Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title II - Air Quality › Division C › Chapter 50 - Scope of Division-definitions-forms-rules of Practice › Rule 567-50.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
Definitions used in this division of these rules are
					 listed in alphabetical order as follows:
"Adequate groundwater supply"
means an
					 aquifer which is capable of providing enough water to satisfy the demands which
					 have been placed on it.
"Administrative resolution"
means the
					 settlement of well interference conflicts by the department according to
					 established rules.
"Agricultural drainage well"
means a
					 vertical opening to an aquifer or permeable substratum which is constructed by
					 any means including but not limited to drilling, driving, digging, boring,
					 using an auger, jetting, washing, or coring, and which is capable of
					 intercepting or receiving surface or subsurface drainage water from land
					 directly or by a drainage system.
"Agricultural drainage well area "
means
					 an area of land where surface or subsurface water drains into an agricultural
					 drainage well directly or through a drainage system connecting to the
					 agricultural drainage well.
"Apparent well interference"
means well
					 interference in a nonregulated well resulting from a permitted use is likely
					 but has not been verified.
"Aquifer"
means a water-bearing geologic
					 formation (soil or rock) of sufficient volume, porosity, and permeability to be
					 capable of yielding a usable quantity of water to a well or spring.
"Bulletin No. 23"
means Technical
					 Bulletin No. 23 entitled "Guidelines for Well Interference Compensation," March
					 1986.
"Certified well contractor "
means a well
					 contractor who has successfully passed an examination prescribed by the
					 department to determine the applicant's qualifications to perform well drilling
					 or pump services or both pursuant to 567-Chapter 82.
"Community public water supply"
means a
					 system for the provision to the public of piped water for domestic use which
					 has at least 15 service connections used by year-round residents or regularly
					 serves at least 25 year-round residents.
"Compensation "
means payment to the
					 owner of a nonregulated well for damages caused by a lowered water level in the
					 well due to withdrawal of water for a permitted use.
"Complainant"
means the owner of a
					 nonregulated well who is suspected of being or has been shown to be adversely
					 affected by well interference.
"Complaint"
means the formal allegation
					 against a permitted water user who is suspected of causing well
					 interference.
"Confined aquifer "
means an aquifer
					 which contains water under pressure overlain by impermeable formations such as
					 clay or shale. In a well penetrating a confined aquifer, pressure will cause
					 water to rise above the top of the aquifer. If the pressure in a confined
					 aquifer is sufficiently great, water will rise above the ground surface and
					 flow from a well, thus resulting in a "flowing artesian well" or a "naturally
					 flowing well."
"Conflict"
means a dispute between a
					 nonregulated well owner and a permitted water user regarding the liability of
					 the permitted user for well interference damages to the nonregulated
					 well.
"Consumptive use "
means any use of water
					 which involves substantial evaporation, transpiration, incorporation of water
					 into a product or removal of water from a source without return thereto.
					 Consumptive uses include, but are not limited to, irrigation, evaporative
					 cooling, and flooding of wildlife areas by withdrawals or diversions from
					 watercourses or aquifers.
"Controlled aquifer test"
means a test,
					 as approved by the department, for pumping from a well at a controlled rate for
					 a specified duration while water levels are accurately measured at given
					 frequencies in the pumping well and other nearby wells which use the same
					 aquifer.
"Designated agricultural drainage well
					 area"
means an agricultural drainage well area in which there is
					 located an anaerobic lagoon or earthen manure storage structure which requires
					 a construction permit under 567-Chapter 65.
"Domestic use "
means a use of water for
					 human consumption and sanitation and public safety (fire protection).
"Drainage system"
means tile lines,
					 laterals, surface inlets, or other improvements which are constructed to
					 facilitate the drainage of land.
"Earthen storage structure "
means an
					 earthen cavity, either covered or uncovered, including but not limited to an
					 anaerobic lagoon or earthen manure storage basin which is used to store manure,
					 sewage, wastewater, industrial waste, or other waste as regulated by the
					 department of natural resources, if stored in a liquid or semiliquid
					 state.
"General crop "
means hay, corn,
					 soybeans, oats, grain sorghum or wheat.
"Industrial use"
means a use of water by
					 manufacturing, processing, commercial, and other industrial facilities
					 incidental to providing a product or a service; excluding domestic use,
					 irrigation use, livestock use, nonindustrial power generation use, and
					 recreational and aesthetic use. Examples include but are not limited to
					 manufacturing, food processing, industrial cooling, excavation and processing
					 of rock and gravel products, commercial laundries, cooling of perishables and
					 electrical power generation other than for public consumption.
"Informal negotiations"
means discussion
					 between a complainant and permittee or applicant regarding settlement of a well
					 interference conflict.
"Informal settlement"
means a resolution
					 of a well interference conflict by informal negotiations between a complainant
					 and permittee or applicant without formal action by the department.
"Irrigation use "
means a use of water
					 which is artificially applied to land to aid the growing of general crops and
					 specialty crops.
"livestock use "
means a use of water in
					 the production of animals such as for drinking, sanitation and cooling.
"Nonregulated well"
means a well used to
					 supply water for a nonregulated use (a use of water less than 25,000 gallons
					 per day which is not required to have a water use permit).
"Permanent storage "
means the volume of
					 water expressed in acre-feet which is stored upstream from a dam or in an
					 impoundment up to the level of the principal outlet works of the
					 structure.
"Permitted use "
means a use of water in
					 excess of 25,000 gallons per day which requires a water use permit pursuant to
					 these rules and 567-Chapters 51 and 52 and Iowa Code chapter 455B, division
					 III, part 4.
"Pesticide "
means
(1) any substance or mixture of substances intended for
					 preventing, destroying, repelling, or mitigating directly or indirectly any
					 insects, rodents, nematodes, fungi, weeds, and other forms of plant or animal
					 life or viruses, except viruses on or in living persons, which the secretary of
					 agriculture shall declare to be a pest; and
(2) any substance intended for use as a plant growth
					 regulator, defoliant, or desiccant.
"Power generation use "
means a use of
					 water incidental to the generation of electric power for distribution and sale
					 to the public including process water (e.g., boiler makeup) and water for
					 cooling purposes.
"Protected flow "
means
					 the
"established average minimum flow "
defined in Iowa Code
					 section
					 455B261..
"Protected source "
means a surface water
					 or groundwater source recognized by rule as needing special protection in order
					 to ensure its long-term availability, in terms of either quality or quantity,
					 or both, to preserve the public health and welfare.
"Recreational and aesthetic use "
means a
					 use of water which can be curtailed and is not essential for the preservation
					 of life, the general welfare, or the state's economic base. Examples include
					 but are not limited to flooding of wildlife areas; filling of pools and
					 fountains; nonessential cooling; car washing; street cleaning; washing of other
					 exterior surfaces such as windows and walls; amusement park-type water rides;
					 turf watering such as lawns, golf courses, and athletic fields; and watering of
					 landscape plantings.
"Seven-day, l-in-10 year low flow (7Q10)"
means the minimum average flow expected to occur during a period of seven
					 consecutive days which has an average recurrence interval of once in ten years.
					 The 7Q10 may be calculated for specific seasonal periods of less than one year
					 when appropriate.
"Specialty crop "
means all other crops
					 not listed as a general crop, including but not limited to melons, sod farm or
					 seed corn.
"Stream"
means
					 a
"watercourse"
other than a lake as defined in Iowa Code
					 section
					 455B261..
"Stream bordering the state "
means those
					 reaches of the Missouri, Mississippi, Des Moines, and Big Sioux rivers that
					 serve as a state boundary.
"Sufficient water supply"
means a
					 nonregulated well which is capable of providing enough water for the
					 nonregulated use.
"Surface water "
means water occurring on
					 the surface of the ground.
"Surface water intake "
means an
					 artificial opening to a drain tile which drains into an agricultural drainage
					 well, if the artificial opening allows surface water to enter the drain tile
					 without filtration through the soil profile.
"Suspect permittee "
means a party
					 possessing a water use permit when the permitted use is suspected of causing
					 well interference in a nonregulated well.
"Test pumping "
means a controlled
					 aquifer test for verification of well interference using the existing wells and
					 pumping systems of the complainant and suspect permittee.
"Verified well interference "
means well
					 interference which has been proven by test pumping or with other substantial
					 evidence to have caused or will cause a nonregulated well to be unable to
					 maintain a sufficient water supply.
"Water use reduction plan"
means a
					 program that establishes numeric water reduction goals (e.g., percent or volume
					 of water per day) on a short-term time frame through either voluntary or
					 mandatory conservation regulatory requirements (e.g., plumbing codes,
					 sprinkling ordinances, et al.) for each customer category (residential,
					 commercial, industrial, landscape irrigation, agricultural, recreational, or
					 other). Such a plan shall include a mechanism for evaluating the system's
					 unaccounted-for water (water audit or the equivalent). An industrial permittee
					 water use reduction plan shall examine reduction of the use of water in heat
					 transfer, use of water in materials transfer, use of water for washing, and use
					 of water as an incorporated ingredient. Each customer category or use category
					 should be evaluated by the permittee. The permittee will then determine how to
					 meet the water reduction goals.
"Well interference "
means the lowering
					 of water level in a well caused by the withdrawal of water at another location
					 (usually a nearby well).