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Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IV - Wastewater Treatment and Disposal › Chapter 61 - Water Quality Standards › Rule 567-61.12 - Use of Volunteer Monitoring Data

Current through Register Vol. 47, No. 3, July 24, 2024
Data produced under an approved water quality monitoring plan
				  will be considered credible data for the purposes listed in Iowa Code section
				  455B. 194 if the following conditions are met.
(1)
Data submittal.
A
				qualified volunteer monitor or qualified volunteer monitoring group must
				specifically request that data produced under an approved volunteer monitoring
				plan be considered credible data. A letter identifying the specific data must
				be submitted along with a certification from the volunteer or the person in
				responsible charge for volunteer groups that the data, to the best of the
				volunteer's or responsible person's knowledge, was produced in accordance with
				the approved volunteer monitoring plan. The department shall provide a standard
				format on the IOWATER Web site for submittal of qualified volunteer data and
				related information. The department encourages volunteers to enter monitoring
				data on the IOWATER volunteer monitoring database maintained by the department,
				but doing so does not constitute submittal to or acceptance of the data by the
				department for uses requiring credible data. Volunteer data shall be labeled as
				such in any departmental reports, Web sites, or databases.
(2)
Department review of submitted
				data.
The department must review and approve the submitted data. The
				person submitting the data will be informed of the department's decision either
				to accept or reject the data. The department will attempt to resolve any
				apparent inconsistencies or questionable values in the submitted data prior to
				making a final decision.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IV - Wastewater Treatment and Disposal › Chapter 61 - Water Quality Standards › Rule 567-61.13 - Department Audits of Volunteer Monitoring Activities

Current through Register Vol. 47, No. 3, July 24, 2024
The department shall conduct field audits of a statistically
				  valid and representative sample of volunteer data collection and analysis
				  procedures to ensure compliance with an approved plan and may conduct
				  confirmatory monitoring tests. Volunteers shall be informed of any audit
				  results and be provided with an opportunity to address any concerns to the
				  extent possible. The department reserves the right to rescind approval of an
				  approved plan if it finds substantial problems that cannot be addressed in a
				  timely manner to ensure the quality of the data being
				  produced.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IV - Wastewater Treatment and Disposal › Chapter 62 - Effluent and Pretreatment Standards: Other Effluent Limitations or Prohibitions › Rule 567-62.2 - Exemption of Adoption of Certain Federal Rules From Public Participation

Current through Register Vol. 47, No. 3, July 24, 2024
Iowa Code section
				  17A4(2).
				  allows an agency to exempt a "very narrowly tailored category of rules" from
				  the notice and public participation requirements of Iowa Code section
				  17A4(1).
				  if the agency for good cause finds that notice and public participation is
				  "unnecessary." The commission finds good cause for exempting from the notice
				  and public participation requirements of Iowa Code section
				  17A4(1).
				  the adoption by reference of the following federal standards and guidelines and
				  amendments thereto: An effluent limitation guideline promulgated pursuant to
				  Sections 301 and 304 of the Act; a standard of performance for a new source
				  promulgated pursuant to Section 306 of the Act; a toxic effluent standard
				  promulgated pursuant to Section 307(a) of the Act; a pretreatment standard for
				  an existing source promulgated pursuant to Section 307(b) of the Act; a
				  pretreatment standard for a new source promulgated pursuant to Section 307(c)
				  of the Act; and information on the level of effluent quality attainable through
				  the application of secondary treatment promulgated pursuant to Section 304(d)
				  of the Act.
Public participation would be unnecessary since the
				  commission must adopt effluent and pretreatment standards at least as stringent
				  as the enumerated promulgated federal standards in order to have the
				  department's NPDES program approved by the administrator (Section 402(c) of the
				  Act), and yet must not adopt an effluent or pretreatment standard that is more
				  stringent than the enumerated promulgated federal standards (Iowa Code section
				  455B173(3).). Any such
				  rule adopted by reference would be effective 35 days after filing, indexing,
				  and publication in the Iowa Administrative Code.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IV - Wastewater Treatment and Disposal › Chapter 62 - Effluent and Pretreatment Standards: Other Effluent Limitations or Prohibitions › Rule 567-62.3 - Secondary Treatment Information: Effluent Standards for Publicly Owned Treatment Works and Semipublic Sewage Disposal Systems

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
The following
				paragraphs describe the minimum level of effluent quality attainable by
				secondary treatment in terms of the pollutant measurements carbonaceous
				biochemical oxygen demand (CBOD5), the five-day measure
				of the pollutant parameter carbonaceous biochemical oxygen demand; suspended
				solids (SS), the pollutant parameter total suspended solids; and pH, the
				measure of the relative acidity or alkalinity. The pollutant measurement
				carbonaceous biochemical oxygen demand is used in lieu of the pollutant
				measurement five-day biochemical oxygen demand (BOD5),
				as noted in
				40 CFR
				133102.. All requirements for each pollutant
				measurement shall be achieved by publicly owned treatment works and semipublic
				sewage disposal systems except as provided for in subrules 62.3(2) and 62.3(3).
Effluent limitations on pollutants other than carbonaceous
				  biochemical oxygen demand (five day), suspended solids and pH may be imposed in
				  the NPDES permit. Such limitations will reflect pretreatment requirements that
				  may be imposed on users of the treatment works.
a. Carbonaceous biochemical oxygen demand (5
				day) - CBOD5.
(1) The
				30-day average shall not exceed 25 mg/1.
(2) The 7-day average shall not exceed 40
				mg/1.
(3) The 30-day average
				percent removal shall not be less than 85 percent, and the percent removal
				shall be ca1culated by adding 5 units to the effluent
				CBOD5monitoring data and comparing that value to the
				influent BOD5monitoring data. Site-specific information
				on the relationship between BOD5and CBOD5 shall be used
				in lieu of the 5-unit relationship if such information is available.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IV - Wastewater Treatment and Disposal › Chapter 62 - Effluent and Pretreatment Standards: Other Effluent Limitations or Prohibitions › Rule 567-62.5 - Federal Toxic Effluent Standards

Current through Register Vol. 47, No. 3, July 24, 2024
The following is adopted by reference: 40 CFR Part
				  129.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IV - Wastewater Treatment and Disposal › Chapter 62 - Effluent and Pretreatment Standards: Other Effluent Limitations or Prohibitions › Rule 567-62.6 - Effluent Limitations and Pretreatment Requirements for Sources for Which There Are No Federal Effluent or Pretreatment Standards

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Definitions.
As used in
				this rule:
a.
"Average "
means the sum of the total daily discharges by weight, volume or concentration
				during the reporting period (as specified in the operation permit) divided by
				the total number of days during the reporting period when the facility was in
				operation. With respect to the monitoring requirements, the "daily average"
				discharge shall be determined by the summation of all the measured daily
				discharges by weight, volume or concentration divided by the number of days
				during the reporting period when the measurements were made.
b.
"Maximum "
means the
				total discharge by weight, volume or concentration which cannot be exceeded
				during a 24-hour period.
c.
"Best engineering judgment"
means a judgment that considers
				any or all of the following:
(1) Known
				state-of-the-art (i.e., demonstrated treatment that is being done or can be
				done);
(2) Published technical
				articles and research results;
(3)
				Engineering reference books;
(4)
				Consultation with acknowledged experts in the field;
(5) Availability of equipment;
(6) Known or suspected toxicity of the
				pollutants;
(7) Safety, welfare and
				aesthetic effects on persons who may come in contact with the discharge;
				and
(8) Standards and rules of
				other regulatory agencies and states.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IV - Wastewater Treatment and Disposal › Chapter 62 - Effluent and Pretreatment Standards: Other Effluent Limitations or Prohibitions › Rule 567-62.7 - Effluent Limitations Less Stringent Than the Effluent Limitation Guidelines

Current through Register Vol. 47, No. 3, July 24, 2024
An effluent limitation less stringent than the effluent
				  limitation guideline (adopted by reference in
				  567-624.
				  (455B)) representing the degree of effluent reduction achievable by
				  application of the best practicable control technology currently available may
				  be allowed in an NPDES permit if the factors relating to the equipment or
				  facilities involved, the process applied, or other such factors related to the
				  discharger are fundamentally different from the factors considered by the
				  administrator in the establishment of the guidelines. An individual discharger
				  or other interested person may submit evidence concerning such factors to the
				  director. On the basis of such evidence or other available information and in
				  accordance with
				  40 CFR
				  12531., the director will make a written
				  finding that such factors are or are not fundamentally different from the
				  facility compared to those specified in the development document. Any such less
				  stringent effluent limitations must, as a condition precedent, be approved by
				  the administrator.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IV - Wastewater Treatment and Disposal › Chapter 62 - Effluent and Pretreatment Standards: Other Effluent Limitations or Prohibitions › Rule 567-62.9 - Disposal of Pollutants Into Wells

Current through Register Vol. 47, No. 3, July 24, 2024
Commencing September 1, 1977, there shall be no disposal of a
				  pollutant other than heat into wells within Iowa. Any disposal of heat shall be
				  sufficiently controlled to protect the public health and welfare and to prevent
				  pollution of ground and surface water resources. In reviewing any permits
				  proposed to be issued for the disposal into wells, the director shall consider,
				  among other things, any policies, technical information, or requirements
				  specified by the administrator in regulations issued pursuant to the Act or in
				  directives issued to EPA regional offices.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IV - Wastewater Treatment and Disposal › Chapter 62 - Effluent and Pretreatment Standards: Other Effluent Limitations or Prohibitions › Rule 567-62.10 - Effluent Reuse

Current through Register Vol. 47, No. 3, July 24, 2024
Treated final effluent may be reused in a manner noted in
				  62.10(1) or as specified in the NPDES permit.
(1) Reuse for golf course irrigation. Treated
				final effluent may be reused for golf course irrigation if the conditions
				described in
"a "
and
"b "
are met.
a. The treated final effluent must meet one
				of the following conditions:
(1) A minimum
				total residual chlorine level of 0.5 mg/l must be maintained at a minimum of 15
				minutes contact time of chlorine to wastewater prior to the irrigation of the
				golf course with treatment plant effluent; or
(2) Disinfected effluent shall be held in a
				retention pond with a detention time of at least 20 days prior to reuse as
				irrigation on a golf course. For this purpose, effluent may be disinfected
				using any common treatment technology, and either an existing pond or a pond
				constructed specifically for effluent retention may be used.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IV - Wastewater Treatment and Disposal › Chapter 63 - Monitoring, Analytical and Reporting Requirements › Rule 567-63.1 - Guidelines Establishing Test Procedures for the Analysis of Pollutants

Current through Register Vol. 47, No. 3, July 24, 2024
Only the procedures prescribed in this chapter shall be used
				  to perform the measurements indicated in an application for an operation permit
				  submitted to the department, a report required to be submitted by the terms of
				  an operation permit, and a certification issued by the department pursuant to
				  Section 401 of the Act.
(1)
				Identification of test procedures, application for alternative test procedures,
				and method modifications.
a. The following is
				adopted by reference: 40 CFR Part 136 (Guidelines Establishing Test Procedures
				for the Analysis of Pollutants), as amended through August 28, 2017.
b. All parameters for which testing is
				required by a wastewater discharge permit, permit application, or
				administrative order, except operational performance testing, must be analyzed
				using one of the following:
(1) An approved
				method specified in
				40 CFR Section
				136.3;
(2) An alternative method that has been
				previously approved pursuant to
				40
				CFR Section 136.4 or
				136.5;
				or
(3) A method identified by the
				department, when no approved method is specified for the parameter in 40 CFR
				Part 136 .
Samples collected for operational testing pursuant to 63.3(4)
				  need not be analyzed by approved analytical methods; however, commonly accepted
				  test methods should be used.
c. Applications for alternative test
				procedures shall follow the requirements of
				40
				CFR Section 136.4 or
				136.5.
d. Method modifications shall follow the
				requirements of
				40 CFR Section
				136.6.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IV - Wastewater Treatment and Disposal › Chapter 63 - Monitoring, Analytical and Reporting Requirements › Rule 567-63.2 - Records of Monitoring Activities and Results

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The permittee shall maintain records of
				all information resulting from any monitoring activities required in its
				operation permit and from any operational performance monitoring.
(2) Any records of monitoring activities and
				results shall include for all samples:
a. The
				date, exact place and time of sampling.
b. The dates analyses were
				performed.
c. Who performed the
				analyses.
d. The analytical
				techniques or methods used, and
e.
				The results of such analyses.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IV - Wastewater Treatment and Disposal › Chapter 63 - Monitoring, Analytical and Reporting Requirements › Rule 567-63.5 - Self-monitoring and Reporting for Animal Feeding Operations

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The following self-monitoring
				requirements may be imposed on an animal-feeding operation in any operation
				permit issued for such an operation.
a.
				Measurement of liquid level in a waste storage facility on a periodic
				basis.
b. Measurement of daily
				precipitation, as appropriate.
c.
				Sampling and analysis of groundwater as necessary to determine effects of
				wastewater application.
d. Other
				measurements necessary to evaluate the adequacy of a waste disposal
				system.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IV - Wastewater Treatment and Disposal › Chapter 63 - Monitoring, Analytical and Reporting Requirements › Rule 567-63.6 - Bypasses and Upsets

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Prohibition.
Bypasses from any portion of a treatment facility
				or from a sanitary sewer collection system designed to carry only sewage are
				prohibited. The department may not assess a civil penalty against a permittee
				for a bypass if the permittee has complied with all of the following:
a. The bypass was unavoidable to prevent loss
				of life, personal injury, or severe property damage;
b. There were no feasible alternatives to the
				bypass, such as the use of auxiliary treatment facilities, retention of
				untreated wastes, or maintenance during normal periods of equipment downtime.
				This condition is not satisfied if adequate backup equipment should have been
				installed in the exercise of reasonable engineering judgment to prevent a
				bypass which occurred during normal periods of equipment downtime or preventive
				maintenance; and
c. The permittee
				submitted the information required in 63.6(2), 63.6(3), and 63.6(5).
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IV - Wastewater Treatment and Disposal › Chapter 63 - Monitoring, Analytical and Reporting Requirements › Rule 567-63.7 - Submission of Records of Operation

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Electronic reporting.
Except as provided in this rule and subrules 63.3(4) and 63.5(2), records of
				operation required by NPDES permits shall be submitted electronically to the
				department within 15 days following the close of the reporting period specified
				in 567-63.8 (455B) and in
				accordance with monitoring requirements derived from this chapter and
				incorporated in the NPDES permit. Records of operation required by operation
				permits shall be submitted to the department within 15 days following the close
				of the reporting period specified in
				567-63.8 (455B) and in
				accordance with monitoring requirements derived from this chapter and
				incorporated in the operation permit.
(2)
Temporary or permanent paper
				submittal of records of operation.
Upon satisfaction of the following
				criteria and written approval from the department, temporary or permanent paper
				submittal of records of operation may be allowed in lieu of electronic
				reporting.
a.
Written request for
				paper submittal.
(1) To obtain an
				approval for temporary or permanent paper submittal of records of operation, a
				permittee must submit a paper copy of a written request to the NPDES Section,
				Iowa Department of Natural Resources, 502 East Ninth Street, Des Moines, Iowa
				50319. The written request for paper submittal must include the following:
1. Facility name;
2. Individual NPDES permit number or general
				permit authorization number;
3.
				Facility address;
4. Owner name and
				contact information;
5. Name and
				contact information of the person submitting records of operation (if different
				than the owner); and
6. Reason for
				the request, including a justification of why electronic submission is not
				feasible at this time.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IV - Wastewater Treatment and Disposal › Chapter 63 - Monitoring, Analytical and Reporting Requirements › Rule 567-63.8 - Frequency of Submitting Records of Operation

Current through Register Vol. 47, No. 3, July 24, 2024
Except as provided in subrules 63.3(4) and 63.5(2), or as
				  specified in an NPDES general permit issued in accordance with
				  567-64.4 (455B), records of
				  operation required by these rules shall be submitted at monthly intervals. The
				  department may vary the interval at which records of operation shall be
				  submitted in certain cases. Variation from the monthly interval shall be made
				  only under such conditions as the department may prescribe in writing to the
				  person concerned.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IV - Wastewater Treatment and Disposal › Chapter 63 - Monitoring, Analytical and Reporting Requirements › Rule 567-63.9 - Content of Records of Operation

Current through Register Vol. 47, No. 3, July 24, 2024
Records of operation shall include the results of all
				  monitoring specified in or authorized by this chapter and incorporated in the
				  operation permit. The results of any monitoring not specified in the operation
				  permit performed at the compliance monitoring point and analyzed according to
				  40 CFR Part 136 shall be included in the calculation and reporting of any data
				  submitted in accordance with this chapter and the operation
				  permit.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IV - Wastewater Treatment and Disposal › Chapter 63 - Monitoring, Analytical and Reporting Requirements › Rule 567-63.10 - Records of Operation Forms

Current through Register Vol. 47, No. 3, July 24, 2024
Records of operation forms shall be those provided by the
				  department unless a permittee has obtained approval from the department to use
				  an alternative reporting form.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IV - Wastewater Treatment and Disposal › Chapter 63 - Monitoring, Analytical and Reporting Requirements › Rule 567-63.11 - Certification and Signatory Requirements in the Submission of Records of Operation

Current through Register Vol. 47, No. 3, July 24, 2024
All records of operation as required by these rules shall
				  include certification which attests that all information contained therein is
				  representative and accurate. Each record of operation shall contain the
				  signature of a duly authorized representative of the corporation, partnership
				  or sole proprietorship, municipality, or public facility which has
				  proprietorship of the wastewater treatment or disposal system as specified in
				  567-subrule 64.3(8). For electronic submissions of records of operation, a
				  signed paper copy of the record that was submitted electronically must be
				  maintained at the facility for a minimum of three years.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IV - Wastewater Treatment and Disposal › Chapter 63 - Monitoring, Analytical and Reporting Requirements › Rule 567-63.12 - Twenty-four-hour Reporting

Current through Register Vol. 47, No. 3, July 24, 2024
All permittees shall report any permit noncompliance that may
				  endanger human health or the environment including, but not limited to,
				  violations of maximum daily limits for any toxic pollutant (listed as toxic
				  under 307(a)(1) of the Act) or hazardous substance (as designated in 40 CFR
				  Part 116 pursuant to 311 of the Act). Information shall be provided orally to
				  the appropriate regional field office of the department within 24 hours from
				  the time the permittee becomes aware of the circumstances. In addition, a
				  written submission that includes a description of noncompliance and its cause;
				  the period of noncompliance including exact dates and times; whether the
				  noncompliance has been corrected or the anticipated time it is expected to
				  continue; and the steps taken or planned to reduce, eliminate, and prevent a
				  reoccurrence of the noncompliance must be provided to the regional field office
				  within 5 days of the occurrence.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IV - Wastewater Treatment and Disposal › Chapter 63 - Monitoring, Analytical and Reporting Requirements › Rule 567-63.13 - Planned Changes

Current through Register Vol. 47, No. 3, July 24, 2024
The permittee shall give notice to the appropriate regional
				  field office of the department 30 days prior to any planned physical
				  alterations or additions to the permitted facility. Notice is required only
				  when:
1. Notice has not been given to
				any other section of the department;
2. The alteration or addition to a permitted
				facility may meet one of the criteria for determining whether a facility is a
				new source as defined in
				567-602.
				(455B);
3. The alteration or
				addition results in a significant change in the permittee's sludge use or
				disposal practices; or
4. The
				alteration or addition could significantly change the nature or increase the
				quantity of pollutants discharged. This notification applies to pollutants that
				are not subject to effluent limitations in the permit.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IV - Wastewater Treatment and Disposal › Chapter 63 - Monitoring, Analytical and Reporting Requirements › Rule 567-63.14 - Anticipated Noncompliance

Current through Register Vol. 47, No. 3, July 24, 2024
The permittee shall give notice to the appropriate regional
				  field office of the department of any activity which may result in
				  noncompliance with permit requirements. Notice is required only when previous
				  notice has not been given to any other section of the
				  department.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IV - Wastewater Treatment and Disposal › Chapter 63 - Monitoring, Analytical and Reporting Requirements › Rule 567-63.15 - Other Noncompliance

Current through Register Vol. 47, No. 3, July 24, 2024
The permittee shall provide a written description of all
				  instances of noncompliance not reported under rule
				  567-6312.
				  (455B) or 567-paragraph 64.7(4)
"c"
at the time discharge
				  monitoring reports (DMRs) are submitted. The written description shall contain
				  the information listed in rule
				  567-6312.
				  (455B).
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IV - Wastewater Treatment and Disposal › Chapter 63 - Monitoring, Analytical and Reporting Requirements › Rule 567-63.16 - Sampling Procedures for Monitoring Wells

Current through Register Vol. 47, No. 3, July 24, 2024
The following steps shall be taken prior to monitoring well
				  sampling.
(1) Measure depth from top of
				well head casing to water table.
(2) Calculate quantity of water to be flushed
				from well using the formula:
Gallons to be pumped = 0.221 d(squared)h, where:
d = well diameter in inches
h = depth in feet of standing water in well prior to
				  pumping
(3) Pump
				well.
(4) Measure depth from well
				head casing to water table after pumping.
(5) Wait for well to recharge to or near
				static water level prior to sampling.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IV - Wastewater Treatment and Disposal › Chapter 64 - Wastewater Construction and Operation Permits › Rule 567-64.2 - Permit to Construct

Current through Register Vol. 47, No. 3, July 24, 2024
(1) No
				person shall construct, install or modify any wastewater disposal system or
				part thereof or extension or addition thereto without, or contrary to any
				condition of, a construction permit issued by the director or by a local public
				works department authorized to issue such permits under 567-Chapter 9, nor
				shall any connection to a sewer extension in violation of any special
				limitation specified in a construction permit pursuant to 64.2(10) be allowed
				by any person subject to the conditions of the permit.
(2) The site for each new wastewater
				treatment plant or expansion or upgrading of existing facilities must be
				inspected and approved by the department prior to submission of plans and
				specifications. Applications must be submitted in accordance with
				567-60.4 (455B).
(3) Site approval under 64.2(2) shall be
				based on the criteria contained in the Ten States Standards, design manuals
				published by the department, applicable federal guidelines and standards,
				standard textbooks, current technical literature and applicable safety
				standards. To the extent that separation distances of this subrule conflict
				with the separation distances of Iowa Code section
				455B.134(3)
"f,"
the greater distance shall prevail. The
				following separation distances from a treatment works shall apply unless a
				separation distance exception is provided in the "Iowa Wastewater Facilities
				Design Standards." The separation distance from lagoons shall be measured from
				the water surface.
a. 1000 feet from the
				nearest inhabitable residence, commercial building, or other inhabitable
				structure. If the inhabitable or commercial building is the property of the
				owner of the proposed treatment facility, or there is written agreement with
				the owner of the building, the separation criteria shall not apply. Any such
				written agreement shall be filed with the county recorder and recorded for
				abstract of title purposes, and a copy submitted to the department.
b. 1000 feet from public shallow
				wells.
c. 400 feet from public deep
				wells.
d. 400 feet from private
				wells.
e. 400 feet from lakes and
				public impoundments.
f. 25 feet
				from property lines and rights-of-way.
When the above separation distances cannot be maintained for
				  the expansion, upgrading or replacement of existing facilities, the separation
				  distances shall be maintained at no less than 90 percent of the existing
				  separation distance on the site, providing no data is available indicating that
				  a problem has existed or will be created.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IV - Wastewater Treatment and Disposal › Chapter 64 - Wastewater Construction and Operation Permits › Rule 567-64.3 - Permit to Operate

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Except as
				otherwise provided in this subrule, in 567-Chapter 65, and in 567-Chapter 69,
				no person shall operate any wastewater disposal system or part thereof without,
				or contrary to any condition of, an operation permit issued by the director. An
				operation permit is not required for the following:
a. A private sewage disposal system which
				does not discharge into, or have the potential to reach, a designated water of
				the state or subsurface drainage tile (Note: private sewage disposal systems
				under this exemption are regulated under 567-Chapter 69).
b. A semipublic sewage disposal system, the
				construction of which has been approved by the department and which does not
				discharge into a water of the state.
c. A pretreatment system, the effluent of
				which is to be discharged directly to another disposal system for final
				treatment and disposal.
d. A
				discharge from a geothermal heat pump which does not reach a navigable
				water.
e. Water well construction
				and well services related discharge that does not reach a water of the United
				States as defined in
				40
				CFR Section 122.2.
f. Discharges from the application of
				biological pesticides and chemical pesticides where the discharge does not
				reach a water of the United States as defined in
				40
				CFR Section 122.2.
g. Agricultural storm water discharges. This
				exclusion applies only to the operation permit requirement set forth in this
				rule and does not alter other requirements of law, including but not limited to
				any applicable requirements of Iowa Code chapters 459 and 459A.
h. Dewatering discharge from the
				installation, repair, or maintenance of agricultural drainage systems that does
				not reach a water of the state. This activity is not considered operation of a
				wastewater disposal system.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IV - Wastewater Treatment and Disposal › Chapter 64 - Wastewater Construction and Operation Permits › Rule 567-64.4 - Issuance of Npdes Permits

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Individual permit.
An individual NPDES permit is required when
				there is a discharge of a pollutant from any point source into navigable
				waters. An NPDES permit is not required for the following:
a. Reserved.
b. Discharges of dredged or fill material
				into navigable waters which are regulated under Section 404 of the
				Act;
c. The introduction of sewage,
				industrial wastes or other pollutants into a POTW by indirect dischargers.
				(This exclusion from requiring an NPDES permit applies only to the actual
				addition of materials into the subsequent treatment works. Plans or agreements
				to make such additions in the future do not relieve dischargers of the
				obligation to apply for and receive permits until the discharges of pollutants
				to navigable waters are actually eliminated. It also should be noted that, in
				all appropriate cases, indirect discharges shall comply with pretreatment
				standards promulgated by the administrator pursuant to Section 307(b) of the
				Act and adopted by reference by the commission);
d. Any discharge in compliance with the
				instruction of an On-Scene Coordinator pursuant to 40 CFR Part 300 (The
				National Oil and Hazardous Substances Pollution Contingency Plan) or 33 CFR
				Section 153.10(e) (Pollution by Oil and Hazardous Substances);
e. Any introduction of pollutants from
				nonpoint source agricultural and silvicultural activities, including storm
				water runoff from orchards, cultivated crops, pastures, range lands, and forest
				lands, except that this exclusion shall not apply to the following:
(1) Discharges from concentrated animal
				feeding operations as defined in
				40
				CFR Section 122.23;
(2) Discharges from concentrated aquatic
				animal production facilities as defined in
				40
				CFR Section 122.24;
(3) Discharges to aquaculture projects as
				defined in
				40
				CFR Section 122.25;
(4) Discharges from silvicultural point
				sources as defined in
				40
				CFR Section 122.27;
f. Return flows from irrigated agriculture;
				and
g. Water transfers, which are
				defined as activities that convey or connect navigable waters without
				subjecting the transferred water to intervening industrial, municipal, or
				commercial use.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IV - Wastewater Treatment and Disposal › Chapter 64 - Wastewater Construction and Operation Permits › Rule 567-64.5 - Notice and Public Participation in the Individual Npdes Permit Process

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Formulation of tentative determination.
The department shall
				make a tentative determination to issue or deny an operation or NPDES permit
				for the discharge described in a permit application in advance of the public
				notice as described in 64.5(2).
a. If the
				tentative determination is to issue an NPDES permit, the department shall
				prepare a permit rationale for each draft permit pursuant to 64.5(3) and a
				draft permit. The draft permit shall include the following:
(1) Effluent limitations identified pursuant
				to 64.7(2) and 64.7(3), for those pollutants proposed to be limited.
(2) If necessary, a proposed schedule of
				compliance, including interim dates and requirements, identified pursuant to
				64.7(4) and 64.7(5), for meeting the effluent limitations and other permit
				requirements.
(3) Any other special
				conditions (other than those required in 64.7(7)) which will have a significant
				impact upon the discharge described in the permit
				application.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IV - Wastewater Treatment and Disposal › Chapter 64 - Wastewater Construction and Operation Permits › Rule 567-64.6 - Completing a Notice of Intent for Coverage Under a General Permit

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Contents of a complete Notice of Intent.
An applicant
				proposing to conduct activities covered by a general permit shall file a
				complete NOI by submitting to the department materials required in paragraphs
"a"
to
"c"
of this subrule, as applicable. An
				NOI is not required for discharges authorized under General Permit No. 6 or No.
				7, for certain discharges under General Permit No. 8, or for certain discharges
				under General Permit No. 9.
a.
Notice
				of Intent (NOI) Form.
Electronic NOI forms provided by the department
				must be completed in full on the department's website. Paper NOI forms, when
				provided, must be completed in full.
b.
General permit fee.
The
				applicable general permit fee according to the schedule in
				567-64.16 (455B) is payable to
				the Iowa Department of Natural Resources.
c.
Public notification.
The
				public notification requirements only apply to General Permits No. 1, No. 2 and
				No. 3.
(1) Applicants for General Permits No.
				1, No. 2 and No. 3 must demonstrate that a public notice was published in at
				least one newspaper with the largest circulation in the area in which the
				facility is located or the activity will occur.
(2) The newspaper notice shall, at the
				minimum, contain the following information:
PUBLIC NOTICE OF STORM WATER DISCHARGE
The (applicant name) plans to submit a Notice of Intent to
				  the Iowa Department of Natural Resources to be covered under NPDES General
				  Permit (select the appropriate general permit-No. 1 "Storm Water Discharge
				  Associated with Industrial Activity", General Permit No. 2 "Storm Water
				  Discharge Associated with Industrial Activity for Construction Activities" or
				  General Permit No. 3 "Storm Water Discharge Associated with Industrial Activity
				  for Asphalt Plants, Concrete Batch Plants, Rock Crushing Plants, and
				  Construction Sand and Gravel Facilities"). The storm water discharge will be
				  from (description of industrial activity) located in (¼ section,
				  township, range, county). Storm water will be discharged from (number) point
				  source(s) and will be discharged to the following streams: (stream
				  name(s)).
Comments may be submitted to the Storm Water Discharge
				  Coordinator, Iowa Department of Natural Resources, 502 East 9th Street, Des
				  Moines, Iowa 50319-0034. The public may review the Notice of Intent from 8 a.m.
				  to 4:30 p.m., Monday through Friday, at the above address after it has been
				  received by the department.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IV - Wastewater Treatment and Disposal › Chapter 64 - Wastewater Construction and Operation Permits › Rule 567-64.8 - Reissuance of Operation and Npdes Permits

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Individual operation and NPDES
				permits.
Individual operation and NPDES permits will be reissued
				according to the procedures identified in 64.8(1)
"a"
to
"c."
a. Any operation or
				NPDES permittee who wishes to continue to discharge after the expiration date
				of the permit shall file an application for reissuance of the permit at least
				180 days prior to the expiration of the permit pursuant to
				567-60.4 (455B). For a POTW,
				permission to submit an application at a later date may be granted by the
				director. In addition, the applicant must submit up-to-date information on the
				permittee's production levels, the permittee's waste treatment practices, or
				the nature, contents, and frequency of the permittee's discharge, as required
				by the permit application.
b. The
				director shall follow the notice and public participation procedures specified
				in 567-64.5(455B) in connection with each request for reissuance of an NPDES
				permit.
c. Notwithstanding any
				other provision in these rules, any new point source the construction of which
				is commenced after the date of enactment of the Federal Water Pollution Control
				Act Amendments of 1972 (October 18, 1972) and which is so constructed as to
				meet all applicable standards of performance for new sources shall not be
				subject to any more stringent standard of performance during a ten-year period
				beginning on the date of completion of such construction or during the period
				of depreciation or amortization of such facility for the purposes of Section
				167 or 169 (or both) of the Internal Revenue Code, as amended through December
				31, 1976, whichever period ends first.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IV - Wastewater Treatment and Disposal › Chapter 64 - Wastewater Construction and Operation Permits › Rule 567-64.9 - Monitoring, Record Keeping and Reporting by Operation Permit Holders

Current through Register Vol. 47, No. 3, July 24, 2024
Operation permit holders are subject to any applicable
				  requirements and provisions specified in the operation permit issued by the
				  department and to the applicable requirements and provisions specified in
				  567-Chapter 63.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IV - Wastewater Treatment and Disposal › Chapter 64 - Wastewater Construction and Operation Permits › Rule 567-64.14 - Transfer of Title and Owner or Operator Address Change

Current through Register Vol. 47, No. 3, July 24, 2024
If title to any disposal system or part thereof for which a
				  permit has been issued under rule
				  567-64.2 (455B),
				  567-64.3 (455B), or
				  567-64.6 (455B) is transferred,
				  the new owner or owners shall be subject to all terms and conditions of the
				  permit. Whenever title to a disposal system or part thereof is changed, the
				  department shall be notified in writing of such change within 30 days of the
				  occurrence. When a discharge is covered by a general permit, the operator of
				  record shall be subject to all terms and conditions of the permit. No transfer
				  of the authorization to discharge from the facility represented by the permit
				  shall take place prior to notification of the department of the transfer of
				  title. Whenever the address of the owner is changed, the department shall be
				  notified in writing within 30 days of the address change.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IV - Wastewater Treatment and Disposal › Chapter 64 - Wastewater Construction and Operation Permits › Rule 567-64.15 - General Permits Issued by the Department

Current through Register Vol. 47, No. 3, July 24, 2024
The following is a list of general permits adopted by the
				  department through the Administrative Procedure Act, Iowa Code chapter 17A, and
				  the term of each permit.
(1) Storm
				Water Discharge Associated with Industrial Activity, NPDES General Permit No.
				1, effective March 1, 2018, to February 28, 2023. Facilities assigned Standard
				Industrial Classification 1442, 2951, or 3273, and those facilities assigned
				Standard Industrial Classification 1422 or 1423 which are engaged primarily in
				rock crushing are not eligible for coverage under General Permit No.
				1.
(2) Storm Water Discharge
				Associated with Industrial Activity for Construction Activities, NPDES General
				Permit No. 2, effective March 1, 2018, to February 28, 2023.
(3) Storm Water Discharge Associated with
				Industrial Activity from Asphalt Plants, Concrete Batch Plants, Rock Crushing
				Plants, and Construction Sand and Gravel Facilities, NPDES General Permit No.
				3, effective March 1, 2018, to February 28, 2023. General Permit No. 3
				authorizes storm water discharges from facilities primarily engaged in
				manufacturing asphalt paving mixtures and which are classified under Standard
				Industrial Classification 2951, primarily engaged in manufacturing Portland
				cement concrete and which are classified under Standard Industrial
				Classification 3273, those facilities assigned Standard Industrial
				Classification 1422 or 1423 which are primarily engaged in the crushing,
				grinding or pulverizing of limestone or granite, and construction sand and
				gravel facilities which are classified under Standard Industrial Classification
				1442. General Permit No. 3 does not authorize the discharge of water resulting
				from dewatering activities at rock quarries.
(4) "Discharge from Private Sewage Disposal
				Systems," NPDES General Permit No. 4, effective March 1, 2018, to February 28,
				2023.
(5) "Discharge from Mining
				and Processing Facilities," NPDES General Permit No. 5, effective July 1, 2023,
				to June 30, 2028.
(6) "Discharge
				Associated with Well Construction Activities," NPDES General Permit No. 6,
				effective July 1, 2023, to June 30, 2028.
(7) "Pesticide General Permit (PGP) for Point
				Source Discharges to Waters of the United States from the Application of
				Pesticides," NPDES General Permit No. 7, effective July 1, 2023, to June 30,
				2028.
(8) "Discharge from
				Hydrostatic Testing, Tank Ballasting and Water Lines," NPDES General Permit No.
				8, effective July 1, 2023, to June 30, 2028.
(9) "Discharge from Dewatering and
				Residential Geothermal Systems," NPDES General Permit No. 9, effective July 1,
				2023, to June 30, 2028.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IV - Wastewater Treatment and Disposal › Chapter 64 - Wastewater Construction and Operation Permits › Rule 567-64.17 - Nutrient Reduction Exchange

Current through Register Vol. 47, No. 3, July 24, 2024
The department shall maintain a registry of nonpoint source
				  nutrient reduction practices installed by permittees. Practices listed in the
				  registry may be eligible for future regulatory incentives.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IV - Wastewater Treatment and Disposal › Chapter 64 - Wastewater Construction and Operation Permits › Rule 567-64.18 - Applicability

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter shall apply to all waste disposal systems
				  treating or intending to treat sewage, industrial waste, or other waste except
				  waste resulting from livestock or poultry operations. All livestock and poultry
				  operations constituting animal feeding operations as defined in 567-Chapter 65
				  shall be governed by the requirements contained in Chapter 65. However, the
				  provisions of this chapter concerning NPDES permits which relate to notice and
				  public participation, to the terms and conditions of the permit, to the
				  reissuance of the permit and to monitoring, reporting and record-keeping
				  activities shall apply to animal feeding operations which are required to apply
				  for and obtain an NPDES permit to the extent that such requirements are not
				  inconsistent with 567-Chapter 65.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IV - Wastewater Treatment and Disposal › Chapter 65 - Animal Feeding Operations › Rule 567-65.3 - Cafos and Npdes Permits

Current through Register Vol. 47, No. 3, July 24, 2024
Iowa Code sections
				  459B.306 and
				  459.311(2) 
				  require a confinement feeding operation and Iowa Code section
				  459A.401(2) 
				  requires an open feedlot operation that is a CAFO as defined in
				  40 CFR
				  122.23(b) to comply with
				  applicable NPDES permit requirements pursuant to rules adopted by the
				  commission. The following regulations are adopted by reference:
1.
									40 CFR
				122.21, application for a permit.
2.
									40 CFR
				122.23, CAFOs.
3.
									40 CFR
				122.42(e), additional
				conditions applicable to specified categories of NPDES permits.
4.
									40 CFR
				122.63(h), minor
				modification of permits.
5. 40 CFR
				Part 412, CAFO point source category.