Iowa Admin. Code r. 567-21.5 - Evidence used in establishing that a violation has occurred or is occurring

Notwithstanding any other provisions of these rules, any credible evidence may be used for the purpose of establishing whether a person has violated or is in violation of any provisions herein.

(1) Information from the use of the following methods is presumptively credible evidence of whether a violation has occurred at a source. The following testing, monitoring, or information-gathering methods are presumptively credible testing, monitoring, or information-gathering methods:

a. A monitoring method approved for the source and incorporated in an operating permit pursuant to 567-Chapter 24;

b. Compliance test methods specified in 567-21.10 (455B);

c. Testing or monitoring methods approved for the source in a construction permit issued pursuant to 567-Chapter 22;

d. Any monitoring or testing methods provided in these rules; or

e. Other testing, monitoring, or information-gathering methods that produce information comparable to that produced by any method in this subrule.

(2) Reserved.

Notes

Iowa Admin. Code r. 567-21.5

Adopted by IAB May 15, 2024/Volume XLVI, Number 24, effective 6/19/2024