ENVIRONMENTAL PROTECTION COMMISSION[567]
Former Water, Air and Waste Management[900], renamed by 1986 Iowa Acts, chapter 1245, Environmental Protection Commission under the “umbrella” of the Department of Natural Resources.
TITLE I
GENERAL
CHAPTER 1
OPERATION OF ENVIRONMENTAL PROTECTION COMMISSION
1.2(17A,455A) Time of meetings
1.3(17A,455A) Place of meetings
1.4(17A,455A) Notification of meetings
1.5(17A,455A) Attendance and participation by the public
1.6(17A,455A) Quorum and voting requirements
1.7(17A,455A) Conduct of meeting
1.8(17A,455A) Minutes, transcripts, and recordings of meetings
1.9(17A,455A) Officers and duties
1.10(17A,455A) Election and succession of officers
1.11(68B) Sales of goods and services
CHAPTER 2
PUBLIC RECORDS AND FAIR
INFORMATION PRACTICES
(Uniform Rules)
2.1(17A,22) Adoption by reference
CHAPTER 3
SUBMISSION OF INFORMATION AND COMPLAINTS—INVESTIGATIONS
3.1(17A,455B) Adoption by reference
CHAPTER 4
AGENCY PROCEDURE
FOR RULE MAKING
4.1(17A) Adoption by reference
CHAPTER 5
PETITIONS FOR RULE MAKING
5.1(17A) Adoption by reference
6.1(17A) Adoption by reference
CHAPTER 7
RULES OF PRACTICE
IN CONTESTED CASES
7.1(17A) Adoption by reference
CHAPTER 8
CONTRACTS FOR PUBLIC IMPROVEMENTS AND PROFESSIONAL SERVICES
8.1(17A) Adoption by reference
CHAPTER 9
DELEGATION OF CONSTRUCTION
PERMITTING AUTHORITY
9.4(455B) Criteria for authority
CHAPTER 10
ADMINISTRATIVE PENALTIES
10.2(455B) Criteria for screening and assessing administrative penalties
10.3(455B) Assessment of administrative penalties
CHAPTER 11
TAX CERTIFICATION OF POLLUTION CONTROL OR RECYCLING PROPERTY
11.6(427) Criteria for determining eligibility
CHAPTER 12
ENVIRONMENTAL SELF–AUDITS
12.3(455K) Request for extension
12.4(455K) Disclosure of violation
CHAPTER 13
WAIVERS OR VARIANCES FROM ADMINISTRATIVE RULES
13.1(17A) Adoption by reference
13.2(17A) Report to commission
CHAPTER 14
ENVIRONMENTAL COVENANTS
14.2(455B,455H) Environmental covenants
14.3(455B,455H) Supporting documentation
14.4(455B,455H) Recording and approval
14.5(455B,455H) Mandatory provisions
14.6(455B,455H) Optional provisions
14.7(455B,455H) Modification and termination
14.8(455B,455H) Signatories to the environmental covenant
TITLE II
AIR QUALITY
CHAPTER 20
SCOPE OF TITLE—DEFINITIONS—
FORMS—RULES OF PRACTICE
20.3(455B) Air quality forms generally
21.1(455B) Compliance schedule
21.3(455B) Emission reduction program
21.4(455B) Circumvention of rules
21.5(455B) Evidence used in establishing that a violation has or is occurring
CHAPTER 22
CONTROLLING POLLUTION
22.1(455B) Permits required for new or existing stationary sources
22.2(455B) Processing permit applications
22.5(455B) Special requirements for nonattainment areas
22.6(455B) Nonattainment area designations
22.7(455B) Alternative emission control program
22.9(455B) Special requirements for visibility protection
22.100(455B) Definitions for Title V operating permits
22.101(455B) Applicability of Title V operating permit requirements
22.102(455B) Source category exemptions
22.103(455B) Insignificant activities
22.104(455B) Requirement to have a Title V permit
22.105(455B) Title V permit applications
22.106(455B) Title V permit fees
22.107(455B) Title V permit processing procedures
22.110(455B) Changes allowed without a Title V permit revision
22.111(455B) Administrative amendments to Title V permits
22.112(455B) Minor Title V permit modifications
22.113(455B) Significant Title V permit modifications
22.114(455B) Title V permit reopenings
22.115(455B) Suspension, termination, and revocation of Title V permits
22.116(455B) Title V permit renewals
22.120(455B) Acid rain program—definitions
22.121(455B) Measurements, abbreviations, and acronyms
22.123(455B) Acid rain exemptions
22.125(455B) Standard requirements
22.126(455B) Designated
representative—
submissions
22.127(455B) Designated
representative—
objections
22.128(455B) Acid
rain applications—
requirement to apply
22.129(455B) Information requirements for acid rain permit applications
22.130(455B) Acid rain permit application shield and binding effect of permit application
22.131(455B) Acid rain compliance plan and compliance options—general
22.133(455B) Acid
rain permit contents—
general
22.134(455B) Acid rain permit shield
22.135(455B) Acid rain permit issuance procedures—general
22.136(455B) Acid rain permit issuance procedures—completeness
22.137(455B) Acid rain permit issuance procedures—statement of basis
22.138(455B) Issuance of acid rain permits
22.139(455B) Acid rain permit appeal procedures
22.140(455B) Permit revisions—general
22.141(455B) Permit modifications
22.142(455B) Fast–track modifications
22.143(455B) Administrative permit amendment
22.144(455B) Automatic permit amendment
22.145(455B) Permit reopenings
22.146(455B) Compliance
certification—
annual report
22.148(455B) Sulfur dioxide opt–ins
22.200(455B) Definitions for voluntary operating permits
22.201(455B) Eligibility for voluntary operating permits
22.202(455B) Requirement to have a Title V permit
22.203(455B) Voluntary operating permit applications
22.204(455B) Voluntary operating permit fees
22.205(455B) Voluntary operating permit processing procedures
22.207(455B) Relation to construction permits
22.208(455B) Suspension, termination, and revocation of voluntary operating permits
22.209(455B) Change of ownership for facilities with voluntary operating permits
22.300(455B) Operating permit by rule for small sources
CHAPTER 23
EMISSION STANDARDS
FOR CONTAMINANTS
23.3(455B) Specific contaminants
23.6(455B) Alternative emission limits (the “bubble concept”)
24.1(455B) Excess emission reporting
24.2(455B) Maintenance and repair requirements
CHAPTER 25
MEASUREMENT OF EMISSIONS
25.1(455B) Testing and sampling of new and existing equipment
25.2(455B) Continuous emission monitoring under the acid rain program
25.3(455B) Continuous emission monitoring under the Clean Air Mercury Rule (CAMR)
CHAPTER 26
PREVENTION OF AIR POLLUTION
EMERGENCY EPISODES
26.3(455B) Preplanned abatement strategies
26.4(455B) Actions taken during episodes
CHAPTER 27
CERTIFICATE OF ACCEPTANCE
27.2(455B) Certificate of acceptance
27.3(455B) Ordinance or regulations
27.4(455B) Administrative organization
CHAPTER 28
AMBIENT AIR QUALITY STANDARDS
28.1(455B) Statewide standards
CHAPTER 29
QUALIFICATION IN VISUAL DETERMINATION OF THE
OPACITY OF EMISSIONS
29.1(455B) Methodology and qualified observer
CHAPTER 31
NONATTAINMENT AREAS
31.1(455B) Permit requirements relating to nonattainment areas
CHAPTER 32
ANIMAL FEEDING OPERATIONS
FIELD STUDY
32.1(455B) Animal feeding operations field study
32.3(455B) Exceedance of the health effects value (HEV) for hydrogen sulfide
32.4(455B) Exceedance of the health effects standard (HES) for hydrogen sulfide
32.5(455B) Iowa Air Sampling Manual
33.4(455B) to 33.8(455B) Reserved
33.9(455B) Plantwide applicability limitations (PALs)
33.10(455B) Exceptions to adoption by reference
CHAPTER 34
PROVISIONS FOR AIR QUALITY EMISSIONS TRADING PROGRAMS
34.201(455B) CAIR NOx annual trading program general provisions
34.202(455B) CAIR designated representative for CAIR NOx sources
34.205(455B) CAIR NOx allowance allocations
34.206(455B) CAIR NOx allowance tracking system
34.207(455B) CAIR NOx allowance transfers
34.208(455B) Monitoring and reporting
34.209(455B) CAIR NOx opt–in units
34.210(455B) CAIR SO2 trading program
34.220(455B) CAIR NOx ozone season trading program
34.221(455B) CAIR NOx ozone season trading program general provisions
34.222(455B) CAIR designated representative for CAIR NOx ozone season sources
34.223(455B) CAIR NOx ozone season permits
34.225(455B) CAIR NOx ozone season allowance allocations
34.226(455B) CAIR NOx ozone season allowance tracking system
34.227(455B) CAIR NOx ozone season allowance transfers
34.228(455B) CAIR NOx ozone season monitoring and reporting
34.229(455B) CAIR NOx ozone season opt–in units
34.301(455B) Mercury (Hg) budget trading program general provisions
34.302(455B) Hg designated representative for Hg budget sources
34.303(455B) General Hg budget trading program permit requirements
34.304(455B) Hg allowance allocations
34.305(455B) Hg allowance tracking system
34.306(455B) Hg allowance transfers
34.307(455B) Monitoring and reporting
34.308(455B) Performance specifications
TITLE III
WITHDRAWAL, DIVERSION,
STORAGE AND USE OF WATER
DIVISION A
WATER WELL CONSTRUCTION: GENERAL STANDARDS AND REGISTRATION OF CONTRACTORS
CHAPTER 38
PRIVATE WATER WELL
CONSTRUCTION PERMITS
38.4(455B) Form of application
38.6(455B) Well maintenance and reconstruction
38.8(455B) Permit issuance and conditions
38.10(455B) Expiration of a permit
38.12(455B) Denial of a permit
38.13(455B) Appeal of a permit denial
38.15(455B) Delegation of authority to county board of supervisors
38.16(455B) Concurrent authority of the department
38.17(455B) Revocation of delegation agreement
CHAPTER 39
REQUIREMENTS FOR PROPERLY PLUGGING ABANDONED WELLS
39.5(455B) Abandoned well plugging schedule
39.6(455B) Abandoned well owner responsibilities
39.7(455B) Abandoned well plugging materials
39.8(455B) Abandoned well plugging procedures
39.10(455B) Designation of standby wells
DIVISION B
DRINKING WATER
CHAPTER 40
SCOPE OF DIVISION—DEFINITIONS—
FORMS—RULES OF PRACTICE
40.4(17A,455B) Public water supply construction permit application procedures
40.5(17A,455B) Public water supply operation permit application procedures
40.6(455B) Drinking water state revolving fund loan application procedures
40.7(455B) Viability assessment procedures
41.1(455B) Primary
drinking water
regulations—coverage
41.2(455B) Biological maximum contaminant levels (MCL) and monitoring requirements
41.4(455B) Lead, copper, and corrosivity
41.6(455B) Disinfection byproducts maximum contaminant levels and monitoring requirements
41.11(455B) Special monitoring
41.12(455B) Alternative analytical techniques
41.13(455B) Monitoring of interconnected public water supply systems
41.14(455B) Department analytical results used to determine compliance
41.15(455B) Monitoring of other contaminants
42.1(455B) Public notification
42.2(455B) Public education for lead action level exceedance
42.3(455B) Consumer confidence reports
CHAPTER 43
WATER SUPPLIES—DESIGN
AND OPERATION
43.1(455B) General information
43.3(455B) Public water supply system construction
43.4(455B) Certification of completion
43.6(455B) Residual disinfectant and disinfection byproduct precursors
43.7(455B) Lead and copper treatment techniques
43.8(455B) Viability assessment
CHAPTER 44
DRINKING WATER
STATE REVOLVING FUND
44.1(455B) Statutory authority
44.7(455B) Project point ranking system (project priority list)
44.9(455B) Department initial approval of projects
44.10(455B) General administrative requirements
44.12(455B) Construction phase and postconstruction phase requirements
CHAPTER 49
NONPUBLIC WATER SUPPLY WELLS
49.7(455B) General construction requirements
49.8(455B) Types of well construction
49.10(455B) Well reconstruction
49.11(455B) Disposal of drilling mud
49.12(455B) Pumps and pumping equipment
49.15(455B) Pitless adapters and pitless units
49.16(455B) Well caps and seals
49.18(455B) Underground piping
49.19(455B) Underground wiring
49.21(455B) Hydropneumatic (pressure) tanks
49.22(455B) Electrical connections
49.23(455B) Interconnections and cross connections
49.24(455B) Backflow prevention for chemical injection systems for nonpotable water wells
49.25(455B) Filters and water treatment equipment
49.27(455B) Water sampling and analysis
49.28(455B) Abandonment of wells
49.29(455B) Closed circuit vertical heat exchangers
DIVISION C
WITHDRAWAL, DIVERSION AND STORAGE
OF WATER: WATER RIGHTS ALLOCATION
CHAPTER 50
SCOPE OF DIVISION—DEFINITIONS—
FORMS—RULES OF PRACTICE
50.3(17A,455B) Forms for withdrawal, diversion or storage of water
50.4(17A,455B) How to request a permit
50.5(455B) Initial screening of applications
50.6(17A,455B) Supporting information
50.7(17A,455B) Review of complete applications
50.8(17A,455B) Initial decision by the department
50.9(17A,455B) Appeal of initial decision
CHAPTER 51
WATER PERMIT OR REGISTRATION—
WHEN REQUIRED
51.3(455B) Diversion from surface into aquifer
51.5(455B) Cooling/heating systems
51.7(455B) Excavation and processing of rock and gravel products
51.8(159) Agricultural drainage wells
CHAPTER 52
CRITERIA AND CONDITIONS
FOR AUTHORIZING WITHDRAWAL,
DIVERSION AND STORAGE OF WATER
52.2(455B) Conditions on permitted water uses
52.3(455B) Conditions on withdrawals from streams
52.4(455B) Conditions on withdrawals from groundwater sources
52.5(455B) Duration of permits for withdrawal or diversion of water
52.6(455B) Monitoring, recording and reporting of water use and effects on water source
52.7(455B) Modification, cancellation, and emergency suspension of permits
52.8(455B) Designated protected flows of streams
52.10(455B) Priority allocation restrictions
52.11(455B) Plugging of abandoned wells
52.20(455B) Water storage permits
52.21(455B) Permits to divert water to an agricultural drainage well
53.2(455B) Designation of protected sources
53.3(455B) Purposes of designating a protected source
53.4(455B) Designation procedure
53.5(455B) Information requirements for applications to withdraw water from protected sources
53.6(455B) Conditions in permits for withdrawals of water from a protected source
53.7(455B) List of protected water sources
54.2(455B) Requirements for informal negotiations
54.3(455B) Failure to cooperate
54.4(455B) Well interference by proposed withdrawals
54.5(455B) Well interference by existing permitted uses
54.6(455B) Verification of well interference
54.7(455B) Settlement procedures
54.8(455B) Recurring complaints
55.1(455B) Statutory authority
55.5(455B) Application processing
55.6(455B) Aquifer storage and recovery technical evaluation criteria
TITLE IV
WASTEWATER TREATMENT
AND DISPOSAL
CHAPTER 60
SCOPE OF TITLE—DEFINITIONS—FORMS—RULES OF PRACTICE
60.4(455B,17A) Application procedures and requirements generally
CHAPTER 61
WATER QUALITY STANDARDS
water quality standards
61.2(455B) General considerations
61.3(455B) Surface water quality criteria
volunteer monitoring data requirements
61.11(455B) Monitoring plan required
61.12(455B) Use of volunteer monitoring data
61.13(455B) Department audits of volunteer monitoring activities
CHAPTER 62
EFFLUENT AND PRETREATMENT
STANDARDS: OTHER EFFLUENT
LIMITATIONS OR PROHIBITIONS
62.1(455B) Prohibited discharges
62.2(455B) Exemption of adoption of certain federal rules from public participation
62.4(455B) Federal effluent and pretreatment standards
62.5(455B) Federal toxic effluent standards
62.7(455B) Effluent limitations less stringent than the effluent limitation guidelines
62.9(455B) Disposal of pollutants into wells
CHAPTER 63
MONITORING, ANALYTICAL AND
REPORTING REQUIREMENTS
63.1(455B) Guidelines establishing test procedures for the analysis of pollutants
63.2(455B) Records of monitoring activities and results
63.3(455B) Minimum self–monitoring requirements in permits
63.4(455B) Effluent toxicity testing requirements in permits
63.5(455B) Self–monitoring and reporting for animal feeding operations
63.7(455B) Submission of records of operation
63.8(455B) Frequency of submitting records of operation
63.9(455B) Content of records of operation
63.10(455B) Records of operation forms
63.11(455B) Certification and signatory requirements in the submission of records of operation
CHAPTER 64
WASTEWATER CONSTRUCTION
AND OPERATION PERMITS
64.2(455B) Permit to construct
64.4(455B) Issuance of NPDES permits
64.5(455B) Notice and public participation in the individual NPDES permit process
64.6(455B) Completing a Notice of Intent for coverage under a general permit
64.7(455B) Terms and conditions of NPDES permits
64.8(455B) Reissuance of NPDES permits
64.9(455B) Monitoring, record keeping and reporting by operation permit holders
64.10(455B) Silvicultural activities
64.13(455B) Storm water discharges
64.15(455B) General permits issued by the department
CHAPTER 65
ANIMAL FEEDING OPERATIONS
DIVISION I
CONFINEMENT FEEDING OPERATIONS
65.2(455B) Minimum manure control requirements and reporting of releases
65.3(455B) Requirements and recommended practices for land application of manure
65.4(455B) Operation permit required
65.5(455B) Departmental evaluation
65.7(455B) Construction permits
65.9(455B) Construction permit application
65.11(455B) Confinement feeding operation separation distance requirements
65.12(455B) Exemptions to confinement feeding operation separation distance requirements
65.15(455B) Manure storage structure design requirements
65.16(455B) Manure management plan requirements
65.17(459) Manure management plan content requirements
65.18(455B) Construction certification
65.19(455B) Manure applicators certification
65.20(455B) Manure storage indemnity fund
65.21(455B) Transfer of legal responsibilities or title
DIVISION II
OPEN FEEDLOT OPERATIONS
65.100(455B,459,459A) Definitions
65.101(459A) Minimum open feedlot effluent control requirements and reporting of releases
65.102(455B,459A) NPDES permits required for CAFOs
65.103(455B,459A) Departmental evaluation; CAFO designation; remedial actions
65.104(455B,459A) NPDES permits
65.105(459A) Construction permits
65.107(459A) Construction permit application
65.108(455B,459A) Well separation distances for open feedlot operations
65.110(459A) AT systems—design requirements
65.111(459A) Construction certification
65.112(459A) Nutrient management plan requirements
65.113(459A) Complaint investigations
65.114(455B,459A) Transfer of legal responsibilities or title
CHAPTER 66
PESTICIDE APPLICATION TO WATERS
CHAPTER 67
STANDARDS FOR THE LAND
APPLICATION OF SEWAGE SLUDGE
67.1(455B) Land application of sewage sludge
67.3(455B) Sampling and analysis
67.4(455B) Land application program
67.5(455B) Special definitions
67.6(455B) Permit requirements
67.7(455B) Land application requirements for Class I sewage sludge
67.8(455B) Land application requirements for Class II sewage sludge
67.9(455B) Class III sewage sludge
67.10(455B) Sampling and analytical methods
67.11(455B) Pathogen treatment processes
CHAPTER 68
COMMERCIAL SEPTIC TANK CLEANERS
68.1(455B) Purpose and applicability
68.3(455B) Licensing requirements
68.4(455B) Licensing procedures
68.5(455B) Suspension, revocation and denial of license
68.6(455B) Licensee’s obligations
68.8(455B) Application sites and equipment inspections
68.9(455B) Standards for commercial cleaning of private sewage disposal systems
68.10(455B) Standards for disposal
CHAPTER 69
ONSITE WASTEWATER TREATMENT
AND DISPOSAL SYSTEMS
69.2(455B) Requirements when effluent is discharged into surface water
69.3(455B) Requirements when discharged into the soil
69.5(455B) Primary treatment—septic tanks
69.6(455B) Secondary treatment—subsurface absorption systems
69.9(455B) Intermittent sand filters
69.10(455B) Individual mechanical aerobic wastewater treatment systems
69.11(455B) Constructed wetlands
69.12(455B) Waste stabilization ponds
69.13(455B) Requirements for impervious vault toilets
69.14(455B) Requirements for portable toilets
69.15(455B) Requirements for chemical toilets
69.16(455B) Other methods of wastewater disposal
69.17(455B) Disposal of septage from onsite wastewater treatment and disposal systems
69.18(455B) Alternative or innovative onsite wastewater treatment and disposal systems
TITLE V
FLOOD PLAIN DEVELOPMENT
CHAPTER 70
SCOPE OF TITLE—DEFINITIONS—
FORMS—RULES OF PRACTICE
70.1(455B,481A) Scope of title
70.4(17A,455B,481A) Requesting approval of flood plain development
70.5(17A,455B,481A) Procedures for review of applications
70.6(17A,455B,481A) Appeal of initial decision
CHAPTER 71
FLOOD PLAIN OR FLOODWAY
DEVELOPMENT—WHEN APPROVAL
IS REQUIRED
71.1(455B) Bridges, culverts, temporary stream crossings, and road embankments
71.5(455B) Waste or water treatment facilities
71.7(455B) Buildings and associated fill
71.9(455B) Stream bank protective devices
71.13(455B) Animal feeding operation structures
CHAPTER 72
CRITERIA FOR APPROVAL
DIVISION I
SPECIAL CRITERIA FOR VARIOUS TYPES
OF FLOOD PLAIN DEVELOPMENT
72.1(455B) Bridges and road embankments
72.6(455B) Wastewater treatment facilities
72.8(455B) Water supply treatment facilities
72.9(455B) Stream protective devices
72.10(455B) Pipeline river or stream crossings
72.11(455B) Miscellaneous construction
72.13(455B) Animal feeding operation structures
DIVISION II
GENERAL CRITERIA
72.30(455B) General conditions
72.32(455B) Protected stream information
DIVISION III
PROTECTED STREAM DESIGNATION PROCEDURE
72.51(455B) Protected stream designation procedure
72.52(455B) Protected stream declassification procedure
CHAPTER 73
USE, MAINTENANCE, REMOVAL,
INSPECTIONS, AND SAFETY OF DAMS
DIVISION I
USE AND MAINTENANCE OF DAMS
73.1(455B,481A) Operating plan for dams with movable structures
73.2(455B,481A) Raising or lowering of impoundment levels
DIVISION II
ABANDONMENT AND REMOVAL OF DAMS
73.10(455B,481A) Abandonment prohibited
73.11(455B,481A) Removal of dams
DIVISION III
INSPECTION OF DAMS
73.20(455B,481A) Scope and purposes of dam safety inspection program
73.21(455B,481A) Types of inspections; when inspections are made
73.22(455B,481A) Duty of dam owner to maintain, investigate, inspect and report
73.23(455B,481A) Special inspections and investigations
73.24(455B,481A) Inspection by others
73.25(455B,481A) Access for inspections a condition of construction approval
73.26(455B,481A) Inspection reports
DIVISION IV
DESIGNATION OF UNSAFE DAMS
73.30(455B,481A) Procedures for designation of a dam as unsafe
73.31(455B,481A) Criteria for designating a dam as unsafe
73.32(455B,481A) Agency action concerning an unsafe dam
CHAPTER 75
MANAGEMENT OF SPECIFIC
FLOOD PLAIN AREAS
75.1(455B) Applicability and purposes of chapter
75.2(455B) Flooding characteristics
75.4(455B) Establishment of a floodway
75.5(455B) Minimum standards for flood plain and floodway uses
75.6(455B) Preexisting nonconforming development and associated uses
75.7(335,414,455B) Delegation of authority to local governments by approval of local regulations
75.8(335,414,455B) Review and approval of variances from local regulations
CHAPTER 76
FEDERAL WATER RESOURCE PROJECTS
76.1(455B) Referral of federal project
76.2(455B) Solicitation of comments
76.4(455B) Formulation of comments
76.5(455B) Transmittal of comments
TITLE VI
CERTIFICATION OF OPERATORS
CHAPTER 81
OPERATOR CERTIFICATION:
PUBLIC WATER SUPPLY SYSTEMS AND WASTEWATER TREATMENT SYSTEMS
81.3(455B) Wastewater treatment plant grades
81.4(455B) Water treatment plant grades
81.5(455B) Water distribution system grades
81.6(455B) Grade A classification
81.7(455B) Operator education and experience qualifications
81.8(455B) Certification and examination fees
81.10(455B) Certification by examination
81.11(455B) Certification by reciprocity
81.12(455B) Restricted and temporary certification
81.13(455B) Certification renewal
81.14(455B,272C) Continuing education
81.15(455B) Upgrading of certificates
81.16(455B) Operator by affidavit
81.17(455B,272C) Disciplinary actions
CHAPTER 82
WELL CONTRACTOR CERTIFICATION
82.3(455B) Classification of well contractors
82.6(455B) Experience requirements
82.7(455B) Certification and examination fees
82.9(455B) Certification by examination
82.10(455B) Certification renewal
82.11(455B) Continuing education
82.12(455B) Certified well contractor obligations
82.13(455B) Disciplinary actions
82.14(455B,272C) Revocation of certificates
CHAPTER 83
LABORATORY CERTIFICATION
PART A
GENERAL
83.1(455B) Authority, purpose, and applicability
PART B
CERTIFICATION PROCESS
83.3(455B) Application for laboratory certification
83.5(455B) Procedures for certification of new laboratories or changes in certification
83.6(455B) Laboratory recertification
83.7(455B) Criteria and procedure for provisional, suspended, and revoked laboratory certification
TITLE VII
water pollution control state revolving fund
CHAPTER 90
SCOPE OF TITLE—DEFINITIONS—FORMS
91.1(455B) Statutory authority
91.3(455B) Purpose of water pollution control state revolving fund
91.6(455B) General information—priority rating system
91.8(455B) Project priority rating system
91.9(455B) Livestock water quality facilities priority rating criteria system
91.10(455B) Local water protection projects rating system
91.11(455B) General nonpoint source projects rating system
CHAPTER 92
CLEAN WATER STATE REVOLVING FUND
92.1(455B) Statutory authority
92.6(455B) Intended use plan management
92.7(455B) Point source project procedures
92.8(455B) Point source project requirements
CHAPTER 93
NONPOINT SOURCE POLLUTION CONTROL SET–ASIDE PROGRAMS
93.1(455B,466) Statutory authority
93.4(455B,466) Onsite wastewater system assistance program
93.5(455B) Livestock water quality facilities requirements
93.6(455B) Local water protection project requirements
93.7(455B) General nonpoint source project requirements
TITLE VIII
SOLID WASTE MANAGEMENT
AND DISPOSAL
CHAPTER 100
SCOPE OF TITLE—DEFINITIONS—
FORMS—RULES OF PRACTICE
100.1(455B,455D) Scope of title
100.3(17A,455B) Forms and rules of practice
100.4(455B) General conditions of solid waste disposal
100.5(455B) Disruption and excavation of sanitary landfills or closed dumps
CHAPTER 101
SOLID WASTE COMPREHENSIVE PLANNING REQUIREMENTS
101.1(455B,455D) Purpose and applicability
101.3(455B,455D) Waste management hierarchy
101.4(455B,455D) Duties of cities and counties
101.5(455B,455D) Contracts with permitted agencies
101.6(455B,455D) State volume reduction and recycling goals
101.7(455B,455D) Base year adjustment method
101.8(455B,455D) Submittal of initial comprehensive plans and comprehensive plan updates
101.9(455B,455D) Review of initial comprehensive plans and comprehensive plan updates
101.10(455B,455D) Municipal solid waste and recycling survey
101.11(455B,455D) Online database
101.12(455B,455D) Solid waste comprehensive plan categories
101.13(455B,455D) Types of comprehensive plan submittals to be filed
101.14(455B,455D) Fees for disposal of solid waste at sanitary landfills
102.3(455B) Applications for permits
102.4(455B) Preparation of plans
102.5(455B) Construction and operation
102.6(455B) Compliance with rule changes
102.8(455B) Transfer of title and permit
102.10(455B) Effect of revocation
102.11(455B) Inspection prior to start–up
102.12(455B) Primary plan requirements for all sanitary disposal projects
102.13(455B) Operating requirements for all sanitary disposal projects
102.14(455B) Emergency response and remedial action plans
CHAPTER 103
SANITARY LANDFILLS:
Coal combustion residue
103.1(455B) Coal combustion residue landfills
103.2(455B) Emergency response and remedial action plans
103.3(455B) Coal combustion residue sanitary landfill financial assurance
CHAPTER 104
SANITARY DISPOSAL PROJECTS
WITH PROCESSING FACILITIES
104.1(455B) Scope and applicability
104.2(455B) Dumping or holding floors or pits
104.3(455B) Compaction equipment
104.5(455B) Hydropulping or slurrying equipment
104.7(455B) Metals separation equipment
104.9(455B) Storage containers and facilities
104.10(455B) Operating requirements for all processing facilities
104.11(455B) Closure requirements
104.21(455B) Specific design requirements
104.22(455B) Specific operating requirements for all recycling operations
104.23(455B) Recycling operations processing paper, cans, and bottles
104.24(455B) Closure requirements
104.25(455B) Operator certification
104.26(455D) Financial assurance for solid waste processing facilities
CHAPTER 105
ORGANIC MATERIALS COMPOSTING FACILITIES
105.4(455B,455D) Specific requirements for yard waste composting facilities
105.5(455B,455D) Small composting facilities receiving off–premises materials
105.6(455B,455D) Specific requirements for composting of dead farm animals
105.7(455B,455D) Permit requirements for solid waste composting facilities
105.8(455B,455D) Permit application requirements for solid waste composting facilities
105.9(455B,455D) Specific operating requirements for permitted solid waste composting facilities
105.10(455B,455D) Operator certification for permitted solid waste composting facilities
105.11(455B,455D) Record–keeping requirements for solid waste composting facilities
105.12(455B,455D) Reporting requirements for solid waste composting facilities
105.13(455B,455D) Closure requirements for solid waste composting facilities
105.14(455B,455D) Composting facility financial assurance
CHAPTER 106
CITIZEN CONVENIENCE CENTERS AND TRANSFER STATIONS
106.3(455B) Citizen convenience center and transfer station permits
106.4(455B) Citizen convenience center permit application requirements
106.5(455B) Citizen convenience center operations
106.6(455B,455D) Citizen convenience center reporting requirements
106.7(455B) Citizen convenience center closure requirements
106.8(455B) Transfer station permit application requirements
106.9(455B) Transfer station siting and location requirements
106.10(455B) Transfer station design standards
106.11(455B) Transfer station operating requirements
106.12(455B) Temporary solid waste storage at transfer stations
106.13(455B,455D) Transfer station record–keeping requirements
106.14(455B,455D) Transfer station reporting requirements
106.15(455B) Solid waste transport vehicle construction and maintenance requirements
106.16(455B) Solid waste transport vehicle operation requirements
106.17(455B) Transfer station closure requirements
106.18(455B) Citizen convenience center and transfer station financial assurance
106.19(455B) Emergency response and remedial action plans
CHAPTER 107
BEVERAGE CONTAINER DEPOSITS
107.3(455C) Labeling requirements
107.4(455C) Redemption centers
107.5(455C) Redeemed containers—use
107.7(455C) Redeemed containers must be reasonably clean
107.8(455C) Interpretive rules
107.9(455C) Pickup and acceptance of redeemed containers
107.10(455C) Dealer agent lists
107.11(455C) Refund value stated on containers—exceptions
107.13(455C) Refusing payment when a distributor discontinues a specific beverage product
107.14(455C) Payment of refund value
107.15(455C) Sales tax on deposits
108.2(455B,455D) Applicability and compliance
108.4(455B,455D) Universally approved beneficial use determinations
108.6(455B,455D) Requirements for beneficial uses other than alternative cover material
108.8(455B,455D) Universally approved beneficial use determinations for alternative cover material
108.10(455B,455D) Beneficial use of alternative cover material and state goal progress
108.11(455B,455D) Revocation of beneficial use determinations
CHAPTER 109
SPECIAL WASTE AUTHORIZATIONS
109.2(455B,455D) Special waste authorization required
109.7(455B,455D) Landfill responsibilities
109.8(455B,455D) Special waste generator responsibilities
109.9(455B,455D) Infectious waste
109.10(455B,455D) Other special wastes
109.11(455B,455D) Conditions and requirements for the disposal of general special wastes
CHAPTER 110
HYDROGEOLOGIC INVESTIGATION AND MONITORING REQUIREMENTS
110.2(455B) Hydrologic monitoring system planning requirements
110.3(455B) Soil investigation
110.4(455B) Hydrogeologic investigation
110.5(455B) Hydrologic monitoring system planning report requirements
110.6(455B) Evaluation of hydrogeologic conditions
110.7(455B) Monitoring system plan
110.9(455B) Monitoring well maintenance performance reevaluation plan
110.10(455B) Monitoring well siting requirements
110.11(455B) Monitoring well/soil boring construction standards
110.12(455B) Sealing abandoned wells and boreholes
110.13(455B) Variance from design, construction, and operation standards
CHAPTER 112
SANITARY LANDFILLS: BIOSOLIDS MONOFILLS
112.1(455B) Scope and applicability
112.4(455B) Applications for permits
112.5(455B) Preparation of plans
112.6(455B) Construction and operation
112.7(455B) Compliance with rule changes
112.9(455B) Transfer of title and permit
112.10(455B) Permit conditions
112.11(455B) Effect of revocation
112.12(455B) Inspection prior to start–up
112.13(455B) Primary plan requirements for all sanitary disposal projects
112.14(455B) Hydrologic monitoring system planning requirements
112.15(455B) Soil investigation
112.16(455B) Hydrogeologic investigation
112.17(455B) Hydrologic monitoring system planning report requirements
112.18(455B) Evaluation of hydrogeologic conditions
112.19(455B) Monitoring system plan
112.20(455B) Sampling protocol
112.21(455B) Monitoring well maintenance and performance reevaluation plan
112.22(455B) Monitoring well siting requirements
112.23(455B) Monitoring well/soil boring construction standards
112.24(455B) Sealing abandoned wells and boreholes
112.25(455B) Variance from design, construction, and operation standards
112.26(455B) General requirements for all sanitary landfills
112.27(455B) Operating requirements for all sanitary disposal projects
112.29(455B) Operator certification
112.30(455B) Emergency response and remedial action plans
112.31(455B) Biosolids monofill sanitary landfill financial assurance
113.2(455B) Applicability and compliance
113.5(455B) Permit application requirements
113.6(455B) Siting and location requirements for MSWLFs
113.7(455B) MSWLF unit design and construction standards
113.8(455B) Operating requirements
113.11(455B,455D) Record–keeping and reporting requirements
113.13(455B) Postclosure care requirements
113.14(455B) Municipal solid waste landfill financial assurance
CHAPTER 114
SANITARY LANDFILLS: CONSTRUCTION AND DEMOLITION WASTES
114.1(455B) Scope and applicability
114.4(455B) Applications for permits
114.5(455B) Preparation of plans
114.6(455B) Construction and operation
114.7(455B) Compliance with rule changes
114.9(455B) Transfer of title and permit
114.10(455B) Permit conditions
114.11(455B) Effect of revocation
114.12(455B) Inspection prior to start–up
114.13(455B) Primary plan requirements for all sanitary disposal projects
114.14(455B) Hydrologic monitoring system planning requirements
114.15(455B) Soil investigation
114.16(455B) Hydrogeologic investigation
114.17(455B) Hydrologic monitoring system planning report requirements
114.18(455B) Evaluation of hydrogeologic conditions
114.19(455B) Monitoring system plan
114.20(455B) Sampling protocol
114.21(455B) Monitoring well maintenance and performance reevaluation plan
114.22(455B) Monitoring well siting requirements
114.23(455B) Monitoring well/soil boring construction standards
114.24(455B) Sealing abandoned wells and boreholes
114.25(455B) Variance from design, construction, and operation standards
114.26(455B) General requirements for all sanitary landfills
114.27(455B) Operating requirements for all sanitary disposal projects
114.29(455B) Operator certification
114.30(455B) Emergency response and remedial action plans
114.31(455B) Construction and demolition wastes sanitary landfill financial assurance
CHAPTER 115
SANITARY LANDFILLS: INDUSTRIAL MONOFILLS
115.1(455B) Scope and applicability
115.4(455B) Applications for permits
115.5(455B) Preparation of plans
115.6(455B) Construction and operation
115.7(455B) Compliance with rule changes
115.9(455B) Transfer of title and permit
115.10(455B) Permit conditions
115.11(455B) Effect of revocation
115.12(455B) Inspection prior to start–up
115.13(455B) Primary plan requirements for all sanitary disposal projects
115.14(455B) Hydrologic monitoring system planning requirements
115.15(455B) Soil investigation
115.16(455B) Hydrogeologic investigation
115.17(455B) Hydrologic monitoring system planning report requirements
115.18(455B) Evaluation of hydrogeologic conditions
115.19(455B) Monitoring system plan
115.20(455B) Sampling protocol
115.21(455B) Monitoring well maintenance and performance reevaluation plan
115.22(455B) Monitoring well siting requirements
115.23(455B) Monitoring well/soil boring construction standards
115.24(455B) Sealing abandoned wells and boreholes
115.25(455B) Variance from design, construction, and operation standards
115.26(455B) General requirements for all sanitary landfills
115.27(455B) Operating requirements for all sanitary disposal projects
115.29(455B) Operator certification
115.30(455B) Emergency response and remedial action plans
115.31(455B) Industrial monofill sanitary landfill financial assurance
CHAPTER 116
REGISTRATION OF WASTE TIRE HAULERS
116.3(455B,455D) Registration requirement
116.4(455B,455D) Registration form
116.5(455B,455D) Registration fee
116.7(455B,455D) Marking of equipment
116.8(455B,455D) Disposition of waste tires collected
116.9(455B,455D) Reporting requirements
CHAPTER 117
WASTE TIRE MANAGEMENT
117.3(455B,455D) Waste tire disposal
117.4(455B,455D) Waste tire storage permits and requirements
117.5(455B,455D) Used tire storage
117.6(455B,455D) Waste tire processing facility permits and requirements
117.7(455B,455D) Financial assurance for waste tire sites
117.8(455B,455D) Beneficial uses of waste tires
CHAPTER 118
DISCARDED APPLIANCE DEMANUFACTURING
118.2(455B,455D) Applicability and compliance
118.4(455B,455D) Storage and handling of appliances prior to demanufacturing
118.5(455B,455D) Appliance demanufacturing permits
118.6(455B,455D) Appliance demanufacturing permit application requirements
118.7(455B,455D) Fixed facilities and mobile operations
118.9(455B,455D) Refrigerant removal requirements
118.10(455B,455D) Mercury–containing component removal and disposal requirements
118.11(455B,455D) Capacitor removal requirements
118.13(455B,455D) Record keeping and reporting
118.14(455B,455D) Appliance demanufacturing facility closure requirements
118.15(455B,455D) Shredding of appliances
118.16(455B,455D) Appliance demanufacturing facility financial assurance requirements
119.1(455D,455B) Authority, purpose, and applicability
119.3(455D,455B) Prohibited disposal
119.4(455D,455B) Operational requirements
119.6(455D,455B) Locating collection sites
119.7(455D,455B) Land quality and waste management assistance division responsibilities
119.8(455D,455B) State procurement
CHAPTER 120
LANDFARMING OF PETROLEUM CONTAMINATED SOIL
120.2(455B) Applicability and compliance
120.4(455B) Landfarming permits
120.5(455B) Landfarm permit application requirements
120.6(455B) PCS analysis and characterization
120.7(455B) Site exploration and suitability requirements for landfarms
120.8(455B) Landfarm design requirements
120.9(455B) Landfarm operating requirements
120.10(455B) Emergency response and remedial action plans
120.11(455B) Reporting and record–keeping requirements
120.13(455B,455D) Financial assurance requirements for multiuse and single–use landfarms
CHAPTER 121
LAND APPLICATION OF WASTES
121.1(455B,17A) Scope of title
121.3(455B) Application for permits and forms
121.4(455B) Land application of solid wastes
121.5(455B) Land application of solid wastes for home and certain crop use
121.7(455B) Permit requirements
121.8(455B,455D) Financial assurance requirements for land application of wastes
CHAPTER 122
CATHODE RAY TUBE
DEVICE RECYCLING
122.2(455B,455D) Applicability and compliance
122.4(455B,455D) Short–term CRT collection notification
122.5(455B,455D) Operational requirements for short–term CRT collection
122.6(455B,455D) CRT recycling permits
122.7(455B,455D) Permit application requirements for CRT collection facilities
122.8(455B,455D) Operational requirements for CRT collection facilities
122.9(455B,455D) Reporting requirements for CRT collection facilities
122.10(455B,455D) Record–keeping requirements for CRT collection facilities
122.11(455B,455D) CRT recycling facility permit application requirements
122.12(455B,455D) Site requirements for CRT recycling facilities
122.13(455B,455D) Design requirements for CRT recycling facilities
122.14(455B,455D) Operational requirements for permitted CRT recycling facilities
122.15(455B,455D) Further requirements for batteries for CRT recycling facilities
122.16(455B,455D) Further requirements for circuit boards for CRT recycling facilities
122.17(455B,455D) Further requirements for CRTs for CRT recycling facilities
122.20(455B,455D) Spills and releases at CRT recycling facilities
122.21(455B,455D) CRT recycling facilities that shred CRTs
122.22(455B,455D) Storage requirements for CRT recycling facilities
122.23(455B,455D) ERRAP requirements for CRT recycling facilities
122.24(455B,455D) Training requirements for CRT recycling facilities
122.25(455B,455D) Reporting requirements for CRT recycling facilities
122.26(455B,455D) Record–keeping requirements for CRT recycling facilities
122.27(455B,455D) Closure requirements for CRT recycling facilities
CHAPTER 123
REGIONAL COLLECTION CENTERS AND MOBILE UNIT COLLECTION AND CONSOLIDATION
CENTERS
123.2(455B,455D,455F) Definitions
123.4(455B,455D,455F) Permit application requirements for regional collection centers
123.6(455B,455D,455F) Site selection
123.7(455B,455D,455F) Structures
123.8(455B,455D,455F) Staff qualifications
123.9(455B,455D,455F) Plans and procedures
123.10(455B,455D,455F) Emergency response and remedial action plans
123.11(455B,455D,455F) Reporting requirements
TITLE iX
spills and hazardous conditions
CHAPTER 131
NOTIFICATION OF HAZARDOUS CONDITIONS
131.2(455B) Report of hazardous conditions
CHAPTER 133
RULES FOR DETERMINING CLEANUP ACTIONS AND RESPONSIBLE PARTIES
133.3(455B,455E) Documentation of contamination and source
133.4(455B,455E) Response to contamination
133.5(455B,455E) Report to commission
133.6(455B) Compensation for damages to natural resources
CHAPTER 134
UNDERGROUND STORAGE TANK LICENSING AND CERTIFICATION PROGRAMS
PART A
CERTIFICATION OF GROUNDWATER PROFESSIONALS
134.2(455G) Certification requirements
134.3(455G) Certification procedure
134.4(455G) Suspension, revocation and denial of certification
PART B
CERTIFICATION OF UST COMPLIANCE INSPECTORS
134.7(455B) Certification requirements for UST compliance inspectors
134.8(455B) Temporary certification
134.9(455B) Application for inspector certification
134.10(455B) Training and certification examination
134.11(455B) Renewal of certification
134.12(455B) Professional liability insurance requirements
134.14(455B) Compliance inspection
134.15(455B) Disciplinary actions
134.16(455B) Revocation of inspector certification or company license
PART C
UNDERGROUND STORAGE TANK INSTALLER AND INSPECTOR LICENSING
134.18(455B) Applicability of Part C
134.19(455B) Licensing—general and fees
134.20(455B) Educational requirements for installers, liners, testers and inspectors
134.21(455B) Environmental liability insurance requirements
134.24(455B) Additional liner requirements
134.26(455B) Inspector notification regulation
134.28(455B) General procedures
135.1(455B) Authority, purpose and applicability
135.3(455B) UST systems—design, construction, installation and notification
135.4(455B) General operating requirements
135.6(455B) Release reporting, investigation, and confirmation
135.8(455B) Risk–based corrective action
135.9(455B) Tier 1 site assessment policy and procedure
135.10(455B) Tier 2 site assessment policy and procedure
135.11(455B) Tier 3 site assessment policy and procedure
135.12(455B) Tier 2 and 3 site classification and corrective action response
135.13(455B) Public participation
135.15(455B) Out–of–service UST systems and closure
135.16(455B) Laboratory analytical methods for petroleum contamination of soil and water
135.17(455B) Evaluation of ability to pay
135.18(455B) Transitional rules
135.19(455B) Analyzing for methyl tertiary–butyl ether (MTBE) in soil and groundwater samples
135.20(455B) Compliance inspection of UST system
CHAPTER 136
FINANCIAL RESPONSIBILITY FOR
UNDERGROUND STORAGE TANKS
136.3(455B) Definition of terms
136.4(455B) Amount and scope of required financial responsibility
136.5(455B) Allowable mechanisms and combinations of mechanisms
136.6(455B) Financial test of self–insurance
136.8(455B) Insurance and risk retention group coverage
136.12(455B) Standby trust fund
136.13(455B) Local government bond rating test
136.14(455B) Local government financial test
136.15(455B) Local government guarantee
136.16(455B) Local government fund
136.17(455B) Substitution of financial assurance mechanisms by owner or operator
136.18(455B) Cancellation or nonrenewal by a provider of financial assurance
136.19(455B) Reporting by owner or operator
136.21(455B) Drawing on financial assurance mechanisms
136.22(455B) Release from the requirements
136.23(455B) Bankruptcy or other incapacity of owner or operator or provider of financial assurance
136.24(455B) Replenishment of guarantees, letters of credit, or surety bonds
CHAPTER 137
IOWA LAND RECYCLING PROGRAM AND RESPONSE ACTION STANDARDS
137.1(455H) Authority, purpose and applicability
137.3(455H) Enrollment in land recycling program
137.4(455H) Background standards
137.5(455H) Statewide standards
137.6(455H) Site–specific standards
137.7(455H) Institutional and technological controls
137.9(455H) Risk evaluation/response action
137.10(455H) Demonstration of compliance
137.11(455H) No further action classification
TITLE X
HAZARDOUS WASTE
CHAPTER 140
SCOPE OF TITLE—DEFINITIONS—
FORMS—RULES OF PRACTICE
140.3(455B) Notification by generators, transporters and hazardous waste facilities
140.4(455B) Application for permits and renewals by new hazardous waste facilities
140.5(455B) Application for permits and renewals by existing hazardous waste facilities
140.6(455B) Form for the hazardous waste program—transportation, treatment and disposal fees
140.7(455B) Form for the analysis and notification requirements for recycled oil
141.1(455B) Hazardous waste management system: General
141.2(455B) Identification, listing, and exclusions of hazardous waste
141.3(455B) Standards applicable to generators of hazardous waste
141.4(455B) Standards applicable to transporters of hazardous waste
141.7(455B) Disposal of hazardous waste into wells
141.13(455B) Permitting procedures
141.14(455B) The hazardous waste permit program
141.15(455B) Confidentiality of information
141.16(455B) Permit in lieu of a state hazardous waste permit
CHAPTER 144
HOUSEHOLD HAZARDOUS MATERIALS
144.3(455F) Household hazardous materials
144.5(455F) Consumer information material
CHAPTER 145
HOUSEHOLD BATTERIES
145.3(455B,455D) Household batteries
145.4(455B,455D) Recycling/disposal requirements for household batteries
145.5(455B,455D) Exemptions for batteries used in rechargeable consumer products
CHAPTER 148
REGISTRY OF HAZARDOUS WASTE
OR HAZARDOUS SUBSTANCE
DISPOSAL SITES
148.3(455B) Site selection for investigation criteria
148.4(455B) Site investigation for listing on registry
148.5(455B) Site classification
CHAPTER 149
FEES FOR TRANSPORTATION,
TREATMENT AND DISPOSAL OF
HAZARDOUS WASTE
149.1(455B) Authority, purpose and applicability
149.3(455B) Exclusions and effect on other fees
149.5(455B) Form, manner, time and place of filing
149.6(455B) Identification, sampling and analytical requirements
149.7(455B) Reporting and record keeping
149.8(455B) Failure to pay fees
149.9(455B) Suspension of fees
CHAPTER 150
LOCATION AND CONSTRUCTION OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL
FACILITIES
150.1(455B) Authority, purpose, scope and policy
150.3(455B) Application procedure
150.4(455B) Temporary commissioners
150.5(455B) Initial review, notice, and acceptance
150.8(455B) Decision of the commission
150.9(455B) Assessment of costs
150.10(455B) Transfer of license
150.11(455B) Suspension/revocation/
modification
CHAPTER 151
CRITERIA FOR SITING HAZARDOUS
WASTE MANAGEMENT FACILITIES
151.1(455B) Authority, purpose, scope
CHAPTER 152
CRITERIA FOR SITING LOW–LEVEL RADIOACTIVE WASTE DISPOSAL FACILITIES
152.1(455B) Authority, purpose and scope
TITLE XI
WASTE MANAGEMENT AUTHORITY
CHAPTER 209
SOLID WASTE ALTERNATIVES PROGRAM
209.4(455B,455E) Role of the department of natural resources
209.5(455B,455E) Funding sources
209.6(455B,455E) Eligible projects
209.7(455B,455E) Type of financial assistance
209.9(455B,455E) Reduced award
209.10(455B,455E) Fund disbursement limitations
209.11(455B,455E) Minimum applicant cost share
209.12(455B,455E) Eligible costs
209.13(455B,455E) Ineligible costs
209.14(455B,455E) Selection criteria
209.15(455B,455E) Written agreement
209.17(455B,455E) Financial assistance denial
211.3(455F) Role of the department
211.7(455F) Criteria for the selection of an RCC establishment grant
211.9(455F) RCC and MUCCC household hazardous material disposal funding
CHAPTER 213
PACKAGING—HEAVY METAL CONTENT
213.4(455D) Prohibition—schedule for removal of incidental amounts
213.5(455D) Certification of compliance
213.7(455D) Inspection and penalties
CHAPTER 214
HOUSEHOLD HAZARDOUS
MATERIALS PROGRAM
214.4(455F) Role of the department of natural resources
214.6(455F) Household hazardous materials education
214.7(455F) HHM education grants
214.8(455F) Selection of TCD event host
214.10(455F) Selection of hazardous waste contractor
CHAPTER 215
MERCURY–ADDED SWITCH RECOVERY FROM END–OF–LIFE VEHICLES
215.4(455B) Plans for removal, collection, and recovery of mercury–added vehicle switches
215.5(455B) Proper management of mercury–added vehicle switches
215.6(455B) Public notification
215.9(455B) Future
repeal of mercury–free recycling Act—
implementation of national program
CHAPTER 218
WASTE TIRE STOCKPILE
ABATEMENT PROGRAM
218.4(455D) Role of the department of natural resources
218.5(455D) Existing authority
218.8(455D) Abatement fund priorities
218.9(455D) Abatement site determination criteria
218.11(455D) Procedure for use of abatement fund at a permitted waste tire processing site
218.12(455D) Abatement cost recovery
218.13(455D) Abatement contracts
chapter 1
OPERATION OF ENVIRONMENTAL PROTECTION COMMISSION
[Prior to 12/3/86, see Water, Air and Waste Management[900] Ch 2]
567—1.1(17A,455A) Scope. This chapter governs the conduct of business by the environmental protection commission. Rule–making proceedings held as part of commission meetings and contested case proceedings involving the commission are governed by other rules of the department.
567—1.2(17A,455A) Time of meetings. The commission meets at least quarterly, and usually meets monthly. The director, the chairperson, or a majority of the commission may establish meetings. Normally, the time of the next meeting will be determined in the current commission meeting.
567—1.3(17A,455A) Place of meetings. Meetings are generally held in the Henry A. Wallace Building, 900 East Grand Avenue, Des Moines, Iowa. The commission may meet at other locations from time to time; if so, the meeting place will be specified in the agenda.
567—1.4(17A,455A) Notification of meetings. The director of the department shall provide public notice of all meeting dates, locations, and tentative agenda.
1.4(1) Form of notice. Notice of meetings is given by posting the tentative agenda and by distribution upon request. The agenda lists the time, date, place, and topics to be discussed at the meeting. The agenda shall include a specific time for the public to address the commission on any issue related to the duties and responsibilities of the commission, except as otherwise provided in these rules.
1.4(2) Posting of agenda. The tentative agenda for each meeting will be posted at the department’s offices on the fourth and fifth floors, Henry A. Wallace Building, normally at least seven days prior to the meeting. Agenda will be posted at least 24 hours prior to the meeting, unless for good cause such notice is impossible or impractical, in which case as much notice as is reasonably possible will be given.
1.4(3) Distribution of agenda. Agenda will be mailed to anyone who files a request with the director. The request should state whether the agenda for a particular meeting is desired, or whether the requester desires to be on the department’s mailing list to receive the agenda for all meetings of the environmental protection commission.
1.4(4) Amendment to agenda. Any amendments to the agenda after posting and distribution under subrules 1.4(2) and 1.4(3) will be posted, but will not be mailed. The amended agenda will be posted at least 24 hours prior to the meeting, unless for good cause such notice is impossible or impractical, in which case as much notice as is reasonably possible will be given. The commission may adopt amendments to the agenda at the meeting only if good cause exists requiring expeditious discussion or action. The reasons and circumstances necessitating agenda amendments, or those given less than 24 hours’ notice by posting, shall be stated in the minutes of the meeting.
1.4(5) Supporting material. Written materials provided to the commission with the agenda may be examined and copied as provided. Copies of the materials may be distributed at the discretion of the director to persons requesting the materials. The director may require a fee to cover the reasonable cost to the department to provide the copies, in accordance with rules of the department.
567—1.5(17A,455A) Attendance and participation by the public.
1.5(1) Attendance. All meetings are open to the public. The commission may exclude the public from portions of the meeting in accordance with Iowa Code section 21.5.
1.5(2) Participation.
a. Items on agenda. Presentations to the commission may be made at the discretion of the chairperson.
b. Items not on agenda. Because Iowa Code section 21.4 requires the commission to give notice of its agenda, the commission discourages persons from raising matters not on the agenda. Persons who wish to address the commission on a matter not on the agenda should file a request with the director to place that matter on the agenda of the subsequent meeting.
c. Meeting decorum. The chairperson may limit participation as necessary for the orderly conduct of agency business.
1.5(3) Use of cameras and recording devices. Cameras and recording devices may be used during meetings provided they do not interfere with the orderly conduct of the meeting. The chairperson may order the use of these devices discontinued if they cause interference, and may exclude those persons who fail to comply with that order.
567—1.6(17A,455A) Quorum and voting requirements.
1.6(1) Quorum. Five or more commissioners present at a meeting constitutes a quorum.
1.6(2) Voting.
a. Voting requirements if eight or nine commissioners are currently appointed. If eight or nine commissioners are currently appointed to the environmental protection commission by the governor, then the affirmative votes of five or more commissioners shall be required to act on any matter within the jurisdiction of the commission.
b. Voting requirements if seven or fewer commissioners are currently appointed. If seven or fewer commissioners are currently appointed to the environmental protection commission by the governor, then the affirmative votes of four or more commissioners shall be required to act on any matter within the jurisdiction of the commission.
c. Voting requirements to close a meeting. Notwithstanding paragraph 1.6(2)“a” or 1.6(2)“b,” a vote to close a meeting shall require the concurrence of six or more members of the commission, or the concurrence of all members present if less than six members are present.
567—1.7(17A,455A) Conduct of meeting.
1.7(1) General. Meetings will be conducted in accordance with Robert’s Rules of Order unless otherwise provided in these rules. Voting shall be by voice or by roll call. Voting shall be by voice unless a voice vote is inconclusive, a member of the commission requests a roll call, or the vote is on a motion to close a portion of a meeting. The chairperson shall announce the result of the vote.
1.7(2) Voice votes. All commission members present should respond when a voice vote is taken. The response shall be aye, nay, or abstain.
a. All members present shall be recorded as voting aye on any motion when there are no nay votes or abstentions heard.
b. Any member who abstains shall state at the time of the vote the reason for abstaining. The abstention and the reason for it shall be recorded in the minutes.
1.7(3) Provision of information. The chairperson may recognize any agency staff member for the provision of information relative to an agenda item.
567—1.8(17A,455A) Minutes, transcripts, and recordings of meetings.
1.8(1) Recordings. The director shall record by mechanized means each meeting, and shall retain the recording for at least one year. Recordings of closed sessions shall be sealed and retained at least one year.
1.8(2) Transcripts. The department does not routinely prepare transcripts of meetings. The department will have transcripts of meetings, except for closed sessions, prepared upon receipt of a request for a transcript and payment of a fee to cover the cost to the department of preparing the transcript.
1.8(3) Minutes. The director shall keep minutes of each meeting. Minutes shall be reviewed and approved by the commission, and retained permanently by the director. The approved minutes shall be signed by the director and the chairperson and secretary of the commission.
567—1.9(17A,455A) Officers and duties.
1.9(1) Officers. The officers of the commission are the chairperson, the vice chairperson, and the secretary.
1.9(2) Duties. The chairperson shall preside at meetings, and shall exercise the powers conferred upon the chairperson. The vice chairperson shall perform the duties of the chairperson when the chairperson is absent or when directed by the chairperson. The secretary shall supervise the preparation of minutes, make recommendations to the commission on approval or revision of the minutes, and act as parliamentarian.
567—1.10(17A,455A) Election and succession of officers.
1.10(1) Elections. Officers shall be elected annually during May.
1.10(2) Succession.
a. If the chairperson does not serve out the elected term, the vice chairperson shall succeed the chairperson for the remainder of the term. A special election shall be held to elect a new vice chairperson to serve the remainder of the term.
b. If the vice chairperson does not serve out the elected term, a special election shall be held to elect a new vice chairperson to serve the remainder of the term.
c. If the secretary does not serve out the elected term, a special election shall be held to elect a new secretary to serve the remainder of the term.
567—1.11(68B) Sales of goods and services.
1.11(1) Prohibition. An official shall not sell, either directly or indirectly, any goods or services to individuals, associations, or corporations subject to the regulatory authority of the department unless the department consents as provided in this rule.
1.11(2) Definitions.
“Association” means any profit or nonprofit entity that is not a “corporation” or an “individual” as defined in this rule, but does not include any “unit of government” as defined in this rule.
“Commission” means the environmental protection commission.
“Corporation” means “corporation” and “foreign corporation” as defined in Iowa Code sections 490.140 and 504A.2, but does not include any “unit of government” as defined in this rule.
“Department” means the department of natural resources.
“Goods” means personal property, tangible and intangible.
“Individual” means a human being and includes any individual doing business as a sole proprietorship.
“Official” means a member of the environmental protection commission.
“Sale” or “sell” means the process in which goods or services are provided in exchange for money or other valuable consideration. The term does not include purchases of goods or services, nor outside employment activities that constitute an employer–employee relationship.
“Services” means action, conduct or performance which furthers some end or purpose or which assists or benefits someone or something.
“Unit of government” means “United States,” “state” and “governmental subdivision” as defined in Iowa Code section 490.140.
1.11(3) Application for consent. An application for consent must be signed by the official requesting consent and submitted as specified in subrule 1.11(4). The application must provide a clear statement of all relevant facts concerning the sale, specify the amount of compensation and how compensation is to be determined, and indicate the time period or number of transactions for which consent is requested. The application must also explain why the sale would not create a conflict of interest or provide financial gain by virtue of the applicant’s position within the department.
1.11(4) Consent procedure. Applications for consent must be submitted to the director who will schedule the matter as an informational item at a meeting of the commission. When the informational item is considered, the applicant may explain the application and entertain questions. The director shall schedule the matter to be decided at the second meeting following its consideration as an informational item, at which time the commission shall consider written comments which have been filed with the director and entertain any oral comments. The commission shall approve or deny the application by voting in the same manner as it determines other matters, except that the applicant shall not vote.
1.11(5) General conditions of consent. Consent shall not be given to an official unless all of the following conditions are met:
a. This condition is satisfied if either of the following paragraphs is met:
(1) The duties or functions performed by the official are not related to the regulatory authority of the department over the individual, association or corporation; or
(2) The duties or functions performed by the official are not affected by the selling of goods or services to the individual, association or corporation.
b. The selling of the goods or services by the official does not include acting as an advocate to the department on behalf of the individual, association or corporation receiving the goods or services.
c. The selling of goods or services does not result in the official selling a good or service to the department on behalf of the individual, association or corporation.
1.11(6) Class prohibitions and consent.
a. The commission concludes that the sales of goods and services described in this paragraph, as a class, constitute the sale of a good or service which affects an official’s functions. The department will not consent to sales which fall within the following categories unless there are unique facts surrounding a particular sale which clearly satisfy the conditions listed in subrule 1.11(5).
Sales which are prohibited by rule:
(1) Sales of department information or the sale of services necessary to gather department information, including but not limited to solicitation lists.
(2) Services utilized in the preparation of applications, reports, or other documents which may be approved or reviewed by the commission.
b. The commission concludes that sales of goods or services described in this paragraph do not, as a class, constitute the sale of a good or service which affects an official’s functions. Application and department approval are not required for these sales unless there are unique facts surrounding a particular sale which would cause that sale to affect the official’s duties or functions, would give the buyer an advantage in its dealings with the department, or otherwise present a conflict of interest.
Sales for which consent is granted by rule:
(1) Nonrecurring sales of goods and services if the official is not engaged for profit in the business of selling those goods or services.
(2) Sale of farm products at market prices to a buyer ordinarily engaged in the business of purchasing farm products.
(3) Sales of goods to general public at an established retail or consignment shop.
(4) Sale of legal, mechanical, or other services at market or customary prices. However, if an official’s client or customer has a matter for decision before the commission, the official shall not participate in the discussion and voting on that matter unless consent has been obtained pursuant to subrules 1.11(3) and 1.11(4).
(5) Sale of goods at wholesale prices to a buyer ordinarily engaged in the business of purchasing wholesale goods for retail sale.
(6) Sale of creative works of art, including but not limited to sculpture and literary products, at market, auction, or negotiated prices. However, if an official’s customer has a matter for decision before the commission directly or indirectly involving that good, the official shall not participate in the discussion and voting on that matter unless consent has been obtained pursuant to subrules 1.11(3) and 1.11(4).
(7) Sale of goods to general public at market or franchiser–established prices. However, if an official’s customer has a matter for decision before the commission, the official shall not participate in the discussion and voting on that matter unless consent has been obtained pursuant to subrules 1.11(3) and 1.11(4).
1.11(7) Effect of consent. The consent must be in writing. The consent is valid only for the activities and period described in it and only to the extent that material facts have been disclosed and the actual facts are consistent with those described in the application. Consent can be revoked at any time by written notice to the official.
1.11(8) Public information. The application and consent are public records, open for public examination, except to the extent that disclosure of details would constitute a clearly unwarranted invasion of personal privacy or trade secrets and the record is exempt from disclosure under Iowa law.
1.11(9) Effect of other laws. Neither this rule nor any consent provided under it constitutes consent for any activity which would constitute a conflict of interest at common law or which violates any applicable statute or rule. Despite department consent under these rules, a sale of goods or services to someone subject to the jurisdiction of the agency may violate the gift law, bribery and corruption laws. It is the responsibility of the official to ensure compliance with all applicable laws and to avoid both impropriety and the appearance of impropriety.
These rules are intended to implement Iowa Code sections 17A.3(1)“a,” 68B.4 and 455A.6.
[Filed emergency 6/3/83—published 6/22/83, effective 7/1/83]
[Filed emergency 11/27/85—published 12/18/85, effective 11/27/85]
[Filed 11/14/86, Notice 10/8/86—published 12/3/86, effective 1/7/87]
[Filed 7/30/93, Notice 5/12/93—published 8/18/93, effective 9/22/93]
[Filed emergency 6/13/08—published 7/2/08, effective 6/13/08]
chapter 2
PUBLIC RECORDS AND FAIR INFORMATION PRACTICES
[Prior to 2/11/87, see Water, Air and Waste Management, 900—4.1 to 4.4]
567—2.1(17A,22) Adoption by reference. The commission adopts by reference 561—Chapter 2, Iowa Administrative Code, with the addition of the following new subrule.
2.4(7) Definitions. For purposes of this chapter:
a. “Emission data” means the following, with reference to any source of emission of any substance into the air:
(1) Information necessary to determine the identity, amount, frequency, concentration, or other characteristics (to the extent related to air quality) of any emission which has been emitted by the source (or of any pollutant resulting from any emission by the source) or any combination of the foregoing;
(2) Information necessary to determine the identity, amount, frequency, concentration, or other characteristics (to the extent related to air quality) of the emissions which, under an applicable standard or limitation, the source was authorized to emit (including, to the extent necessary for such purposes, a description of the manner or rate of operation of the source); and
(3) A general description of the location and nature of the source to the extent necessary to identify the source and to distinguish it from other sources (including, to the extent necessary for such purposes, a description of the device, installation, or operation constituting the source).
b. “Effluent data” means the following, with reference to any source of discharge of any pollutant:
(1) Information necessary to determine the identity, amount, frequency, concentration, temperature, or other characteristics (to the extent related to water quality) of any pollutant which has been emitted by the source (or of any pollutant resulting from any discharge from the source) or any combination of the foregoing;
(2) Information necessary to determine the identity, amount, frequency, concentration, temperature, or other characteristics (to the extent related to water quality) of the pollutants which, under an applicable standard or limitation, the source was authorized to discharge (including, to the extent necessary for such purposes, a description of the manner or rate of operation of the source); and
(3) A general description of the location and nature of the source to the extent neces