reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Division C › Chapter 52 - Criteria and Conditions for Authorizing Withdrawal, Diversion and Storage of Water › Rule 567-52.3 - Conditions on Withdrawals From Streams

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Streams draining less than 50
				  square miles.
Withdrawals of water from streams draining less than 50
				  square miles shall be subject to the following conditions:
a.
Two hundred gallon per minute (200
				  gpm) restriction.
New withdrawals of water for consumptive uses shall
				  not be in excess of 200 gallons per minute (200 gpm) on an aggregate basis.
				  However, the department may authorize withdrawals in excess of 200 gallons per
				  minute (200 gpm) for storage purposes during high stream flows, taking into
				  account other permitted withdrawals on the stream reach.
b.
Protected flow
				  restriction.
Except as provided in 52.3(1)
"c,"
withdrawals for consumptive uses, with the exception of community public water
				  supplies, shall cease when the stream flow is below the protected flow
				  designated in rule 52.8(455B). When the flow of a stream, or portion thereof
				  designated by the department, is below a flow equal to the protected flow plus
				  the summation of all permitted consumptive withdrawals by permittees whose
				  permits provide for maintenance of a protected flow in such stream or portion
				  thereof, the department may, subject to the provisions of 52.3(1)
"c,
				  "
order temporary cessation or rotation of all consumptive
				  withdrawals, with the exception of community public water supplies, to ensure
				  that the protected flow is preserved.
c.
Replacement water
				  exemption.
Paragraphs 52.3(1)
"a"
and
"b
				  "
shall not apply to withdrawals for consumptive uses from a stream if
				  the permittee discharges replacement water into such stream at rates sufficient
				  to offset the consumptive withdrawals and the department approves the method
				  and location of discharge.
d.
Exemption untilJuly 1, 1991, for certain users.
Rescinded IAB
				  6/7/06, effective 7/12/06.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Division C › Chapter 52 - Criteria and Conditions for Authorizing Withdrawal, Diversion and Storage of Water › Rule 567-52.4 - Conditions on Withdrawals From Groundwater Sources

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Withdrawals from unconfined
				  aquifers adjacent to streams draining less than 50 square miles.
Withdrawals of water from unconfined aquifers adjacent to streams draining less
				  than 50 square miles shall be subject to the following conditions:
a.
Two hundred gallon per minute (200
				  gpm) restriction.
New withdrawals for a consumptive use at any
				  location within % mile (1320 feet) of a stream shall not be in excess of 200
				  gallons per minute (200 gpm), except when the applicant can conclusively
				  demonstrate by conducting appropriate tests that withdrawals in excess of 200
				  gallons per minute (200 gpm) will not reduce the flow of the stream. However,
				  the department may authorize withdrawals in excess of 200 gallons per minute
				  (200 gpm) for storage purposes during high stream flows.
b.
Protected flow
				  restriction.
Except as provided in 52.4(1)
"c"
and
				  52.4(1)
"e,"
withdrawals for consumptive uses, with the
				  exception of community public water supplies, at any point within 1/8 mile (660
				  feet) of a stream shall be considered withdrawals from the stream and shall
				  cease when the stream is below the protected flow designated in rule
				  567-528. (455B), unless the
				  applicant or permittee can conclusively demonstrate by conducting appropriate
				  tests that the withdrawal will not reduce the flow of the stream.
c.
Border stream-interior stream
				  confluence restriction.
Withdrawals for consumptive uses, with the
				  exception of community public water supplies, from the alluvial aquifers below
				  the fioodplains of streams bordering the state at any point within 1/8 mile
				  (660 feet) of any interior stream shall cease when the flow of such interior
				  stream is at or below the seven-day, one-in-ten year (7Q10) low flow, except as
				  provided in 52.4(1) "d."
d.
Other conditions.
Notwithstanding 52.4(1)
"a"
to 52.4(1)
"c,"
other conditions may be imposed that are
				  necessary to ensure adequate protection of water supplies for ordinary
				  household, livestock, and domestic uses, for fish and wildlife, for
				  recreational use, for the preservation and enhancement of aesthetic values, and
				  for other uses of a public nature.
e.
Replacement water
				  exemption.
Paragraphs 52.4(1)"a" to 52.4(1)
"c"
shall
				  not apply to withdrawals for consumptive uses from an unconfined aquifer if the
				  permittee discharges replacement water into such stream or tributary thereto at
				  rates sufficient to offset the consumptive withdrawals and the department
				  approves the method and location of discharge.
f.
Exemption until July 1, 1991, for
				  certain users.
Rescinded IAB 6/7/06, effective
				  7/12/06.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Division C › Chapter 52 - Criteria and Conditions for Authorizing Withdrawal, Diversion and Storage of Water › Rule 567-52.5 - Duration of Permits for Withdrawal or Diversion of Water

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
A permit
				  granted shall remain as an appurtenance of the land described in the permit
				  through the date specified in the permit and any extension of the permit or
				  until an earlier date when the permit or its extension is canceled under
				  567-527.
				  (455B). Upon application for a permit prior to the termination date specified
				  in the permit, a permit may be renewed by the department.
(2)
Permits for withdrawal or
				  diversion of surface water.
Permits for withdrawal or diversion of
				  surface water shall be issued for ten years.
(3)
Permits for withdrawal of
				  groundwater.
Permits for withdrawal of groundwater shall be issued for
				  a maximum period of ten years and may be granted for less than ten years if
				  geological data on the capacity of the aquifer and the rate of its recharge are
				  indeterminate.
This rule is intended to implement Iowa Code section
					 455B.265.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Division C › Chapter 52 - Criteria and Conditions for Authorizing Withdrawal, Diversion and Storage of Water › Rule 567-52.6 - Monitoring, Recording and Reporting of Water Use and Effects on Water Source

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Water use reports.
Each permittee shall submit to the
				  department, at least annually, as prescribed by the department, reports of
				  water used, diverted, or stored and any other information deemed necessary by
				  the department.
(2)
				  Reserved.
(3)
Requirement
				  of access port for measurement of water levels in a regulated well.
All new water permits which authorize withdrawals from wells shall require that
				  each authorized production well be equipped with an access port having a
				  minimum diameter of ¾ inch. The access port must be located to allow
				  insertion of a steel tape or electric probe into the well casing for
				  measurement of water levels.
(4)
Aquifer tests and observation wells.
A permittee may be
				  required to conduct a controlled aquifer test as a condition of keeping a water
				  permit if the department finds an aquifer test to be necessary to determine the
				  effects which the authorized withdrawals have on other water uses. A controlled
				  aquifer test, authorized by the department and supervised by a certified well
				  contractor, licensed professional engineer or other designee of the department,
				  may be required for an administrative resolution of a well interference
				  conflict pursuant to 567-Chapter 54. The permittee may be required to
				  construct, develop, and maintain adequate observation wells for use in an
				  aquifer test and for subsequent water level measurements or water quality
				  monitoring.
This rule is intended to implement Iowa Code sections
					 455B261., 455B.264,
					 455B266.,
					 455B268(1).
					 and
					 455B281..
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Division C › Chapter 52 - Criteria and Conditions for Authorizing Withdrawal, Diversion and Storage of Water › Rule 567-52.7 - Modification, Cancellation, and Emergency Suspension of Permits

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
Except as provided in subrule 52.7(2), after at least
				  30 days' written notice mailed to the permittee's last-known address by
				  certified mail and an opportunity for the permittee to be heard in an
				  evidentiary hearing conducted according to the contested case provisions of
				  Iowa Code chapter 17A, the department may modify or cancel a water permit or
				  any condition of a permit, notwithstanding any other rule, for any of the
				  following:
a.
Breach of permit
				  condition or law.
A condition of the permit has been breached or the
				  law pertaining to the permit has been violated by the permittee or permittee's
				  agent, tenant, or consultant.
b.
Nonuse.
The permittee has failed for three consecutive years
				  to use the water, and the permittee has not demonstrated adequate plans to use
				  water within a reasonable time. Nonuse due to adequate rainfall shall not be a
				  justification for cancellation of a permit. However, authorization to withdraw
				  water from a proposed well may be canceled after notice to the permittee if the
				  permittee has failed to construct the proposed well within three years after
				  issuance of the permit.
c.
Public health and safety.
Modification or cancellation is
				  necessary to protect the public health and safety, to protect the public
				  interests in lands and waters, or to prevent any manner of substantial injury
				  to persons or property.
d.
Addition of conservation provisions.
Modification to include
				  conservation provisions is deemed necessary by the department.
e.
Allocated amount.
For
				  three consecutive years, annual water use has exceeded the amount of water
				  allocated in the permit.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Division C › Chapter 52 - Criteria and Conditions for Authorizing Withdrawal, Diversion and Storage of Water › Rule 567-52.11 - Plugging of Abandoned Wells

Current through Register Vol. 47, No. 3, July 24, 2024
When authorization for withdrawals of water from a well
					 expires without renewal, the permittee shall be responsible for plugging the
					 well in accordance with Iowa Code section
					 455B190.,
					 567-Chapter 39, and Iowa Geological Survey Public Information Circular #1,
					 "Well Plugging Procedures," or by an alternate method approved by the
					 department for prevention of groundwater pollution. Form 542-1226 (Abandoned
					 Water Well Plugging Record) must be completed and submitted as specified on the
					 form. However, the department shall grant a variance from the requirement that
					 the well be plugged if the permittee demonstrates an intent to maintain the
					 well as a source of water for a nonregulated use or if the department
					 determines that the well should be maintained as an observation well.
This rule is intended to implement Iowa Code sections
					 455B262.
					 to
					 455B279(2)..
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Division C › Chapter 52 - Criteria and Conditions for Authorizing Withdrawal, Diversion and Storage of Water › Rule 567-52.21 - Permits to Divert Water to an Agricultural Drainage Well

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Approval criteria.
An
				  application for a permit to divert water or other material to an aquifer by
				  means of an agricultural drainage well shall not be approved if the
				  agricultural drainage well is located within a designated agricultural drainage
				  well area or the drainage well is to be constructed after February 18, 1998. An
				  initial permit for the diversion of water or any material to an aquifer by
				  means of an agricultural drainage well shall be based on a finding that the
				  following criteria are satisfied. Renewal of such a permit shall be made only
				  upon a finding that such owners, lessees, easement holders, or option holders
				  are in compliance with the conditions of the initial permit or any permit
				  issued thereafter and that the agricultural drainage well meets applicable
				  approval criteria, including paragraph 52.21(1)
"c. "
a. The application for the permit has been
				  submitted by or on behalf of all owners, lessees, easement holders, or option
				  holders of all lands which are drained by the agricultural drainage
				  well.
b. There is reasonable
				  assurance that the applicant(s) can minimize the contamination potential to the
				  aquifer through closure of surface water intakes, elimination of any septic
				  system connections, and other appropriate management practices including
				  nutrient and pesticide management as required under subrule 52.21(2).
c. There are no economically and physically
				  viable alternatives to the use of the agricultural drainage well. The
				  department will consult with the division of soil conservation, department of
				  agriculture and land stewardship, and other parties with drainage expertise as
				  necessary to determine if viable alternatives exist. In determining whether a
				  viable alternative exists, the department will consider all relevant factors,
				  including the following:
(1) The impact that
				  closure of the ADW would have on lands drained by the agricultural drainage
				  well if an alternative drainage system is not provided.
(2) The cost and feasibility of providing an
				  alternative outlet. Alternative drainage systems constructed under the
				  provisions of the alternative drainage system assistance program administered
				  by the division of soil conservation will be considered as a viable alternative
				  to the use of the agricultural drainage well.
(3) The availability of public assistance for
				  the construction of an alternate outlet or for compensation for loss of
				  productivity on lands drained by the agricultural drainage well.
(4) The results of the engineering study
				  provided for under 52.21(2)"/. "
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Division C › Chapter 53 - Protected Water Sources - Purposes - Designation Procedures - Information in Withdrawal Applications - Limitations - List of Protected Sources › Rule 567-53.1 - Scope of Chapter

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter describes the purpose and procedures for
					 designating specific surface water and groundwater sources as protected
					 sources. This includes the special information that may be required of
					 applicants for permits to withdraw water from such sources and conditions that
					 may be applied to approved permits. Those protected sources so designated by
					 rule are also listed.
This rule is intended to implement Iowa Code sections
					 455B262.,
					 455B264.
					 through
					 455B274.
					 and
					 455B278..
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Division C › Chapter 53 - Protected Water Sources - Purposes - Designation Procedures - Information in Withdrawal Applications - Limitations - List of Protected Sources › Rule 567-53.2 - Designation of Protected Sources

Current through Register Vol. 47, No. 3, July 24, 2024
The department, after consultation with the Iowa geological
					 survey (IGS) and other authorities, may designate a surface water or
					 groundwater source within a defined geographical area as a protected
					 source.
Notwithstanding rules
					 567-533. (455B) to
					 567-537. (455B), the department
					 may impose permit conditions on a case-by-case basis as it determines necessary
					 to protect water resources of the state.
This rule is intended to implement Iowa Code sections
					 455B262.,
					 455B.264 through
					 455B274.
					 and
					 455B278..
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Division C › Chapter 53 - Protected Water Sources - Purposes - Designation Procedures - Information in Withdrawal Applications - Limitations - List of Protected Sources › Rule 567-53.3 - Purposes of Designating a Protected Source

Current through Register Vol. 47, No. 3, July 24, 2024
The general purpose of designating a specific water source
					 as a protected source is to ensure long-term availability in terms of quantity
					 and quality to preserve public health and welfare. Specific purposes include
					 but are not limited to the following:
(1) To preserve the availability of the
				  protected source for sustained beneficial use.
(2) To prevent or minimize the movement of
				  groundwater contaminants.
(3) To
				  maintain the surface water quality within a specific stream segment in order to
				  meet state or federal standards, to preserve protected flows, or to maintain
				  its availability for other beneficial use.
(4) To preserve the protected flows in a
				  stream which is hydraulically connected to a protected aquifier.
This rule is intended to implement Iowa Code section
					 455B.262.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Division C › Chapter 53 - Protected Water Sources - Purposes - Designation Procedures - Information in Withdrawal Applications - Limitations - List of Protected Sources › Rule 567-53.4 - Designation Procedure

Current through Register Vol. 47, No. 3, July 24, 2024
The procedure for designation of a protected source shall
					 be a rule-making proceeding to amend the list of protected sources in rule
					 53.7(455B). In addition to the requirements of rule
					 561-51.
					 (17A), as adopted by reference in 567-Chapter 5, an interested person who
					 petitions the department to designate a protected water source may also be
					 required to provide further supporting information including, but not limited
					 to:
(1) Facts and arguments
				  demonstrating that existing rules and the opportunity for public participation
				  in the application review and decision-making procedures of rules
				  567-507.
				  (17A,455B) to 50.9(17A,455B) are inadequate to ensure the long-term
				  availability of the source and to preserve the public health and
				  welfare.
(2) Predictive
				  geohydrological and chemical analyses of the groundwater source if the basis of
				  the petition is to prevent or minimize the movement of known or suspected
				  contaminants.
(3) Facts and
				  arguments demonstrating the effect that additional withdrawals from a stream or
				  stream segment proposed for designation would have on downstream discharges,
				  surrounding alluvial systems, natural biological systems, and potential changes
				  in the frequency at which the protected stream discharge levels are reached.
This rule is intended to implement Iowa Code sections
					 455B.262, 455B.264 through 455B.274 and 455B.278.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Division C › Chapter 53 - Protected Water Sources - Purposes - Designation Procedures - Information in Withdrawal Applications - Limitations - List of Protected Sources › Rule 567-53.5 - Information Requirements for Applications to Withdraw Water From Protected Sources

Current through Register Vol. 47, No. 3, July 24, 2024
An applicant proposing to withdraw water from a protected
					 source, as listed in rule 53.7(455B), may be required to submit information
					 necessary for the department to determine the effects resulting from such
					 withdrawal.
(1)
Withdrawals
				  from protected groundwater sources.
Applicants for permits may be
				  required to provide that information detailed in rule
				  567-507.
				  (17A,455B) and additional predictive geohydrological and chemical analyses of
				  the groundwater source. Where there is potential for a known contaminant to
				  migrate, predictive analyses may also be requested to show potential movement
				  and effects of the withdrawal on the piezometric head. Monitoring may be
				  required in a permit authorizing withdrawals from a protected groundwater
				  source.
(2)
Withdrawals
				  from protected surface water sources.
Applicants for permits may be
				  required to demonstrate the effect of proposed withdrawals on downstream
				  discharges, surrounding alluvial systems, natural biological systems, and
				  potential changes in the frequency at which protected stream discharge levels
				  are reached for any stream or stream reaches listed in rule 53.7(455B).
This rule is intended to implement Iowa Code sections
					 455B.262, 455B.264 through 455B.274 and 455B.278.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Division C › Chapter 53 - Protected Water Sources - Purposes - Designation Procedures - Information in Withdrawal Applications - Limitations - List of Protected Sources › Rule 567-53.6 - Conditions in Permits for Withdrawals of Water From a Protected Source

Current through Register Vol. 47, No. 3, July 24, 2024
The designation of a protected water source in rule
					 53.7(455B) may include listing of special conditions on issuance of permits for
					 withdrawals of water from the designated source. The designation may also
					 include guidelines for imposition of special limitations on withdrawals
					 authorized by permits which were in force on the effective date of the
					 protected source designation. However, such guidelines may be enforced only in
					 accordance with the procedures in rule
					 567-527.
					 (455B) for modification, cancellation and emergency suspension of permits, or
					 after a permittee has had an opportunity to contest the imposition of proposed
					 special limitations in permit renewal proceedings. When a group of permits is
					 potentially affected by guidelines in rule 53.7(455B), hearings under rule
					 567-527.
					 (455B) may be consolidated.
(1)
Withdrawals from streams or associated alluvium that are protected
				  sources.
The department may apply special conditions on all permits
				  for withdrawals from streams and associated alluvial systems that are protected
				  water sources as listed in rule 53.7(455B). Such conditions may include
				  cessation of withdrawals at a stream discharge rate to be determined by the
				  department which may be in excess of the level required by 567-subrule 52.8(3).
				  These restrictions may apply to both consumptive and nonconsumptive
				  withdrawals.
(2)
Withdrawals from groundwater sources that are protected
				  sources.
The department may apply special conditions on all permits
				  for withdrawals from groundwater systems that are protected water sources as
				  listed in rule 53.7(455B). Such conditions may include immediate cessation of
				  withdrawals if declines in piezometric levels or movement of known contaminants
				  in the source are detected. These restrictions may apply to both consumptive
				  and nonconsumptive withdrawals.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Division C › Chapter 54 - Criteria and Conditions for Permit Restrictions or Compensation by Permitted Users to Nonregulated Users Due to Well Interference › Rule 567-54.1 - Scope of Chapter

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter provides an administrative means for resolving
					 well interference conflicts in situations where an existing or proposed
					 permitted use causes or will cause well interference in a nonregulated well.
					 While administrative resolution is available, informal negotiations between
					 affected parties must first be attempted and are encouraged throughout the
					 procedure. This chapter applies only to situations in which an adequate
					 groundwater supply is available from the utilized aquifer, but withdrawal for a
					 permitted use causes or will cause such a water level decline in a nonregulated
					 well that it does not provide a sufficient water supply. Situations with
					 inadequate groundwater supply in the utilized aquifer will be managed according
					 to Iowa Code section
					 455B266.
					 regarding priority allocation. Resolution of well interference conflicts is
					 predicated on the nonregulated well providing a sufficient water supply prior
					 to well interference. These rules do not apply to situations in which the
					 permitted use existed prior to construction of the nonregulated well, unless a
					 significant change in the permitted use occurs.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Division C › Chapter 54 - Criteria and Conditions for Permit Restrictions or Compensation by Permitted Users to Nonregulated Users Due to Well Interference › Rule 567-54.2 - Requirements for Informal Negotiations

Current through Register Vol. 47, No. 3, July 24, 2024
The complainant and permittee or applicant must attempt to
					 negotiate an informal settlement prior to the department becoming involved in
					 the verification and settlement procedures described in rules 54.6(455B) and
					 54.7(455B). If good faith negotiations fail, a letter stating the reasons for
					 the failure to achieve a settlement and signed by all parties to the complaint
					 or identifying those parties who refuse to sign shall be sent to the
					 department. Verbal notification will be accepted if followed by written
					 confirmation.
Guidelines for informal negotiations are provided in
					 Bulletin No. 23. Settlements which result from informal negotiations may be
					 registered with the department for consideration in subsequent
					 conflicts.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Division C › Chapter 54 - Criteria and Conditions for Permit Restrictions or Compensation by Permitted Users to Nonregulated Users Due to Well Interference › Rule 567-54.3 - Failure to Cooperate

Current through Register Vol. 47, No. 3, July 24, 2024
If any party refuses to cooperate, fails to provide the
					 required information, or fails to meet the specified deadlines, the complaint
					 may be dismissed, a permanent permit modification or cancellation order may be
					 issued pursuant to 567-subrule 52.7(1) or an application may be conditioned or
					 denied.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Division C › Chapter 54 - Criteria and Conditions for Permit Restrictions or Compensation by Permitted Users to Nonregulated Users Due to Well Interference › Rule 567-54.4 - Well Interference by Proposed Withdrawals

Current through Register Vol. 47, No. 3, July 24, 2024
If the department, using supporting data provided by the
					 applicant pursuant to rule
					 567-506.
					 (455B), determines that a proposed withdrawal will cause verified well
					 interference in a nonregulated well(s), the applicant will be given options for
					 resolving the imminent conflict(s) in accordance with 567-subrule 50.7(2). If
					 the applicant selects an option involving compensation to the nonregulated well
					 owner(s), the applicant and nonregulated well owner(s) must attempt to
					 negotiate an informal settlement in accordance with rule 54.2(455B). If
					 informal negotiations fail, administrative resolution of a well interference
					 conflict will be taken pursuant to rule 54.7(455B). The applicant will remain
					 liable for future well interference which is proven to be greater than the
					 amount resolved in the original settlement and for other well interference
					 which was not previously verified.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Division C › Chapter 54 - Criteria and Conditions for Permit Restrictions or Compensation by Permitted Users to Nonregulated Users Due to Well Interference › Rule 567-54.5 - Well Interference by Existing Permitted Uses

Current through Register Vol. 47, No. 3, July 24, 2024
If a complaint is made to the department by the owner of a
					 nonregulated well regarding suspected well interference, the following
					 procedures will be followed.
(1)
Initial notification of complaint.
The complainant shall
				  provide the department with the following information:
a. Name, address, and telephone
				  number.
b. Description of the
				  nonregulated well, including: location, depth, construction data and other
				  pertinent information, as available.
c. Description of the problem.
d. Suspected cause of well
				  interference.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Division C › Chapter 54 - Criteria and Conditions for Permit Restrictions or Compensation by Permitted Users to Nonregulated Users Due to Well Interference › Rule 567-54.6 - Verification of Well Interference

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Test pumping.
Test
				  pumping of the complainant's and permittee's wells may be required for
				  verification of well interference. A permittee may perform test pumping to
				  verify well interference even if it is not required by the department. Test
				  pumping shall be authorized by the department and supervised by a certified
				  well contractor, registered professional engineer or other designee of the
				  department. The test pumping shall be performed within 30 days of notification
				  by the department to the permittee and the complainant that test pumping is to
				  be conducted. The permittee and complainant shall each be responsible for all
				  costs associated with test pumping their own wells, although the complainant's
				  costs may be eligible for compensation.
The complainant shall provide access to the nonregulated
					 well for water level measurements during test pumping by the permittee. The
					 permittee may be required to provide the complainant with a temporary water
					 supply during test pumping by the permittee. Test pumping shall be performed in
					 accordance with procedures specified in Bulletin No. 23.
(2)
Determination of verified well
				  interference.
The department will evaluate the occurrence of well
				  interference based on data from the test pumping or other available hydrologic
				  information and notify the affected parties of the results. If the test pumping
				  was not performed under critical conditions (e.g., pumping rate less than
				  maximum permitted rate, pumping duration less than critical duration, recharge
				  more than minimum, etc.), the department will adjust test pumping results
				  accordingly and qualify estimations in reporting the test pumping results.
The results of this evaluation will be used by the
					 department to determine if well interference is verified in accordance with
					 guidelines in Bulletin No. 23. In general, well interference will be verified
					 if it causes the water in a nonregulated well to drop to a level below the pump
					 suction, or it is shown to significantly diminish well performance.
If well interference is verified, settlement procedures
					 according to rule 54.7(455B) will be followed. If well interference is not
					 verified, the complaint will be dismissed and any emergency order will be
					 removed. The department will notify the complainant and permittee of its
					 decision regarding the complaint and either party may appeal pursuant to rule
					 54.10(455B).
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Division C › Chapter 54 - Criteria and Conditions for Permit Restrictions or Compensation by Permitted Users to Nonregulated Users Due to Well Interference › Rule 567-54.7 - Settlement Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Settlement options.
At the same time as notification
				  prescribed in subrule 54.6(2) or upon notice to the applicant of verified well
				  interference according to 567-subrule 50.7(2), the department will also advise
				  the permittee or applicant of available settlement options including:
a. Permanent permit modifications (i.e.,
				  reduced pumping rate or scheduled pumping).
b. Compensation to the complainant (see
				  subrule 54.7(3) and guidelines in Bulletin No. 23).
In situations in which verified well interference has
					 occurred due to an existing permitted use, the permittee shall notify the
					 department of the selected option within 30 days of notification.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Division C › Chapter 54 - Criteria and Conditions for Permit Restrictions or Compensation by Permitted Users to Nonregulated Users Due to Well Interference › Rule 567-54.8 - Recurring Complaints

Current through Register Vol. 47, No. 3, July 24, 2024
If a complainant accepts compensation from a permittee for
					 settlement of a well interference conflict, any future complaint by the
					 complainant against the same permittee will not be considered unless: a
					 significant change in the permitted withdrawal occurs; the permittee utilized
					 simplified test pumping procedures or other less than optimal verification
					 methods, as described in Bulletin No. 23; or the permittee provided
					 compensation to resolve less than the estimated worst-case well interference. A
					 complainant who accepts compensation from an applicant is still eligible for
					 compensation if subsequent well interference is proven to be greater than that
					 resolved in the original settlement.
If a previous complaint was dismissed or settled without
					 compensation, a new complaint must include justification for reconsideration.
					 Justification may include a significant change in withdrawals by the suspect
					 permittee or water level measurements from the complainant's well which
					 indicate more well interference than found in the previous complaint. A
					 physical change to withdrawal facilities may be considered a significant change
					 to a permitted use (e.g., moving the withdrawal location, installing a new
					 well, or installing a higher-capacity pump).
A complaint which was dismissed due to failure to
					 cooperate, as provided in rule 54.3(455B), will be reconsidered when the
					 required cooperation is demonstrated. However, it will be treated as a new
					 complaint.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Division C › Chapter 54 - Criteria and Conditions for Permit Restrictions or Compensation by Permitted Users to Nonregulated Users Due to Well Interference › Rule 567-54.9 - Variances

Current through Register Vol. 47, No. 3, July 24, 2024
Variance to these rules may be granted by the department
					 provided just cause can be demonstrated. Requests for variances and supporting
					 information shall be submitted in writing to the department.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Division C › Chapter 54 - Criteria and Conditions for Permit Restrictions or Compensation by Permitted Users to Nonregulated Users Due to Well Interference › Rule 567-54.10 - Appeal Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
Determinations of the department under subrules 54.5(5),
					 54.6(2) and 54.7(4) may be appealed by following the procedure in 567-subrule
					 7.5(1).
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Division C › Chapter 55 - Aquifer Storage and Recovery: Criteria and Conditions for Authorizing Storage, Recovery, and Use of Water › Rule 567-55.1 - Statutory Authority

Current through Register Vol. 47, No. 3, July 24, 2024
The authority for the department of natural resources to
					 permit persons to inject, store, and recover treated water for potable use is
					 given by Iowa Code sections
					 455B261.,
					 455B265.
					 and
					 455B269..
					 This permit requirement applies to any aquifer storage and recovery (ASR)
					 system, including projects involving border streams. The person or water system
					 seeking an aquifer storage and recovery permit must review the criteria for ASR
					 permits and contact the department if a permit is required.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Division C › Chapter 55 - Aquifer Storage and Recovery: Criteria and Conditions for Authorizing Storage, Recovery, and Use of Water › Rule 567-55.3 - Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
The aquifer storage and recovery rules are intended to
					 describe aquifer storage and recovery, including defining the affected area
					 within the aquifer, creating a permit program with technical criteria for
					 evaluating ASR projects, and incorporating technical additions for the practice
					 of treated water recovery. Legal rights and obligations affecting ASR permit
					 holders are defined.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Division C › Chapter 55 - Aquifer Storage and Recovery: Criteria and Conditions for Authorizing Storage, Recovery, and Use of Water › Rule 567-55.5 - Application Processing

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Application.
a. Initial
				  application for approval of an aquifer storage and recovery (ASR) project. A
				  permit shall be required for the storage of all treated water in an aquifer for
				  later recovery for potable uses. New permit applications (a request for a new
				  permit, as distinguished from modification or renewal of an existing permit)
				  shall be made on a form obtained from the department. An application form must
				  be submitted by or on behalf of the water supply system owner, lessee, easement
				  holder, or option holder of the area where the water is to be stored and
				  recovered from an aquifer. An application must be accompanied by a map
				  portraying:
(1) The points of injection and
				  withdrawal,
(2) The immediate
				  vicinity (topography) of the receiving aquifer,
(3) Any production, test or other observation
				  wells within the aquifer, and
(4)
				  The area of water storage.
The application must also include a description of the land
					 where wells are located and water will be injected, withdrawn and used,
					 oriented as to quarter section, section, township, and range. One application
					 will be adequate for all uses on contiguous tracts of land. A water supply
					 construction permit issued pursuant to 567-Chapter 43 will also be required for
					 all injection/recovery wells.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IV - Wastewater Treatment and Disposal › Chapter 60 - Scope of Title-definitions-forms-rules of Practice › Rule 567-60.1 - Scope of Title

Current through Register Vol. 47, No. 3, July 24, 2024
The department has jurisdiction over the surface water and
				  groundwater of the state to prevent, abate and control water pollution by
				  establishing standards for water quality and for direct or indirect discharges
				  of wastewater to waters of the state and by regulating potential sources of
				  water pollution through a system of general rules or specific permits. The
				  construction and operation of any wastewater disposal system and the discharge
				  of any pollutant to a water of the state require a specific permit from the
				  department, unless exempted by the department.
This chapter provides general definitions applicable in this
				  title and rules of practice, including forms, applicable to the public in the
				  department's administration of the subject matter of this title.
Chapter 61 contains the water quality standards of the state,
				  including classification of surface waters. Chapter 62 contains the standards
				  or methods for establishing standards relevant to the discharge of pollutants
				  to waters of the state. Chapter 63 identifies monitoring, analytical and
				  reporting requirements pertaining to permits for the operation of wastewater
				  disposal systems. Chapter 64 contains the standards and procedures for
				  obtaining construction, operation and NPDES permits for wastewater disposal
				  systems other than those associated with animal feeding operations. Chapter 65
				  specifies minimum waste control requirements and permit requirements for animal
				  feeding operations. Chapter 66 specifies restrictions on pesticide application
				  to waters. Chapter 67 contains standards for the land application of sewage
				  sludge. Chapter 68 contains standards and licensing requirements applicable to
				  commercial septic tank cleaners. Chapter 69 specifies guidelines for private
				  sewage disposal systems.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IV - Wastewater Treatment and Disposal › Chapter 60 - Scope of Title-definitions-forms-rules of Practice › Rule 567-60.3 - Wastewater Forms

Current through Register Vol. 47, No. 3, July 24, 2024
The following construction permit application forms and
				  operation and NPDES permit forms provided by the department shall be used to
				  apply for departmental approvals and permits and to report on activities
				  related to the department's wastewater programs. Electronic forms may be
				  accessed on the department's website or obtained from the appropriate regional
				  field office. Paper forms, when available, may be obtained from the
				  department's website or by contacting the appropriate regional field office.
				  Properly completed application forms, reporting forms, and all attachments
				  shall be submitted in accordance with department instructions.
(1)
Construction permit application
				forms.
a. Schedules 28 - "A" to "S"
"A" - General Information 542-3129
"B" - Collection System 542-3095
"C" - Lateral Sewer System 542-3096
"D" - Trunk and Interceptor Sewer 542-3097
"E" - Pump Station 542-3098
"F" - Treatment Project Site Selection 542-3099
"G" - Treatment Project Design Data 542-3106
"H1" - Schematic Flow Diagram 542-3101
"H2" - Treatment Process Removal Efficiency 542-3102
"H3" - Mechanical Plant Reliability 542-3239
"I" - Screening, Grit Removal and Flow Measurement
				  542-3089
"J" - Septic Tank System 542-3090
"K1" - Controlled Discharge Pond 542-3091
"K2" - Aerated Pond 542-3092
"K3" - Anaerobic Lagoon 542-3093
"L" - Settling Tanks 542-3094
"M" - Fixed Film Reactor-Stationary Media 542-3081
"N" - Rotating Biological Contactor 542-3082
"O" - Aeration Tanks or Basins 542-3083
"P" - Gas Chlorination 542-3084
"Q" - Sludge Dewatering and Disposal 542-3085
"R1" - Sludge Dewatering and Disposal 542-3086
"R2A" - Low Rate Land Application of Sludge (Part I)
				  542-3087
"R2B" - Low Rate Land Application of Sludge (Part II)
				  542-3088
"S" - Land Application of Wastewater (To be
				  developed)
b. Form 29 -
				Sewage Treatment Agreement 542-3219
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IV - Wastewater Treatment and Disposal › Chapter 61 - Water Quality Standards › Rule 567-61.10 - Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
The department uses water quality monitoring data for a
				  number of purposes, including determining compliance with effluent limits for
				  operation permits issued under 567-Chapter 64. The department also uses water
				  quality monitoring data to determine the relative health of a water body by
				  comparing monitoring data to the appropriate water quality standards
				  established in 567-Chapter 61, a process known as water body assessments. Water
				  body assessments are performed to prepare the biennial water quality report
				  required under Section 305(b) of the Act and the list of impaired waters under
				  Section 303(d) of the Act.
Iowa Code sections 455B. 193 to 455B. 195 require that
				  credible data, as defined in Iowa Code section
				  455B171.,
				  be used for the purpose of preparing Section 303(d) lists and other water
				  quality program functions. Data provided by a volunteer are not considered
				  credible data unless provided by a qualified volunteer. The purpose of this
				  chapter is to establish minimum requirements for data produced by volunteers to
				  meet the credible data and qualified volunteer requirements.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IV - Wastewater Treatment and Disposal › Chapter 61 - Water Quality Standards › Rule 567-61.11 - Monitoring Plan Required

Current through Register Vol. 47, No. 3, July 24, 2024
Volunteer water quality monitoring data submitted to the
				  department must have been produced in accordance with a department-approved
				  volunteer water quality monitoring plan before the data may be used for any of
				  the purposes listed in Iowa Code section 455B. 194. Approval of a plan will
				  establish qualified volunteer status for the personnel identified in the plan
				  for those monitoring activities covered under the plan.
(1)
Submittal of the plan.
Prior to initiation of volunteer water quality monitoring activities intended
				to produce credible data, a water quality monitoring plan must be submitted to
				the department for review and approval. The plan must be submitted to the
				Volunteer Monitoring Coordinator, Department of Natural Resources, Wallace
				State Office Building, Des Moines, Iowa 50319, a minimum of 90 days before
				planned initiation of volunteer monitoring activities. A letter transmitting
				the plan must specifically request formal review and approval of the plan and
				identify a contact person. Volunteer monitors are encouraged to communicate
				with the department and to attend volunteer monitoring training sessions prior
				to formal submittal of a plan.
(2)
Content of the plan.
A volunteer monitoring plan must contain,
				at a minimum, the following to be considered an acceptable volunteer monitoring
				plan:
a. A statement of the intent of the
				monitoring effort.
b. The name(s)
				of the person or persons that will be involved in data collection or analysis,
				the specific responsibilities of each person or group of people, and the
				general qualifications of the volunteers to carry out those responsibilities.
				For groups, such as educational institutions, it will be acceptable to identify
				the persons involved by general description (e.g., tenth grade biology class)
				with the exception of persons in responsible charge.
c. The name(s) of the person or persons that
				will oversee the monitoring plan, ensure that quality assurance and control
				objectives are being met, and certify the data. The person or persons in
				responsible charge must have training commensurate with the level of expertise
				to ensure that credible data is being generated.
d. The duration of the volunteer monitoring
				effort. In general, the department will not approve plans of greater than three
				years' duration unless a longer duration is justified.
e. Location and frequency of sample
				collection.
f.Methods of data
				collection and analysis.
g. Record
				keeping and data reporting procedures.