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

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…

The sections of this part which relate to the withdrawal, diversion, or storage of water do not deprive any person of the right to use diffused waters, to drain land by use of tile, open ditch, or surface drainage, or to construct an impoundment on the person’s property or across…

Each permit issued under section 455B.265 is irrevocable for its term and for any extension of its term except as follows: 1. A permit may be modified or canceled by the department with the consent of the permittee. 2. Subject to appeal to the department of inspections, appeals, …

The right of the permittee and the permittee’s successors to the use of water shall terminate when the permittee or the permittee’s successors fail for three consecutive years to use it for the specific beneficial purpose authorized in the permit and, after notification by the de…

A permittee may sell, transfer, or assign a permit by conveying, leasing, or otherwise transferring the ownership of the land described in the permit, but the permit does not constitute ownership or absolute rights of use of the waters. The waters remain subject to the principle …

If a person files a complaint with the department that another person is making a depleting use of water not expressly exempted as a nonregulated use under this part and without a permit to do so, the department shall cause an investigation to be made and if the facts stated in t…

1. A person shall not permit, erect, use, or maintain a structure, dam, obstruction, deposit, or excavation in or on a floodway or floodplains, which will adversely affect the efficiency of or unduly restrict the capacity of the floodway, or adversely affect the control, developm…

1. The commission may establish and enforce rules for the orderly development and wise use of the floodplains of any river or stream within the state and alter, change, or revoke the rules. The commission shall determine the characteristics of floods which reasonably may be expec…

1. All flood control works in the state, which are established and constructed after April 16, 1949, shall be coordinated in design, construction, and operation according to sound and accepted engineering practice so as to effect the best flood control obtainable throughout the s…

1. The commission shall adopt, modify, or repeal rules establishing procedures by which permits required under this part shall be issued, suspended, revoked, modified, or denied. The rules shall include provisions for application, public notice and opportunity for public hearing,…

1. The director may issue any order necessary to secure compliance with or prevent a violation of this part or the rules adopted pursuant to this part . The order may be appealed to the commission by filing a notice of appeal with the director. The appeal shall be conducted as a …

1. If an investigation by the department, using information provided by the applicant or permittee and the complainant, discloses that a proposed or existing permitted use or combination of such uses is causing or will cause the delivery system to fail in a well which supplies wa…

Nothing in this part shall be construed as limiting the authority of a city or county to adopt an ordinance regulating a junkyard located within a five hundred year floodplain. 2009 Acts, ch 146, §4

As used in this part, unless the context requires otherwise: 1. “Administration funds” means funds established pursuant to this part for the costs and expenses associated with administering the program under this part and section 16.133A . 2. “Authority” means the Iowa finance au…

The general assembly finds that the proper construction, rehabilitation, operation, and maintenance of modern and efficient wastewater treatment works, other water pollution control works, and drinking water facilities are essential to protecting and improving the state’s water q…

It is the policy of this state that it is in the public interest to establish a water pollution control works and drinking water facilities financing program and revolving loan funds and administration funds to make loans available from the state to eligible entities for the purp…

The water pollution control works and drinking water facilities financing program is established for the purpose of making loans available to eligible entities to finance all or part of the costs of projects. The program shall be a joint and cooperative undertaking of the departm…

1. Four separate funds are established in the state treasury, to be known as the water pollution control works revolving loan fund, the water pollution control works administration fund, the drinking water facilities revolving loan fund, and the drinking water facilities administ…

1. Each fiscal year beginning July 1, 1988, the department may prepare and deliver intended use plans and enter into capitalization grant agreements with the administrator of the United States environmental protection agency under the terms and conditions set forth in the Clean W…

1. Moneys deposited in the revolving loan funds shall be used for the primary purpose of making loans to eligible entities to finance the eligible costs of projects in accordance with the intended use plans developed by the department under section 455B.296 . The loan recipients …

The director shall: 1. Process, review, and approve or deny intended use plan applications to determine if an application meets the eligibility requirements set by the rules of the department. 2. Process and review all documents relating to the planning, design, construction, and…

The commission shall adopt rules pursuant to chapter 17A appropriate for the administration of this part. 88 Acts, ch 1217, §18 Referred to in §16.131 , 455B.199B , 456A.17

As used in this part 1 of subchapter IV , unless the context clearly indicates a contrary intent: 1. “Actual cost” means the operational, remedial and emergency action, closure, postclosure, and monitoring costs of a sanitary disposal project for the lifetime of the project. 2. “…

1. The protection of the health, safety, and welfare of Iowans and the protection of the environment require the safe and sanitary disposal of solid wastes. An effective and efficient solid waste disposal program protects the environment and the public, and provides the most prac…

1. Every city and county of this state shall provide for the establishment and operation of a comprehensive solid waste reduction program consistent with the waste management hierarchy under section 455B.301A , and a sanitary disposal project for final disposal of solid waste by …

1. The director shall administer the provisions of this part 1 of subchapter IV subject to the rules established by the commission. 2. Local boards of health shall cooperate in the enforcement of the provisions of this part 1 of subchapter IV and the director may seek their aid a…

1. The commission shall establish rules for the proper administration of this part 1 of subchapter IV which shall reflect and accommodate as far as is reasonably possible the current and generally accepted methods and techniques for treatment and disposition of solid waste which …

1. The director shall issue, revoke, suspend, modify, or deny permits for the construction and operation of sanitary disposal projects. a. A permit shall be issued by the director or, at the director’s direction, by a local board of health for each sanitary disposal project opera…

1. a. Prior to the siting of a proposed, new sanitary landfill, incinerator, or infectious medical waste incinerator, a city, county, or private agency, shall submit a request for local siting approval to the city council or county board of supervisors which governs the city or c…

Preprocessed and postprocessed post-use polymers and recoverable feedstocks stored at a pyrolysis facility or gasification facility are the sole property of the pyrolysis facility or gasification facility. Within sixty days of termination of operations at the facility, all unused…

1. A city, county, or private agency 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 this p…

1. A city which annexes an area pursuant to chapter 368 , or plans to operate or expand solid waste collection services into an area where the collection of solid waste is presently being provided by a private entity, shall notify the private entity by certified mail at least six…