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:
(1) None of the general
word substitutions at rule
27-40.1 (17A,207) apply to the definitions of
"Permit, " "Permittee, "
and
"State program " at
30
CFR
701.5.
(2) Delete from
30
CFR
701.5 the
definitions
"Agricultural activities, " "Alluvial valley floor, " "Arid
or semiarid area, " "Essential hydrologic functions, " "Farming, " "Federal
program, " "Complete federal program, " "Partial federal program, " "Flood
irrigation, " "Materially damage the quantity or quality of waters, " "Special
bituminous coal mines, " " Subirrigation, " "Undeveloped rangeland, "
and
"Upland areas."
(3) Delete from the last sentence in the
definition of
"Permittee" in
30
CFR
701.5 the words "section 523 of the Act"
and insert the words "Iowa Code section
207.20".
In
30
CFR 701.5, delete from the definition of
"Significant imminent environmental harm to land, air or water resources" at
(b)(2), the words "section 521(a)(3) of the Act" and insert the words "Iowa
Code section
207.14, subsection
2".
(5) Delete references to "Subchapter B" and
"Subchapter K" at
30
CFR
701.11(d) and (e) and
substitute in lieu thereof "Part IB" and "Part 6", respectively.
(7) Delete
30 CFR
702.11(f) and insert in lieu
thereof the following:
(f) Administrative
review.
(1) Any adversely affected person may
request administrative review of a determination under paragraph (e) of this
section within 30 days of notification of such determination in accordance with
Part 9 of these rules.
(2) A
petition for administrative review filed under Part 9 of these rules shall not
suspend the effect of a determination under paragraph (e) of this
section.
(8)
Delete
30 CFR
702.17(c)(2) and
(3) and insert in lieu thereof the following:
(2) Any adversely affected person may request
administrative review of a decision whether to revoke an exemption within 30
days of the notification of such a decision in accordance with the procedures
of Part 9 of these rules.
(3) A
petition for administrative review filed under Part 9 of these rules shall not
suspend the effect of a decision whether to revoke an exemption.
(9) Reserved.
(10) Add to
30
CFR
701.5 the definition:
"Full water year" means at a minimum, the nine-month period
from March through November.
(11) Delete the definition for "Violation,
failure or refusal" at
30
CFR
701.5 and insert in lieu thereof the
following:
"Violation, failure, or refusal" means-
(1) A violation of a condition of an approved
permit pursuant to the Iowa program or an enforcement action pursuant to Iowa
Code section
207.14, or
(2) A failure or refusal to comply with any
order issued under Iowa Code section
207.14 or any order
incorporated in a final decision issued by the administrator, except an order
incorporated in a decision issued under subrule 40.74(7) or rule
27-40.7 (207).
