Iowa Admin. Code r. 567-43.2 - Permit to operate

(1) Operation fees.

a. Annual fee. A fee for the operation of a public water supply system shall be paid annually. The fee will not be prorated and is nonrefundable. The fee shall be based on the population served. The fee shall be the greater of $25 per year or $0.14 multiplied by the total population served by the public water supply for all community and nontransient noncommunity public water supply systems. The fee shall be $25 per year for all transient noncommunity water systems. Where a system provides water to another public water supply system (consecutive public water supply system) which is required to have an operation permit, the population of the recipient water supply shall not be counted as a part of the water system providing the water.

b. Fee notices. The department will send annual notices to public water supply systems at least 60 days prior to the date that the operation fee is due.

c. Fee payments. The annual operation fee must be paid to the department by September 1 each year.

d. Fee schedule adjustment. The department may adjust the per capita fee payment by up to +/-$0.02 per person served so as to achieve the targeted revenue of $350,000 during each fiscal year. The environmental protection commission must approve any per capita fee rate above $0.14 per person. The extent of the fee adjustment must comply with Iowa Code section 455B183A..

e. Exempted public water supply systems. Public water supply systems located on Indian lands are exempt from the fee requirements.

f. Late fees. When the owner of a public water supply fails to make timely application or to remit payment of fees by September 1, the department will notify the system by a single notice of violation. In addition, a late fee of $ 100 will be assessed for failure to remit the operation fee by September 1. The department may thereafter issue an administrative order pursuant to Iowa Code section 455B. 175(1) or request a referral to the attorney general under Iowa Code section 455B. 175(3) as necessary.

(2) Operation permit requirement. Except as provided in 43.2(3) and 43.2(4), no person shall operate any public water supply system or part thereof without, or contrary to any condition of, an operation permit issued by the director.

(3) Application for operation permit. The owner of any public water supply system or part thereof must make application for an operation permit. No such system shall be operated without an operation permit, unless proper application has been made. Upon submission of a completed application form, the time requirement for having a valid operation permit is automatically extended until the application has either been approved or disapproved by the director.

(4) Operation permit application form issuance.

a. Operation permit application form. Application for operation permits shall be made on forms provided by the department. The application for an operation permit shall be filed at least 90 days prior to the date operation is scheduled to begin unless a shorter time is approved by the director. The director shall issue or deny operation permits for facilities within 60 days of receipt of a completed application, unless a longer period is required and the applicant is so notified. The director may require the submission of additional information deemed necessary to evaluate the application. If the application is incomplete or otherwise deficient, processing of the application shall not be completed until such time as the applicant has supplied the missing information or otherwise corrected the deficiency.

b. Identity of signatories of operation permit applications. The person who signs the application for an operation permit shall be:

(1) Corporation. In the case of a corporation, a principal executive officer of at least the level of vice president. The corporation has the option of appointing a designated signatory to satisfy this requirement.

(2) Partnership. In the case of a partnership, a general partner.

(3) Sole proprietorship. In the case of a sole proprietorship, the proprietor.

(4) Public facility. In the case of a municipal, state or other public facility, by either the principal executive officer or the ranking elected official.

c. Appeal. The denial of a permit, or any permit condition, may be appealed by the applicant to the environmental protection commission pursuant to 567-Chapter 7.

(5) Operation permit conditions.

a. Operation permit conditions. Operation permits may contain such conditions as are deemed necessary by the director to ensure compliance with all applicable rules of the department, to ensure that the public water supply system is properly operated and maintained, to ensure that potential hazards to the water consumer are eliminated promptly, and to ensure that the requirements of the Safe Drinking Water Act are met.

b. Compliance schedule. Where one or more maximum contaminant levels, treatment techniques, designated health advisories, or action levels cannot be met immediately, a compliance schedule for achieving compliance with standards may be made a condition of the permit. A compliance schedule requiring alterations in accordance with the standards for construction in 43.3(1) and 43.3(2) may also be included for any supply that, in the opinion of the director, contains a potential hazard.

c. Treatment. If the department determines that a treatment method identified in 43.3(10) is technically feasible, the department may require the system to install or use that treatment method in connection with a compliance schedule issued under the provisions of 43.2(5)"b." The department's determination shall be based upon studies by the system and other relevant information.

(6) Notification of change in operation permit application conditions. The owner of a public water supply system shall notify the director within 30 days of any change in conditions identified in the permit application. This notice does not relieve the owner of the responsibility to obtain a construction permit as required by 567-433. (455B).

(7) Renewal of operation permits. The department may issue operation permits for durations of up to five years. Operation permits must be renewed prior to expiration in order to remain valid. The renewal date shall be specified in the permit or in any renewal. Application for renewal must be received by the director, or postmarked, 60 days prior to the renewal date, on forms provided by the department.

(8) Denial, modification, or suspension of operation permit. The director may deny renewal of, modify, or suspend, in whole or in part, any operation permit for good cause. Denial of a new permit, renewal of an existing permit, or modification of a permit, may be appealed to the environmental protection commission pursuant to 567-Chapter 7. Suspension or revocation may occur after hearing, pursuant to 567-Chapter 7. Good cause includes the following:

a. Violation of any term or condition of the permit.

b. Obtaining a permit by misrepresentation of fact or failure to disclose fully all material facts.

c. A change in any condition that requires either a permanent or temporary modification of a permit condition.

d. Failure to submit such records and information as the director may require both generally and as a condition of the operation permit in order to ensure compliance with conditions specified in the permit.

e. Violation of any of the requirements contained in 567-Chapters 40 to 43.

f. Inability of a system to either achieve or maintain technical, managerial, or financial viability, as determined in rule 567-438. (455B).

Notes

Iowa Admin. Code r. 567-43.2