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

1. A person who knowingly violates any provision of this subchapter II , any permit, rule, standard, or order issued under this subchapter II , or any condition or limitation included in any permit issued under this subchapter II is guilty of an aggravated misdemeanor. A convicti…

If the director fails to take action within sixty days after an application for a variance is made, or if the department fails to enter a final order or determination within sixty days after the final argument in hearing on appeal, the person seeking the action may treat the fail…

1. Upon application by the owner or operator of a fuel-burning stationary source, and after notice and opportunity for public hearing, the commission may petition the president, under section 110, subsection “f” , paragraph 1, of the federal Clean Air Act as amended through Janua…

1. Definitions. For purposes of this section , “greenhouse gas” means carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, or sulfur hexafluoride. 2. Greenhouse gas inventory. a. By January 1, 2008, the department shall establish a method for collecting d…

When used in this part 1 of subchapter III , unless the context otherwise requires: 1. “Abandoned well” means a water well which is no longer in use or which is in such a state of disrepair that continued use for the purpose of accessing groundwater is unsafe or impracticable. 2.…

1. The department is the agency of the state to prevent, abate, or control water pollution and to conduct the public water supply program. 2. The department shall carry out the responsibilities of the state related to private water supplies and private sewage disposal systems for…

1. The department shall adopt by rule standards for the disposal of wastewater from an on-farm processing operation. These standards shall provide for but are not limited to disposal by all of the following: a. By land application if all of the following apply: (1) The volume of …

The commission shall: 1. Develop comprehensive plans and programs for the prevention, control and abatement of water pollution. 2. Establish, modify, or repeal water quality standards, pretreatment standards, and effluent standards in accordance with the provisions of this chapte…

The director shall: 1. Conduct investigations of alleged water pollution or of alleged violations of this part 1 of subchapter III , chapter 459, subchapter III , chapter 459A , or chapter 459B , or any rule adopted or any permit issued pursuant to this part 1 of subchapter III ,…

1. If there is substantial evidence that any person has violated or is violating any provision of, or any rule or standard established or permit issued pursuant to, this part 1 of subchapter III , chapter 459, subchapter III , chapter 459A , or chapter 459B , then one of the foll…

In establishing, modifying, or repealing water quality standards the commission shall base its decision upon data gathered from sources within the state regarding the following: 1. The protection of the public health. 2. The size, depth, surface area covered, volume, direction an…

1. For purposes of this section , unless the context otherwise requires: a. “Base flow conditions” means the flow of a stream segment, as measured during the time period between July 1 and September 30, that occurs during a period of time when the watershed in which the stream se…

1. The general assembly finds and declares that because the federal Water Pollution Control Act provides for a permit system to regulate the discharge of pollutants into the waters of the United States and provides that permits may be issued by states which are authorized to impl…

Except as provided in section 455B.191, subsection 7 , judicial review of any order or other action of the commission or of the director may be sought in accordance with the terms of the Iowa administrative procedure Act, chapter 17A . Notwithstanding the terms of said Act, petit…

Upon a satisfactory showing by any person to the director that public disclosure of any record, report, permit, permit application, or other document or information or part thereof would divulge methods or processes entitled to protection as a trade secret, any such record, repor…

The granting of a stay may be conditioned upon the furnishing by the appellant of such reasonable security as the court may direct. A stay may be vacated on application of the department or any other party after hearing by the court. [C66, 71, §455B.20; C73, 75, 77, 79, 81, §455B…

The director may, after public notice and hearing, grant exemptions from a maximum contaminant level or treatment technique, or both. The director may also grant a variance from drinking water standards for public water supply systems when the characteristics of the raw water sou…

Failure to obey any order issued by the department with reference to a violation of this part 1 of subchapter III ; chapter 459, subchapter III ; chapter 459A ; chapter 459B ; or any rule promulgated or permit issued pursuant thereto shall constitute prima facie evidence of conte…

1. It is unlawful to carry on any of the following activities without first securing a written permit from the director, or from a city or county public works department if the public works department reviews the activity under this section , as required by the department: a. The…

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…