reglab/statecodes huggingface dataset:
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.218 - Duration of certificates — fee — renewal.

455B.218 Duration of certificates — fee — renewal.
Certificates shall be for the multiyear period determined by the director unless sooner revoked by the director, but the certificates remain the property of the department and the certificate shall so state. The fee for issuance of certificates as determined under section 455B.221 shall be prorated on a quarterly basis for any original certificate issued for a period of less than twelve months. A person who fails to renew a certificate prior to its expiration shall be allowed to renew it within thirty days following its expiration, but the director may assess a reasonable penalty as established by rule.
[C66, 71, §136A.10; C73, 75, 77, 79, 81, §455B.58]
C83, §455B.218
86 Acts, ch 1245, §1895
Referred to in §272C.1
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.219 - Revocation or suspension.

455B.219 Revocation or suspension.
The director may suspend or revoke the certificate of an operator, following a hearing before the director, when the operator is guilty of the following acts or offenses:
1. Fraud in procuring a license.
2. Professional incompetency.
3. Knowingly making misleading, deceptive, untrue or fraudulent representations in the practice of the operator’s profession or engaging in unethical conduct or practice harmful or detrimental to the public. Proof of actual injury need not be established.
4. Habitual intoxication or addiction to the use of drugs.
5. Conviction of a felony related to the profession or occupation of the licensee, or the conviction of any felony that would affect the licensee’s ability to operate a water treatment or wastewater treatment plant. A copy of the record of conviction or plea of guilty shall be conclusive evidence.
6. Fraud in representation as to skill or ability.
7. Use of untruthful or improbable statements in advertisements.
8. Willful or repeated violations of this subchapter III.
[C66, 71, §136A.11; C73, 75, 77, 79, 81, §455B.59]
C83, §455B.219
86 Acts, ch 1245, §1896; 2021 Acts, ch 76, §99
Referred to in §272C.1, 272C.3, 272C.4
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.221 - Certification and examination fees.

455B.221 Certification and examination fees.
The director may charge a fee for certificates issued under this part. The fee for the certificates and for renewal shall be based on the costs of administering and enforcing this part and paying the expenses of the department relating to certification. The department shall be reimbursed for all costs incurred. The director shall set a fee for the examination which shall be based upon the annual cost of administering the examinations. All fees collected shall be retained by the department for administration of the certification program.
[C66, 71, §136A.14; C73, 75, 77, 79, 81, §455B.61]
C83, §455B.221
86 Acts, ch 1245, §1897; 94 Acts, ch 1059, §1
Referred to in §272C.1, 455B.218
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.222 - Rules.

455B.222 Rules.
The commission may adopt rules as are necessary to carry out this part.
[C66, 71, §136A.15; C73, 75, 77, 79, 81, §455B.62]
C83, §455B.222
86 Acts, ch 1245, §1898
Referred to in §272C.1
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.223 - Competent operator required.

455B.223 Competent operator required.
It shall be unlawful for any person, firm, corporation, municipal corporation, or other governmental subdivision or agency, operating a water treatment plant, water distribution system, or wastewater treatment plant to operate same unless the competency of the operator to operate such plant or system is duly certified to by the director under the provisions of this part 2 of subchapter III. It shall also be unlawful for any person to perform the duties of an operator, as defined in this part, without being duly certified under the provisions of this part.
[C66, 71, §136A.16; C73, 75, 77, 79, 81, §455B.63]
C83, §455B.223
2021 Acts, ch 76, §150; 2021 Acts, ch 80, §283
Referred to in §272C.1, 455B.199D
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.224 - Simple misdemeanor.

455B.224 Simple misdemeanor.
Any person, including any firm, corporation, municipal corporation, or other governmental subdivision or agency, violating any provisions of this part 2 of subchapter III or the rules adopted under this part after written notice of the violation by the executive director is guilty of a simple misdemeanor. Each day of operation in such violation of this part or any rules adopted under this part shall constitute a separate offense. It shall be the duty of the appropriate county attorney to secure injunctions of continuing violations of any provisions of this part or the rules adopted under this part.
[C66, 71, §136A.17; C73, 75, 77, 79, 81, §455B.64]
C83, §455B.224
2021 Acts, ch 76, §100; 2021 Acts, ch 80, §284
Referred to in §272C.1, 331.756(58)
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.262A - National flood insurance program — participation required.

455B.262A National flood insurance program — participation required.
1. All counties and cities in this state that have an effective flood insurance rate map or flood hazard boundary map published by the federal emergency management agency that identifies a special flood hazard area within the political boundaries of the county or city shall meet the requirements for participation in the national flood insurance program administered by the federal emergency management agency on or before June 30, 2011.
2. If a county or city does not currently have an effective flood insurance rate map or flood hazard boundary map published by the federal emergency management agency that identifies a special flood hazard area within the political boundaries of the county or city, the county or city shall have twenty-four months from the effective date of any future flood insurance rate map or flood hazard boundary map published by the federal emergency management agency to meet the requirements for participation in the national flood insurance program.
3. State participation in funding financial assistance for a flood-related disaster under section 29C.6, subsection 17, paragraph “a”, is contingent upon the county or city participating in the national flood insurance program pursuant to the terms, conditions, and deadlines set forth in this section.
2009 Acts, ch 147, §1
Referred to in §455B.265A
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.262B - Cooperation with the state geologist.

455B.262B Cooperation with the state geologist.
The department may request and shall receive assistance from the state geologist pursuant to section 456.14 to allow for the allocation and use of water resources, and the preclusion of conflicts among users of water resources, as provided in this part.
2018 Acts, ch 1167, §26
Referred to in §455B.265A, 456.14
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.264 - Jurisdiction — water and floodplains.

455B.264 Jurisdiction — water and floodplains.
1. The department has jurisdiction over the public and private waters in the state and the lands adjacent to the waters necessary for the purposes of carrying out this part. The department may construct flood control works or any part of the works. In the construction of the works, in making surveys and investigations, or in formulating plans and programs relating to the water resources of the state, the department may cooperate with an agency of another state or the United States, or with any other person.
2. Upon application by any person for permission to divert, pump, or otherwise take waters from any watercourse, underground basin or watercourse, drainage ditch, or settling basin within this state for any purpose other than a nonregulated use, the director shall investigate the effect of the use upon the natural flow of the watercourse, the effect of the use upon the owners of any land which might be affected by the use, the effect of the use upon prior users of the water source and contracts made under section 455B.263 and whether the use is consistent with the principles and policies of beneficial use.
3. Upon application by any person for approval of the construction or maintenance of any structure, dam, obstruction, deposit, or excavation to be erected, used, or maintained in or on the floodplains of any river or stream, the department shall investigate the effect of the construction or maintenance project on the efficiency and capacity of the floodway. In determining the effect of the proposal the department shall consider fully its effect on flooding of or flood control for any proposed works and adjacent lands and property, on the wise use and protection of water resources, on the quality of water, on fish, wildlife, and recreational facilities or uses, and on all other public rights and requirements.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455A.18; 82 Acts, ch 1199, §18, 96]
C83, §455B.264
83 Acts, ch 137, §11; 85 Acts, ch 7, §4; 86 Acts, ch 1245, §1899A, 1899B
Referred to in §455B.265A
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.265A - Water use permit fund — appropriation.

455B.265A Water use permit fund — appropriation.
1. A water use permit fund is created in the state treasury. The fund shall be separate from the general fund of the state and shall be under the control of the department.
2. Moneys credited to the fund from the fees assessed pursuant to section 455B.265, subsection 6, are appropriated to the department and shall be used for all of the following purposes:
a. Reviewing applications for permits under section 455B.265, issuing permits, and providing technical assistance to permit applicants.
b. Ensuring compliance with the terms of the permits.
c. Implementing and enforcing the provisions of sections 455B.261 through 455B.281 pertaining to water allocation, use, diversion, storage, and withdrawal, and completing investigations needed to issue new or modified permits or to resolve water interference complaints.
3. Notwithstanding section 8.33, any unexpended balance in the fund at the end of a fiscal year shall be retained in the fund.
4. Notwithstanding section 12C.7, subsection 2, interest, earnings on investments, or time deposits of the moneys in the fund shall be retained in the fund.
2008 Acts, ch 1163, §3
Referred to in §455B.265
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.267 - Permits for beneficial use — prohibitions.

455B.267 Permits for beneficial use — prohibitions.
1. The director or the commission may issue a permit for beneficial use of water in a watercourse if the established average minimum water flow is preserved.
2. A use of water shall not be authorized if it will impair the effect of this chapter or any other pollution control law of this state.
3. A permit shall not be issued or continued if it will impair the navigability of any navigable watercourse.
4. A permit to divert, store or withdraw water shall not be issued or continued if it will unreasonably impair the long-term availability of water from a surface or groundwater source in terms of quantity or quality, or otherwise adversely affect the public health or welfare.
[C58, 62, 66, 71, 73, 75, 77, 79, 81, §455A.22 – 455A.24; 82 Acts, ch 1199, §21, 96]
C83, §455B.267
85 Acts, ch 7, §7; 86 Acts, ch 1245, §1899A
Referred to in §455B.265A, 460.302
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.268 - When permit required.

455B.268 When permit required.
1. A permit shall be required for the following:
a. Except for a nonregulated use, a person diverting, storing or withdrawing water from any surface or groundwater source.
b. A person who diverts water or any material from the surface directly into an underground watercourse or basin.
2. The commission may adopt, modify, or repeal rules pursuant to chapter 17A specifying the conditions under which the director may authorize specific nonrecurring minor uses of water for periods not to exceed one year through registration.
3. Notwithstanding any exemptions from permit requirements, nothing in this part exempts water users from requirements for reporting which the commission adopts by rule.
[C58, 62, 66, 71, 73, 75, 77, §455A.25; C79, 81, §455A.8, 455A.25; 82 Acts, ch 1199, §22, 96]
C83, §455B.268
85 Acts, ch 7, §8; 86 Acts, ch 1245, §1899A
Referred to in §455B.172, 455B.265, 455B.265A
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.269 - Taking water prohibited.

455B.269 Taking water prohibited.
1. A person shall not take water from a natural watercourse, underground basin or watercourse, drainage ditch, or settling basin within this state for any purpose other than a nonregulated use except in compliance with the sections of this part which relate to the withdrawal, diversion, or storage of water. However, existing uses may be continued during the period of the pendency of an application for a permit.
2. A person, other than the aquifer storage and recovery permittee, shall not take treated water from a permitted aquifer storage and recovery site within this state.
[C58, 62, 66, 71, 73, 75, 77, 79, 81, §455A.26; 82 Acts, ch 1199, §23, 96]
C83, §455B.269
83 Acts, ch 137, §14; 98 Acts, ch 1043, §4
Referred to in §455B.265A
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.270 - Rights preserved.

455B.270 Rights preserved.
The sections of this part which relate to the withdrawal, diversion, or storage of water do not deprive any person of the right to use diffused waters, to drain land by use of tile, open ditch, or surface drainage, or to construct an impoundment on the person’s property or across a stream that originates on the person’s property if provision is made for safe construction and for a continued established average minimum flow when the flow is required to protect the rights of water users below.
[C58, 62, 66, 71, 73, 75, 77, 79, 81, §455A.27; 82 Acts, ch 1199, §24, 96]
C83, §455B.270
83 Acts, ch 137, §15
Referred to in §455B.265A
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.271 - Modification or cancellation of permits.

455B.271 Modification or cancellation of permits.
Each permit issued under section 455B.265 is irrevocable for its term and for any extension of its term except as follows:
1. A permit may be modified or canceled by the department with the consent of the permittee.
2. Subject to appeal to the department of inspections and appeals, a permit may be modified or canceled by the director if any of the following occur:
a. There is a breach of the terms of the permit.
b. There is a violation of the law pertaining to the permit by the permittee or the permittee’s agents.
c. There is a circumstance of nonuse as provided in section 455B.272.
d. The department finds that modification or cancellation is necessary to protect the public health or safety, to protect the public interests in lands or waters, to require conservation measures or to prevent substantial injury to persons or property in any manner. Before the modification or cancellation is effective, the department shall give at least thirty days’ written notice mailed to the permittee at the permittee’s last known address, stating the grounds of the proposed modification or cancellation and giving the permittee an opportunity to be heard on the proposal.
3. By written emergency order to the permittee, the department may suspend or restrict operations under a permit if the director finds it necessary in an emergency to protect the public health, to protect the public interest in waters against imminent danger of substantial injury in any manner or to an extent not expressly authorized by the permit, to implement the priority allocation system of section 455B.266, or to protect persons or property against imminent danger. The department may require the permittee to take measures necessary to prevent or remedy the injury. The emergency order shall state the effective date of the suspension or restriction and shall be immediately effective on that date unless stayed, modified or vacated at a hearing before the department or by a court.
[C58, 62, 66, 71, 73, 75, 77, 79, 81, §455A.28; 82 Acts, ch 1199, §25, 96]
C83, §455B.271
83 Acts, ch 137, §16; 85 Acts, ch 7, §9, 10; 86 Acts, ch 1245, §1899A, 1899B
Referred to in §455B.265, 455B.265A, 455B.266, 455B.281
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.272 - Termination of permit.

455B.272 Termination of permit.
The right of the permittee and the permittee’s successors to the use of water shall terminate when the permittee or the permittee’s successors fail for three consecutive years to use it for the specific beneficial purpose authorized in the permit and, after notification by the department of intent to cancel the permit for nonuse, the permittee or the permittee’s successors fail to demonstrate adequate plans to use water within a reasonable time. However, nonuse of water due to adequate rainfall does not constitute grounds for cancellation of a permit to use water for irrigation.
[C58, 62, 66, 71, 73, 75, 77, 79, 81, §455A.29; 82 Acts, ch 1199, §26, 96]
C83, §455B.272
83 Acts, ch 137, §17
Referred to in §455B.265A, 455B.271
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.273 - Disposal of permit.

455B.273 Disposal of permit.
A permittee may sell, transfer, or assign a permit by conveying, leasing, or otherwise transferring the ownership of the land described in the permit, but the permit does not constitute ownership or absolute rights of use of the waters. The waters remain subject to the principle of beneficial use and the orders of the director or commission.
[C58, 62, 66, 71, 73, 75, 77, 79, 81, §455A.30; 82 Acts, ch 1199, §27, 96]
C83, §455B.273
86 Acts, ch 1245, §1899
Referred to in §455B.265A
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.274 - Unauthorized depleting uses.

455B.274 Unauthorized depleting uses.
If a person files a complaint with the department that another person is making a depleting use of water not expressly exempted as a nonregulated use under this part and without a permit to do so, the department shall cause an investigation to be made and if the facts stated in the complaint are verified the department shall order the discontinuance of the use.
[C58, 62, 66, 71, 73, 75, 77, 79, 81, §455A.32; 82 Acts, ch 1199, §28, 96]
C83, §455B.274
Referred to in §455B.265A
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.276 - Floodplains — encroachment limits.

455B.276 Floodplains — encroachment limits.
1. The commission may establish and enforce rules for the orderly development and wise use of the floodplains of any river or stream within the state and alter, change, or revoke the rules. The commission shall determine the characteristics of floods which reasonably may be expected to occur and may establish by order encroachment limits, protection methods, and minimum protection levels appropriate to the flooding characteristics of the stream and to reasonable use of the floodplains. The order shall fix the length of floodplains to be regulated at any practical distance, the width of the zone between the encroachment limits so as to include portions of the floodplains adjoining the channel, which with the channel, are required to carry and discharge the flood waters or flood flow of the river or stream, and the design discharge and water surface elevations for which protection shall be provided for projects outside the encroachment limits but within the limits of inundation. Plans for the protection of projects proposed for areas subject to inundation shall be reviewed as plans for flood control works within the purview of section 455B.277. An order establishing encroachment limits shall not be issued until notice of the proposed order is given and an opportunity for public hearing is given for the presentation of protests against the order. In establishing the limits, the commission shall avoid to the greatest possible degree the evacuation of persons residing in the area of a floodway, the removal of residential structures occupied by the persons in the area of a floodway, and the removal of structures erected or made prior to July 4, 1965, which are located on the floodplains of a river or stream but not within the area of a floodway.
2. The commission shall cooperate with and assist local units of government in the establishment of encroachment limits, floodplain regulations, and zoning ordinances relating to floodplain areas within their jurisdiction. Encroachment limits, floodplain regulations, or floodplain zoning ordinances proposed by local units of government shall be submitted to the department for review and approval prior to adoption by the local units of government. Changes or variations from an approved regulation or ordinance as it relates to floodplain use are subject to approval by the commission prior to adoption. Individual applications, plans, and specifications and individual approval orders shall not be required for works on the floodplains constructed in conformity with encroachment limits, floodplain regulations, or zoning ordinances adopted by the local units of government and approved by the commission.
[C50, 54, §455A.21; C58, 62, 66, 71, 73, 75, 77, 79, 81, §455A.35; 82 Acts, ch 1199, §30, 96]
C83, §455B.276
83 Acts, ch 137, §19; 2018 Acts, ch 1041, §127
Referred to in §455B.265A
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.277 - Flood control works coordinated.

455B.277 Flood control works coordinated.
1. All flood control works in the state, which are established and constructed after April 16, 1949, shall be coordinated in design, construction, and operation according to sound and accepted engineering practice so as to effect the best flood control obtainable throughout the state. A person shall not construct or install works of any nature for flood control until the proposed works and the plans and specifications for the works are approved by the department. The department shall consider all the pertinent facts relating to the proposed works which will affect flood control and water resources in the state and shall determine whether the proposed works in the plans and specifications will be in aid of and acceptable as part of, or will adversely affect and interfere with flood control in the state, adversely affect the control, development, protection, allocation, or utilization of the water resources of the state, or adversely affect or interfere with an approved local water resources plan. In the event of disapproval, the department shall set forth the objectionable features so that the proposed works and the plans and specifications for the proposed works may be corrected or adjusted to obtain approval.
2. This section applies to drainage districts, soil and water conservation districts, the natural resource commission, political subdivisions of the state, and private persons undertaking projects relating to flood control.
[C50, 54, §455A.22; C58, 62, 66, 71, 73, 75, 77, 79, 81, §455A.36; 82 Acts, ch 1199, §31, 96]
C83, §455B.277
83 Acts, ch 137, §20; 88 Acts, ch 1134, §86; 2018 Acts, ch 1041, §127
Referred to in §455B.265A, 455B.276
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.278 - Permit application procedures.

455B.278 Permit application procedures.
1. The commission shall adopt, modify, or repeal rules establishing procedures by which permits required under this part shall be issued, suspended, revoked, modified, or denied. The rules shall include provisions for application, public notice and opportunity for public hearing, and contested cases. Public notice of a decision by the director to issue a permit shall be given in a manner designed to inform persons who may be adversely affected by the permitted project or activity.
2. Action by the department upon an application for a permit required under this part may be appealed to the commission by the applicant or any affected person within thirty days of the department’s action. A hearing before the commission or its designee is a contested case. The hearings and judicial review of decisions of the commission shall be carried out in accordance with chapter 17A. Notwithstanding chapter 17A, petitions for judicial review may be filed in the district court of Polk county or of any county in which the property affected is located. If the commission, the district court, or the supreme court determines that the action of the commission shall be stayed, the petitioner shall file an appropriate bond approved by the court.
[C50, 54, §455A.23; C58, 62, 66, 71, 73, 75, 77, 79, 81, §455A.19, 455A.37; 82 Acts, ch 1199, §32, 96]
C83, §455B.278
83 Acts, ch 136, §3; 83 Acts, ch 137, §21
Referred to in §455B.265A, 455B.266
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.279 - Violation.

455B.279 Violation.
1. The director may issue any order necessary to secure compliance with or prevent a violation of this part or the rules adopted pursuant to this part. The order may be appealed to the commission by filing a notice of appeal with the director. The appeal shall be conducted as a contested case pursuant to chapter 17A and the commission may affirm, modify, or revoke the order. The department may request legal services as required from the attorney general, including any legal proceeding necessary to obtain compliance with this part and rules and orders issued under this part. The applicable time frames for the issuance and appeal of an order are defined in section 455B.110.
2. A person who violates a provision of this part or a rule or order adopted or promulgated or the conditions of a permit issued pursuant to this part is subject to a civil penalty not to exceed five hundred dollars for each day that a violation occurs.
[C50, 54, §455A.26; C58, 62, 66, 71, 73, 75, 77, §455A.39; C79, 81, §455A.33(7), 455A.39; 82 Acts, ch 1199, §33, 96]
C83, §455B.279
83 Acts, ch 137, §22; 86 Acts, ch 1144, §3; 2019 Acts, ch 97, §5
Referred to in §455B.265A
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.281 - Compensation for well interference.

455B.281 Compensation for well interference.
1. If an investigation by the department, using information provided by the applicant or permittee and the complainant, discloses that a proposed or existing permitted use or combination of such uses is causing or will cause the delivery system to fail in a well which supplies water for a nonregulated use, the department may condition issuance or continuation of a permit upon payment by the permittee of compensation for all or a portion of the cost of a replacement water supply system or remedial measures necessitated by the interference. However, such condition may be imposed only after the parties demonstrate to the department that a good-faith effort to negotiate a mutually agreeable compensation has been made and has failed.
2. Determination of the amount of compensation for the well interference shall be made a part of the determination of the department in accordance with section 455B.265 or 455B.271. The department may require the submission of itemized estimates of the cost of remedial repairs or a replacement water supply system. In determining appropriate compensation, the department shall consider the age and condition of the affected well or pumping system and its reasonableness as a method of obtaining groundwater in light of the history of development of groundwater in the surrounding area. When compensation is required for all or part of the cost of construction of a replacement water supply system or reconstruction of an affected well, the construction or reconstruction must comply with applicable well construction standards. A permittee is not required to pay compensation before having an opportunity to do test pumping authorized by the department and supervised by the department or designee.
3. The determination of the department shall be subject to administrative and judicial review and shall be the exclusive remedy for such interference.
85 Acts, ch 7, §11; 2018 Acts, ch 1041, §127
Referred to in §455B.265A
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.282 - County and city control of junkyards.

455B.282 County and city control of junkyards.
Nothing in this part shall be construed as limiting the authority of a city or county to adopt an ordinance regulating a junkyard located within a five hundred year floodplain.
2009 Acts, ch 146, §4
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.292 - Findings.

455B.292 Findings.
The general assembly finds that the proper construction, rehabilitation, operation, and maintenance of modern and efficient wastewater treatment works, other water pollution control works, and drinking water facilities are essential to protecting and improving the state’s water quality and the health of its citizens; that protecting and improving water quality is an issue of concern to the citizens of the state; that in addition to protecting and improving the state’s water quality, adequate wastewater treatment and water pollution control works and drinking water facilities are essential to economic growth and development; that during the last several years the amount of federal grant money available to states and local governments for assistance in constructing and improving wastewater treatment works and safe drinking water facilities has sharply diminished and will likely continue to diminish; and that it is proper for the state to encourage local governments, individuals, and other entities to undertake water pollution control and drinking water projects through the establishment of a state mechanism to provide loans at the lowest reasonable rates.
88 Acts, ch 1217, §11; 97 Acts, ch 4, §8; 2002 Acts, ch 1019, §2
Referred to in §16.131, 455B.199B, 456A.17
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.293 - Policy.

455B.293 Policy.
It is the policy of this state that it is in the public interest to establish a water pollution control works and drinking water facilities financing program and revolving loan funds and administration funds to make loans available from the state to eligible entities for the purpose of undertaking projects. This section shall be broadly construed to effect and accomplish that purpose.
88 Acts, ch 1217, §12; 97 Acts, ch 4, §9; 2002 Acts, ch 1019, §3
Referred to in §16.131, 455B.199B, 456A.17
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.294 - Establishment of the water pollution control works and drinking water facilities financing program.

455B.294 Establishment of the water pollution control works and drinking water facilities financing program.
The water pollution control works and drinking water facilities financing program is established for the purpose of making loans available to eligible entities to finance all or part of the costs of projects. The program shall be a joint and cooperative undertaking of the department and the authority. The department and the authority may enter into and provide any agreements, documents, instruments, certificates, data, or information necessary in connection with the operation, administration, and financing of the program consistent with this part, the Safe Drinking Water Act, the Clean Water Act, the rules of the department and the commission, the rules of the authority, and other applicable federal and state law. The authority and the department may act to conform the program to the applicable guidance and regulations adopted by the United States environmental protection agency.
88 Acts, ch 1217, §13; 97 Acts, ch 4, §10; 2002 Acts, ch 1019, §4; 2014 Acts, ch 1080, §90, 98
Referred to in §16.131, 16.131A, 455B.199B, 455B.291, 456A.17
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.296 - Intended use plans — capitalization grants — accounting.

455B.296 Intended use plans — capitalization grants — accounting.
1. Each fiscal year beginning July 1, 1988, the department may prepare and deliver intended use plans and enter into capitalization grant agreements with the administrator of the United States environmental protection agency under the terms and conditions set forth in the Clean Water Act and the Safe Drinking Water Act and federal regulations adopted pursuant to the Acts and may accept capitalization grants for each of the revolving loan funds in accordance with payment schedules established by the administrator. All payments from the administrator shall be deposited in the appropriate revolving loan funds.
2. The department and the authority shall establish fiscal controls and accounting procedures during appropriate accounting periods for payments received for deposit in and disbursements made from the revolving loan funds and the administration funds and to fund balances at the beginning and end of the accounting periods.
3. Upon receipt of the joint recommendation of the department and the authority with respect to the amounts to be so reserved and transferred, and subject in all respects to the applicable provisions of the Clean Water Act, Safe Drinking Water Act, and other applicable federal law, the governor may direct that the recommended portion of a capitalization grant made in respect of one of the revolving loan funds in any year be reserved for the transfer to another revolving loan fund. The authority and the department may effect the transfer of any funds reserved for such purpose, as directed by the governor, and shall cause the records of the program to reflect the transfer. Any sums so transferred shall be expended in accordance with the intended use plan for the applicable revolving loan fund.
88 Acts, ch 1217, §15; 97 Acts, ch 4, §12; 2002 Acts, ch 1019, §6; 2009 Acts, ch 30, §15
Referred to in §16.131, 455B.199B, 455B.295, 455B.297, 456A.17
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.297 - Loans to eligible entities.

455B.297 Loans to eligible entities.
1. Moneys deposited in the revolving loan funds shall be used for the primary purpose of making loans to eligible entities to finance the eligible costs of projects in accordance with the intended use plans developed by the department under section 455B.296. The loan recipients and the purpose and amount of the loans shall be determined by the director, in accordance with rules adopted by the commission, in compliance with and subject to the terms and conditions of the Clean Water Act, the Safe Drinking Water Act, and other applicable federal law, as applicable, and any resolution, agreement, indenture, or other document of the authority, and rules adopted by the authority, relating to any bonds, notes, or other obligations issued for the program which may be applicable to the loan.
2. Notwithstanding any provision of this chapter to the contrary, moneys received under the federal American Recovery and Reinvestment Act of 2009, Pub. L. No. 111-5, and deposited in the revolving loan funds may be used in any manner permitted or required by applicable federal law.
88 Acts, ch 1217, §16; 97 Acts, ch 4, §13; 2002 Acts, ch 1019, §7; 2009 Acts, ch 30, §16; 2009 Acts, ch 100, §19, 21
Referred to in §16.131, 455B.199B, 456A.17
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.298 - Powers and duties of the director.

455B.298 Powers and duties of the director.
The director shall:
1. Process, review, and approve or deny intended use plan applications to determine if an application meets the eligibility requirements set by the rules of the department.
2. Process and review all documents relating to the planning, design, construction, and operation of water pollution control works and drinking water facilities pursuant to this part.
3. Prepare and process, in coordination with the authority, documents relating to the administration of the program.
4. Include in the budget prepared pursuant to section 455A.4, subsection 1, paragraph “c”, an annual budget for the administration of the program and the use and disposition of amounts on deposit in the administration funds.
5. Receive fees pursuant to the program as determined in conjunction with the authority.
6. Perform other acts and assume other duties and responsibilities necessary for the operation of the program and for the carrying out of the Clean Water Act and the Safe Drinking Water Act.
88 Acts, ch 1217, §17; 97 Acts, ch 4, §14; 2002 Acts, ch 1019, §8; 2009 Acts, ch 30, §17
Referred to in §16.131, 455B.199B, 456A.17
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.299 - Adoption of rules.

455B.299 Adoption of rules.
The commission shall adopt rules pursuant to chapter 17A appropriate for the administration of this part.
88 Acts, ch 1217, §18
Referred to in §16.131, 455B.199B, 456A.17
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.301A - Declaration of policy.

455B.301A Declaration of policy.
1. The protection of the health, safety, and welfare of Iowans and the protection of the environment require the safe and sanitary disposal of solid wastes. An effective and efficient solid waste disposal program protects the environment and the public, and provides the most practical and beneficial use of the material and energy values of solid waste. While recognizing the continuing necessity for the existence of landfills, alternative methods of managing solid waste and a reduction in the reliance upon land disposal of solid waste are encouraged. In the promotion of these goals, the following waste management hierarchy in descending order of preference, is established as the solid waste management policy of the state:
a. Volume reduction at the source.
b. Recycling and reuse.
c. Waste conversion technologies.
d. Combustion with energy recovery.
e. Other approved techniques of solid waste management including but not limited to combustion for waste disposal and disposal in sanitary landfills.
2. In the implementation of the solid waste management policy, the state shall:
a. Establish and maintain a cooperative state and local program of project planning, and technical and financial assistance to encourage comprehensive solid waste management.
b. Utilize the capabilities of private enterprise as well as the services of public agencies to accomplish the desired objectives of an effective solid waste management program.
87 Acts, ch 225, §405; 94 Acts, ch 1177, §1; 2006 Acts, ch 1063, §1; 2015 Acts, ch 112, §2
Referred to in §455B.302, 455B.304, 455B.311, 455D.3, 455D.5
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.303 - Director’s duties — delegation.

455B.303 Director’s duties — delegation.
1. The director shall administer the provisions of this part 1 of subchapter IV subject to the rules established by the commission.
2. Local boards of health shall cooperate in the enforcement of the provisions of this part 1 of subchapter IV and the director may seek their aid and delegate administrative duties of the department to the local boards of health in matters relating to solid waste and sanitary disposal projects.
3. The director may issue, modify, or deny waivers from the rules of the commission. The applicant may appeal the decision of the director to the commission.
[C71, §406.4; C73, 75, 77, 79, 81, §455B.77]
C83, §455B.303
86 Acts, ch 1245, §1899; 2018 Acts, ch 1041, §127; 2021 Acts, ch 76, §150; 2022 Acts, ch 1013, §2; 2022 Acts, ch 1021, §107
See Code editor’s note on simple harmonization at the beginning of this Code volume
Subsections 2 and 3 amended
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.305 - Issuance or renewal of permits by director.

455B.305 Issuance or renewal of permits by director.
1. The director shall issue, revoke, suspend, modify, or deny permits for the construction and operation of sanitary disposal projects.
a. A permit shall be issued by the director or, at the director’s direction, by a local board of health for each sanitary disposal project operated in this state. The permit shall be issued in the name of the city or county or, where applicable, in the name of the public or private agency operating the project. Permits issued pursuant to this section are in addition to any other licenses, permits, or waivers authorized or required by law, including but not limited to chapter 335.
b. Each sanitary disposal project shall be inspected periodically by the department or a local board of health.
c. A permit may be suspended or revoked by the director if a sanitary disposal project is found not to meet the requirements of this part 1 or the rules adopted pursuant to this part 1. The suspension or revocation of a permit may be appealed to the department.
2. The director shall not issue or renew a permit for a municipal solid waste landfill unless the permit applicant, in conjunction with all local governments using the landfill, has documented its implementation of solid waste disposal methods other than final disposal in a sanitary landfill.
3. The director shall not issue or renew a permit for a sanitary landfill unless the sanitary landfill is equipped with a leachate control system.
4. The director shall not issue or renew a permit for a transfer station operating as part of an agreement between two planning areas pursuant to section 455B.306, subsection 2, unless the applicant, in conjunction with all local governments using the transfer station, has documented its implementation of solid waste disposal methods other than final disposal in a sanitary landfill.
[C71, §406.6; C73, 75, 77, 79, 81, §455B.79]
C83, §455B.305
83 Acts, ch 136, §4; 86 Acts, ch 1175, §2; 86 Acts, ch 1245, §1899, 1899B; 87 Acts, ch 225, §409, 410; 89 Acts, ch 272, §30; 92 Acts, ch 1215, §6; 94 Acts, ch 1177, §3; 2005 Acts, ch 31, §1; 2008 Acts, ch 1118, §4; 2011 Acts, ch 25, §52; 2022 Acts, ch 1013, §4, 5
Referred to in §331.381, 455B.304, 455B.306
Subsection 1, paragraph a amended
Subsection 3 amended
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.305B - Pyrolysis or gasification material ownership.

455B.305B Pyrolysis or gasification material ownership.
Preprocessed and postprocessed post-use polymers and recoverable feedstocks stored at a pyrolysis facility or gasification facility are the sole property of the pyrolysis facility or gasification facility. Within sixty days of termination of operations at the facility, all unused preprocessed and postprocessed post-use polymers and recoverable feedstocks must be sold or disposed of by the pyrolysis facility or gasification facility in compliance with applicable laws.
2019 Acts, ch 14, §3
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.306A - Annexation of territory — expansion of services.

455B.306A Annexation of territory — expansion of services.
1. A city which annexes an area pursuant to chapter 368, or plans to operate or expand solid waste collection services into an area where the collection of solid waste is presently being provided by a private entity, shall notify the private entity by certified mail at least sixty days before its annexation or expansion of its intent to provide solid waste collection services in the area.
2. A city shall not commence alternative solid waste collection in such an area for one year from the effective date of the annexation or one year from the effective date of the notice that the city intends to operate or expand solid waste collection services in the area, unless the city contracts with the private entity to continue the services for that period.
3. A private entity providing solid waste collection services pursuant to this section shall provide solid waste collection services in the area in accordance with the city’s comprehensive plan.
92 Acts, ch 1174, §6