Iowa Administrative Code

7.9(1) Separation of functions. A staff attorney for the department shall perform the investigative and prosecuting functions for the department. Additional employees of the department may be designated by the director to perform these functions as necessary during the course of …

be awarded on a competitive basis to the maximum practical extent. All contracts shall be in written form. [ARC 9434C, IAB 7/23/25, effective 8/27/25]

8.2(1) Definition. As used in these rules, “public improvement” means public improvement as defined in Iowa Code section 26.2. 8.2(2) Bidding process. The department shall use the bidding processes identified in Iowa Code chapter 26. 8.2(3) Approval and award of contracts. All co…

8.3(1) Services defined. The term “services” shall be as defined in 11—118.3(8A), adopted as required by Iowa Code section 8A.311. 8.3(2) Purchasing standards for service contracts. The department shall comply with the provisions of 11—Chapters 117 through 121 (as of July 16, 202…

sum of $5,000 as estimated by the department, the department shall advertise by publishing a notice by email or through mail, and by posting on the state of Iowa bid opportunities website. The notices shall be not less than 15 days prior to the date set for receiving bids. The no…

9.1(1) Authority. Iowa Code section 558.69 directs the department to adopt rules regarding a statement to be submitted to county recorders when they record instruments transferring real property. The statement must disclose the existence and location of wells, disposal sites, und…

9.2(1) The department adopts by reference Form 542-0960, “Groundwater Hazard Statement” (February 1, 2023), which may be obtained from the department or local county recorders. a. When a groundwater hazard statement is required pursuant to 9.1(4), the transferor or the transferor…

commission. Rulemaking proceedings and contested case proceedings are governed by other departmental rules. [ARC 7942C, IAB 5/15/24, effective 6/19/24]

1.2(1) Time of meetings. The commission generally meets monthly, but is required to meet at least quarterly. The director, chairperson, or a majority of commissioners may establish meetings. 1.2(2) Notification of meetings. The director will provide public notice of all meeting d…

1.3(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. 1.3(2) Participation. a. Items on agenda. Presentations to the commission may be made at the discretion of the cha…

1.4(1) Quorum. Five or more commissioners present at a meeting constitute a quorum. 1.4(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 t…

1.5(1) General. Meetings will be conducted in accordance with Robert’s Rules of Order unless otherwise provided in these rules. Voting will be by voice or by roll call. Voting will be by voice unless a voice vote is inconclusive, a member of the commission requests a roll call, o…

1.6(1) Audio recordings. The director may record each meeting and shall record each closed session. 1.6(2) Minutes. The director will keep minutes of each meeting. Minutes will be reviewed and approved by the commission. [ARC 7942C, IAB 5/15/24, effective 6/19/24]

1.7(1) Officers. The officers of the commission are the chairperson, the vice chairperson, and the secretary. 1.7(2) Duties. The chairperson will preside at meetings and will exercise the powers conferred upon the chairperson. The vice chairperson will perform the duties of the c…

1.8(1) Sales and leases. The general provisions for the sales and leases of goods, real estate, and services by commission members are governed by rule 351—6.11(68B). 1.8(2) Consent by rule. The commission concludes that sales or leases of goods, real estate, or services describe…

complaint is as follows: 10.1(1) Submission requirements and investigations. Complaints concerning alleged violations of departmental statutes or rules should be submitted to the appropriate department office, and the nature of the complaint must be summarized in a concise manner…

environmental noncompliance discovered as a result of an environmental self-audit conducted by or on behalf of a facility owner or operator under the provisions of Iowa Code chapter 455K. [ARC 7943C, IAB 5/15/24, effective 6/19/24]

10.11(1) If a notice of audit is provided to the department, it must be submitted in writing and include the following information: a. The name and location (address and city) of the facility to be audited; b. The description of the facility or portion of the facility, activity, …

completed within a reasonable time, not to exceed six calendar months from the date the notice of audit is received by the department unless a written request for extension has been filed with and granted by the department. 10.12(1) A request for extension must be filed in writin…

immunity provisions of Iowa Code chapter 455K must make a prompt voluntary disclosure to the department regarding an environmental violation which is discovered through an environmental audit. 10.13(1) A disclosure of violation must be sent to the department in writing and includ…

violation documents are considered public information. Copies of the environmental audit report should not be submitted to the department. [ARC 7943C, IAB 5/15/24, effective 6/19/24] These rules are intended to implement Iowa Code chapter 455K.

DIVISION III ENFORCEMENT OPTIONS

DIVISION II ENVIRONMENTAL AUDITS

penalty, the following enforcement options are available to the department to obtain information and seek compliance. 10.20(1) Informal meeting. Department staff may attempt to resolve a potential violation or obtain additional information with an informal meeting. The discussion…

option to respond to the department, even if a response is not specifically requested. In responding to an LNC or NOV, the regulated entity should clearly outline any disagreements with the LNC or NOV, provide any pertinent additional information, describe any current or planned …

follow the compliance and enforcement procedures described in this part, commence with an LNC or NOV, or forego these options and commence with an administrative action, or the department may request referral to the attorney general. [ARC 7943C, IAB 5/15/24, effective 6/19/24] Th…

DIVISION IV ADMINISTRATIVE PENALTIES

enforcement actions are processed through the environmental protection division administrator of the department. The administrator shall screen each case to determine the most equitable and efficient means of redressing and abating a violation. In screening a violation to determi…

penalties shall be assessed through issuance of an administrative order or an administrative consent order of the director which recites the facts and the legal requirements which have been violated, and a general rationale for the prescribed penalty. 10.31(1) Administrative orde…

depositing, and disposal of solid waste by establishing standards for sanitary disposal projects and by regulating solid waste through a system of general rules and specific permits. The construction and operation of any sanitary disposal project requires a specific permit from t…

5/24/23.

567—Chapters 100 to 121, a private or public agency shall not dump or deposit or permit the dumping or depositing of any solid waste at any place other than a sanitary disposal project approved by the director, or pursuant to a permit granted by the department which allows the di…

6982C, IAB 4/19/23, effective 5/24/23. These rules are intended to implement Iowa Code section 455B.307. [Filed emergency 6/3/83—published 6/22/83, effective 7/1/83] [Filed 12/2/83, Notice 6/30/83—published 12/21/83, effective 1/25/84] [Filed 5/30/86, Notice 2/12/86—published 6/1…

[ARC 8037B, IAB 8/12/09, effective 9/16/09; ARC 2756C, IAB 10/12/16, effective 11/16/16]

direction for comprehensive integrated solid waste management planning for every city and county of this state and to provide an orderly and efficient process for the assessment and collection of fees for the disposal of solid waste at a sanitary landfill. [ARC 8037B, IAB 8/12/09…

10/12/16, effective 11/16/16.

operating or planning to operate a municipal solid waste sanitary disposal project shall file with the director one of two types of comprehensive plans detailing the method by which the city, county, or private agency will comply with solid waste comprehensive planning requiremen…

comprehensive plan submittals: initial, updates, and amendments. The purpose of these types of comprehensive plans is the development of a specific plan and schedule for implementing technically and economically feasible solid waste management methods that will prevent or minimiz…

101.14(1) Authority, purpose and applicability. a. Authority. Pursuant to Iowa Code section 455B.310, the department has authority to collect fees for the disposal of solid waste at sanitary landfills. All tonnage fees received by the department under this rule shall be deposited…

11/16/16.

solid waste generated within the jurisdiction of its political subdivision, provide for the establishment and operation of an integrated solid waste management system consistent with the waste management hierarchy under Iowa Code section 455B.301A and designed to meet the state’s…

101.5(1) Every city, county, and other public agency which complies with the requirements of Iowa Code chapter 455B for the disposal of solid waste by means of a contract with an agency holding a municipal solid waste sanitary disposal project permit or by means of a contract wit…

the amount of materials in the waste stream, existing as of July 1, 1988, by an intermediate goal of 25 percent, and by a final goal of at least 50 percent, through the practice of waste volume reduction at the source and through recycling. The updated goal progress calculations …

department complete a goal progress recalculation once per fiscal year to resolve any discrepancies and to further evaluate progress toward the state’s waste volume reduction and recycling goals. At the time of approval of a comprehensive plan or comprehensive plan update, the de…

Initial comprehensive plans and comprehensive plan updates filed with the department must include a signed electronic submission certificate. Comprehensive plan updates shall be submitted in accordance with the schedule and instructions provided by the department 12 months prior …

Initial comprehensive plans and comprehensive plan updates submitted in accordance with rule 567—101.13(455B,455D) shall be reviewed by the department for compliance with this chapter. The director may reject, suggest modification of, or approve a comprehensive plan based upon th…

disposal project without first obtaining a permit from the director.

disposal project is revoked by the director, no new permit shall be issued to that agency for that disposal project for a period of one year from the date of revocation. This shall not prohibit the issuance of a permit for the disposal project to another public or private agency.…