reglab/statecodes huggingface dataset:
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.147 - Failure — procedure.

455B.147 Failure — procedure.
If the director fails to take action within sixty days after an application for a variance is made, or if the department fails to enter a final order or determination within sixty days after the final argument in hearing on appeal, the person seeking the action may treat the failure to act as a grant of the requested variance, or of a finding favorable to the respondent in hearing on appeal, as the case may be.
[C71, §136B.17; C73, 75, 77, 79, 81, §455B.26]
C83, §455B.147
86 Acts, ch 1245, §1899, 1899B; 93 Acts, ch 137, §6; 2014 Acts, ch 1010, §6
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.150 - Compliance advisory panel — creation.

455B.150 Compliance advisory panel — creation.
A compliance advisory panel is created, pursuant to Tit. V, section 507(e) of the federal Clean Air Act Amendments of 1990, 42 U.S.C. §7661f.
1. Appointment to the compliance advisory panel shall be as follows:
a. Two persons shall be appointed by the governor.
(1) Each person shall represent the general public and have an interest in air quality issues. The person shall not be an owner or represent an owner of a small business stationary source.
(2) The person shall serve for a four-year term and may be reappointed. A term of office shall begin and end as provided in section 69.19.
(3) An appointment shall comply with sections 69.16 and 69.16A. In addition, the appointments shall be geographically balanced.
b. Four persons appointed by the leadership of the general assembly.
(1) The persons, who shall not be members of the general assembly, shall be appointed as follows:
(a) One person by the majority leader of the senate after consultation with the president of the senate, and one person by the minority leader of the senate.
(b) One person by the speaker of the house of representatives after consultation with the majority leader, and one person by the minority leader of the house of representatives.
(2) Each person shall be an owner of a small business stationary source or shall represent an owner of a small business stationary source.
(3) Each person shall serve for a term as provided in section 69.16B and may be reappointed.
c. The director or the director’s designee who shall serve for a term of four years.
2. A vacancy shall be filled for the unexpired term by the original appointing authority in the manner of the original appointment.
3. The members are entitled to receive a per diem as specified in section 7E.6 for each day spent in performance of duties of members, and shall be reimbursed for all actual necessary expenses incurred in the performance of duties as members. Per diem and expenses shall be paid from moneys deposited in the air contaminant source fund created pursuant to section 455B.133B.
4. The compliance advisory panel shall elect a chairperson and may elect a vice chairperson or other officers from among its members as provided by its rules. The panel shall meet on a regular basis, but at least once each six months, and at the call of the chairperson or upon the written request to the chairperson of three or more members.
5. The department shall staff the compliance advisory panel and provide the panel with space to conduct its meetings, clerical assistance, and necessary supplies and equipment.
93 Acts, ch 137, §7; 2008 Acts, ch 1105, §4; 2009 Acts, ch 106, §13, 14
Referred to in §455B.151
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.151 - Compliance advisory panel — powers and duties.

455B.151 Compliance advisory panel — powers and duties.
The compliance advisory panel created in section 455B.150 shall review and report on the effectiveness of the small business stationary source technical and environmental compliance assistance program as provided in section 455B.133A. The compliance advisory panel shall do all of the following:
1. Render advisory opinions concerning the effectiveness of the small business stationary source technical and environmental compliance assistance program, difficulties encountered, and degree and severity of enforcement.
2. Make periodic reports to the administrator of the federal environmental protection agency concerning the compliance of the state small business stationary source technical and environmental compliance assistance program with the requirements of the federal Paperwork Reduction Act, 44 U.S.C. §3501 et seq.; the federal Regulatory Flexibility Act, 5 U.S.C. §601 et seq.; and the federal Equal Access to Justice Act, 5 U.S.C. §504.
3. Review information for small business stationary sources to assure such information is understandable by the layperson.
4. Have the small business stationary source technical and environmental compliance assistance program serve as the secretariat for the development and dissemination of such reports and advisory opinions.
2008 Acts, ch 1105, §5; 2009 Acts, ch 41, §131
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.152 - Greenhouse gas inventory and registry.

455B.152 Greenhouse gas inventory and registry.
1. Definitions. For purposes of this section, “greenhouse gas” means carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, or sulfur hexafluoride.
2. Greenhouse gas inventory.
a. By January 1, 2008, the department shall establish a method for collecting data from producers of greenhouse gases regarding generated greenhouse gases. The data collection method shall provide for mandatory reporting to collect information from affected entities individually and shall include information regarding the amount and type of greenhouse gases generated, the type of source, and other information deemed relevant by the department in developing a baseline measure of greenhouse gases produced in the state.
b. The department may allow a series of reporting requirements to be phased in over a period of time and may provide for phasing in by producer sector, geographic area, size of producer, or other factors. The reporting requirements shall apply to the departments, agencies, boards, and commissions of the state, in addition to any other entities subject to the reporting requirements established by the department.
c. The department shall coordinate the data collection with the United States environmental protection agency upon the enactment of a federal mandatory greenhouse gas emission reporting rule.
3. Greenhouse gas registry.
a. The department shall establish a voluntary greenhouse gas registry for purposes of cooperating with other states in tracking, managing, and crediting entities in the state that reduce their generation of greenhouse gases or that provide increased energy efficiency.
b. The department shall develop a mechanism to coordinate the information obtained in the greenhouse gas inventory with the greenhouse gas registry.
4. Availability. By January 1, 2009, the greenhouse gas registry shall be made available on an internet site.
2007 Acts, ch 120, §4; 2010 Acts, ch 1034, §1; 2013 Acts, ch 90, §257
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.172A - On-farm processing operations.

455B.172A On-farm processing operations.
1. The department shall adopt by rule standards for the disposal of wastewater from an on-farm processing operation. These standards shall provide for but are not limited to disposal by all of the following:
a. By land application if all of the following apply:
(1) The volume of wastewater produced by the on-farm processing operation is less than one thousand five hundred gallons per day.
(2) The application rate does not exceed thirty thousand gallons per acre per year.
(3) The application rate does not exceed one thousand five hundred gallons per acre per day.
(4) The standards for land application are consistent with the rules for land application of septage that implement section 455B.172.
b. At a publicly owned treatment works or other wastewater treatment system with the permission of the owner of the treatment works.
c. Through a subsurface absorption system in conformance with applicable regulations of the United States environmental protection agency.
d. Through a disposal system that meets all of the following:
(1) The disposal system is located on the same site as the on-farm processing operation.
(2) The disposal system is constructed in conformance with a permit issued by the department.
(3) For a disposal system that discharges wastewater to a water of the United States, the system must be operated in conformance with a national pollutant discharge elimination system permit issued by the department under section 455B.197.
2. The department shall adopt by rule standards for the disposal of septage from an on-farm processing operation. The rules shall provide that the septage may be discharged to a permitted septage lagoon or septage drying bed with the permission of the owner of the septage system.
2011 Acts, ch 31, §2; 2012 Acts, ch 1042, §1, 2
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.175 - Violations.

455B.175 Violations.
1. If there is substantial evidence that any person has violated or is violating any provision of, or any rule or standard established or permit issued pursuant to, this part 1 of subchapter III, chapter 459, subchapter III, chapter 459A, or chapter 459B, then one of the following may apply:
a. The director may issue an order directing the person to desist in the practice which constitutes the violation or to take such corrective action as may be necessary to ensure that the violation will cease. The person to whom such order is issued may cause to be commenced a contested case within the meaning of the Iowa administrative procedure Act, chapter 17A, by filing with the director a notice of appeal to the commission. The applicable time frames for the issuance and appeal of the order are defined in section 455B.110. On appeal the commission may affirm, modify, or vacate the order of the director.
b. If it is determined by the director that an emergency exists respecting any matter affecting or likely to affect the public health, the director may issue any order necessary to terminate the emergency without notice and without hearing. Any such order shall be binding and effective immediately and until such order is modified or vacated at a hearing before the commission or by a court.
c. The director, with the approval of the commission, may request the attorney general to institute legal proceedings pursuant to section 455B.191 or 459.604.
2. Notwithstanding the limitations on civil and criminal penalty amounts in sections 331.302 and 331.307, a county that has entered into an agreement with the department pursuant to sections 455B.174 and 455B.183 regarding the construction of semipublic sewage disposal systems may assess civil penalties in amounts consistent with and not exceeding the amounts established for such penalties under this subchapter III.
[C66, 71, §455B.12, 455B.15, 455B.17; C73, 75, §455B.34, 455B.37; C77, 79, 81, §455B.34]
C83, §455B.175
83 Acts, ch 137, §5; 86 Acts, ch 1245, §1899; 2003 Acts, ch 44, §114; 2007 Acts, ch 82, §1; 2009 Acts, ch 155, §29, 34; 2011 Acts, ch 97, §3; 2019 Acts, ch 97, §3; 2021 Acts, ch 76, §91; 2021 Acts, ch 174, §21
Referred to in §459.601, 459A.501
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.176 - Criteria considered.

455B.176 Criteria considered.
In establishing, modifying, or repealing water quality standards the commission shall base its decision upon data gathered from sources within the state regarding the following:
1. The protection of the public health.
2. The size, depth, surface area covered, volume, direction and rate of flow, stream gradient, and temperature of the affected water of the state.
3. The character and uses of the land area bordering the affected water of the state.
4. The uses which have been made, are being made, or may be made of the affected water of the state for public, private, or domestic water supplies, irrigation; livestock watering; propagation of wildlife, fish, and other aquatic life; bathing, swimming, boating, or other recreational activity; transportation; and disposal of sewage and wastes.
5. The extent of contamination resulting from natural causes including the mineral and chemical characteristics.
6. The extent to which floatable or settleable solids may be permitted.
7. The extent to which suspended solids, colloids, or a combination of solids with other suspended substances may be permitted.
8. The extent to which bacteria and other biological organisms may be permitted.
9. The amount of dissolved oxygen that is to be present and the extent of the oxygen demanding substances which may be permitted.
10. The extent to which toxic substances, chemicals or deleterious conditions may be permitted.
11. The economic costs and benefits. The goal shall be a reasonable balance between total costs to the people and to the economy, and the resultant benefits to the people of Iowa.
[C66, 71, §455B.13; C73, 75, 77, 79, 81, §455B.35]
C83, §455B.176
2009 Acts, ch 41, §133
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.177 - Declaration of policy.

455B.177 Declaration of policy.
1. The general assembly finds and declares that because the federal Water Pollution Control Act provides for a permit system to regulate the discharge of pollutants into the waters of the United States and provides that permits may be issued by states which are authorized to implement that Act, it is in the interest of the people of Iowa to enact this part 1 of subchapter III in order to authorize the state to implement the federal Water Pollution Control Act, and federal regulations and guidelines issued pursuant to that Act.
2. The general assembly further finds and declares that because the federal Safe Drinking Water Act, 42 U.S.C. §300f et seq., as amended by Pub. L. No. 104-182, provides for the implementation of the Act by states which have adequate authority to do so, it is in the interest of the people of Iowa to implement the provisions of the federal Safe Drinking Water Act and federal regulations and guidelines issued pursuant to the Act.
3. The general assembly further finds and declares that it is in the interest of the people of Iowa to assess and reduce nutrients in surface waters over time by implementing the Iowa nutrient reduction strategy. To evaluate the progress achieved over time toward the goals of the Iowa nutrient reduction strategy and the United States environmental protection agency gulf hypoxia action plan, the baseline condition shall be calculated for the time period from 1980 to 1996.
[C77, 79, 81, §455B.36; 82 Acts, ch 1050, §4]
C83, §455B.177
96 Acts, ch 1079, §15; 97 Acts, ch 4, §5; 2018 Acts, ch 1001, §20; 2021 Acts, ch 76, §92
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.178 - Judicial review.

455B.178 Judicial review.
Except as provided in section 455B.191, subsection 7, judicial review of any order or other action of the commission or of the director may be sought in accordance with the terms of the Iowa administrative procedure Act, chapter 17A. Notwithstanding the terms of said Act, petitions for judicial review may be filed in the district court of the county in which the alleged offense was committed or such final order was entered.
[C66, 71, §455B.18; C73, 75, 77, 79, 81, §455B.39]
C83, §455B.178
86 Acts, ch 1245, §1899; 2003 Acts, ch 44, §114; 2009 Acts, ch 133, §247; 2010 Acts, ch 1061, §88, 181
Referred to in §455B.191
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.179 - Trade secrets protected.

455B.179 Trade secrets protected.
Upon a satisfactory showing by any person to the director that public disclosure of any record, report, permit, permit application, or other document or information or part thereof would divulge methods or processes entitled to protection as a trade secret, any such record, report, permit, permit application, or other document or part thereof other than effluent data and analytical results of monitoring of public water supply systems, shall be accorded confidential treatment. Notwithstanding the provisions of chapter 22, a person in connection with duties or employment by the department shall not make public any information accorded confidential status; however, any such record or other information accorded confidential status may be disclosed or transmitted to other officers, employees, or authorized representatives of this state or the United States concerned with carrying out this part 1 of subchapter III; chapter 459, subchapter III; or chapter 459A; or when relevant in any proceeding under this part 1 of subchapter III; chapter 459, subchapter III; or chapter 459A.
[C66, 71, §455B.17; C73, 75, §455B.37; C77, 79, 81, §455B.40]
C83, §455B.179
86 Acts, ch 1245, §1899; 96 Acts, ch 1079, §16; 2005 Acts, ch 136, §31; 2021 Acts, ch 76, §93
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.180 - Stay order.

455B.180 Stay order.
The granting of a stay may be conditioned upon the furnishing by the appellant of such reasonable security as the court may direct. A stay may be vacated on application of the department or any other party after hearing by the court.
[C66, 71, §455B.20; C73, 75, 77, 79, 81, §455B.41]
C83, §455B.180
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.181 - Variances and exemptions.

455B.181 Variances and exemptions.
The director may, after public notice and hearing, grant exemptions from a maximum contaminant level or treatment technique, or both. The director may also grant a variance from drinking water standards for public water supply systems when the characteristics of the raw water sources, which are available to a system, cannot meet the requirements with respect to maximum contaminant level of the standards despite application of the best treatment techniques which are generally available and if the director determines that the variance will not result in an unreasonable risk to the public health. A schedule of compliance may be prescribed by the director, at the time the variance or exemption is granted. The director shall also require the interim measures to minimize the contaminant levels of systems subject to the variance or exemption as may reasonably be implemented. The director may also issue variances from other rules of the department if necessary and appropriate. The director shall submit variances granted regarding a wastewater treatment facility to the commission for the commission’s review within thirty days of the granting of a variance. The denial of a variance or exemption may be appealed to the commission.
[C77, 79, 81, §455B.42]
C83, §455B.181
86 Acts, ch 1245, §1899, 1899B; 87 Acts, ch 29, §1
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.182 - Failure constitutes contempt.

455B.182 Failure constitutes contempt.
Failure to obey any order issued by the department with reference to a violation of this part 1 of subchapter III; chapter 459, subchapter III; chapter 459A; chapter 459B; or any rule promulgated or permit issued pursuant thereto shall constitute prima facie evidence of contempt. In such event the department may certify to the district court of the county in which such alleged disobedience occurred the fact of such failure. The district court after notice, as prescribed by the court, to the parties in interest shall then proceed to hear the matter and if it finds that the order was lawful and reasonable, it shall order the party to comply with the order. If the person fails to comply with the court order, that person shall be guilty of contempt and shall be fined not to exceed five hundred dollars for each day that the person fails to comply with the court order. The penalties provided in this section shall be considered as additional to any penalty which may be imposed under the law relative to nuisances or any other statute relating to the pollution of any waters of the state or related to public water supply systems and a conviction under this section shall not be a bar to prosecution under any other penal statute.
[C66, 71, §455B.24; C73, 75, 77, 79, 81, §455B.44]
C83, §455B.182
2005 Acts, ch 136, §32; 2009 Acts, ch 155, §30, 34; 2021 Acts, ch 76, §94
Referred to in §455B.191
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.183B - Program to assist supply systems.

455B.183B Program to assist supply systems.
1. The state of Iowa declares its intention to retain its jurisdiction to enforce areas provided under the federal Safe Drinking Water Act as delegated to the state by the United States.
2. The department shall establish a program to assist supply systems, in order to provide assistance to ensure safe public water supplies. The department in administering the program shall provide technical advice and perform vulnerability and viability studies of public water supply systems.
3. Whenever practical, the department may enter into a contract with a person qualified to provide assistance services under this section, if the agreement for the services is cost-effective and the quality of the services ensures compliance with state and federal law. A person entering into a contract with the department for the purpose of providing the services shall be deemed to be an agent of the department, and shall have the same authority as provided to the department, unless the contract specifies otherwise. The department shall review assistance services performed by a person under a contract to ensure that quality cost-effective service is being provided.
4. The program shall be supported by moneys deposited in the public water supply system account created in the water quality protection fund established pursuant to section 455B.183A.
94 Acts, ch 1198, §49
Referred to in §455B.183A
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.183C - Personnel — department of management.

455B.183C Personnel — department of management.
Notwithstanding any limitation upon the department’s number of full-time equivalent positions as defined in section 8.36A, any point limitation on personnel, or any other limitation upon the number of personnel or their employment classification, imposed by the department of management, the department may employ the number of full-time equivalent positions which equals the number of positions allocated by the general assembly to the department for each applicable fiscal year in order to carry out the provisions of this subchapter III relating to the administration, regulation, and enforcement of the federal Safe Drinking Water Act and the program to assist supply systems, but only to the extent that moneys used to support the positions derive from moneys deposited in the water quality protection fund, as provided in section 455B.183A. If a specific number of full-time equivalent positions are not allocated by the general assembly, the department may fill any number of positions required to administer the program, to the extent the positions are supported by the fund.
94 Acts, ch 1198, §50; 2021 Acts, ch 76, §96
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.184 - Disposal system plans.

455B.184 Disposal system plans.
The department may also require the owner of a disposal system, discharging pollutants into any water of the state, or of a public water supply system to file with it complete plans of the whole or any part of such system and any other information and records concerning the installation and operation of such system.
[C66, 71, §455B.26; C73, 75, 77, 79, 81, §455B.46]
C83, §455B.184
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.185 - Data from departments.

455B.185 Data from departments.
The commission and the director may request and receive from any department, division, board, bureau, commission, public body, or agency of the state, or of any political subdivision thereof, or from any organization, incorporated or unincorporated, which has for its object the control or use of any of the water resources of the state, such assistance and data as will enable the commission or the director to properly carry out their activities and effectuate the purposes of this part 1 of subchapter III; chapter 459, subchapter III; chapter 459A; or chapter 459B. The department shall reimburse such agencies for special expense resulting from expenditures not normally a part of the operating expenses of any such agency.
[C66, 71, §455B.27; C73, 75, 77, 79, 81, §455B.47]
C83, §455B.185
86 Acts, ch 1245, §1899; 2005 Acts, ch 136, §33; 2009 Acts, ch 155, §31, 34; 2021 Acts, ch 76, §150
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.186 - Prohibited actions.

455B.186 Prohibited actions.
1. A pollutant shall not be disposed of by dumping, depositing, or discharging such pollutant into any water of the state, except that this section shall not be construed to prohibit the discharge of adequately treated sewage, industrial waste, or other waste in accordance with rules adopted by the commission. A pollutant whether treated or untreated shall not be discharged into any state-owned natural or artificial lake except as authorized in subsection 2.
2. Subsection 1 shall not be construed to prohibit the use or application of a pesticide in accordance with the federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. §136 et seq. However, an aquatic pesticide shall not be applied to any water of the United States except as authorized in accordance with rules adopted by the commission.
[C66, 71, §455B.28; C73, 75, 77, 79, 81, §455B.48]
C83, §455B.186
86 Acts, ch 1245, §1899; 90 Acts, ch 1167, §1; 2013 Acts, ch 59, §2
Referred to in §455B.191
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.187 - Water well construction.

455B.187 Water well construction.
1. A contractor shall not engage in well construction or reconstruction without first being certified as required in this part and department rules adopted pursuant to this part. Water wells shall not be constructed, reconstructed, or abandoned by a person except as provided in this part or rules adopted pursuant to this part. Within thirty days after construction or reconstruction of a well, a contractor shall provide well information required by rule to the department and the Iowa geological survey.
2. A landowner or the landowner’s agent shall not drill for or construct a new water well without first obtaining a permit for this activity from the department. The department shall not issue a permit to any person for this activity unless the person first registers with the department all wells, including abandoned wells, on the property. The department may delegate the authority to issue a permit to a county board of supervisors or the board’s designee. In the event of such delegation, the department shall retain concurrent authority. The commission shall adopt rules pursuant to chapter 17A to implement this subsection.
3. The director may charge a fee for permits issued pursuant to this section. All fees collected pursuant to this section shall be deposited into the private water supply system account within the water quality protection fund created in section 455B.183A.
4. Notwithstanding the provisions of this section, a county board of supervisors or the board’s designee may grant an exemption from the permit requirements to a landowner or the landowner’s agent if an emergency drilling is necessary to meet an immediate need for water. The exemption shall be effective immediately upon approval of the county board of supervisors or the board’s designee. The board of supervisors or the board’s designee shall notify the director within thirty days of the granting of an exemption.
5. In the case of property owned by a state agency, a person shall not drill for or construct a new water well without first registering with the department the existence of any abandoned wells on the property. The department shall develop a prioritized closure program and time frame for the completion of the program, and shall adopt rules to implement the program.
85 Acts, ch 176, §4; 87 Acts, ch 225, §304; 91 Acts, ch 224, §6; 2003 Acts, ch 30, §2; 2003 Acts, ch 44, §68; 2016 Acts, ch 1011, §78
Referred to in §455B.172, 455B.183A, 455B.188
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.188 - Provision for emergency replacement of water wells.

455B.188 Provision for emergency replacement of water wells.
Rules adopted to implement section 455B.172, subsection 7, paragraph “b”; section 455B.173, subsection 9; and section 455B.187 shall specifically provide for the immediate replacement or reconstruction of water wells in response to the sudden and unforeseen loss or serious impairment of a well for its intended use. These provisions shall include the granting of emergency authorizations and registration of well contractors pursuant to section 455B.187 and may include the granting of variances and exemptions from technical standards as appropriate.
85 Acts, ch 176, §5
Referred to in §455B.183A
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.192 - Local government — penalties.

455B.192 Local government — penalties.
Notwithstanding sections 331.302, 331.307, 364.3, and 364.22, a city or county may assess a civil penalty for a violation of this subchapter III which is equal to the amount the department has assessed for a violation under this subchapter III.
93 Acts, ch 137, §8; 2021 Acts, ch 76, §98
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.193 - Qualifications for collection of credible data.

455B.193 Qualifications for collection of credible data.
1. For purposes of this part, all of the following shall apply:
a. Data is not credible data unless the data originates from studies and samples collected by the department, a professional designee of the department, or a qualified volunteer. For purposes of this paragraph, “professional designee” includes governmental agencies other than the department, and a person hired by, or under contract for compensation with, the department to collect or study data.
b. All information submitted by a qualified volunteer shall be reviewed and approved or disapproved by the department. The qualified volunteer shall submit a site specific plan with data which includes information used to obtain the data, the sampling and analysis plan, and quality control and quality assurance procedures used in the monitoring process. The qualified volunteer must provide proof to the department that the water monitoring plan was followed. The department shall review all data collected by a qualified volunteer, verify the accuracy of the data collected by a qualified volunteer, and determine that all components of the water monitoring plan were followed.
c. The department shall retain all information submitted by a qualified volunteer submitting the information for a period of not less than ten years from the date of receipt by the department. All information submitted shall be a public record.
d. The department shall adopt rules establishing requirements for a person to become a qualified volunteer.
2. The department of natural resources shall develop a methodology for water quality assessments as used in the section 303(d) lists and assess the validity of the data.
2000 Acts, ch 1068, §10; 2000 Acts, ch 1232, §73; 2011 Acts, ch 25, §143
Referred to in §455B.176A
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.194 - Credible data required.

455B.194 Credible data required.
1. The department shall use credible data when doing any of the following:
a. Developing and reviewing any water quality standard.
b. Developing any statewide water quality inventory or other water assessment report.
c. Determining whether any water of the state is to be placed on or removed from any section 303(d) list.
d. Determining whether any water of the state is supporting its designated use or other classification.
e. Determining any degradation of a water of the state under
40 C.F.R. §131.12
.
f. Establishing a total maximum daily load for any water of the state.
2. Notwithstanding subsection 1, credible data shall not be required for any section 305(b) report and credible data shall not be required for the establishment of a designated use or other classification of a water of the state.
3. This section shall not be construed to require credible data as defined in section 455B.171, subsection 4, in order for the department to bring an enforcement action for an illegal discharge.
2000 Acts, ch 1068, §11
Referred to in §16.134, 455B.171, 455B.195
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.196 - National pollutant discharge elimination system permit fund.

455B.196 National pollutant discharge elimination system permit fund.
1. A national pollutant discharge elimination system permit fund is created as a separate fund in the state treasury under the control of the department. The fund is composed of moneys appropriated to the department for deposit into the fund and moneys available to and obtained or accepted by the department from the United States or private sources for placement in the fund. The fund shall include moneys deposited into the fund from fees charged for the processing of applications for the issuance of permits related to the national pollutant discharge elimination system as provided in section 455B.197.
2. Moneys in the national pollutant discharge elimination system permit fund are appropriated to the department each fiscal year for purposes of administering section 455B.197 and expediting the department’s processing of national pollutant discharge elimination system applications and the issuance of permits, including for salaries, support, maintenance, and other costs of administering section 455B.197.
3. Section 8.33 shall not apply to moneys credited to the national pollutant discharge elimination system permit fund. Notwithstanding section 12C.7, moneys earned as income or interest from the fund shall remain in the fund until expended as provided in this section.
2006 Acts, ch 1178, §24; 2009 Acts, ch 175, §20
Referred to in §455B.197
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.198 - Wastewater discharge from well drilling sites — rules.

455B.198 Wastewater discharge from well drilling sites — rules.
1. The commission shall adopt rules pursuant to chapter 17A to regulate the discharge of wastewater from water well drilling sites. The rules shall incorporate the following considerations:
a. The size of the well as measured by the flow of water in gallons per minute.
b. The best management practices to address wastewater discharge.
c. Requirements for notification to the department prior to the commencement of drilling operations.
d. Requirements for retention of records for a well.
e. Reasonable and appropriate limitations on wastewater discharge that take into consideration the need for the well.
f. Reasonable and appropriate limitations on wastewater discharge that take into consideration the need to conserve soil and protect water quality.
2. The commission shall have the authority in the rules to provide for the issuance of a general permit and to establish a fee sufficient to recover the costs of issuing a general permit, which shall not exceed fifty dollars. The fees shall be remitted to the department and shall be used by the department to administer the permitting requirements of this section.
3. The commission shall convene an advisory committee that includes representatives of the Iowa water well association to assist in the development of the rules.
2008 Acts, ch 1165, §1; 2015 Acts, ch 30, §132, 133
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.199A - Prioritization of municipal water quality improvement projects.

455B.199A Prioritization of municipal water quality improvement projects.
1. The department may allow schedules of compliance to be included in permits whenever authorized by federal law or regulations. Such schedules shall be established to maximize benefits and minimize local financial impact while improving water quality, where such opportunities arise. If information is provided showing that the anticipated costs of compliance with a schedule have no reasonable relationship to environmental or public health needs or benefits, or may result in other detrimental environmental impacts, such as significant greenhouse gas emissions, the projects may be deferred, in whole or in part as determined appropriate by the department, and a variance granted, as consistent with applicable federal law or regulations.
2. Unless otherwise restricted by federal law or regulations, the department may allow compliance schedules of up to thirty years in national pollutant discharge elimination system permits, particularly where the costs of compliance with federal program mandates will adversely impact the construction of other necessary local capital improvement projects. If the department determines an existing condition constitutes a significant public health or environmental threat, the schedule of compliance shall be based on the shortest practicable time frame for remedying the condition.
2009 Acts, ch 72, §9
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.199C - Alternative wastewater treatment technologies — legislative intent and purpose.

455B.199C Alternative wastewater treatment technologies — legislative intent and purpose.
1. The intent of the general assembly is to address the rising costs of water and wastewater treatment compliance for regulated entities and affected communities by authorizing the use of alternative treatment technologies. The purpose of this section is to eliminate regulatory barriers that limit or prevent the use of new or innovative technologies.
2. The department shall produce and publish design guidance documents for alternative wastewater treatment technologies. The guidance documents shall be intended to encourage regulated entities to use such technologies and to assist design engineers with the submission of projects employing alternative wastewater treatment technologies that can be readily approved by the department.
3. In writing design guidance documents for alternative wastewater treatment technologies the department shall review all of the following:
a. The on-site sewage design and reference manual published by the department of natural resources.
b. The guidance manual for the management of on-site and decentralized wastewater systems published by the United States environmental protection agency.
c. Other credible sources of information on the design, operation, and performance of alternative wastewater treatment technologies.
2009 Acts, ch 72, §11
Referred to in §16.134
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.199D - At-risk utility systems.

455B.199D At-risk utility systems.
1. For purposes of this section,“at-risk system” means a city drinking water, sanitary sewage, or storm water drainage system that the city determines meets any of the following criteria:
a. The system serves a disadvantaged community as described in section 455B.199B.
b. The system includes a water treatment plant, water distribution system, or wastewater treatment plant that has not been operated by a competent operator pursuant to section 455B.223 within the previous twelve months.
c. The system violated one or more state or federal statutory or regulatory requirements in a manner that affects the safety, adequacy, or efficiency of its services or facilities.
2. A new owner of an at-risk system following disposal of the system by sale pursuant to section 388.2A may provide to the department proof of the availability of financial resources to meet system upgrade requirements and a revised timetable for compliance with department rules. The department shall agree to the revised timetable if the department determines the revised timetable is reasonable based on the information provided by the new owner.
2020 Acts, ch 1095, §1
Referred to in §476.84
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.211 - Definitions.

455B.211 Definitions.
When used in this part 2 of subchapter III, unless the context otherwise requires:
1. “Certificate” means the certificate of competence issued by the director stating that the operator has met the requirements for the specified operator classification of the certification program.
2. “Operator” means a person who has direct responsibility for the operation of a water treatment plant, water distribution system, or waste water treatment plant.
3. “Waste water treatment plant” means the facility or group of units used for the treatment of waste water from public sewer systems and for the reduction and handling of solids removed from such wastes.
4. “Water distribution system” means that portion of the water supply system in which water is conveyed from the water treatment plant or other supply point to the premises of the consumer.
5. “Water supply system” means the system of pipes, structures, and facilities through which a public water supply is obtained, treated and sold or distributed for human consumption or household use.
6. “Water treatment plant” means that portion of the water supply system which in some way alters the physical, chemical, or bacteriological quality of the water.
[C66, 71, §136A.1; C73, 75, 77, 79, 81, §455B.50]
C83, §455B.211
86 Acts, ch 1245, §1890; 2021 Acts, ch 76, §150
Referred to in §272C.1
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.212 - Director’s duties.

455B.212 Director’s duties.
The director shall classify all water treatment plants, water distribution systems, and waste water treatment plants affecting the public welfare with regard to the size, type, character of water and waste water to be treated and other physical conditions affecting such treatment plants and distribution systems, and according to the skill, knowledge, and experience that an operator must have to supervise the operation of the facilities to protect the public health and prevent pollution. The director may appoint advisory committees to advise the department in carrying out the requirements of this part.
[C66, 71, §136A.2; C73, 75, 77, 79, 81, §455B.51]
C83, §455B.212
86 Acts, ch 1245, §1891, 1899
Referred to in §272C.1
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.213 - Certification of operators.

455B.213 Certification of operators.
1. By director. The director shall certify persons as to their qualifications to supervise the operation of treatment plants and water distribution systems after considering the recommendations of the commission.
2. Applications. Applications for certification shall be on forms prescribed and furnished by the department and shall not contain a recent photograph of the applicant. An applicant is not ineligible for certification because of age, citizenship, sex, race, religion, marital status, or national origin although the application may require citizenship information. The director may consider the past felony record of an applicant only if the felony conviction relates directly to the practice of operation of waterworks or wastewater works. Character references may be required, but shall not be obtained from certificate holders.
3. Disclosure of confidential information. An employee of the department shall not disclose information relating to the following:
a. Criminal history or prior misconduct of the applicant.
b. Information relating to the contents of the examination to persons other than members of a board of certification of another state or their employees or an employee of the department.
c. Information relating to the examination results other than final scores except for information about the results of an examination which is given to the person who took the examination.
4. Violation.
a. An employee of the department who willfully communicates or seeks to communicate such information, and a person who willfully requests, obtains, or seeks to obtain such information, is guilty of a simple misdemeanor.
b. A member of the commission who willfully communicates or seeks to communicate such information, and any person who willfully requests, obtains, or seeks to obtain such information, is guilty of a public offense which is punishable by a fine not exceeding one hundred dollars or by imprisonment in the county jail for not more than thirty days.
[C66, 71, §136A.3; C73, 75, 77, 79, 81, §455B.52]
C83, §455B.213
86 Acts, ch 1245, §1892, 1899; 88 Acts, ch 1134, §85; 2011 Acts, ch 25, §103
Referred to in §272C.1
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.216 - Examinations.

455B.216 Examinations.
The director shall hold at least one examination each year for the purpose of examining candidates for certification at a time and place designated by the director. Any written examination may be given by the department. All examinations in theory shall be in writing and the identity of the person taking the examination shall be concealed until after the examination papers have been graded. For examinations in practice, the identity of the person taking the examination shall also be concealed as far as possible. Those applicants whose competency is acceptable shall be recommended for certification. Applicants who fail the examination shall be allowed to take the examination at the next scheduled time. Thereafter, the applicant shall be allowed to take the examination at the discretion of the director. An applicant who has failed the examination may request in writing information from the department concerning the applicant’s examination grade and subject areas or questions which the applicant failed to answer correctly, except that if the director administers a uniform, standardized examination, the director is only required to provide the examination grade and the other information concerning the applicant’s examination results which is available to the department.
[C66, 71, §136A.7; C73, 75, 77, 79, 81, §455B.56]
C83, §455B.216
86 Acts, ch 1245, §1893; 2016 Acts, ch 1073, §124
Referred to in §272C.1
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.217 - Operator’s certificate.

455B.217 Operator’s certificate.
When the director is satisfied that an applicant is qualified by examination or otherwise, the director shall issue a certificate attesting to the competency of the applicant as an operator. The certificate shall indicate the classification of works which the operator is qualified to supervise.
[C66, 71, §136A.9; C73, 75, 77, 79, 81, §455B.57]
C83, §455B.217
86 Acts, ch 1245, §1894
Referred to in §272C.1