Title XI, NATURAL RESOURCES (Ch. 455 - 485)

1. A water quality protection fund is created in the state treasury under the control of the department. The fund consists of moneys appropriated to the fund by the general assembly, moneys deposited into the fund from fees described in subsection 2 , moneys deposited into the fu…

1. The state of Iowa declares its intention to retain its jurisdiction to enforce areas provided under the federal Safe Drinking Water Act as delegated to the state by the United States. 2. The department shall establish a program to assist supply systems, in order to provide ass…

Notwithstanding any limitation upon the department’s number of full-time equivalent positions as defined in section 8.36A , any point limitation on personnel, or any other limitation upon the number of personnel or their employment classification, imposed by the department of man…

The department may also require the owner of a disposal system, discharging pollutants into any water of the state, or of a public water supply system to file with it complete plans of the whole or any part of such system and any other information and records concerning the insta…

The commission and the director may request and receive from any department, division, board, bureau, commission, public body, or agency of the state, or of any political subdivision thereof, or from any organization, incorporated or unincorporated, which has for its object the c…

1. A pollutant shall not be disposed of by dumping, depositing, or discharging such pollutant into any water of the state, except that this section shall not be construed to prohibit the discharge of adequately treated sewage, industrial waste, or other waste in accordance with r…

1. A contractor shall not engage in well construction or reconstruction without first being certified as required in this part and department rules adopted pursuant to this part . Water wells shall not be constructed, reconstructed, or abandoned by a person except as provided in …

Rules adopted to implement section 455B.172, subsection 7 , paragraph “b” ; section 455B.173, subsection 9 ; and section 455B.187 shall specifically provide for the immediate replacement or reconstruction of water wells in response to the sudden and unforeseen loss or serious imp…

1. As used in this section : a. “Class 1 well” means a well one hundred feet or less in depth and eighteen inches or more in diameter. b. “Class 2 well” means a well more than one hundred feet in depth or less than eighteen inches in diameter or a bedrock well. c. “Class 3 well” …

1. As used in this section : a. “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. b. “Examination” means an exa…

1. As used in this section , “hazardous substance” means hazardous substance as defined in section 455B.381 or section 455B.411 . 2. Any person who violates any provision of this part 1 of subchapter III or any permit, rule, standard, or order issued under this part 1 of subchapt…

Notwithstanding sections 331.302 , 331.307 , 364.3 , and 364.22 , a city or county may assess a civil penalty for a violation of this subchapter III which is equal to the amount the department has assessed for a violation under this subchapter III . 93 Acts, ch 137, §8 ; 2021 Act…

1. For purposes of this part, all of the following shall apply: a. Data is not credible data unless the data originates from studies and samples collected by the department, a professional designee of the department, or a qualified volunteer. For purposes of this paragraph, “prof…

1. The department shall use credible data when doing any of the following: a. Developing and reviewing any water quality standard. b. Developing any statewide water quality inventory or other water assessment report. c. Determining whether any water of the state is to be placed o…

1. For any use or analysis of credible data described in section 455B.194, subsection 1 , all of the following shall apply: a. The use of credible data shall be consistent with the requirements of the federal Water Pollution Control Act, 33 U.S.C. §1251 et seq. b. The data qualit…

1. A national pollutant discharge elimination system permit fund is created as a separate fund in the state treasury under the control of the department. The fund is composed of moneys appropriated to the department for deposit into the fund and moneys available to and obtained o…

The department may issue a permit related to the administration of the national pollutant discharge elimination system (NPDES) permit program pursuant to the federal Water Pollution Control Act , 33 U.S.C. ch. 26 , as amended, and 40 C.F.R. pt. 124 including but not limited to st…

1. The commission shall adopt rules pursuant to chapter 17A to regulate the discharge of wastewater from water well drilling sites. The rules shall incorporate the following considerations: a. The size of the well as measured by the flow of water in gallons per minute. b. The bes…

1. The department shall establish and administer a water resource restoration sponsor program to assist in enhancing water quality in the state through the provision of financial assistance to communities for a variety of impairment-based, locally directed watershed projects. 2. …

1. The department may allow schedules of compliance to be included in permits whenever authorized by federal law or regulations. Such schedules shall be established to maximize benefits and minimize local financial impact while improving water quality, where such opportunities ar…

1. The department may provide for a variance of regulations pursuant to this part when it determines that regulations adopted pursuant to this part affect a disadvantaged community. Such a variance shall be consistent with federal rules and regulations. In considering an applicat…

1. The intent of the general assembly is to address the rising costs of water and wastewater treatment compliance for regulated entities and affected communities by authorizing the use of alternative treatment technologies. The purpose of this section is to eliminate regulatory b…

1. For purposes of this section , “at-risk system” means a city drinking water, sanitary sewage, or storm water drainage system that the city determines meets any of the following criteria: a. The system serves a disadvantaged community as described in section 455B.199B . b. The …

When used in this part 2 of subchapter III , unless the context otherwise requires: 1. “Certificate” means the certificate of competence issued by the director stating that the operator has met the requirements for the specified operator classification of the certification progra…

The director shall classify all water treatment plants, water distribution systems, and waste water treatment plants affecting the public welfare with regard to the size, type, character of water and waste water to be treated and other physical conditions affecting such treatment…

1. By director. The director shall certify persons as to their qualifications to supervise the operation of treatment plants and water distribution systems after considering the recommendations of the commission. 2. Applications. Applications for certification shall be on forms p…

The director shall hold at least one examination each year for the purpose of examining candidates for certification at a time and place designated by the director. Any written examination may be given by the department. All examinations in theory shall be in writing and the iden…

When the director is satisfied that an applicant is qualified by examination or otherwise, the director shall issue a certificate attesting to the competency of the applicant as an operator. The certificate shall indicate the classification of works which the operator is qualifie…

Certificates shall be for the multiyear period determined by the director unless sooner revoked by the director, but the certificates remain the property of the department and the certificate shall so state. The fee for issuance of certificates as determined under section 455B.22…

The director may suspend or revoke the certificate of an operator, following a hearing before the director, when the operator is guilty of the following acts or offenses: 1. Fraud in procuring a license. 2. Professional incompetency. 3. Knowingly making misleading, deceptive, unt…

The director may charge a fee for certificates issued under this part. The fee for the certificates and for renewal shall be based on the costs of administering and enforcing this part and paying the expenses of the department relating to certification. The department shall be re…

The commission may adopt rules as are necessary to carry out this part. [C66, 71, §136A.15; C73, 75, 77, 79, 81, §455B.62 ] C83, §455B.222 86 Acts, ch 1245, §1898 Referred to in §272C.1

It shall be unlawful for any person, firm, corporation, municipal corporation, or other governmental subdivision or agency, operating a water treatment plant, water distribution system, or wastewater treatment plant to operate same unless the competency of the operator to operate…

Any person, including any firm, corporation, municipal corporation, or other governmental subdivision or agency, violating any provisions of this part 2 of subchapter III or the rules adopted under this part after written notice of the violation by the director is guilty of a sim…

As used in this part 4 of subchapter III , unless the context otherwise requires: 1. “Aquifer” means a water-bearing geologic formation which is capable of yielding a usable quantity of water to a well or spring and which transports and stores groundwater. 2. “Aquifer storage and…

1. It is recognized that the protection of life and property from floods, the prevention of damage to lands from floods, and the orderly development, wise use, protection, and conservation of the water resources of the state by their considered and proper use is of paramount impo…

1. All counties and cities in this state that have an effective flood insurance rate map or flood hazard boundary map published by the federal emergency management agency that identifies a special flood hazard area within the political boundaries of the county or city shall meet …

The department may request and shall receive assistance from the state geologist pursuant to section 456.14 to allow for the allocation and use of water resources, and the preclusion of conflicts among users of water resources, as provided in this part . 2018 Acts, ch 1167, §26 R…

1. The commission shall deliver to the general assembly by January 15, 1987, a plan embodying a general groundwater protection strategy for this state which considers the effects of potential sources of groundwater contaminations on groundwater quality. The plan shall evaluate th…

1. The department has jurisdiction over the public and private waters in the state and the lands adjacent to the waters necessary for the purposes of carrying out this part. The department may construct flood control works or any part of the works. In the construction of the work…

1. In its consideration of applications for permits, the department shall give priority in processing to persons in the order that the applications are received, except where the application of this processing priority system prevents the prompt approval of routine applications o…

1. A water use permit fund is created in the state treasury. The fund shall be separate from the general fund of the state and shall be under the control of the department. 2. Moneys credited to the fund from the fees assessed pursuant to section 455B.265, subsection 6 , are appr…

1. After any event described in paragraphs “a” through “d” of this subsection has occurred, the department shall investigate and, if appropriate, may implement the priority allocation plan provided in subsection 2 . The department shall require existing permittees to implement ap…

1. The director or the commission may issue a permit for beneficial use of water in a watercourse if the established average minimum water flow is preserved. 2. A use of water shall not be authorized if it will impair the effect of this chapter or any other pollution control law …

1. A permit shall be required for the following: a. Except for a nonregulated use, a person diverting, storing, or withdrawing water from any surface or groundwater source. b. A person who diverts water or any material from the surface directly into an underground watercourse or …

1. A person shall not take water from a natural watercourse, underground basin or watercourse, drainage ditch, or settling basin within this state for any purpose other than a nonregulated use except in compliance with the sections of this part which relate to the withdrawal, div…