reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Division B › Chapter 42 - Public Notification, Public Education, Consumer Confidence Reports, Reporting, and Record Maintenance › Rule 567-42.1 - Public Notification

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Applicability.
Each owner or operator of a public water system
				  must give notice for all violations of public drinking water rules and for
				  other situations, as listed in this subrule. The term "violations" includes
				  violations of, or failure to comply with, the maximum contaminant level,
				  maximum residual disinfection level, treatment technique, monitoring
				  requirements, and testing procedures in 567-Chapters 40 through 43. The term
				  "other situations" includes all situations determined by the department to
				  require a public notice, such as a waterborne disease outbreak or other
				  waterborne emergency; exceedance of the nitrate MCL by noncommunity systems
				  where granted permission by the department under 567-paragraph 41.3(1)
"a"
; exceedance of fluoride level over 2.0 mg/L; availability
				  of unregulated contaminant monitoring data in accordance with CFR Title 40,
				  Part 141.40, failure to meet the terms of a compliance schedule; exceedance of
				  a health advisory as determined by the department; failure to comply with the
				  public notification requirements, public education requirements, or consumer
				  confidence report requirements; failure to meet the terms of an administrative
				  or court order; failure to meet the data and other reporting requirements;
				  failure to retain a certified operator in accordance with 567-subrule 43.1(5);
				  and any other situation where the department determines public notification is
				  needed. Public notification is not required for ammonia monitoring conducted
				  pursuant to 567-subrule 41.11(2).
a.
Types of public notice.
Public notice requirements are divided into
				  three tiers, to take into account the seriousness of the violation or situation
				  and of any potential adverse health effects that may be involved. The public
				  notice requirements for each violation or situation are determined by the tier
				  to which it is assigned.
(1) Tier 1 public
				  notice is required for all drinking water violations and situations with
				  significant potential to have serious adverse effects on human health as a
				  result of short-term exposure.
(2)
				  Tier 2 public notice is required for all other drinking water violations and
				  situations with potential to have serious adverse effects on human
				  health.
(3) Tier 3 public notice is
				  required for all other drinking water violations and situations not included in
				  Tier 1 or Tier 2.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Division B › Chapter 42 - Public Notification, Public Education, Consumer Confidence Reports, Reporting, and Record Maintenance › Rule 567-42.2 - Lead Consumer Notice and Public Education for Lead Action Level Exceedance

Current through Register Vol. 47, No. 3, July 24, 2024
All CWS and NTNC systems must comply with the lead
					 consumer notice in accordance with 42.2(1). A CWS or NTNC system that exceeds
					 the lead action level based on tap water samples collected in accordance with
					 567-paragraph 41.4(1)
"c "
must comply with the public
					 education requirements in accordance with 42.2(2).
(1)
Lead consumer notice.
All CWS and NTNC systems must provide a consumer notice of lead tap water
				  monitoring results to persons served at the sites (taps) that are tested as
				  listed in 567-42.2 (455B). Any system exceeding the lead action level shall
				  also implement the public education requirements of 42.2(2).
a.
Reporting requirement.
All CWS and NTNC systems must provide a notice of the individual tap results
				  from lead tap water monitoring carried out under the requirements of
				  567-paragraph 41.4(1)
"c "
to the persons served by the water
				  system at the specific sampling site from which the sample was taken (e.g., the
				  occupants of the residence where the tap was tested).
b.
Timing of notification.
A
				  water system must provide the consumer notice as soon as practical, but no
				  later than 30 days after the system learns of the tap monitoring
				  results.
c.
Content of
				  notice.
The consumer notice must include the following:
(1) Results of the lead tap water monitoring
				  for the tap that was tested,
(2) An
				  explanation of the health effects of lead,
(3) A list of steps consumers can take to
				  reduce exposure to lead in drinking water,
(4) Contact information for the water
				  utility, and
(5) The lead maximum
				  contaminant level goal of 0 mg/L and the 90th percentile lead action level of
				  0.015 mg/L and the definitions for these two terms from rule
				  567-402. (455B).
d.
Delivery of
				  notice.
The consumer notice must be provided to persons served at the
				  tap that was tested, either by mail or by another method approved by the
				  department. For example, upon approval by the department, an NTNC system could
				  post the results on a bulletin board in the facility to allow users to review
				  the information. The system must provide the notice to customers at sample taps
				  tested, including consumers who do not receive water bills.
e.
Inclusion of copper
				  results.
The system may also include results of copper testing in the
				  notice along with the 90th percentile copper action level of 1.3 mg/L, copper
				  MCLG of 1.3 mg/L, and health effects language.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Division B › Chapter 42 - Public Notification, Public Education, Consumer Confidence Reports, Reporting, and Record Maintenance › Rule 567-42.3 - Consumer Confidence Reports

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Applicability and
				  purpose.
This rule applies to all community public water supply
				  systems. The purpose of this rule is to establish the minimum requirements for
				  the content of annual reports that community water systems must deliver to
				  their customers. These reports must contain information on the quality of the
				  water delivered by the systems and characterize the risks (if any) from
				  exposure to contaminants in the drinking water in an accurate and
				  understandable manner. The department may assign public notification
				  requirements and assess administrative penalties to any community public water
				  supply system which fails to fulfill the requirements of this rule.
(2)
Reporting frequency.
a.
Existing community water
				  systems.
Existing community water systems must deliver the first
				  report by October 19, 1999; the second report by July 1, 2000; and subsequent
				  reports annually by July 1 thereafter.
b.
New community water
				  systems.
New community water systems must deliver their first report
				  by July 1 of the year after their first full calendar year in operation, and
				  annually thereafter.
c.
A
				  CWS which sells water to another CWS.
A community water system that
				  sells water to another community water system must deliver the applicable
				  information required in subrule 42.3(3) to the buyer (or consecutive) system:
(1) No later than April 19, 1999, for the
				  1998 report; by April 1, 2000, for the 1999 report; and annually by April 1
				  thereafter, or
(2) On a date
				  mutually agreed upon by the seller and the purchaser, and specifically included
				  in a contract between the parties.
When a consecutive system sells water to another community
					 water system, the seller must provide all applicable information in 42.3(3) to
					 the CWS buying the water from them.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Division B › Chapter 42 - Public Notification, Public Education, Consumer Confidence Reports, Reporting, and Record Maintenance › Rule 567-42.4 - Reporting

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Reporting requirements other than for lead and copper.
a. When required by the department, the
				  supplier of water shall report to the department within ten days following a
				  test, measurement or analysis required to be made by 567-Chapter 40, 41, 42, or
				  43 the results of that test, measurement or analysis in the form and manner
				  prescribed by the department. This shall include reporting of all positive
				  detects within the same specific analytical method.
b. Except where a different reporting period
				  is specified in this rule or 567-Chapters 41 and 43, the supplier of water
				  shall report to the department within 48 hours after any failure to comply with
				  the monitoring requirements set forth in 567-Chapters 41 and 43. The supplier
				  of water shall also notify the department within 48 hours of failure to comply
				  with any primary drinking water regulations.
c. The public water supply system, within ten
				  days of completion of each public notification required pursuant to
				  567-421. (455B) for the initial
				  public notice and any repeat notices, shall submit to the department a
				  certification that it has fully complied with the public notification rules.
				  The public water system must include with this certification a representative
				  copy of each type of notice distributed, published, posted, or made available
				  to the persons served by the system or to the media.
d. Groundwater rule. Additional reporting
				  requirements for the groundwater rule are listed in 567-paragraph
				  41.7(6)
"a. "
e.
				  Coliform rule. Additional reporting requirements for the coliform rule are
				  listed in 567-paragraph 41.2(1)
"n. "
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Division B › Chapter 42 - Public Notification, Public Education, Consumer Confidence Reports, Reporting, and Record Maintenance › Rule 567-42.5 - Record Maintenance.

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Record maintenance requirements
. Any owner or operator of a
				  public water system subject to the provisions of this rule shall retain on its
				  premises or at a convenient location near its premises the following records:
a. Analytical records.
(1) Actual laboratory reports shall be kept,
				  or data may be transferred to tabular summaries, provided that the following
				  information is included:
1. The date, place,
				  and time of sampling, and the name of the person who collected the
				  sample;
2. Identification of the
				  sample as to whether it was a routine distribution system sample, check sample,
				  raw or process water sample or other special purpose sample;
3. Date of analysis;
4. Laboratory and person responsible for
				  performing analysis;
5. The
				  analytical technique or method used; and
6. The results of the analysis.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Division B › Chapter 43 - Water Supplies-design and Operation › Rule 567-43.2 - Permit to Operate

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Operation fees.
a.
Annual fee.
A fee for the operation of a public water supply
				  system shall be paid annually. The fee will not be prorated and is
				  nonrefundable. The fee shall be based on the population served. The fee shall
				  be the greater of $25 per year or $0.14 multiplied by the total population
				  served by the public water supply for all community and nontransient
				  noncommunity public water supply systems. The fee shall be $25 per year for all
				  transient noncommunity water systems. Where a system provides water to another
				  public water supply system (consecutive public water supply system) which is
				  required to have an operation permit, the population of the recipient water
				  supply shall not be counted as a part of the water system providing the
				  water.
b.
Fee
				  notices.
The department will send annual notices to public water
				  supply systems at least 60 days prior to the date that the operation fee is
				  due.
c.
Fee
				  payments.
The annual operation fee must be paid to the department by
				  September 1 each year.
d.
Fee schedule adjustment.
The department may adjust the per
				  capita fee payment by up to +/-$0.02 per person served so as to achieve the
				  targeted revenue of $350,000 during each fiscal year. The environmental
				  protection commission must approve any per capita fee rate above $0.14 per
				  person. The extent of the fee adjustment must comply with Iowa Code section
				  455B183A..
e.
Exempted public water supply
				  systems.
Public water supply systems located on Indian lands are
				  exempt from the fee requirements.
f.
Late fees.
When the owner
				  of a public water supply fails to make timely application or to remit payment
				  of fees by September 1, the department will notify the system by a single
				  notice of violation. In addition, a late fee of $ 100 will be assessed for
				  failure to remit the operation fee by September 1. The department may
				  thereafter issue an administrative order pursuant to Iowa Code section 455B.
				  175(1) or request a referral to the attorney general under Iowa Code section
				  455B. 175(3) as necessary.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Division B › Chapter 43 - Water Supplies-design and Operation › Rule 567-43.4 - Certification of Completion

Current through Register Vol. 47, No. 3, July 24, 2024
Within 30 days after completion of construction,
					 installation or modification of any project, the permit holder shall submit a
					 certification by a licensed professional engineer that the project was
					 completed in accordance with the approved plans and specifications except if
					 the project received a waiver pursuant to 43.3(4).
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Division B › Chapter 43 - Water Supplies-design and Operation › Rule 567-43.5 - Filtration and Disinfection for Surface Water and Influenced Groundwater Public Water Supply Systems

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Applicability/general requirements.
a. These rules apply to all public water
				  supply systems using surface water or groundwater under the direct influence of
				  surface water, in whole or in part, and establish criteria under which
				  filtration is required as a treatment technique. In addition, these rules
				  establish treatment technique requirements in lieu of maximum contaminant
				  levels for
Giardia lamb Ha,
heterotrophic plate count
				  bacteria,
Legionella,
viruses and turbidity. Each public water
				  system with a surface water source or a groundwater source under the direct
				  influence of surface water must provide treatment of that source water which
				  complies with these treatment technique requirements. Systems which serve at
				  least 10,000 persons must also comply with the requirements of
				  567-439. (455B). Systems which
				  serve fewer than 10,000 persons must also comply with the requirements of
				  567-4310. (455B). The treatment
				  technique requirements consist of installing and properly operating water
				  treatment processes which reliably achieve:
(1) At least 99.9 percent (3-log) removal or
				  inactivation of
Giardia lamblia
cysts between a point where the
				  raw water is not subject to recontamination by surface water runoff and a point
				  downstream before or at the first customer; and
(2) At least 99.99 percent (4-log) removal or
				  inactivation of viruses between a point where the raw water is not subject to
				  recontamination by surface water runoff and a point downstream before or at the
				  first customer.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Division B › Chapter 43 - Water Supplies-design and Operation › Rule 567-43.7 - Lead and Copper Treatment Techniques

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Corrosion control treatment for
				  lead and copper control.
a.
Applicability.
Systems shall complete the applicable corrosion control
				  treatment requirements by the deadlines specified in the following rules:
(1) Large systems serving more than 50,000
				  persons. A large system (serving greater than 50,000 persons) shall complete
				  the corrosion control treatment steps specified in 43.7(1)
"d,
				  "
unless the system is deemed to have optimized corrosion control
				  under 43.7(1)
"b"
(2) or (3).
(2) Small and medium-size systems serving
				  50,000 or fewer persons. A small system (serving less than or equal to 3,300
				  persons) or a medium-size system (serving greater than 3,300 and less than or
				  equal to 50,000 persons) shall complete the corrosion control treatment steps
				  specified in 43.7(1)
"e, "
unless the system has optimized
				  corrosion control under 43.7(1)
"b"
(1), (2), or (3).
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Division B › Chapter 43 - Water Supplies-design and Operation › Rule 567-43.8 - Viability Assessment

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Definitions specific to viability assessment.
"New system "
for viability assessment
					 purposes includes public water supply systems which are newly constructed after
					 the effective date of this rule, as well as systems which do not currently meet
					 the definition of a PWS, but which expand their infrastructure and thereby grow
					 to become a PWS. Systems not currently meeting the definition of a PWS and
					 which add additional users and thereby become a PWS without constructing any
					 additional infrastructure are not "new systems" for the purposes of this
					 subrule.
"Nonviable system"
for viability
					 assessment purposes means a system lacking the technical, financial, and
					 managerial ability to comply with 567-Chapters 40 through 43 and 81.
"Significant noncompliance (SNC)"
for
					 viability assessment purposes means the failure to comply with any drinking
					 water standard as adopted by the state of Iowa as designated by the
					 department.
"Viability"
for viability assessment
					 purposes is the ability to remain in compliance insofar as the requirements of
					 the federal Safe Drinking Water Act and 567-Chapters 40 through 43 and
					 81.
"Viable system "
for viability assessment
					 purposes means a system with the technical, financial, and managerial ability
					 to comply with applicable drinking water standards adopted by the state of
					 Iowa.
(2)
Applicability and purpose.
These rules apply to all new and
				  existing public water supplies, including the following: new systems commencing
				  operation after October 1, 1999; systems deemed to be in significant
				  noncompliance with the primary drinking water standards; DWSRF applicants; and
				  existing systems. The purpose of the viability assessment program is to ensure
				  the safety of the public drinking water supplies and ensure the viability of
				  new public water supply systems upon commencement of operation. The department
				  may assess public notification requirements and administrative penalties to any
				  public water supply system which fails to fulfill the requirements of this
				  rule.
(3)
Contents of a
				  viability assessment.
The viability assessment must address the areas
				  of technical, financial, and managerial viability for a public water supply
				  system. The assessment must include evaluation of the following areas at a
				  minimum, and the public water supply system may be required to include
				  additional information as directed by the department. The viability of a system
				  should be forecast for a 20-year period.
a.
Technical viability.
(1)
				  Supply sources and facilities
(2)
				  Treatment
(3) Infrastructure
				  (examples: pumping, storage, distribution)
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Division B › Chapter 43 - Water Supplies-design and Operation › Rule 567-43.9 - Enhanced Filtration and Disinfection Requirements for Surface Water and Igw Systems Serving at Least 10,000 People

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General requirements.
a.
Applicability.
The
				  requirements of this rule constitute national primary drinking water
				  regulations. This rule establishes the filtration and disinfection requirements
				  that are in addition to criteria under which filtration and disinfection are
				  required in 567-435. (455B). The
				  requirements of this rule are applicable, beginning January 1, 2002, to all
				  public water systems using surface water or groundwater under the direct
				  influence of surface water, in whole or in part, and which serve at least
				  10,000 people. This rule establishes or extends treatment technique
				  requirements in lieu of maximum contaminant levels for the following
				  contaminants:
Giardia lamb Ha,
viruses, heterotrophic plate
				  count bacteria,
Legionella, Cryptosporidium,
and turbidity.
				  Each surface water or groundwater under the direct influence of surface water
				  system serving at least 10,000 people must provide treatment of its source
				  water that complies with these treatment technique requirements and they are in
				  addition to those identified in subrule 43.5(1). The treatment technique
				  requirements consist of installing and properly operating water treatment
				  processes that reliably achieve:
(1) At least
				  99 percent (2-log) removal of
Cryptosporidium
between a point
				  where the raw water is not subject to recontamination by surface water runoff
				  and a point downstream before or at the first customer for filtered
				  systems.
(2) Compliance with the
				  profiling and benchmark requirements under 43.9(2).
(3) The department may require other surface
				  water or groundwater under the direct influence of surface water systems to
				  comply with this rule, through an operation permit.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Division B › Chapter 43 - Water Supplies-design and Operation › Rule 567-43.10 - Enhanced Filtration and Disinfection Requirements for Surface Water and Igw Systems Serving Fewer Than 10,000 People

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General requirements.
a.
Applicability.
The
				  requirements of this rule constitute national primary drinking water
				  regulations. This rule establishes requirements for filtration and disinfection
				  that are in addition to criteria under which filtration and disinfection are
				  required in 567-435. (455B). The
				  requirements of this rule are applicable beginning January 1, 2005, unless
				  otherwise noted, to all public water systems using surface water or groundwater
				  under the direct influence of surface water, in whole or in part, and which
				  serve less than 10,000 people. This rule establishes or extends treatment
				  technique requirements in lieu of maximum contaminant levels for the following
				  contaminants:
Giardia lamb Ha,
viruses, heterotrophic plate
				  count bacteria,
Legionella, Cryptosporidium,
and turbidity. The
				  treatment technique requirements consist of installing and properly operating
				  water treatment processes which reliably achieve:
(1) At least 99 percent (2 log) removal
				  of
Cryptosporidium
between a point where the raw water is not
				  subject to recontamination by surface water runoff and a point downstream
				  before or at the first customer for filtered systems; and
(2) Compliance with the profiling and
				  benchmark requirements in subrules 43.10(2) and 43.10(3).
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Division B › Chapter 43 - Water Supplies-design and Operation › Rule 567-43.11 - Enhanced Treatment for Cryptosporidium

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Applicability.
The
				  requirements of this rule are national primary drinking water regulations and
				  establish or extend treatment technique requirements in lieu of maximum
				  contaminant levels for
Cryptosporidium.
These requirements are
				  in addition to the filtration and disinfection requirements of 567-43.5(455B),
				  567-439. (455B) and
				  567-4310. (455B) and apply to
				  all Iowa public water systems supplied by surface water or influenced
				  groundwater sources.
a.
Wholesale
				  systems.
Wholesale systems must comply with the requirements based on
				  the population of the largest system in the combined distribution
				  system.
b.
Filtered
				  systems.
The requirements of this rule for filtered systems apply to
				  systems that are required to provide filtration treatment pursuant to
				  567-435. (455B), whether or not
				  the system is currently operating a filtration system.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Division B › Chapter 43 - Water Supplies-design and Operation › Rule 567-43.12 - Optimization Goals

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Turbidity optimization goals.
Surface water and IGW systems
				  must meet the requirements listed in 5 67-43.5 (455B),
				  567-439.
				  (455B), and
				  567-4310.
				  (455B). To encourage operational optimization, the department has adopted the
				  following goals for systems using surface water or influenced groundwater and
				  that wish to pursue the optimization of their existing treatment processes.
				  These goals are voluntary. Data collected for optimization purposes will not be
				  used to determine compliance with the requirements in
				  567-435.
				  (455B),
				  567-439.
				  (455B),
				  567-4310.
				  (455B), or
				  567-4311.
				  (455B) unless the optimization data are identical to the compliance data.
a.
Sedimentation performance
				  goals.
The sedimentation performance goals are based upon the average
				  annual raw water turbidity levels.
(1) When
				  the annual average raw water turbidity is less than or equal to 10 NTU over the
				  course of the calendar year, the turbidity should be less than or equal to 1
				  NTU in at least 95 percent of measurements based on the maximum daily value of
				  readings taken at least once every four hours from each sedimentation basin
				  while the plant is operating.
(2)
				  When the annual average raw water turbidity is more than 10 NTU over the course
				  of the calendar year, the turbidity should be less than or equal to 2 NTU in at
				  least 95 percent of measurements based on the maximum daily value of readings
				  taken at least once every four hours from each sedimentation basin while the
				  plant is operating.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Division B › Chapter 44 - Drinking Water State Revolving Fund › Rule 567-44.1 - Statutory Authority

Current through Register Vol. 47, No. 3, July 24, 2024
The authority for the Iowa department of natural resources
					 to administer the drinking water state revolving fund (DWSRF) in order to
					 assist in the construction of drinking water treatment facilities is provided
					 by Iowa Code sections
					 455B291. to
					 455B299..
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Division B › Chapter 44 - Drinking Water State Revolving Fund › Rule 567-44.2 - 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 pollution. As a part of
					 that general responsibility, the department and the Iowa finance authority
					 (authority) are jointly designated to administer the DWSRF loan program to
					 assist in the financing of infrastructure projects pursuant to the Safe
					 Drinking Water Act (SDWA). A project must comply with this chapter to be
					 eligible for a DWSRF loan. This chapter provides the background, the general
					 rules of practice for the department's administration of the program, including
					 the criteria for loan eligibility, and the general project and program
					 administration rules.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Division B › Chapter 44 - Drinking Water State Revolving Fund › Rule 567-44.3 - Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
The DWSRF provides financial assistance to eligible public
					 water systems for the design and construction of facilities to ensure public
					 health and the provision of safe and adequate drinking water. The DWSRF
					 reserves a certain percentage of money each year from capitalization grants:
					 for administrative purposes (up to 4 percent), to assist with the
					 administration of the public water supply supervision program (up to 10
					 percent), to provide technical assistance to smaller drinking water systems (up
					 to 2 percent) and to fund local assistance and other authorized activities (up
					 to 15 percent). The director will coordinate with the authority under the terms
					 of an interagency agreement entered into pursuant to Iowa Code chapter 28E. The
					 department establishes priorities for the use of the DWSRF and publishes them
					 in its intended use plan (IUP). The IUP will identify all proposed uses of
					 available funds. All potentially funded projects or activities must be approved
					 by the department.
The EPA provides capitalization grants for this program to
					 the department. Financial assistance projects must be in conformance with the
					 requirements of the Public Health Service Act (
					 42 U.S.C.
					 300 f et seq.), United States Code, Title
					 XIV, Section 1452, Part E.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Division B › Chapter 44 - Drinking Water State Revolving Fund › Rule 567-44.6 - Eligibility

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Eligible systems.
The following systems are eligible to
				  receive funds from the DWSRF for improvements as listed and defined in the Safe
				  Drinking Water Act amendments of 1996 ( P.L. 104-182, August 6, 1996).
a. Community drinking water
				  systems.
b. Nonprofit nontransient
				  noncommunity drinking water systems.
c. Cities and counties that are PWS or can
				  become viable new PWS as a result of this project.
d. Any other governmental subdivision of the
				  state responsible for a public water supply.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Division B › Chapter 44 - Drinking Water State Revolving Fund › Rule 567-44.7 - Project Point Ranking System (project priority list)

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Project priority list.
The director shall develop and maintain a project priority list of public water
				  systems that have a need for either a new or an upgraded drinking water system,
				  including individual subcomponents. The term "public water system projects" may
				  also include separate segments or phases of a segmented or phased project. The
				  project priority list may include projects which are not ready to proceed
				  (e.g., the list may include projects that by their nature are planned and
				  implemented for a longer term than one year or projects that are unable to be
				  implemented within one calendar year). Projects may be construed as not ready
				  to proceed due to emergencies experienced by the applicant (or the state), or
				  due to construction or other scheduling constraints. Projects will continue to
				  be eligible for loan funding when funded for the first year of a multiyear
				  project effort.
(2)
Application.
Applications for placement on the project
				  priority list shall be accepted by the department on a continuous
				  basis.
(3)
Amendment of
				  project priority list.
The department may amend the project priority
				  list to add eligible projects or remove projects. List adjustment can be done
				  to ensure that the department uses at least 15 percent of each capitalization
				  grant and required state match to provide loan assistance to systems serving
				  fewer than 10,000 persons (allowable under Section 1452(a)(2) of SDWA), to the
				  extent that there are a sufficient number of eligible projects to
				  fund.
(4)
Preliminary
				  engineering study requirements.
To be eligible for placement on the
				  project priority list for a construction loan, the water system must have a
				  preliminary engineering study of potential system needs (e.g., a "planning"
				  study) approved by the department, and must submit to the director a written
				  application for placement on the list. The application must include:
a. A description of the type of project for
				  which financial assistance is being requested;
b. The amount of financial assistance being
				  requested; and
c. A proposed
				  project construction schedule.
Application shall be made on the form from the DWSRF
					 application package provided by the department; the applicant may include
					 additional information in the application. Forms may be obtained from the
					 Environmental Services Division, Iowa Department of Natural Resources, Water
					 Supply Engineering Section, 401 SW 7th Street, Suite M, Des Moines, Iowa 50309,
					 or at
www.iowasrf.com
.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Division B › Chapter 44 - Drinking Water State Revolving Fund › Rule 567-44.8 - Intended Use Plan

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Development.
The director shall prepare an intended use plan
				  (IUP) at least annually and on a quarterly basis as needed. The IUP will be
				  submitted to a public hearing and approved by the commission and U.S.
				  EPA.
(2)
Contents.
The IUP will identify the anticipated uses of loan funds and will include:
a. The state project priority list (defined
				  in rule 44.7(455B)) which includes all projects that are eligible for DWSRF
				  loans and any proposed activities eligible for assistance under set-aside
				  authority of the SDWA. The list will include the name of the eligible
				  recipient, applicable PWS permit number, the projected amount of loan
				  assistance, and a schedule of estimated disbursement of funds. The department
				  will consider the following in developing the list of eligible recipients for
				  the intended use plan:
(1) Whether a project
				  will be ready to proceed on a schedule consistent with time requirements for
				  outlay of funds; and
(2) Whether
				  the project addresses the need upon which the system's priority is
				  based.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Division B › Chapter 44 - Drinking Water State Revolving Fund › Rule 567-44.9 - Department Initial Approval of Projects

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Project initiation
				  conference.
The department may require the applicant or the
				  applicant's representative to meet at a location designated by the
				  department.
(2)
Required
				  project information.
An applicant seeking financial assistance from
				  the DWSRF for a construction project must provide the following information to
				  the director for review and approval:
a.
				  Plans and specifications must be signed by a professional engineer holding
				  current license to practice in Iowa.
b. Plans and specifications must be
				  consistent with the project identified in the application submitted pursuant to
				  subrule 44.7(5).
c. The planned
				  project must be described in full, and the construction requirements necessary
				  to complete the project as proposed must be detailed.
d. The project submittal shall include the
				  latest engineering cost estimate for the project.
e. The plans and specifications shall comply
				  with all applicable state statutes, rules, and design standards.
f. Those portions of projects not meeting
				  eligibility requirements may be excluded from the funded project, but included
				  in the submitted plans and specifications if the applicant chooses to keep the
				  loan-ineligible part of the project as part of the overall system improvement.
				  Ineligible portions of projects include but are not limited to dams, water
				  rights, monitoring costs, operation and maintenance expenses, projects designed
				  primarily in anticipation of speculative growth, and projects needed primarily
				  for fire protection.
g. The
				  applicant has demonstrated its ability to provide the necessary legal,
				  institutional, managerial, and financial capability to complete the
				  project.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Division B › Chapter 44 - Drinking Water State Revolving Fund › Rule 567-44.10 - General Administrative Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Allowable costs.
Allowable costs shall be limited to those costs deemed necessary, reasonable,
				  and directly related to the efficient completion of the project. The director
				  will determine project costs eligible for state assistance in accordance with
				  rule 567-446. (455B). Land purchase,
				  easement, or rights-of-way costs are ineligible with the exception of land
				  which is integral to a project needed to meet or maintain public health
				  protection and which is needed to locate eligible treatment or distribution
				  works. Source water protection easements are considered to be integral to a
				  project. (The acquisition of land or easements has to be from a willing
				  seller.) In addition to those costs identified in this chapter, unallowable
				  costs include the following:
a. Costs of
				  service lines, except lead-containing service lines and connectors which are
				  exterior to a home.
b. Costs of
				  in-house plumbing.
c.
				  Administrative costs of the loan recipient.
d. Vehicles and tools.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Division B › Chapter 44 - Drinking Water State Revolving Fund › Rule 567-44.12 - Construction Phase and Postconstruction Phase Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Estimated project completion
				  date.
The loan recipient must notify the director of the estimated
				  project completion date. A final inspection of the project may be performed by
				  the director to verify that construction is complete (except for
				  weather-related items) and conforms with the approved plans and specifications
				  and all approved change orders.
(2)
Adequate project performance.
The department shall undertake
				  measures to discern adequate project performance as follows:
a. Three months after initiation of operation
				  of the project, the loan recipient must certify to the director that the
				  project is operating as planned and designed. This certification must be made
				  on a form provided by and approved by the department.
b. If the loan recipient is unable to certify
				  that the project is operating as planned and designed, the recipient must
				  submit a corrective action report to the director for review and approval. An
				  acceptable corrective action report must contain an analysis of the project's
				  failure to operate as designed; a discussion of the nature, scope, and cost of
				  the action needed to correct the failure; and a schedule for completing the
				  corrective work.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Division B › Chapter 44 - Drinking Water State Revolving Fund › Rule 567-44.13 - Sanctions

Current through Register Vol. 47, No. 3, July 24, 2024
Failure of a project to conform to approved plans and
					 specifications or failure of a loan recipient to comply with the requirements
					 of 567-Chapter 40 through 567-Chapter 44 pertaining to drinking water supply
					 systems constitutes grounds for the withholding of loan disbursements. The loan
					 recipient is then responsible for ensuring that the identified problem either
					 in the plans and specifications or in the other relevant portion of the project
					 is rectified such that disbursements may be resumed. Once an agreement for
					 correcting the conditions which led to the withholding of funds is reached
					 between the department and the loan recipient, the retained funds shall be
					 released according to the provisions of the agreement.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Division B › Chapter 44 - Drinking Water State Revolving Fund › Rule 567-44.14 - Disputes

Current through Register Vol. 47, No. 3, July 24, 2024
A person or entity that disagrees with the project
					 rankings, department decisions, or the withholding of project funding pursuant
					 to rule
					 567-447.
					 (455B),
					 567-448.
					 (455B), or
					 567-4413. (455B) may
					 request a formal review of the action. The person or entity must submit to the
					 director a request for review in writing within 45 days of the date of
					 notification of the final decision made by the department or department staff.
					 A decision by the director in a formal review case may be further appealed to
					 the commission.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Division B › Chapter 49 - Nonpublic Water Supply Wells › Rule 567-49.1 - Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
The purpose of this chapter is to protect the public health
					 by protecting groundwater supplies from contamination by establishing uniform
					 minimum standards and methods for well construction and reconstruction for
					 nonpublic water supply wells. This chapter also provides minimum standards for
					 installation of water well pumps or equipment employed in withdrawing or
					 obtaining water from a well for any use, except monitoring wells, including
					 such seals and safeguards as may be necessary to protect from contamination the
					 water in the aquifer and water being pumped from the well.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Division B › Chapter 49 - Nonpublic Water Supply Wells › Rule 567-49.3 - Applicability

Current through Register Vol. 47, No. 3, July 24, 2024
The provisions contained herein apply to all nonpublic
					 water supply wells constructed for the purpose of domestic, livestock,
					 irrigation, recreation, and commercial or industrial use. They shall also apply
					 to existing water wells undergoing reconstruction.
Ponds and surface water supplies are not covered by these
					 standards. Information regarding use of these sources of water should be sought
					 from the administrative authority prior to the development of the
					 sources.
(1)
Nonconforming
				  well construction installations.
Certified well drilling contractors
				  shall ensure that the reconstruction of nonconforming wells adheres to all
				  applicable provisions of this chapter or to comparable construction or
				  installation requirements approved by the administrative authority.
When any construction or reconstruction is done on a
					 nonconforming feature of a well, that feature shall be upgraded and brought
					 into compliance with the material and installation standards contained in this
					 chapter.
(2)
Nonconforming water system installations.
Certified pump
				  installers shall ensure that the reconstruction or repair of nonconforming
				  water systems adheres to all applicable provisions of this chapter or to
				  construction or installation requirements approved by the administrative
				  authority. When pump services are to be performed on a well that has a
				  contamination problem, the well shall be upgraded and shall be brought into
				  compliance with installation standards contained in this chapter. When pump
				  services are to be performed on a well that does not have a contamination
				  problem, the well may be put back into service with nonconforming features.
				  However, the certified installer shall notify the owner of the well in writing
				  of the defects with recommendations as to what should be done to correct these
				  deficiencies.
(3)
Exemptions.
This chapter shall not apply to public water
				  supply wells, horizontal heat pump installations, elevator shafts, underground
				  storage tank monitoring wells as covered under 567-Chapter 135, or monitoring
				  wells for solid waste disposal facilities as covered in 567-Chapter
				  110.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Division B › Chapter 49 - Nonpublic Water Supply Wells › Rule 567-49.4 - General

Current through Register Vol. 47, No. 3, July 24, 2024
The administrative authority shall have the authority to
					 visit well sites during any phase of the work without prior notice. The
					 administrative authority shall by rule require the issuance of permits and the
					 submission of water well logs. No well construction or reconstruction shall be
					 initiated until a permit has been issued by the proper authority. The
					 administrative authority may also require posting of performance bonds and
					 collection and submission of other data. The issuance of permits is covered in
					 567-Chapter 38 and shall be coordinated with the water withdrawal permits
					 issued by the Iowa department of natural resources as covered in 567-Chapters
					 51 and 52. All well services shall be performed by a certified well contractor
					 or the property owner as specified in 567-Chapter 82.
It shall be the responsibility of the certified well
					 contractor to ensure that a well construction permit has been issued prior to
					 initiation of well construction or reconstruction. It shall also be the
					 responsibility of the certified well contractor to ensure that all well
					 services are performed in accordance with the provisions of this
					 chapter.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Division B › Chapter 49 - Nonpublic Water Supply Wells › Rule 567-49.5 - Variances

Current through Register Vol. 47, No. 3, July 24, 2024
Variances to these rules may be granted by the
					 administrative authority if sufficient information is provided to substantiate
					 equal protection and the need for such action. Variance requests and reasoning
					 shall be in writing. Variance approvals or rejections shall also be in writing.
					 Where permitting authority has not been delegated to the county, the department
					 will review and grant or deny any variance requests within that
					 jurisdiction.