Iowa Administrative Code

4.3(1) In lieu of the words “________ days” insert “20 days”. 4.3(2) In lieu of the words “(designate agency)” insert “the division”. 4.3(3) In lieu of the words “(designate office)” insert “the division director’s office”. In lieu of the words “(designate agency)” insert “the di…

“the Director of the Division of Soil Conservation and Water Quality, Department of Agriculture and Land Stewardship, Wallace State Office Building, East Ninth and Grand, Des Moines, Iowa 50319”. [ARC 2192C, IAB 10/14/15, effective 11/18/15]

4.6(2) In lieu of the words “(specify office and address)” insert “the Director of the Division of Soil Conservation and Water Quality, Department of Agriculture and Land Stewardship, Wallace State Office Building, East Ninth and Grand, Des Moines, Iowa 50319”. In lieu of the wor…

4.8(1) In lieu of the words “(designate agency head)” insert “the director of the division of soil conservation and water quality”. 4.8(2) In lieu of the words and numbers “(contested case uniform rule X.2(17A))” insert “rule 27—3.2(17A,161A)”. [ARC 2192C, IAB 10/14/15, effective…

4.9(1) In lieu of the words “(designate agency)” insert “division”.

the department of agriculture and land stewardship, division of soil conservation and water quality, will implement the regulatory program pursuant to Iowa Code chapter 207 and the federal Surface Mining Control and Reclamation Act of 1977 (SMCRA). 40.1(1) Parts and sections of t…

as in effect on July 1, 2010, with the following exceptions: 40.11(1) Reserved. 40.11(2) Delete 30 CFR 710.1, 710.3, 710.4(a), 710.10, 710.11(b) and (c), and 710.12. 40.11(3) Reserved. [ARC 9575B, IAB 6/29/11, effective 8/3/11]

reference: 30 CFR Part 715, as in effect on July 1, 2010, with the following exceptions: 40.12(1) Delete from 30 CFR 715.11(c) the scale of “1:6000” and insert the scale of “1:2400”. 40.12(2) Delete from 30 CFR 715.17(h)(3) the words “in a manner approved by the regulatory author…

reference: 30 CFR Part 716, as in effect on July 1, 2010, with the following exception: Delete 30 CFR 716.1(a), subparagraphs (1) through (5), 716.2, 716.3, 716.4, 716.5, 716.6, and 716.10. [ARC 9575B, IAB 6/29/11, effective 8/3/11]

PART 2 COAL MINING—AREAS UNSUITABLE

thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the rule or subrule which can be given effect without the invalid provision or application, and to this end the provisions of these rules or subrules are seve…

CFR Part 761, as in effect on July 1, 2010, with the following exceptions: 40.21(1) None of the general word substitutions in rule 27—40.1(17A,207) apply to the definition of “Valid existing rights” at 30 CFR 761.5. 40.21(2) Delete from the definition of “Surface operations and i…

following is incorporated by reference: 30 CFR Part 762, as in effect on July 1, 2010, with the following exceptions: 40.22(1) The general word substitutions in rule 27—40.1(17A,207) do not apply to 30 CFR 762.12(b) or 762.13(a). 40.22(2) Delete from 30 CFR 762.15 the words “sect…

The following is incorporated by reference: 30 CFR Part 764, as in effect on July 1, 2010, with the following exceptions: 40.23(1) Delete 30 CFR 764.10. 40.23(2) Delete from 30 CFR 764.13(b)(1)(v) the words “sections 522(a)(2) and (3) of the Act” and insert the words “Iowa Code s…

PART 3 COAL MINING—PERMITS FOR OPERATIONS AND EXPLORATION

1, 2010, except for 30 CFR 700.1, 700.2, 700.3, 700.4, 700.10 and 700.12. The phrase “section 520 of the Act” is deleted from 30 CFR 700.13(a) and the words “Iowa Code section 207.17” are inserted in lieu thereof. In lieu of the regulations deleted at 30 CFR 700.12 concerning “Pe…

Part 772, as in effect on July 1, 2010, with the following exceptions: 40.30(1) Delete from 30 CFR 772.11 and 772.11(a) the words “250 tons” and insert the words “50 tons”. 40.30(2) Delete 30 CFR 772.11(b)(3) and insert the following: (3) A precise description and map at a scale …

reference: 30 CFR Part 773, as in effect on July 1, 2010, with the following exceptions: 40.31(1) Delete the second sentence of 30 CFR 773.4(a). 40.31(2) Add at the end of the last sentence of 30 CFR 773.6(a)(1)(ii) the words “and the scale of the map”, and the following paragrap…

The following is incorporated by reference: 30 CFR Part 774, as in effect on July 1, 2010, with the following exceptions: 40.32(1) 30 CFR 774.10(b) and (c) are deleted. 40.32(2) 30 CFR 774.13 is deleted, with the exception that the notice, public participation, and notice of deci…

by reference: 30 CFR Part 777, as in effect on July 1, 2010, with the following exceptions: 40.33(1) Delete 30 CFR 777.11(a)(3) and insert the following: (3) Be filed in three copies with the format addressed by subrule and subject title. 40.33(2) Delete from 30 CFR 777.14(a) the…

related information. The following is incorporated by reference: 30 CFR Part 778, as in effect on July 1, 2010, with the following exceptions: 40.34(1) Amend 30 CFR Part 778 by adding the following section: 778.23 Identification of other licenses and permits. Each application sha…

environmental resources. The following is incorporated by reference: 30 CFR Part 779, as in effect on July 1, 2010, except as modified by subrule 40.1(3) and with the following exceptions: 40.35(1) Delete from 30 CFR 779.19(a) the words “if required by the regulatory authority, c…

operation plan. The following is incorporated by reference: 30 CFR Part 780, as in effect on July 1, 2010, except as modified by subrules 40.1(3) and 40.1(5) and with the following exceptions and clarifications: 40.36(1) Delete 30 CFR 780.1 and 780.10. 40.36(2) The general word s…

on environmental resources. The following is incorporated by reference: 30 CFR Part 783, as in effect on July 1, 2010, except as modified by subrules 40.1(3) and 40.1(5) and with the following exceptions: 40.37(1) Delete from 30 CFR 783.18(a) the words “When requested by the regu…

and operation plan. The following is incorporated by reference: 30 CFR Part 784, as in effect on July 1, 2010, except as modified by subrules 40.1(3) and 40.1(5) and with the following exceptions and clarifications: 40.38(1) Delete from 30 CFR 784.14(d) the words “information may…

incorporated by reference: 30 CFR Part 785, as in effect on July 1, 2010, with the following exceptions: 40.39(1) Delete 30 CFR 785.10, 785.11, 785.12, 785.14, 785.15, 785.16, 785.17(d)(1), (2), and (3), 785.19, and 785.22. 40.39(2) The general word substitutions for “director” a…

extraction of other minerals. The following is incorporated by reference: 30 CFR Part 701 and 30 CFR Part 702, as in effect on July 1, 2010, with the following exceptions: 40.4(1) None of the general word substitutions at rule 27—40.1(17A,207) apply to the definitions of “Permit,…

adopted by reference: 30 CFR Part 795, as in effect on July 1, 2010, with the following exceptions: 40.41(1) Delete 30 CFR 795.4, 795.5 and 795.6(b). 40.41(2) Delete from 30 CFR 795.1 the words “section 507(c) of the Act” and insert the words “Iowa Code section 207.4, subsection …

PART 5 COAL MINING—BONDING AND INSURANCE

used elsewhere in these rules do not apply to Iowa’s incorporation of 30 CFR Part 705. The following is incorporated by reference: 30 CFR Part 705, as in effect on July 1, 2010, with the following exceptions: 40.5(1) Delete from 30 CFR 705.5 the definition for “State regulatory a…

operations under regulatory programs. The following is incorporated by reference: 30 CFR Part 800, as in effect on July 1, 2010, with the following exceptions: 40.51(1) Add to 30 CFR 800.40(c) a paragraph (4) that shall read as follows: (4) The maximum liability under performance…

PART 6 COAL MINING—PERMANENT PROGRAM PERFORMANCE STANDARDS

constructions. The following is incorporated by reference: 30 CFR Part 707, as in effect on July 1, 2010, with the following exceptions: 40.6(1) Add to 30 CFR 707.11 a paragraph (c) that shall read: (c) Any person who conducts or intends to conduct such coal extraction must file …

incorporated by reference: 30 CFR Part 810, as in effect on July 1, 2010, with the following exceptions: 40.61(1) Delete 30 CFR 810.3 and 30 CFR 810.4(a). 40.61(2) Delete 30 CFR 810.4(b) and substitute in lieu thereof the following: (b) The division shall ensure that performance …

incorporated by reference: 30 CFR Part 815, as in effect on July 1, 2010. [ARC 9575B, IAB 6/29/11, effective 8/3/11]

following is incorporated by reference: 30 CFR Part 816, as in effect on July 1, 2010, except as modified by subrules 40.1(3), 40.1(4), and 40.1(5) and with the following exceptions: 40.63(1) Delete 30 CFR 816.61(c)(1) and insert the following: (c) Blasters. (1) All blasting oper…

following is incorporated by reference: 30 CFR Part 817, as in effect on July 1, 2010, except as modified by subrules 40.1(3), 40.1(4), and 40.1(5) and with the following exceptions: 40.64(1) Reserved. 40.64(2) Delete 30 CFR 817.10 and 817.107. 40.64(3) Delete 30 CFR 817.61(c)(1)…

incorporated by reference: 30 CFR Part 819, as in effect on July 1, 2010. [ARC 9575B, IAB 6/29/11, effective 8/3/11]

The following is incorporated by reference: 30 CFR Part 823, as in effect on July 1, 2010, except for 30 CFR 823.11(a) which is deleted. [ARC 9575B, IAB 6/29/11, effective 8/3/11]

within the permit area of a mine. The following is incorporated by reference: 30 CFR Part 827, as in effect on July 1, 2010, except for the following: 40.67(1) Delete 30 CFR 827.1. 40.67(2) Delete 30 CFR 827.13(a) and insert the following: (a) Persons operating or who have operat…

PART 7 COAL MINING—INSPECTION AND ENFORCEMENT

in effect on July 1, 2010, with the following exceptions: 40.7(1) Delete the words “Office of Hearings and Appeals” and insert the word “division”. 40.7(2) Delete the words “43 CFR Part 4” and insert the words “Iowa Code section 207.14”. [ARC 9575B, IAB 6/29/11, effective 8/3/11]…

by reference: 30 CFR Part 840, as in effect on July 1, 2010, with the following exceptions: 40.71(1) Delete 30 CFR 840.1, 840.10, and 840.13. 40.71(2) The general word substitution for “director” does not apply in 30 CFR 840.14. 40.71(3) Delete from 30 CFR 840.11(d)(2) the words …

40.72(1) Requests for inspections. a. A person may request an inspection under Iowa Code section 207.13 by furnishing to an authorized representative of the administrator a signed, written statement (or an oral report followed by a signed, written statement) giving the authorized…

40.73(1) Definitions. As used in this Part 7, the following terms have the specified meanings: “Unwarranted failure to comply” means the failure of a permittee to prevent the occurrence of any violation of the permit or any requirement of Iowa Code chapter 207 due to indifference…

on July 1, 2010, with the following exceptions: 40.74(1) Delete from 30 CFR 845.13(b)(1) the words “One point shall be assigned for each past violation contained in a notice of violation” and insert the words “One point shall be assigned for each past notice of violation of a sim…

effect on July 1, 2010, with the following exceptions: 40.75(1) Delete 30 CFR 846.1. 40.75(2) Reserved. 40.75(3) Delete 30 CFR 846.17(b)(1) and insert in lieu thereof: (1) The individual files within 30 days of service of the notice of proposed individual civil penalty assessment…