 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 -3- LSB 1474YH (3) 90 js/ns 3/ 3