Environmental Protection Commission Agenda

Environmental Protection Commission
February 16, 2016

DNR Air Quality Building
7900 Hickman Road
Windsor Heights, Iowa
EPC Business Meeting
10:00 AM Meeting begins
11:00 AM Referral to the Attorney General Jim Frye Animal Feeding Operation
12:30 PM Public Comments for Cedar Rapids Community School District and Abatement Specialties, LLC
1:00 PM Referral to the Attorney General Cedar Rapids Community School District and Abatement
Specialties, LLC Air Quality
Public Participation1 Requests to speak during the business meeting Public Participation must be submitted to Jerah
Sheets at Jerah.Sheets@dnr.iowa.gov, 502 East 9th Des Moines, IA 50319, 515-313-8909, or in-person by the start of the
business meeting. Please indicate who you will be representing (yourself, an association, etc.), the agenda item of
interest, and your stance of For, Opposed, or Neutral.
If you are unable to attend the business meeting, comments may be submitted via mail and email for the public record.
The Commission encourages data, reports, photos, and additional information provided by noon the day before the
meeting to allow ample time for review and consideration.
Agenda topics
1
Approval of Agenda
Approval of Minutes
Monthly Reports
Public Participation for all agenda items except Cedar Rapids

Community School District and Abatement Specialties, LLC
Directors Remarks
Chuck Gipp
(Information)
Contract Amendments with Edge Consulting Engineers, Wapsi Valley

Archaeology, and The University of Iowa, Office of State Archaeologist for
Archaeological and Architectural History Services
Patti Cale-Finnegan
(Decision)
Referral to the Attorney General Jim Frye Animal Feeding Operation
Kelli Book
(Decision)
Public Participation for Cedar Rapids Community School District and

Abatement Specialties, LLC
Referral to the Attorney General Cedar Rapids Community School
District and Abatement Specialties, LLC Air Quality
Kelli Book
(Decision)
10
Proposed Rule Amendments to Wastewater Rules to include Pesticide

Discharges, including Chapter 64 (GP #7)
Wendy Hieb
(Decision)
11
Proposed Rule - Amendment to Wastewater Rules to include Discharges

from Mining and Processing Facilities, including Chapter 64 (GP #5)
Julie Faas
(Decision)
12
General Discussion
Bill Ehm
(Information)
Updated 2/11/16
13
Items for Next Months Meeting

March 15, 2016 EPC Business Meeting, Ankeny
April 18, 2016 EPC Educational Tour, Iowa County
April 19, 2016 EPC Business Meeting, Iowa County
For details on the EPC meeting schedule, visit

http://www.iowadnr.gov/InsideDNR/BoardsCommissions.aspx
Comments during the public participation period regarding proposed rules or notices of intended action are not included in the official
comments for that rule package unless they are submitted as required in the Notice of Intended Action.
Any person attending the public meeting and has special requirements such as those related to mobility or hearing
impairments should contact the DNR or ADA Coordinator at 515-725-8200, Relay Iowa TTY Service 800-735-7942, or
Webmaster@dnr.iowa.gov, and advise of specific needs.
Updated 2/11/16
Item
No.
Facility/City
Program
Monthly Variance Report

December 2015
DNR Reviewer
Parks J4 Finishing Site
Animal Feeding Operations
Russel Tell;
multiple staff
Russel Tell;
multiple staff
Russel Tell;
multiple staff
Russel Tell;
multiple staff
Russel Tell;
multiple staff
Russel Tell;
multiple staff
City of Onawa
Wastewater
Marty Jacobs
Green Grinding LLC
Air Quality
Brian Hutchins
9 City of Council Bluffs

10 Stuart Water Supply
11 Lenox Municipal
Sovereign Lands
Water Supply Construction
Air Quality
Seth Moore
Justin Pettit
Reid Bermel
12 Wacker Chemical Corp
Air Quality
Reid Bermel
13 Interstate Power & Light Lansing Power Station
Sanitary Disposal
Mick Leat
14 Equistar Chemicals
15 IA-American water Co Davenport
Air Quality
Water Supply Construction
Dennis Thielen
Daryl Enfield
16 Transco Railway Products

17 Linwood Mining & Minerals
Air Quality
Air Quality
Ann Seda
Dennis Thielen
18 Cargill Ft Dodge
Air Quality
Ann Seda
19 Muscatine Power & Water
Air Quality
Brian Hutchins
20 CORN LP
Air Quality
Ann Seda
Subject
variance for existing private well that didn't meet required separation distance from
shallow private well and animal confinement building.
variance from design standards for installing 12-inch sewer with two 22.5-degree
bends between manholes.
variance to allow operation of portable engine and grinder equipment in Story
County.
variance to allow placement of articulating concrete block revetment system in
place of riprap below ordinary high water line at location of industrial park.
variance for fuel storage tank at city's finished water storage tanks
variance for placement of 2000 kW generator
variance to install and operate two ne process tanks and increase in exhaust flow
before receiving modified permits.
variance to discontinue collection/reporting of filtered samples as required for
dissolved concentrations
variance to install and operate new pollution control equipment prior to obtaining
permit
variance allowing air piping through media
variance to allow concrete foundation work and footings to be poured prior to
issuance of permit.
requesting extension to perform stack testing
variance to construct equipment associated with expansion prior to obtaining
construction permits.
variance from requirements to have modified construction permits before adding
Activated Carbon Injection materials.
variance to construct and operate new beer degas system prior to issuance of
construction permit.
Decision
Date
Denied
12/3/2015
Denied
12/3/2015
Denied
12/3/2015
Denied
12/3/2015
Denied
12/3/2015
Denied
12/3/2015
Denied
12/4/2015
Approved
12/7/2015
Approved
Approved
Approved
12/9/2015
12/8/2015
12/9/2015
Approved
12/9/2015
Approved
12/10/2015
Approved
Approved
12/10/2015
12/10/2015
Approved
Approved
12/11/2015
12/15/2015
Denied
12/21/2015
Denied
12/22/2015
Approved
12/22/2015
DEPARTMENT OF NATURAL RESOURCES

ENVIRONMENTAL PROTECTION COMMISSION
ATTORNEY GENERAL REFERRALS
February, 2016
Name, Location and
Region Number
New or
Updated Status
Program
Alleged Violation
Feinberg, Marty; Feinberg Metals

Recycling Corp.
Fort Madison (6)
Solid Waste
Operation Without
Permit; Illegal Disposal
Referred to
Attorney General
Referred
4/14/15
Kossuth County (2)
Animal
Feeding
Operation
DNR Defendant
Defense
Petition for Judicial Review

States Answer
P&J Pork Motion to Intervene
Order Granting Motion to Intervene
Kossuth County Brief
States Brief
District Court Review Without
Oral Argument
Ruling on Petition for Judicial Review
Remanded to EPC
EPC Rehearing
EPC Reconsideration
Kossuth County Application for
Rehearing
Petition for Judicial Review
EPCs Answer
P&J Pork Motion to Intervene
9/18/14
10/08/14
11/07/14
11/20/14
2/03/15
2/13/15
3/04/15
UPDATED
DNR Action
Date
7/30/15
10/20/15
11/17/15
12/07/15
12/15/15
1/14/16
1/15/16
Peeters Development Co., Inc.; Mt. Joy

Mobile Home Park
Davenport (6)
Wastewater
Water
Supply
Monitoring/Reporting;
Compliance Schedule;
Discharge Limits;
Operation Violations;
Certified Operator
Discipline
Referred to
Attorney General
Referred
Petition Filed
Answer Filed
Trial Scheduling Conference
Order Setting Trial for 9/13/16
Amended Petition Filed
3/18/14
6/18/15
7/16/15
9/25/15
9/25/15
12/17/15
SABEER, LLC d/b/a Sleepy Hollow

Campground
Oxford (6)
Wastewater
Water
Supply
Air Quality
NPDES Permit
Violations; Water
Supply Permit
Violations; Open
Burning
Referred to
Attorney General
Referred
6/16/15

CONTESTED CASES
February, 2016
DATE
RECEIVED
NAME OF CASE
F.O.
ACTION
APPEALED
PROGRAM
ASSIGNED
TO
STATUS
10/29/09
Harlan Rudd; Karen Rudd; dba

Rudd Brothers Tires
Order/Penalty
UT
Brees
Informal negotiation. CADR was

submitted, partially rejected with options.
Settlement letter sent 2/24/10.
3/11/10
Bondurant, City of
Order/Penalty
WW
Hansen
7/2013-On hold pending further

investigation. 5/15 Letter to City Attorney
regarding meeting to discuss appeal.
8-27-12
Ag Processing, Inc.; Sergeant

Bluff
Permit Conditions
AQ
Preziosi
Met with appellant on 7/8/15. Settled in

concept.
11-21-12
Ag Processing Inc.
Permit Conditions
AQ
Preziosi
Met with appellant 8/6/15. Settled in

concept.
3-04-13
Anderson Excavating Co., Inc.
Order/Penalty
SW
Scott
Landfill closure remains in final stages, and

discussions concerning post-closure are
underway. Company has obtained adequate
financial assurance as required by
regulation and order. Settlement of pending
AO to be addressed once closure is
complete.
6-10-13
Mike Jahnke
Dam Application
FP
Schoenebaum
Hearing held 7/30/14. ALJ upheld the

permit issued by the Department. Mr.
Jahnke appealed but on 11/3/14 he asked
that his appeal be put on hold until April,
2015.
1/16/14
Council Bluffs Water Works
Permit Conditions
WW
Tack
Hearing continued. Settlement discussions

ongoing.
4/17/14
REIC/Iowa Co. Sanitary Landfill
Permit Conditions
WW
Tack
4/27/15 Consent Order signed by REIC.

Awaiting receipt.
10/01/14
Amsted Rail Company, Inc.

(Griffin Wheel Co.)
Permit Conditions
SW
Scott
Company has agreed to stay pursuit of

appeal of permit terms while groundwater
testing is conducted by consultant to
determine source of contaminants.
Following investigation parties will
continue negotiation of proper permitting
requirements
2/05/15
Mahle Engine Components USA
Order/Penalty
WW
Hansen
Negotiating before filing. 5/15 Settlement

conference to be scheduled.
3/31/15
Duane Covington
Notice to Revoke License
WS
Hansen
Hearing continued to 2/3/16.
5/22/15
Cedar Ridge Vineyards
Order/Penalty
WW
Hansen
Negotiating before filing.
7/02/15
Emmetsburg, City of
Permit Conditions
WW
Crotty
7/07/15
Boone, City of
Permit Conditions
WS
Hansen

CONTESTED CASES
February, 2016
DATE
RECEIVED
NAME OF CASE
F.O.
ACTION
APPEALED
PROGRAM
ASSIGNED
TO
STATUS
7/10/15
Barry Ewoldt
Notice of Verified Well

Interference
WR
Crotty
Hearing rescheduled for 3/10/16.
8/21/15
Bradshaw Farms, LP
Flood Plain Development

Permit for IDOT Bridge
Replacement
FP
Schoenebaum
10/12/15
Ames-Story Environmental C&D

Landfill, Inc.
Amendment #4 to SDP
SW
Scott
DNR and the party are in negotiations

concerning amended permit terms. The
party requested that a hearing not be
scheduled until negotiations are completed.
10/20/15
William Lawler; Jeff Lawler
Order/Penalty
AFO
Book
10/20/15
John Westra
Order/Penalty
AFO
Book
10/20/15
Diana Costello
Permit Issuance
Schoenebaum
10/28/15
Sedore, Inc.
Order/Penalty
Scott
Hearing date revised to February 17,

2015, to allow parties time to negotiate
settlement. Settlement negotiations
continuing.
11/15/15
Cargill, Inc.
Permit Conditions
Preziosi
FP
SW/AQ/
WW
AQ
DATE: February, 2016

TO:
EPC
FROM: Ed Tormey
RE:
Enforcement Report Update
The following new enforcement actions were taken during this reporting period:
Name, Location and
Field Office Number
Program
Alleged Violation
Action
Date
The Good Eggs, LLC

Franklin Co. (2)
Wastewater
Water Quality Violations

General Criteria
Consent Order
$5,000
$1,804.88/Inves.
1/13/16
Mahaska Co. SW Management

Commission (5)
Solid Waste
Permit Violations
Consent Order
1/15/16
Paul Sealine
Hamilton Co. (2)
Animal Feeding
Operation
Prohibited Discharge Confinement
Consent Order
$500
1/25/16
IOWA DEPARTMENT OF NATURAL RESOURCES

RULE MAKING STATUS REPORT
February, 2016
Proposal
Stakeholder
Engagement
Sent for
Governors
Pre-Approval
(Job Impact)
Statement
1. Ch. 20, 21, 22, 23, 25, 26,

27,28, 31 and 33 5-Year Rules
Review Plan
12/17/15
2. Ch. 60, 62, 63, 64 and 67

for National Pollutant Discharge
Elimination System (NPDES)
and Iowa Operation Permits
10/09/15
5/28/15
3/23/15 11/18/15
3. Ch. 64 NPDES General

Permit No. 7
12/17/15
4. Ch. 64 NPDES General

Permit No. 5
1/11/16
5. Ch. 65 Animal Feeding

Operations
1/15/16
6. Ch. 101 Solid Waste

Comprehensive Planning
Requirements Rule Clean-Up
7. Ch. 105, 113 Yard Waste
Disposal
1/27/16
Notice to
EPC
Notice
Published
ARRC
No.
ARRC
Mtg.
Hearing
Comment
Period
12/15/15
1/06/16
2353C
2/05/16
2/15-16/16
2/19/16
Final
Summary
To EPC
Rules
Adopted
Rules
Published
ARRC
No.
ARRC
Mtg.
Rule
Effective
Iowa Department of Natural Resources

Environmental Services Division
Fourth Quarter 2015 Report of Wastewater By-passes
During the period October 1, 2015 through December 31, 2015, 41 reports of a
wastewater by-pass were received. A general summary and count by field office is
presented below. This does not include by-passes resulting from precipitation events or
by-passes resulting in basement backups.
Month
Total
Avg. Length
(days)
Avg. Volume
(MGD)
Sampling
Required
Fish
Kill
1ST Quarter 15
2ND Quarter 15
3RD Quarter 15
4TH Quarter 15
35(52)
52(78)
41(58)
41(34)
0.237
43.505
0.337
0.156
0.011
0.036
0.030
0.018
3
6
3
4
0(0)
0(0)
0(0)
0(0)
(numbers in parentheses are for same period last year)
Total Number of Incidents per Field Office This Quarter:
Field Office
Reports
1
4
2
2
3
14
4
4
5
8
6
9

Fourth Quarter 2015 Report of Hazardous Conditions
During the period October 1, 2015, through December 31, 2015, 166 reports of hazardous conditions were forwarded to the central office. A general summary and count by field
office is presented below. This does not include releases from underground storage tanks, which are reported separately.
Substance
Total
Incidents
Agrichemical
Mode
Petroleum
Products
Other
Chemicals
Transport
Fixed Facility
Pipeline
Railroad
Fire
Other*
Month
Year
Cur
Yr
Ago
Cur
Yr
Ago
Cur
Yr
Ago
Cur
Yr
Ago
Cur
Yr
Ago
Cur
Yr
Ago
Cur
Yr
Ago
Cur
Yr
Ago
Cur
Yr
Ago
Cur
Yr
Ago
Jan
2015
44
68
31
40
11
21
15
11
23
48
Feb
2015
40
69
36
47
17
18
19
15
36
Mar
2015
51
73
36
48
11
24
13
19
35
46
Apr
2015
99
75
25
11
46
50
28
14
41
20
49
44
May
2015
74
66
15
40
33
25
18
20
18
48
39
Jun
2015
77
89
14
48
60
24
15
22
27
47
54
Jul
2015
71
103
53
74
14
23
23
16
39
78
Aug
2015
56
53
45
40
11
11
19
13
34
34
Sep
2015
67
66
47
41
19
19
25
19
37
37
Oct
2015
63
66
41
41
19
22
19
18
35
38
Nov
2015
52
55
34
36
15
14
15
24
29
25
Dec
2015
51
62
38
50
13
11
13
15
33
39
Total
745
845
56
76
495
560
194
209
243
219
424
518
13
32
27
13
40
57
*Other includes dumping, theft, vandalism and unknown
Total Number of
Incidents per Field
Office This
Selected Period
Total
1/21/2016
Field Office 1
Field Office 2
Field Office 3
Field Office 4
Field Office 5
Field Office 6
Current
Year Ago
Current
Year Ago
Current
Year Ago
Current
Year Ago
Current
Year Ago
Current
Year Ago
17
25
18
29
19
10
27
28
46
47
39
44
Report of Hazardous Conditions
Page 1 of 1

Fourth Quarter 2015 Report of Manure Releases
During the period October 1, 2015, through December 31, 2015, 18 reports of manure releases were forwarded to the central office. This includes 3 reports on ammonia released from the
natural decomposition of manure in storage. A general summary and count by field office is presented below.
Total Incidents Surface Water
Impacts
Feedlot
Confinement
Land
Application
Transport
Hog
Cattle
Poultry
Other
Month
Year
Cur
Yr Ago
Cur
Yr Ago
Cur
Yr Ago
Cur
Yr Ago
Cur
Yr Ago
Cur
Yr Ago
Cur
Yr Ago
Cur
Yr Ago
Cur
Yr Ago
Cur
Yr Ago
Jan
2015
Feb
2015
Mar
2015
Apr
2015
May
2015
Jun
2015
Jul
2015
21*
20
18
Aug
2015
9*
Sep
2015
6*
Oct
2015
11*
14
11
11
Nov
2015
Dec
2015
Total
67
48
16
17
58
23
14
56
29
15
Total Number of
Incidents per Field
Office for the
Selected Period
Field Office 1
Field Office 2
Field Office 3
Field Office 4
Field Office 5
Field Office 6
Current
Previous
Current
Previous
Current
Previous
Current
Previous
Current
Previous
Current
Previous
4*
Total
* Counts include reports of ammonia released during the natural decomposition of manure while in storage.
July - 16 reports, August - 5 reports, September - 3 reports and October - 3 reports
1/21/2016
Report of Manure Releases
Page 1 of 1

LEGAL SERVICES BUREAU
DATE:
February 1, 2016
TO:
FROM:
Ed Tormey
SUBJECT:
Summary of Administrative Penalties
The following administrative penalties are due:

NAME/LOCATION
#
#
#
#
#
#
#
#
#
#
#
#
PROGRAM
Robert and Sally Shelley (Guthrie Center)

Daryl & Karen Hollingsworth d/b/a Medora Store(Indianola)
James Harter (Fairfield)
Floyd Kroeze (Butler Co.)
Albert Miller (Kalona)
Mike Messerschmidt (Martinsburg)
Interchange Service Co., Inc., et.al. (Onawa)
Dunphy Poultry (Union Co.)
Cash Brewer (Cherokee Co.)
Doorenbos Poultry; Scott Doorenbos (Sioux Co.)
Doug Sweeney (OBrien Co.)
Harold Linnaberry (Clinton Co.)
Joel McNeill (Kossuth Co.)
Affordable Asbestos Removal, Inc. (Monticello)
Troy VanBeek (Lyon Co.)
Larry Bergen (Worth Co.)
Joshua Van Der Weide (Lyon Co.)
Jon Knabel (Clinton Co.)
Rick Renken (LeMars)
Brian Lill (Sioux Co.)
Denny Geer (New Market)
Shrey Petroleum; Palean Oil; Profuel Three (Keokuk)
Melvin Wellik; Wellik-DeWitt Implement (Britt)
Alchemist USA, LLC; Ravinder Singh (Malcom)
LJ Unlimited, LLC (Franklin Co.)
Bret Cassens; J & J Pit Stop (Columbus Junction)
Christopher P. Hardt (Kossuth Co.)
AKD Investments, LLC; H.M. Mart, Inc. (Blue Grass)
Joe McNeill (Kossuth Co.)
Gonzalez & Sons Express, Inc. (DeSoto)
Steve Friesth (Webster Co.)
Josh Oetken (Worth Co.)
Bhupinder Gangahar/Saroj Gangahar/International Business
Terry Philips; TK Enterprises (Washington Co.)
Boerderij De Vedhoek, LLC (Butler Co.)
B Petro Corporation (Cedar Rapids)
Ken Odom (Iowa Co.)
Massey Properties, LLC; The Wharf (Dubuque)
Robert Downing (Mahaska Co.)
#Animal Feeding Operation

BOLD Entries Have Been Referred to DRF
1
SW
UT
WW
AFO
AQ/SW
AQ/SW
WW
AFO
AFO/SW
AFO
AFO
SW
AFO
AQ
AFO
AQ/SW
AFO
AQ/SW
AFO
AFO
SW
UT
AQ/SW
UT
AFO/AQ/SW
UT
AFO
UT
AFO
WW
AQ/SW
AQ/SW
UT
AQ/WW
AFO
UT
AQ/SW
WS
AQ/SW
AMOUNT
DUE DATE
1,000
3,825
1,336
1,500
9,735
500
6,000
1,500
10,000
1,500
375
1,000
2,460
7,000
3,500
257
3,500
2,000
996
2,755
9,476
10,000
2,900
8,260
3,500
8,700
2,000
6,900
2,460
8,000
7,857
8,220
7,935
3,000
8,500
7,728
5,000
10,000
10,000
3-04-91
3-15-96
8-01-01
2-20-01
9-26-03
4-13-04
5-07-04
6-27-04
8-25-04
10-09-04
12-21-04
5-18-05
1 21-06
4-28-06
10-16-06
11-01-06
2-25-08
12-16-08
7-03-09
7-18-09
10-31-09
3-19-10
4-08-10
5-03-10
5-27-10
6-20-10
7-07-10
8-06-10
12-23-10
4-20-11
11-26-11
3-11-12
4-20-12
5-30-12
11-16-12
5-13-13
4-26-13
10-05-13
11-20-13
#
#
#
#
Shriners Hospital for Children, Inc. (Des Moines)

Larry Eisenhauer (Woodbury Co.)
Randy Wise; Wise Construction (Buena Vista Co.)
Advanced Electroforming, Inc. (Cedar Co.)
Western Iowa Telephone Assoc. (Lawton)
Wendall Abkes (Parkersburg)
Donna J. Jensen (Ringsted)
Dennis Habben (Sioux Co.)
Leda Properties, LTD (Dubuque)
Annies LLC; Togie Pub (Lime Springs)
Joel Thys; Thys Chevrolet, Inc. (Benton Co.)
West Central Cooperative (Halbur)
Muscatine County Solid Waste Mgmt. Agency (Muscatine)
Mark Yeggy; Randalyn Yeggy (Washington Co.)
Tim VanEaton (Orient)
Gary Eggers (Stacyville)
Daniel Muhlbauer (Crawford Co.)
Einck Dairy, Inc. (Winneshiek Co.)
UT
AQ/SW
AQ/SW
AQ
WW
SW
AQ/SW
SW
WW
WS
AQ/SW
WW
SW
AFO
AFO
SW/WW
AFO
AFO
8,890
4,675
3,000
1,500
4,000
3,000
3,000
3,000
5,000
3,500
10,000
4,000
6,000
5,000
6,000
10,000
7,000
4,000
12-03-13
3-01-14
4-10-14
4-03-14
5-24-14
7-30-14
10-17-14
11-01-14
12-12-14
12-22-14
1-04-15
1-04-15
2-11-15
3-23-15
7-21-15
10-17-15
11-14-15
12-23-15
TOTAL
282,740
WW
TOTAL
5,000
2-13-16
AQ/SW
UT
AQ/SW
UT
SW/WW/HC
AQ/SW
AFO
AQ/SW
AFO
AQ/SW
SW
AQ
AFO
AFO
AQ
110
1,408
3,500
10,000
3,845
216
500
3,643
500
1,815
2,900
2,500
2,250
3,000
2,960
4-23-05
6-06-05
12-01-07
1-15-08
7-01-09
4-19-10
10-10-10
9-15-13
11-20-14
2-15-13
11-30-14
9-15-14
12-15-14
2-01-16
12-01-15
TOTAL
39,147
UT
WW
WS
SW
WW
WW
10,000
10,000
8,461
10,000
10,000
1,500
The following penalties have been assessed but are not due
at this time:
The Good Eggs, LLC (Franklin Co.)
The following penalties have been placed on payment plans:

*
*
*
*
#
#
#
#
#
Reginald Parcel (Henry Co.)

Country Stores of Carroll, Ltd. (Carroll)
Douglas Bloomquist (Webster Co.)
Jack Knudson (Irwin)
Jerry Passehl (Latimer)
Jerry Wernimont (Carroll)
Ernest Greiner (Keokuk Co.)
R.H. Hummer Jr., Inc.; 2161 Highway 6 Trail (Iowa Co.)
Steve Grettenberg; Dragster LLC
Millard Elston III; The Earthman (Jefferson Co.)
Simon Simonson (Kossuth Co.)
Niehouse Cleaners & Draperies, Inc. (Marshalltown)
David Dahlgren (Clarion)
Steve Boevers and Dresden LLC (Chickasaw Co.)
Terry McMurray; Virginia McMurray (Bussey)
The following administrative penalties have been appealed:

Harlan Rudd; Karen Rudd; Rudd Bros. Tires (Drakesville)
Bondurant, City of
Helen and Virgil Homer; Grandmas Snack Shop; (Aredale)
Anderson Excavating Company, Inc. (Pottawattamie Co.)
Mahle Engine Components USA, Inc. (Atlantic)
Cedar Ridge Vineyard, LLC (Swisher)
2
# John Westra (OBrien Co.)

# William Lawler; Jeff Lawler (Dubuque Co.)
Sedore Inc.; Sedore Sanitation & Recycling (Stockport)
AFO
AFO
SW/AQ/WW
TOTAL
10,000
9,000
10,000
78,961
The following administrative penalties have been collected:

# Anthony Nagel (Wayne Co.)
Terry McMurray; Virginia McMurray (Bussey)
# Benjamin J. Waigand (Union Co.)
# Steve Boevers and Dresden LLC (Chickasaw Co.)
Simon Simonson (Kossuth Co.)
Paul Sealine (Hamilton Co.)

3
AFO
AQ
AFO
AFO
SW
AFO
1,000
100
2,500
1,500
100
500
TOTAL
5,700
DNR Updated 5/2013

ITEM
TOPIC
DECISION
Contract Amendments with Edge Consulting Engineers, Wapsi Valley Archaeology, and
The University of Iowa, Office of State Archaeologist for Archaeological and Architectural
History Services
Recommendations:
Commission approval is requested for increases in the not-to-exceed amounts of professional services
contracts with Edge Consulting Engineers of Prairie du Sac, Wisconsin, Wapsi Valley Archaeology of
Anamosa, Iowa, and The University of Iowa, Office of State Archaeologist of Iowa City, Iowa. The total
amount of these contracts shall not exceed:
Edge Consulting Engineers:
Wapsi Valley Archaeology:
Office of State Archaeologist:
$90,000
$150,000
$180,000
Funding Source:
These contracts will be funded through the administrative accounts of the Clean Water and Drinking
Water State Revolving Fund (SRF). These accounts are partially funded through loan fees paid by SRF
borrowers. DNR may contract for Phase IA Survey or Phase I Survey archeological services and/or
Reconnaissance Survey architectural history services as needed for specific applicant projects. This level of
investigation is typically adequate, but if additional investigation or effort is required, the cost and
procurement of these surveys will be the responsibility of the SRF applicant.
Background:
Drinking water and wastewater construction projects funded by the SRF are considered federal
undertakings and subject to the National Environmental Policy Act and the National Historic Preservation
Act. Each project must either have a Categorical Exclusion (CX) or must demonstrate a Finding of No
Significant Impact (FNSI), which must include documentation of the process of determining potential
impacts on natural and cultural resources.
Since 2006, SRF Environmental Review Specialists have been assisting SRF applicants by determining and
issuing CXs, seeking clearances from consulting parties, contracting for archeological and/or architectural
history investigations, preparing documentation for the State Historic Preservation Office, compiling the
Environmental Information Documents, and issuing FNSIs. This service is unique among the water and
sewer funding programs; in the other programs applicants must pay a grant administrator or consulting
engineer to conduct the review and cover any expenses for archeology or architectural history surveys.
Prior to 2006, the environmental review process was considered by many applicants to be a barrier to
participating in the SRF programs. Providing environmental review services has removed that barrier and
has contributed to the growth of the SRF.
Contract Numbers 14ESDWQBPCALE-0004; 14ESDWQBPCALE-0006
DNR Updated 5/2013
Since SRF began contracting for these archeology and architectural history surveys on behalf of SRF
applicants, a total of $1,170,000 has been awarded for contracts. During that same timeframe, the SRF
programs have committed $1.8 billion for water and wastewater infrastructure.
Purpose:
The parties propose to enter into these contract amendments for the purpose of continuing to retain the
contractors to provide archeological and/or architectural history services relating to State Revolving Fundfinanced water supply and wastewater construction projects. DNR has executed contracts with these
service providers on a retainer basis. As the need for specific archeological and/or architectural history
investigations is identified, the DNR solicits bid proposals from the selected contractors for the specific
scope of work. The DNR then selects the most appropriate bid proposal and executes an addendum to the
contract with the selected contractor to provide the specific services. The selection may be based on
price, availability and project schedule, special qualifications, and/or past performance.
Contractor Selection Process:
The contractors were originally chosen in 2013 using a formal, competitive process.
Contract History:
In June 2015, the contracts were renewed for an additional two years and the not-to-exceed amounts
were increased from the original contract amounts for the Office of State Archaeologist (from $90,000
to $120,000) and Wapsi Valley Archaeology (from $60,000 to $90,000). The proposed amendments add
additional funds to these contracts as well as to that of Edge Consulting, Inc. based on each contractors
history of participation.
Patti Cale-Finnegan, SRF Coordinator
Water Quality Bureau
January 25, 2016
Attachment(s): Proposed Contract Amendments
Contract Numbers 14ESDWQBPCALE-0004; 14ESDWQBPCALE-0006
LITIGATION REPORT
Prepared By: Kelli Book
Date: January 25, 2016
I.
Summary
The DNR seeks referral of Jim Frye to the Attorney Generals Office for an
appropriate enforcement action, due to the discharge of manure from his
confinement animal feeding operation that resulted in water quality violations
and a fish kill. This referral includes the following violations: 1) prohibited
discharge of a pollutant to a water of the state; 2) violation of the states water
quality criteria; 3) failure to retain all manure between periods of application; 4)
failure to report a manure release; 5) failure to land apply so as not to cause
surface or groundwater pollution; and 6) failure to comply with the manure
management plan.
II.
Alleged Violator
Jim Frye
605 15th Avenue NE
Independence, Iowa 50644
III.
Description of Facility
Jim and Sue Frye own and operate a 3,600 head (1,440 animal units)
confinement swine finisher operation. The facility has three confinement
buildings, constructed in 1997, 1999, and 2005, respectively. Manure is stored in
below building pits. The facility is located at 1499 Mason Avenue, Hazelton, Iowa
(SW of the SW 1/4 of Section 30, Buffalo Township, Buchanan County, Iowa).
IV.
Alleged Violations
a.
Facts
September 29, 2015:

1.
DNR Field Office 1 received a complaint of dead fish in Pine Creek
in Buchanan County.
2.
Sue Miller, DNR Field Office 1 environmental specialist, began the
complaint investigation. She first stopped at the County Road W33 bridge over
Pine Creek and observed two dead fish at this location. Laboratory sample
results from this location indicated an ammonia concentration of 14 mg/L. At
the 155th Street bridge over the west branch of Pine Creek, Ms. Miller noted
murky water and the field test indicated an ammonia concentration over 2 ppm.
LITIGATION REPORT for JIM FRYE

FEBRUARY 2016 EPC MEETING
Laboratory sample results from this location indicated an ammonia
concentration of 4.4 mg/L. Ms. Miller also collected a laboratory sample from
the area of 1644 Nathan Bethel in Pine Creek and the laboratory sample result
indicated an ammonia concentration of 20 mg/L. At this point of the
investigation, Ms. Miller contacted Dan Kirby, DNR Fisheries biologist, regarding
the fish kill. Mr. Kirby and his staff conducted a fish kill count over the next two
days.
Dead Fish observed by DNR Field Office 1 personnel in the areas noted above.
3.
Ms. Miller continued to the next bridge upstream at 140th Street
and Mason Avenue. The water in the stream at this location was clear and the
ammonia level was below detection level. Laboratory sample results from this
location indicated an ammonia concentration of 0.10 mg/L. The west branch of
Pine Creek bifurcates upstream of 150th Street. The east fork of the west branch
appeared to be dry at this location.
4.
Ms. Miller observed two confinement feeding operations between
155th Street and 140th Street. The first confinement feeding operation Ms. Miller
visited was owned and operated by Scott Frye. Ms. Miller walked around the
facility as well as around the tile line outlets near this facility and found no
evidence of a manure discharge from the facility. However, the field tests
upstream of the tile outlets did indicate an ammonia concentration of greater
than 2 ppm. Ms. Miller continued to the second confinement feeding operation
upstream of the first operation. This facility is Jim and Sue Fryes facility. At the
time of Ms. Millers visit to the facility, no one was present. She was able to
access the stream on the southern end of the property and the field test indicated
an ammonia concentration of greater than 2 ppm. Ms. Miller contacted Jim Frye
by telephone. Ms. Miller explained his facility could be the source of the manure
discharge. Mr. Frye was out of town and agreed to meet Ms. Miller at the facility
the following morning.
September 30, 2015:
5.
Ms. Miller and Tom McCarthy, DNR Field Office 1 environmental
specialist senior, returned to the Jim and Sue Frye facility. Mr. Frye explained to
the field office personnel that about 10 days earlier he pumped manure to the
2

surrounding cornfields and waterway to the north of the confinement buildings
because the manure pits were full.
Hose used to pump

manure from
confinement building.
Note, manure pool in top
right corner.
6.
Mr. Frye then took the field office personnel to the north side of the
confinement buildings where they observed manure running out of the middle pit
fan on the side of the confinement building. The manure was running north
between the first buildings and running into a waterway that drains to Pine
Creek. The field office personnel instructed Mr. Frye to place a soil berm to catch
the manure runoff and pump the west manure pit. The manure was to be land
applied. The field office personnel asked about the fields. Mr. Frye explained
that the fields were tiled and the tiles outlet at Pine Creek.
Manure overflow
from confinement
building.

Manure
discharging from
the pit fan.
7.
Mr. McCarthy went to the southern end of the property where he
entered the creek and walked north. Ms. Miller followed the waterway to the
creek. At the end of the waterway, Ms. Miller noted a tile line with water
discharging. The tile line and creek were free of ammonia at this location. Mr.
McCarthy discovered two tile outlets located approximately 100 feet south of the
end of the waterway. The field tests of the two tile outlets indicated high
concentrations of ammonia. The laboratory sample results from this location
indicated an ammonia concentration of 140 mg/L and 340 mg/L.
8.
The field office personnel noted a considerable amount of liquid
manure in the waterway from the confinement buildings to the creek. They asked
that Mr. Frye use a skid loader to remove the grass to expose the manure on the
ground. Mr. Frye did that and then the field office personnel required Mr. Frye
to put sawdust on the ground to absorb the manure. Mr. Frye also constructed a
containment to collect the discharge from the two tile outlets to prevent further
discharge to Pine Creek. Mr. Frye installed a pump connected to a hose that
transferred the collected contaminated water to a field on the east side of the
creek. Burco Manure Pumpers, a certified manure service, arrived in the
afternoon and began hauling manure out of the confinement building. The
manure was taken to an off-site field location and the pumping continued until
the pits were empty. It was later determined by the field office that the field
where the manure was land applied was not in Mr. Fryes manure management
plan.
9.
The field office personnel went upstream of the Frye facility in Pine
Creek. The laboratory sample results from this location indicated an ammonia
concentration of 0.15 mg/L.
October 1, 2015:

10.
Ms. Miller returned the Frye facility. She once again took field tests
at the downstream locations where samples were taken earlier in the
investigation. The water still contained detectable amounts of ammonia. While
at the facility, Ms. Miller noted that manure pumps were idling at the
confinement building and the south pump was dribbling manure on the ground.
No one was at the facility at the time, but a representative from Burco Manure
Pumpers arrived during the visit to fill a tanker wagon. He stated that he had
been keeping the pumps on to stir the manure but that he would discontinue
doing that.
October 5, 2015:
11.
Ms. Miller contacted Mr. Frye by telephone. He stated he brought
in two 1,600 gallon tanks of water to flush the tile lines in the waterway. Ms.
Miller then visited the site. She again took field tests at the downstream locations
and there was no detectable ammonia. She noted that Mr. Frye dug up the tile in
the waterway north of the confinement buildings. Mr. Frye stated he flushed the
perimeter tile as well. He stated he observed a lot of manure discharging from
the tiles when the tiles were flushed. The field tests of the tile line outlets still
showed ammonia concentrations greater than 2 ppm.
October 9, 2015:
12.
Mr. Frye contacted Ms. Miller by telephone to summarize the series
of events that lead to the manure discharge. He stated that by mid-September
the three confinement building pits had filled up faster than he had anticipated.
He stated about 10 days before the manure discharge report and fish kill, he
borrowed Burco Manure Pumpers equipment and pumped the first buildings pit
down about 8 inches, amounting to approximately 48,000 gallons of manure.
The manure was pumped to the field with standing corn directly west of the
confinement buildings. The manure was not applied at the appropriate rate; the
manure management plan for the facility listed the application rate at 3,400
gallons/acre. The manure was not incorporated; the manure management plan
for the facility stated the manure would be injected. Mr. Frye stated that two
days later he pumped the second confinement buildings pit down about 4 inches,
amounting to approximately 24,000 gallons of manure. The manure was
pumped to another field with standing corn that was directly east of the northern
portion of the confinement buildings. The manure was not applied at the
appropriate rate and was not incorporated. Mr. Frye stated the following day he
pumped the third confinement buildings pit down about 4 inches, amounting to
approximately 24,000 gallons of manure. The manure was pumped to another
field with standing corn that was directly north of the confinement buildings.
The manure was not applied at the appropriate rate and was not incorporated.
Between September 19 and September 22, Mr. Frye pumped approximately
96,000 gallons of manure to standing corn.
5

13.
Ms. Miller determined the manure that was observed on September
30 overflowing from the pit fan possibly entered the perimeter tile surrounding
the confinement building as well as flowed over the ground to the waterway. The
perimeter tile is connected to the main waterway tile that drains to Pine Creek.
Ms. Miller could not determine the exact amount of manure that overflowed from
the building. All of the cornfields used by Mr. Frye were tiled to drain to Pine
Creek. The surface drainage from the field also flows to the north and east to
waterways connected to Pine Creek.
October 27, 2015:
14.
DNR issued a Notice of Violation letter to Jim and Sue Frye for the
violations discovered during the field offices investigation in September and
October. The letter required Mr. and Mrs. Frye to submit a plan for providing
adequate storage and preventing future loss of manure at the facility. The letter
also stated the matter was being referred for further enforcement.
November 12, 2015:
15.
Mr. Frye submitted the plan for providing for adequate storage and
preventing future manure discharges. The plan included the following steps: 1)
Mr. Frye would pump the buildings again at the end of November, which would
provide another month of storage; 2) he would use measurements to forecast if
spring application is needed; 3) we would plant 45 acres of 100 day corn so the
field can be used if application is needed earlier in the fall; and 4) he would
remove the water system that was releasing excessive water in the pits. Field
Office 1 approved the plan.
Fish Kill Investigation
16.
DNRs Fisheries Bureau conducted the fish kill investigation. The
fish kill investigation was led by Dan Kirby who was assisted by Megan Thul and
Mark Winn. The Fisheries personnel used the methods for narrow streams,
incompletely accessible as outlined in American Fisheries Society, Special
Publication 30. This determination was made due to the extreme turbidity
caused by manure in the waterway, rough terrain over 2 miles of private
property, and overhanging bank vegetation. The stream appeared to have been
relatively steady as no dead fish were observed high on the banks. The fish
appeared to have been dead for several days as decay was advanced and
disarticulation of the primary skeletal structure occurred in some specimens
during gentle handling.
17.
The fish kill assessment determined that 5,459 fish were killed,
valued at $1,895.96. The Fisheries Bureau investigative costs were $641.01. The
total fish value and investigative costs totaled $2,536.97.
6

b.
Law
1.
Iowa Code section 455B.186 and 567 IAC 62.1(1) state that 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 pursuant to a permit issued by the Director. During the
September and October 2015 investigation, DNR Field Office 1 found evidence
that the manure from the Frye facility was discharged to Pine Creek. The above
facts indicate violations of these provisions.
2.
Iowa Code section 459.311 and 567 IAC 65.2(3) require, in part, that
the minimum level of manure control for a confinement feeding operation shall
be the retention of all manure produced by the operation between periods of
manure application. In no case shall manure from a confinement feeding
operation be discharged directly into a water of the state. Mr. Frye admitted to
intentionally pumping manure from his confinement buildings to corn fields on
at least three different occasions. DNR Field Office 1 personnel documented a
manure discharge to Pine Creek. Additionally, DNR Field Office 1 personnel
observed manure in the waterway near the facility and discharging from one of
the confinement buildings pit fans. The above facts indicate violations of these
provisions.
3.
567 IAC 61.3(2) provides general water quality criteria and
prohibits discharges that will produce objectionable color, odor or other
aesthetically objectionable conditions; settle to form sludge deposits; interfere
with livestock watering; or are toxic to animal or plant life. During the
September and October 2015 investigation, DNR Field Office 1 personnel found
evidence of general water quality violations including manure odor, turbid
waters, and a fish kill. The above facts indicate violations of this provision.
4.
567 IAC 65.2(9) requires a person storing, handling, transporting,
or land applying manure from a confinement feeding operation who becomes
aware of a release shall notify the DNR of the occurrence of release as soon as
possible but not later than six hours after the onset or discovery of the release.
Mr. Frye admitted to intentionally pumping manure from his confinement
buildings to corn fields on at least three different occasions. At no point did Mr.
Frye notify the DNR of the releases. The above facts indicate violations of this
provision.
5.
567 IAC 65.2(7) requires that all manure removed from an animal
feeding operation or its manure control facilities shall be land-applied in a
manner which will not cause surface or groundwater pollution. The intentional
pumping of the manure by Mr. Frye was not properly land applied and the
intentional pumping led to a discharge to Pine Creek. The above facts indicate a
violation of this provision.
7

6.
567 IAC 65.17(7)a requires that the manure management plan
identify the method that would be used to land apply the confinement feeding
operations manure. Mr. Fryes manure management plan stated the method of
application as injection. The intentional pumping of the manure by Mr. Frye was
not injected and the intentional pumping led to a discharge to Pine Creek. The
above facts indicate a violation of this provision.
7.
Iowa Code section 481A.151 provides that a person who is liable for
polluting a water of this state in violation of state law shall also be liable to pay
restitution to the DNR for injury caused to a wild animal by the pollution. The
DNR has adopted 571 IAC 113. 571 IAC 113 provides that a person who is liable
for polluting a water of this state in violation of state law shall also be liable to
pay restitution to the DNR for injury caused to a wild animal by the pollution. A
fish kill resulted from the manure discharge at the Frye facility.
8.
Iowa Code section 455B.191(4) authorizes the Attorney General to
institute legal proceedings necessary to secure enforcement of the water quality
provisions of the law. Iowa Code section 455B.191(1) authorizes civil penalties of
up to $5,000 per day of violation of statutory provisions or DNR rules. Iowa
Code section 455B.191(2) authorizes more serious criminal sanctions for
negligent or knowing violations.
V.
Witnesses
The following DNR personnel will be potential witnesses: Tom McCarthy, Sue
Miller, Dan Kirby, Megan Thul and Mark Winn. Ms. Miller will be available
during the February 2016 EPC meeting to answer additional questions.
LITIGATION REPORT
Prepared by: Kelli Book
Date: January 25, 2016
I.
Summary
The DNR seeks referral of the Cedar Rapids Community School District (CRCSD)
and Abatement Specialties, LLC (Abatement Specialties) to the Attorney
Generals Office for appropriate enforcement action, due to asbestos National
Emission Standards for Hazardous Air Pollutants (NESHAP) violations in
connection with a renovation project at Washington High School in Cedar
Rapids, Iowa. This referral includes the following violations: failure to remove all
regulated asbestos containing material prior to demolition, failure to keep all
regulated asbestos containing material adequately wet, and failure to seal all
asbestos containing material in leak-tight containers. Under the NESHAP,
CRCSD is liable for the violations as the owner of the school, and Abatement
Specialties is liable for the violations as the asbestos abatement removal
contractor at the school.
II.
Alleged Violators
Cedar Rapids Community School District

2500 Edgewood Road, NW
Cedar Rapids, Iowa 52405
Abatement Specialties, LLC
1814 East Avenue NE
Cedar Rapids, Iowa 52403
III.
Description of Facility
Washington High School is an education center in the CRCSD and is located at

2205 Forest Avenue Southeast in Cedar Rapids, Iowa. The present school
structure was constructed in 1957 within additions in 1961, 1971, 1990 and 2005
for a total of approximately 312,000 square feet. The building is two-stories tall
with a full basement. The student and staff population is approximately 1,300.
The school houses a gymnasium, pool and auditorium.
IV.
Alleged Violations (including facts and applicable law)
Asbestos is a known cause of lung disease, asbestosis, and cancer, specifically

mesothelioma. Asbestos is a hazardous air pollutant. Failure to follow proper
removal and disposal techniques of the regulated asbestos containing material
creates an environmental hazard to the workers and general public through the
LITIGATION REPORT for CEDAR RAPIDS COMMUNITY SCHOOL

DISTRICT and ABATEMENT SPECIALTIES, LLC
February 2016 EPC MEETING
likely release of asbestos fibers. Proper removal and disposal of asbestos
containing material is required pursuant to the Clean Air Acts asbestos NESHAP.
A.
FACTS
CRCSD is conducting a large scale renovation project at Washington High School

(school). The project is a multi-year project. As part of the project asbestos is to
be abated prior to the renovation activities. The general contractor for the project
is Woodruff Construction, LLC (Woodruff Construction). Woodruff Construction
has oversight over the subcontractors, except for the asbestos abatement
contractor. CRCSD contracted directly with Abatement Specialties for the
asbestos abatement work at the school. CRCSD also contracted with ShiveHattery, Inc. (Shive-Hattery) to inventory asbestos containing material that
would be disturbed during the renovation project. Shive-Hattery was also
contracted to conduct clearance sampling (air sampling) after the asbestos
removal was completed. The federal Asbestos Hazard Emergency Response Act
(AHERA) requires schools to pass clearance sampling when conducting asbestos
removal projects. An asbestos abatement is considered successful if it passes the
aggressive air clearance sampling with less than 71 asbestos fibers per cc of air.
In June 2015, DNR received a complaint regarding the renovation project at
Washington High School. As a result of the complaint investigation, DNR
obtained photographs, work reports and work notes from subcontractors on site,
as well as from CRCSD. The documents received during this investigation
indicated problems with the asbestos abatement as early as December 2014.
Details of the DNRs investigation and resulting violations are set out below:
SUMMARY OF DNRS INVESTIGATION:
June 2015:
On or around June 24, 2015, DNR received an anonymous telephone complaint
regarding the ongoing renovation project at the school. The complainant stated
that Abatement Specialties was leaving asbestos debris throughout the school.
On June 26, 2015, Tom Wuehr, DNR environmental specialist, visited the school
to investigate the complaint. Mr. Wuehr observed dozens of workers at the
school along with teachers and students. Mr. Wuehr spoke to various workers
with the other companies working at the school regarding any concerns relating
to asbestos. All of the workers who Mr. Wuehr spoke to had concerns with the
asbestos removal work that Abatement Specialties was doing. Mr. Wuehr spoke
with several employees of Day Mechanical, including Robert Kindschi, site
superintendent. Mr. Kindschi and the Day Mechanical employees all had
concerns that Abatement Specialties had created an asbestos hazard. Mr. Wuehr
2

observed dry suspect material throughout the school. He noted debris
throughout the building outside of containment. Mr. Wuehr took several
photographs of the areas where Mr. Kindschi indicated there was asbestos debris.
Mr. Wuehr collected a sample of suspect material from the tan ceiling tile debris.
The debris was on a man-lift over the entrance to Room 104. The debris was in a
dry condition and not contained. The aggregate laboratory result contained
several discrete materials which were composed of 7% Chrysotile asbestos and
20% asbestos.
Photograph taken above the Entrance to Room 104 on June 26, 2015.
Grab sample was taken.
The aggregate contained several discrete materials which were composed of 7%
and 20% Asbestos.

Photograph taken during June 26, 2015 visit.

The air is being pumped from the containment to the school hallway. This is
problematic because if the filter or machine malfunctions then contaminated air
is released into the hallways. According to records from Shive-Hattery the HEPA
filter was failing around 40% of the time. Shive-Hattery informed the DNR that
the particle count was only 60% effective.
On June 30, 2015, Mr. Siems of Shive-Hattery observed an Abatement Specialties
employee doing a glove-bag removal of asbestos containing fittings without the
presence of water in the room. The employee was the only person in the room
and not supervised during the removal. The employee was asked to stop his work
until he had a water source. The employee went to another room and returned
with a water sprayer.
July 2015:
On July 1, 2015, Mr. Wuehr returned to the school. He collected two more
samples of suspect material from tar debris by the entrance to the gym and from
black foam debris by the ticket office. The laboratory results did not indicate
regulated amounts of asbestos in the samples. Mr. Wuehr also took several more
photographs.
On July 2, 2015, Mr. Wuehr returned to the school. He collected seven samples
of suspect material from various areas of the school. The debris samples were in
a dry condition and not contained. The locations and results of the laboratory
analysis are as follows:
4

Sample Location
Room 103
Type of Material
Sampled
Plaster Wrap Debris
Room 101a
Room 101b
Transite Debris
Pipe Wrap Debris
Library
Ceiling Debris
Boiler Room
Tar Debris
Boiler Room
Boiler Room
Insulation Debris
Pipe Joint Debris
Laboratory Sample
Results
10% Chrysotile Asbestos
15% Amosite Asbestos
25% Total Asbestos
25 % Chrysotile Asbestos
3% Amosite Asbestos
5% Total Asbestos
No Asbestos Containing
Material
No Asbestos Containing
Material
15% Amosite Asbestos
25% Total Asbestos
Mr. Wuehr met with Bow Thornburg and Mario Keller with Abatement
Specialties. Mr. Wuehr asked these individuals if there had been any problems at
that school. Mr. Keller admitted there had been a fiber release at the school on
June 18, 2015. After further investigation, DNR determined the incident on June
18 occurred when Mike Boewitz, with Woodruff Construction, observed two
abatement workers with Abatement Specialties in Rooms 215 and 217 hitting
asbestos containing transite panels with hammers to break them up to fit in 55
gallon barrels. There was no water involved and no containment. The windows
and doors were open. There were subcontractors in the same area as the
abatement workers. Mr. Boewitz observed two 55 gallon barrels. One was full
and the other was half full of damaged panels with debris on the floor. Mr.
Boewitz called in the Abatement Specialties supervisor and instructed him to
establish critical barriers to the two classrooms. Mr. Boewitz notified Chris
Gates, CRCSD construction project specialist, and Denny Thornburg with
Abatement Specialties. On June 19, 2015, Shive-Hattery provided CRCSD with
photographs taken of the work area.

Photograph taken in Rooms 215 and 217 on June 18, 2015

Broken Asbestos Containing Transite Panels
Contains 20% Asbestos
Photograph taken in Rooms 215 and 217 on June 18, 2015

Broken Asbestos Containing Transite Panels
Contains 20% Asbestos
A July 2, 2015 subcontractor daily construction report from Day Mechanical to
Woodruff Construction indicated that pipe insulation was found throughout
Mechanical Room 027 and other debris could be seen throughout the school.
On July 2, 2015, Mr. Siems walked around areas where abatement work had
taken place. In the office area where the window abatement had occurred, Mr.
6

Siems observed a large amount of asbestos containing sealant remaining on the
window openings and on the ground. Mr. Siems also observed a large amount of
asbestos containing transite and debris in areas of Rooms 104, 104E, 106A, and
106B. Mr. Siems met with Mr. Gates to review the areas of concern.
On July 7, 2015, Mr. Wuehr spoke to Mr. Siems. Mr. Siems indicated that the
aggressive air testing of areas outside of the containment in the school in July
had yielded up to 75 asbestos fibers in the library; the library is across from the
area where Abatement Specialties was breaking up dry asbestos containing
transite panels outside of containment on June 18, 2015. One of the clearance
samples was above the AHERA limit and the remaining samples were below the
AHERA limit but asbestos was still present in those samples. Mr. Wuehr
recommended the school be closed because the airborne concentrations were still
above the limits several weeks after the incident. Mr. Wuehr contacted Rob
Kleinsmith, CRCSD building and grounds manager, and informed him that the
school needed to be closed because of an unacceptable risk of asbestos exposure
to the school occupants. Mr. Kleinsmith questioned whether similar asbestos
levels could be found in the outside air. Mr. Wuehr stated that asbestos is a
naturally occurring mineral and may occur in outside air. However no more than
one or two fibers would be expected to be found. Mr. Kleinsmith eventually
agreed to close the school.
On July 8, 2015, Mr. Wuehr returned to the school. He confirmed that only work
on the building exterior was taking place. Some entrances to the building had
been sealed by sheetrock and other entrances were locked. Mr. Wuehr met with
Mr. Siems, Blake Plattt with Woodruff Construction, Mr. Kleinsmith and Mr.
Gates. The group discussed the cleanup of the school. Mr. Siems recommended
that additional asbestos workers would be needed for the cleanup project. The
group agreed that the cleanup could proceed in stages, with one area cleaned at a
time, and, if clearance samples passed, that area would be cleared for occupancy.
Mr. Wuehr informed the group that the cleaned areas must remain sealed from
the contaminated areas.
On July 13, 2015, Mr. Wuehr returned to the school to evaluate the progress of
the cleanup. Mr. Wuehr met with Mr. Siems, Mr. Gates, and Mr. Kleinsmith.
CRCSD hired two other asbestos abatement companies to work with Abatement
Specialties.
On July 15, 2015, Mr. Wuehr returned to the school. He met with Mr. Siems. Mr.
Siems indicated that Abatement Specialties was having problems with the
decontamination work. Abatement Specialties failed to pass visual air clearance
inspections on numerous occasions. On July 3, 2015 all subcontractors working
for Woodruff either left the school or did not report to the school. On July 16,
2015, workers for Pierce Wall, a construction contractor, left the site because of
7

concerns about the practices of Abatement Specialties using a shop vacuum to
clean up asbestos containing debris. Workers for Pierce Wall witnessed
Abatement Specialties dump the contents of a shop vacuum in an asbestos
container.
On July 16, 2015, during a visual inspection Mr. Siems observed workers from
Abatement Specialties using a shop vacuum to clean up asbestos containing
debris. In an email to Mr. Siems dated July 16, 2015, Mr. Kleinsmith questioned
the difference between the AHERA and NESHAP requirements. Mr. Kleinsmith
stated he was not interested in testing without justification. Mr. Siems responded
that use of a shop vacuum was an unacceptable asbestos removal method and it
would be difficult to not respond with a test to document a safe working
environment.
On July 17, 2015, Mr. Wuehr contacted Dr. Brad Buck, CRCSD superintendent.
Mr. Wuehr requested Abatement Specialties be removed from the project
because of continuous failures in the clearance sample protocol and concerns
regarding the breach of asbestos containment by the Abatement Specialties
workers. Mr. Wuehr was later informed by Mr. Siems that Abatement Specialties
had left the project and that work at the school was going well.
On July 20, 2015, Notice of Violation letters were issued to CRCSD and
Abatement Specialties for the following violations: failure to remove all regulated
asbestos containing material from a facility prior to renovation, failure to keep all
asbestos containing material adequate wet until properly collected, and failure to
seal all asbestos containing material in leak-tight containers. The letter
requested CRCSD provide the air clearance samples taken by Shive-Hattery. The
letter also informed CRCSD that enforcement may occur as a result of the
violations.
DNRs review of employee records indicate that at least 119 workers from
Woodruff Construction and at least seven subcontracting companies were on site
at the school between June 8, 2015 and July 15, 2015. It is unknown how many
school employees, students and general public were in the school during that
same time period.
SUMMARY OF EVENTS PRIOR TO DNRS INVESTIGATION:
Based on the notes of the subcontractors reviewed by the DNR, it appears that
concerns with asbestos and asbestos debris has been an ongoing issue with the
school project for months prior to DNRs investigation. In December 2014,
asbestos debris was found in the basement area of the school. The floor was
covered with a white coating and dry asbestos was found in the crawl space. This
was the first time asbestos was identified in the pipe hangers. Mr. Siems notified
8

the contractor and CRCSD representatives of the problem. CRSCD had
Abatement Specialties clean the area before further work was done in the area.
In April 2015, one of the air clearance tests in the mechanical area below the
womens locker room failed due to high asbestos counts.
In May 2015, Mr. Siems was notified by one of the sub-contractors of concerns in
the boiler room. Mr. Siems observed a substantial amount of asbestos debris
scattered throughout the boiler room floor including a five foot long section of
air-cell insulation. Mr. Siems notified Abatement Specialities and CRCSD of the
situation. In an email, dated May 18, 2015, Mr. Siems notified Mr. Gates and
Tammy Carter, also a CRCSD employee, of the trouble in the boiler room. He
stated that he doubted that proper glove bag procedures had been utilized when
the removal had taken place.
A subcontractor construction report from Day Mechanical to Woodruff
Construction on June 3, 2015, indicated that they were conducting demolition
work in Room 027 that was cleared of asbestos, but during the demolition Day
Mechanical found asbestos that had not been removed. A similar construction
report was filed on June 18, 2015 for the wood shop. Employees of the
subcontractor, Universal Climate, notified Woodruff Construction of their
concerns with debris in the mechanical room on June 5, 2015.
B.
APPLICABLE LAW
Iowa Code section 455B.133 provides for the Environmental Protection

Commission to establish rules governing the quality of air and emission
standards. Pursuant to Iowa Code section 455B.133, 567 IAC section 23.1(3) was
established, which adopts by reference the federal regulations regarding asbestos
removal. The United States Environmental Protection Agency has delegated to
the State of Iowa the authority to implement and enforce the demolition and
renovation portions of the federal asbestos NESHAP, found at 40 CFR part 61,
subpart M.
40 CFR section 61.145(c) details the procedures for asbestos emission control
and states that each owner or operator to whom the provisions apply shall
comply with the procedures. The facts in this case indicate that as the owner of
the school the CRCSD was not in compliance with these provisions when the
renovation project occurred.
40 CFR 61.145(c)(1) provides that all regulated asbestos containing material shall
be removed from a regulated facility before any activity begins that would break
up, dislodge, or similarly disturb the material or preclude access to the material
for subsequent removal. Mr. Wuehr observed regulated asbestos containing
9

material that had not been removed prior to the renovation project. He
documented asbestos containing material throughout the school. Additionally,
air clearance samples from Shive-Hattery indicated that high levels of asbestos
fibers were found in uncontained areas of the school. The facts in this case
indicate violations of this provision.
40 CFR 61.145(c)(6)(i) provides that all regulated asbestos containing material,
including material that has been removed or stripped, shall be adequately wet
and shall remain wet until collected and contained. Mr. Wuehr found dry
regulated asbestos containing material exposed to the open air of the school. The
dry regulated asbestos containing material was found throughout the school.
Additionally, evidence from Shive-Hattery indicated that workers from
Abatement Specialties were breaking up asbestos containing transite panels
without a water source. The facts in this case indicate violations of this provision.
40 CFR 61.150 contains standards for asbestos waste disposal for demolition and
renovation operations. Specifically, 40 CFR 61.150(a)(1)(iii) provides that all
asbestos containing waste materials, while wet, shall be sealed in leak-tight
containers or wrapping. Mr. Wuehr found dry regulated asbestos containing
material exposed to the open air of the school. The dry regulated asbestos
containing material was found throughout the school. Additionally, evidence
from Shive-Hattery indicated that workers from Abatement Specialties were
breaking up asbestos containing transite panels without a water source. The
broken panels were observed in two 55 gallons barrels. The facts in this case
indicate violations of this provision.
V.
Witnesses
The following Air Quality Bureau personnel will be a potential witness: Tom
Wuehr. Mr. Wuehr will be available during the February 2016 EPC meeting to
answer additional questions. Other witnesses available to the Attorney Generals
Office would include employees of Shive-Hattery and the subcontractors.
10

ITEM
TOPIC
10
NOTICE
Proposed Rule Amendments to Wastewater Rules to include

Pesticide Discharges, including Chapter 64
A summary of the draft amendments to Chapter 64, Wastewater Construction and Operation
Permits, is being presented to the Commission for Notice of Intended Action. These proposed
rules will amend Chapter 64 to renew NPDES General Permit 7 (GP7) which authorizes
discharge of biological pesticides and chemical pesticide residues to waters of the United States.
The current general permit was issued March 30, 2011, and it expires March 29, 2016. These
amendments are proposed to be filed as Adopted and Filed Emergency after Notice, with an
effective date of May 18, 2016, in order to minimize the length of time the expired permit must
be administratively extended.
Pesticide applications covered under GP7 include those for control of aquatic nuisance insects,
weeds, algae, bacteria, fish parasites, and aquatic nuisance animals. Irrigation return flows and
agricultural storm water discharges are not covered under GP7 as they are specifically exempted
from the Clean Water Acts permitting requirements. There are no fees associated with GP7.
Through the use of best management practices (BMPs), the renewed GP7 will continue to
require compliance with general water quality criteria. The BMPs include following label
instructions, conducting regular equipment maintenance, and visually monitoring application
sites when possible.
Changes from the current GP7 include eliminating requirements for submitting a Notice of
Intent, adhering to strict integrated pest management practices, developing pesticide discharge
management plans, and submitting annual reports. Eliminating these requirements will reduce
the regulatory burden on permit holders.
The following is a summary of the proposed amendments to Chapter 64:
Establish effective and expiration dates for GP7.
Remove the Notice of Intent requirement for GP7.
Stakeholders participated in the development of these proposed rules. The department also plans
to hold a public hearing to obtain additional public comment.
John Tack, Chief
February 16, 2016
ENVIRONMENTAL PROTECTION COMMISSION[567]

Notice of Intended Action
Pursuant to the authority of Iowa Code section 455B.173(11), the Environmental
Protection Commission (Commission) hereby gives Notice of Intended Action to amend Chapter
64, Wastewater Construction and Operation Permits, Iowa Administrative Code.
The purpose of this action is to reissue the existing National Pollutant Discharge
Elimination System (NPDES) Pesticides General Permit known as General Permit #7 (GP7).
This general permit allows for the discharge of pesticides to waters of the United States. The
current general permit was issued on March 30, 2011, and expires on March 29, 2016. Pesticide
applications covered under GP7 include those for control of aquatic nuisance insects; weeds,
algae, fungi, bacteria, and fish parasites in water and at waters edge; aquatic nuisance animals;
and forest canopy pests at waters edge. Irrigation return flows and agricultural storm water
discharges are not covered under GP7 because they are specifically exempted from the Clean
Water Acts permitting requirements. There are no fees associated with GP7.
In addition to renewing GP7, the Commission is proposing to further reduce the
regulatory burden on pesticide applicators by removing the existing requirement that large
applicators must submit a Notice of Intent (NOI) for coverage under GP7. Under the renewed
permit, all pesticide applications meeting the eligibility criteria will be automatically covered,
without the need to submit an NOI. The Commission is also proposing to remove all
requirements that were specific to large applicators, including the development and
implementation of integrated pest management plans and the creation of annual reports.
The Commission intends to file these rules as Adopted and Filed Emergency after Notice,
to be effective on May 18, 2016, pursuant to Iowa Code section 17A.5(2)b(2), following
public comment and public hearings. The normal effective date should be waived and the
amendments should be made effective on May 18, 2016, as the amendments confer a benefit on
the public by simplifying requirements for permit coverage and by minimizing any lapse in
permit coverage.
Any interested person may submit written comments on the proposed amendments on or
before XXXXXXXXX. Written comments or questions regarding the proposed action should be
directed to Wendy Hieb, Iowa Department of Natural Resources, 502 E. 9th Street, Des Moines,
IA 50309-0034; via fax at (515)725-8202; or via e-mail at wendy.hieb@dnr.iowa.gov.
A public hearing where persons may present their views orally or in writing will be held
on XX, XXXX, at XX in the XXXXXXXXXX Conference Room, of the Wallace State Office
Building, 502 East Ninth Street, Des Moines, Iowa. Persons attending the public hearing may
present their views either orally or in writing. At the hearing, persons will be asked to give their
names and addresses for the record and to confine their remarks to the proposed amendments.
Any persons who intend to attend a public hearing and have special requirements, such as
hearing or mobility impairments, should contact the Department to advise of any specific needs.
After analysis and review of this rule making, no impact on jobs has been found. The
general permit has been in place for four years and is accepted by pesticide applicators as a
necessary tool to allow for the discharge of pesticides to waters of the United States. In addition,
the Commission is proposing to reduce the regulatory burden on applicators as part of the
reissuance of the general permit by removing the requirement to submit a Notice of Intent for
coverage. The Commission is also proposing to remove all requirements that were specific to
large applicators, including the development and implementation of integrated pest management
plans and the creation of annual reports.
These amendments are intended to implement Iowa Code sections 455B.173(11) and
455B.186.
The following amendments are proposed.
ITEM 1. Rescind subparagraph 64.3(4)b(7).
ITEM 2. Amend subrule 64.15(7) as follows:

64.15(7) Pesticide General Permit (PGP) for Point Source Discharges to Waters of the
United States From the Application of Pesticides NPDES General Permit No. 7,
effective March 30, 2011 May 18, 2016, to March 29, 2016 May 17, 2021.
_________________________________
Date
_________________________________
Chuck Gipp, Director
IOWA DEPARTMENT OF NATURAL RESOURCES (IDNR)

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)
GENERAL PERMIT #7
PESTICIDE GENERAL PERMIT (PGP) FOR POINT SOURCE DISCHARGES
TO WATERS OF THE UNITED STATES
FROM THE APPLICATION OF PESTICIDES
AUTHORIZATION TO DISCHARGE UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provisions of the Clean Water Act (CWA), as amended (33 U.S.C. 1251 et
seq.), any operator of a point source discharge of pollutants associated with the application of
pesticides who is eligible for permit coverage under Part 1 is authorized to discharge in accordance
with the requirements of this permit.
This permit becomes effective on March 30, 2016.
This permit and the authorization to discharge expire at midnight, March 29, 2021.
Contents
1.0 Coverage under this Permit .....................................................................................1
1.1 Eligibility ................................................................................................................................... 1
1.1.1
Activities Covered .............................................................................................................. 1
1.1.2
Limitations on Coverage..................................................................................................... 1
1.2 Authorization to Discharge under this Permit............................................................................ 3
1.2.1
How to Obtain Authorization ............................................................................................. 3
1.2.2
Discharge Authorization ..................................................................................................... 3
1.2.3
Continuation of this Permit ................................................................................................. 3
1.2.4
Discontinuation of Coverage .............................................................................................. 3
1.3 Alternative Permit Information .................................................................................................. 4
1.3.1
IDNR Requiring Coverage under an Alternative Permit .................................................... 4
1.3.2
Operator Requesting Coverage under an Alternative Permit ............................................. 4
1.4 Severability of this Permit.......................................................................................................... 4
1.5 Other Federal and State Laws .................................................................................................... 4
2.0 Technology-Based Effluent Limitations .................................................................5
2.1
Requirements .......................................................................................................................... 5
2.1.1
Pesticide Application Rate .................................................................................................. 5
2.1.2
Regular Maintenance Activities ......................................................................................... 5
2.1.3
Pest Management Tools ...................................................................................................... 5
3.0 Water Quality-Based Effluent Limitations ............................................................5
4.0 Monitoring Requirements ........................................................................................6
4.1 Basic Monitoring Requirements ................................................................................................ 6
4.2 Visual Monitoring Requirements ............................................................................................... 6
5.0 Corrective Action ......................................................................................................6
5.1 Situations Requiring Revision of Control Measures.................................................................. 6
5.2 Corrective Action Deadlines ...................................................................................................... 7
5.3 Hazardous Condition Documentation and Reporting ................................................................ 7
5.3.1
Six (6) Hour Hazardous Condition Notification ................................................................. 7
5.3.2
Thirty (30) Day Hazardous Condition Written Report ....................................................... 7
5.4 Additional Permit Requirements ................................................................................................ 8
6.0 Recordkeeping...........................................................................................................8
6.1 Required Records ....................................................................................................................... 8
6.2 Maintenance and Availability of Records .................................................................................. 8
7.0 IDNR Contact Information and Mailing Addresses..............................................9
7.1
DNR Wallace Building Address ............................................................................................ 9
7.2
DNR Regional Field Office Addresses and Counties Served ................................................ 9
Appendix A Standard Conditions ...............................................................................11
Appendix B - Definitions, Abbreviations, and Acronyms ............................................13
B.1. Definitions ................................................................................................................................... 13
B.2. Abbreviations and Acronyms...................................................................................................... 18
1.0
Coverage under this Permit
1.1
Eligibility
1.1.1
Activities Covered
This permit is available to operators for the application of 1) biological pesticides and 2)
chemical pesticides which leave a residue (hereinafter collectively pesticides) that result
in a discharge to waters of the United States (U.S.). This permit covers the following
pesticide use patterns:
Mosquito and Other Flying or Aquatic Nuisance Insect Control - management of all
public health/nuisance pests which develop or are present during a portion of their life cycle
in standing or flowing water, when applying pesticides in or over standing or flowing water.
Public health/nuisance pests in this use category include but are not limited to mosquitoes
and black flies.
Weed, Algae, Bacteria, Fungi, or Fish Parasite Control - management of weeds, algae,
bacteria, fungi, and fish parasites in water and at water's edge including but not limited to
lakes, rivers, streams, irrigation canals, and drainage systems.
Aquatic Nuisance Animal Control - management of invasive or other nuisance species in
water and at water's edge. Aquatic nuisance animals in this use category include but are not
limited to fish, lampreys, and mollusks.
Forest Canopy Pest Control - aerial application of a pesticide to a forest canopy to control
the population of a pest species (e.g., insect or pathogen) where a portion of the pesticide
unavoidably will be applied over and deposited to water to target the pests effectively.
1.1.2
Limitations on Coverage
You are required to apply for and/or obtain authorization to discharge under an individual
NPDES permit in accordance with 567 IAC Chapter 64 if you have a discharge covered by
Parts 1.1.2.1 to 1.1.2.5. Refer to Part 1.3 for a further description of alternative permits.
1.1.2.1
Discharges to Water Quality Impaired Waters

You are not eligible for coverage under this permit for any discharges from a pesticide
application to waters of the U.S. if the water is identified as impaired by that pesticide or
its degradates. Impaired waters are those which have been identified by IDNR pursuant
to Section 303(d) of the CWA as not meeting applicable State water quality standards.
Impaired waters include both waters with established Total Maximum Daily Loads
(TMDLs) and those for which a TMDL has not yet been established.
1.1.2.2
Discharges to Waters Designated as OIW or ONRW

You are not eligible for coverage under this permit for discharges to waters designated by
IDNR as Outstanding Iowa Waters (OIW) or Outstanding National Resource Waters
(ONRW) for antidegradation purposes under 567 IAC Chapter 61.2(2). The list of OIW
and ONRW waters is available in Appendices B and C of the Iowa Antidegradation
Implementation Procedure, February 17, 2010.
1.1.2.3
Endangered and Threatened Species and Critical Habitat Protection

You are not eligible for coverage under this permit for discharges to waters that are
published critical habitat for federally listed species.
1.1.2.4
Discharges Currently or Previously Covered by another Permit

You are not eligible for coverage under this permit for the following types of discharges:
Discharges currently covered under another NPDES permit (individual or general).
For example, controlled discharge lagoons with NPDES permits must request an
amendment to their permit to discharge algaecide residuals.
Discharges covered within five years prior to the effective date of this permit by an
individual permit or alternative general permit where that permit established sitespecific numeric water quality-based limitations.
Discharges covered by an NPDES permit which has been or is in the process of
being denied, terminated, or revoked by IDNR (this does not apply to the routine
reissuance of permits every five years).
1.1.2.5 Any Discharge Resulting From the Use of a Pesticide Contrary to Its Labeling
You are not eligible for coverage under this permit for a discharge that occurs when using
a pesticide contrary to its labeling. This permit only covers the application of pesticides
in accordance with the pesticide product label.
1.1.2.6
Discharges near Shallow Wells

If you plan an aquatic pesticide application or anticipate such an application within 50
feet of a shallow well, as defined in Appendix B, you must obtain prior authorization
from the IDNR as described in Part 1.1.2.7. Contact the IDNR Water Allocation and Use
Program for further guidance.
1.1.2.7
Discharges to Waters Designated as Drinking Water Supply (Class C)

If you plan or anticipate an aquatic pesticide application either
one half mile above or below a river or stream segment designated as Class C in
567 IAC Chapter 61,
on any lake, reservoir or wetland designated as Class C in 567 IAC Chapter 61
(drinking water intakes), or
near shallow wells (as described in Part 1.1.2.3),
you must obtain prior authorization from IDNR. In order to request authorization, you
are required to submit the General Permit #7 Class C Waters Form to the department at
least ninety (90) days before pesticide application/discharge, in addition to complying
with all applicable requirements of this permit. The General Permit #7 Class C Waters
Form is available at http://www.iowadnr.gov.
Authorization will be denied for an anticipated pesticide application to a Class C water if
any of the following conditions apply:
1. If the active or inactive ingredients in the pesticide proposed for application are
regulated under the Safe Drinking Water Act (SDWA);
2. If the requested area for pesticide application is within 2,000 feet upstream or 100
feet downstream from a public or private water supply intake in a river or stream; or
3. If the requested area for pesticide application is within 2,000 feet of a public or
private water supply intake in a lake, reservoir, or wetland.
However, pesticide application/discharge under conditions 1, 2, and/or 3 could be
authorized if requested by the impacted water purveyor for a pesticide application
intended to correct or control water quality problems within the water supply or system.
Application of pesticides to Class C waters shall be restricted to certified pesticide

applicators licensed by the Iowa Department of Agriculture and Land Stewardship and
who possess a current certification in Category 5 Aquatic Pest Control.
Refer to the General Permit #7 Class C Waters Form at http://www.iowadnr.gov for more
information.
1.2
Authorization to Discharge under this Permit
1.2.1
How to Obtain Authorization

To obtain authorization under this permit an operator must meet the eligibility requirements
as identified in Part 1.1. For the purposes of this permit, an operator is defined as any entity
involved in the application of a pesticide that results in a discharge to a Water of the U.S.
that meets either of the following two criteria:
The entity has operational control over the financing for or the decision to perform
pesticide applications that result in discharges, including the ability to modify
those decisions; and/or
The entity has day-to-day operational control of activities which are necessary to
ensure compliance with the permit (e.g., they are authorized to direct workers to
carry out activities required by the permit).
1.2.2
Discharge Authorization
On March 30, 2011 and thereafter, you must be covered under an NPDES permit for
discharges resulting from the application of a pesticide. Operators who anticipate a
discharge of pesticides to a Class C water must obtain prior approval from IDNR consistent
with part 1.1.2.7. All other operators are authorized to discharge immediately under this
permit. No Notice of Intent is required when applying pesticides consistent with the
requirements of this permit.
1.2.3
Continuation of this Permit

If this permit is not reissued or replaced prior to the expiration date, it will be
administratively continued in accordance with 567 IAC Chapter 64 and will remain in force
and effect. If you were authorized to discharge under this permit prior to the expiration
date, any discharges authorized under this permit will automatically remain covered by this
permit until the earliest of:
The issuance or denial of an individual permit for a discharge resulting from application
of a pesticide that would otherwise be covered under this permit; or
A formal permit decision by IDNR not to reissue this general permit, at which time
IDNR will identify a reasonable time period for covered dischargers to seek coverage
under an alternative general permit or an individual permit. Coverage under this permit
will cease when coverage under another permit is granted/authorized.
1.2.4
Discontinuation of Coverage
Operators covered under this permit are terminated from permit coverage when they no
longer have a discharge from the application of pesticides or their discharges are covered
under an NPDES individual permit.
1.3
1.3.1
Alternative Permit Information

IDNR Requiring Coverage under an Alternative Permit
IDNR may require you to apply for and/or obtain authorization to discharge under an
individual NPDES permit in accordance with 567 IAC Chapter 64.3(4) a. If IDNR
requires you to apply for an individual NPDES permit, you will be notified in writing that a
permit application is required. This notification will include a brief statement of the
reasons for this decision and will provide application information. In addition, if you are an
operator whose discharges are authorized under this permit, the notification will set a
deadline, not longer than one year, to file the permit application, and will include a
statement that on the effective date of the individual NPDES permit, coverage under this
general permit will terminate.
IDNR may grant additional time to submit the application if you submit a request setting
forth reasonable grounds for additional time. If you are covered under this permit and fail
to submit an individual NPDES permit application as required by IDNR, then the
applicability of this permit to you is terminated at the end of the day specified by IDNR as
the deadline for application submittal. IDNR may take appropriate enforcement action for
any unpermitted discharge.
1.3.2
Operator Requesting Coverage under an Alternative Permit

You may request to be excluded from coverage under this general permit by applying for an
individual permit. In such a case, you must submit an individual permit application in
accordance with the requirements of 567 IAC Chapter 64, with reasons supporting the
request, to IDNR at the Wallace Building office listed in Part 7.0 of this permit. The
request may be granted by issuance of an individual permit if your reasons are warranted.
When an individual NPDES permit is issued to you to discharge a pollutant to a Water of
the U.S. as a result of a pesticide application, your authorization to discharge under this
permit is terminated on the effective date of the individual permit.
1.4
Severability of this Permit

Invalidation of a portion of this permit does not necessarily render the whole permit invalid.
IDNRs intent is that the permit is to remain in effect to the extent possible; in the event that
any part of this permit is invalidated, IDNR will advise the regulated community as to the
effect of such invalidation.
1.5
Other Federal and State Laws

You must comply with all other applicable federal and state laws and regulations that pertain to
your application of pesticides. This includes but is not limited to: Section 206 of the Iowa
Code; 21 Iowa Administrative Code Chapter 45, 567 Iowa Administrative Code Chapter 131;
and FIFRA and its implementing regulations.
2.0
Technology-Based Effluent Limitations
2.1
Requirements
All operators must implement control measures to minimize pollutant discharge resulting from
the residue of an application of pesticides. The term minimize means to reduce and/or
eliminate discharges to the extent achievable using control measures (e.g., best management
practices) that are technologically available and economically practicable and achievable. To
minimize discharges resulting from an application of pesticides, all operators must do each of
the following:
2.1.1
Pesticide Application Rate

In order to use the lowest effective amount of pesticide product per application, follow the
pesticide product label instructions and apply pesticides at no more than the recommended
application rate.
2.1.2
Regular Maintenance Activities

Perform regular maintenance activities to minimize potential for leaks, spills, and
unintended release of pesticides from pesticide containers to waters of the U.S. Maintain
application equipment in proper operating condition by calibrating, cleaning, and repairing
such equipment on a regular basis to ensure effective pesticide application and pest control.
Properly calibrate equipment (i.e. nozzle choice, droplet size, etc.) to deliver no more than
the recommended application rate as noted on the pesticide product label.
2.1.3
Pest Management Tools

Prior to pesticide application covered under this permit that will result in a discharge, you
must evaluate alternative pest management tools while considering pest resistance,
feasibility, cost effectiveness, and the impact to water quality and non-target organisms.
Alternative management tools include:
No action
Prevention of the situation requiring pest management
Mechanical/physical methods of pest management
Cultural methods of pest management
Biological control agents (e.g. predators)
Available pesticides appropriate for the target pest.
The pest management tools chosen must be efficient and effective means of pest
management and must successfully minimize discharges resulting from the application of
pesticides.
3.0
Water Quality-Based Effluent Limitations

Any discharge to a water of the U.S. resulting from an application of pesticides that causes or
contributes to an excursion of any applicable numeric or narrative state water quality standard
as stated in 567 IAC Chapter 61 Water Quality Standards is prohibited and is a violation of
this permit. If at any time you become aware, or IDNR determines, that your discharge causes
or contributes to an excursion of applicable water quality standards, you must take corrective
action as required in Part 5.0. IDNR may impose additional water quality-based limitations or
require you to obtain coverage under an individual permit if your discharges are not controlled
as necessary to meet applicable water quality standards.
4.0
Monitoring Requirements
4.1
Basic Monitoring Requirements

All operators must:
Monitor the amount of pesticide applied to ensure that you apply no more than the
recommended application rate as noted on the pesticide product label;
Monitor your pesticide application activities to ensure you are performing regular
maintenance activities;
Monitor your application equipment to ensure that it is in proper operating condition by
adhering to any manufacturers conditions and industry practices and by calibrating,
cleaning, and repairing equipment on a regular basis.
This monitoring is intended to minimize the potential for leaks, spills, and unintended or
accidental release of pesticides to waters of the U.S.
4.2
Visual Monitoring Requirements

All operators covered under this permit, or their designees, must conduct visual assessment(s)
of the application site(s) as follows:
During any post-application surveillance or efficacy check.
During the application when considerations for safety and feasibility allow.
Visual assessments will consist of spot checks in the area to and around where pesticides are
applied for possible and observable adverse impacts caused by your application of pesticides.
Possible and observable adverse impacts include, but are not limited to:
The unanticipated death or distress of non-target organisms;
Disruption of wildlife habitat; and
Disruption of recreational or municipal water use.
5.0
Corrective Action
5.1
Situations Requiring Revision of Control Measures

If any of the following situations occur, you must review and, as necessary, revise the selection
and implementation of your control measures to ensure that the situation is eliminated and will
not be repeated in the future:
An unauthorized release or discharge (e.g., spill, leak, or discharge not authorized by this or
another NPDES permit) occurs;
You become aware, or IDNR determines, that your control measures are not adequate or
sufficient for the discharge to meet applicable water quality standards;
You become aware, or IDNR determines, that you failed to perform regular maintenance
activities to reduce unintended discharges of pesticides, or you failed to calibrate, clean, and
repair your application equipment;
Your monitoring activities, as required in Part 4, determine that you applied more than the
recommended application rate as noted on the pesticide product label or failed to properly
calibrate equipment to deliver the recommended application rate;
An inspection or evaluation of your activities by IDNR determines that modifications to the

control measures are necessary to meet the non-numeric effluent limits in this permit, or
You observe or are otherwise made aware of a hazardous condition, as defined in Appendix
B.
5.2
Corrective Action Deadlines

If you determine that changes to your control measures are necessary to eliminate any situation
identified in Part 5.1, such changes must be made before the next pesticide application that
results in a discharge, or as soon as practicable.
5.3
Hazardous Condition Documentation and Reporting
5.3.1
Six (6) Hour Hazardous Condition Notification

If you observe or are otherwise made aware of a hazardous condition, as defined in
Appendix B, which may have resulted from a discharge from your pesticide application,
you must immediately notify IDNR. This notification must be made by telephone within
six (6) hours of you becoming aware of the hazardous condition. Notification shall be
made by contacting the appropriate regional IDNR Field Office during normal business
hours (8 a.m.to 4:30 p.m.) or by calling the IDNR at (515)725-8694 after normal business
hours. Notifications must include at least the following information:
The callers name and telephone number;
Operator name and mailing address;
The name and telephone number of a contact person, if different than the person
providing the 6-hour notice;
How and when you became aware of the hazardous condition;
Description of the location of the hazardous condition;
Description of the hazardous condition identified, including the EPA pesticide
registration number for each product you applied in the area of the hazardous condition;
and
Description of any steps you have taken or will take to contain any hazardous effects.
The hazardous condition notification and reporting requirements are in addition to what the
registrant is required to submit under FIFRA section 6(a)(2) and its implementing
regulations at 40 CFR Part 159.
5.3.2
Thirty (30) Day Hazardous Condition Written Report

Within thirty (30) days of becoming aware of hazardous condition reported pursuant to Part
5.3.1, you must postmark a written report of the adverse incident to the appropriate regional
IDNR Field Office at the address listed in Part 8. Your hazardous condition report must
include the information required in 567 IAC 131.2, Report of Hazardous Conditions.
Contact the appropriate IDNR Field Office for more information. You must report
hazardous conditions even for those instances when the pesticide labeling states that
adverse effects may occur. A copy of the hazardous condition report submitted to IDNR
must be retained in accordance with Part 6.0 of this permit.
5.4
Additional Permit Requirements

IDNR may notify you of additional discharge requirements based on a hazardous condition.
Any such notice will clearly state the reasons for the additional requirements and the details of
such requirements, including any monitoring, reporting, or recordkeeping requirements. IDNR
may impose additional requirements when it is determined that:
Your discharge contributed to a reported hazardous condition;
The pesticide you are using contains an ingredient for which additional controls may be
necessary;
The pesticide you are using raises environmental impact concerns;
More appropriate or additional effluent limitations are necessary;
You are not in compliance with the conditions of this permit;
A change has occurred in the availability of demonstrated technology or practices for the
reduction of discharges from the application of pesticides; or if
Your discharge impacts a threatened or endangered species.
Should IDNR exercise its authority to impose additional requirements, you will receive a
written explanation of the additional requirements and the basis for them. The notice will
include a reasonable timeframe in which to discuss these new requirements with IDNR. Unless
IDNR establishes a new timeframe in writing, after that time period has passed, the written
notice will state that the new requirements will become active and enforceable permit
conditions. The written notice will explain that the discharger may either accept the new
requirements or elect to apply for an alternative permit as described in 1.3.2.
6.0
Recordkeeping
You must keep written records as required in this permit. These records must be accurate and
complete to demonstrate your compliance with the conditions of this permit. You can rely on
records and documents developed for other obligations, such as requirements under FIFRA,
and state or local pesticide programs, provided all requirements of this permit are satisfied.
6.1
Required Records
All operators are required to keep the following records:
A copy of this permit (an electronic copy is acceptable);
A copy of any Hazardous Condition Reports (See Part 5) and records of corrective actions
in response to the hazardous condition;
A copy of any Class C Waters Form (See Part 1.1.2.7); and
Any correspondence exchanged between you and IDNR specific to coverage under this
permit.
6.2
Maintenance and Availability of Records

You must retain the records outlined in Part 6.1 for a period of at least three (3) years from the
date that the record was generated. If your coverage under this permit expires or is
discontinued, records must also be kept for a period of at least three (3) years. You must make
all records kept under this section available to an authorized representative from IDNR, EPA,
or IDALS upon request and provide copies of such records upon request.
7.0
IDNR Contact Information and Mailing Addresses

All Hazardous Condition reports under Part 5.3 must be sent within thirty (30) days of you
becoming aware of the hazardous condition to the appropriate regional IDNR Field Office (see
Part 7.2.).
Note: If IDNR notifies dischargers of other reporting options that become available at a later
date (e.g., electronic submission), operators may take advantage of those options to satisfy the
reporting requirements of this permit.
7.1
DNR Wallace Building Address

NPDES Section, 502 E. 9th St
Des Moines, IA 50319-0034
Phone: 515-725-8405; Fax: 515-725-8202
7.2
DNR Regional Field Office Addresses and Counties Served

Field Office #1
909 West Main Suite #4
Manchester, IA 52057
Phone: (563) 927-2640; Fax: (563) 927-2075
Counties Served: Allamakee, Black Hawk, Bremer, Benton, Buchanan, Chickasaw,
Clayton, Delaware, Dubuque, Fayette, Howard, Jackson, Jones, Linn, Winneshiek
Field Office #2
2300 15th Street SW
Mason City, IA 50401
Phone: (641) 424-4073; Fax: (641) 424-9342
Counties Served: Butler, Cerro Gordo, Floyd, Franklin, Grundy, Hamilton, Hancock,
Hardin, Humboldt, Kossuth, Mitchell, Webster, Winnebago, Worth, Wright
Field Office #3
1900 North Grand Ave, Suite E17
Spencer, IA 51301
Phone: (712) 262-4177; Fax: (712) 262-2901
Counties Served: Buena Vista, Calhoun, Cherokee, Clay, Dickinson, Emmet, Ida, Lyon,
O'Brien, Osceola, Palo Alto, Plymouth, Pocahontas, Sac, Sioux, Woodbury
Field Office #4
1401 Sunnyside Lane
Atlantic, IA 50022
Phone: (712) 243-1934; Fax: (712) 243-6251
Counties Served: Adair, Adams, Audubon, Carroll, Crawford, Cass, Fremont, Greene,
Guthrie, Harrison, Mills, Monona, Montgomery, Page, Pottawattamie, Ringgold, Shelby,
Taylor, Union
Field Office #5
7900 Hickman Rd., Suite 200
Windsor Heights, IA 50324
Phone: (515) 725-0268; Fax: (515) 725-0218
Counties Served: Appanoose, Boone, Clarke, Dallas, Decatur, Jasper, Lucas, Madison,
Mahaska, Marion, Marshall, Monroe, Polk, Poweshiek, Story, Tama, Warren, Wayne
Field Office #6
1023 West Madison Street
Washington, Iowa 52353-1623
Phone: (319) 653-2135; Fax: (319) 653-2856
Counties Served: Cedar, Clinton, Davis, Des Moines, Henry, Iowa, Jefferson, Johnson,
Keokuk, Lee, Louisa, Muscatine, Scott, Wapello, Washington, Van Buren
10
Appendix A Standard Conditions
DUTY TO COMPLY
The permittee must comply with all conditions of this permit. Any permit noncompliance
constitutes a violation of the Code of Iowa and the Clean Water Act and is grounds for
enforcement action; for termination of coverage under this general permit; or for denial of a request
for coverage under a reissued general permit.
CONTINUATION OF THE EXPIRED GENERAL PERMIT
This permit expires on March 29, 2021. An expired general permit continues in force until
replaced by adoption of a new general permit.
NEED TO HALT OR REDUCE ACTIVITY NOT A DEFENSE
It shall not be a defense for a permittee in an enforcement action that it would have been necessary
to halt or reduce the permitted activity in order to maintain compliance with the conditions of this
permit.
DUTY TO MITIGATE
The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of
this permit which has a reasonable likelihood of adversely affecting human health or the
environment.
DUTY TO PROVIDE INFORMATION
The permittee shall furnish to the Department, within a reasonable time, any information which the
Department may request to determine compliance with this permit. The permittee shall also
furnish to the Department upon request copies of records required to be kept by this permit.
OTHER INFORMATION
When the permittee becomes aware that he or she failed to submit any relevant facts or submitted
incorrect information in any report to the Department, he or she shall promptly submit such facts or
information.
OIL AND HAZARDOUS SUBSTANCE LIABILITY
Nothing in this permit shall be construed to preclude the institution of any legal action or relieve
the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be
subject under Section 311 of the Clean Water Act.
PROPERTY RIGHTS
The issuance of this permit does not convey any property rights of any sort, nor any exclusive
privileges, nor does it authorize any injury to private property nor any invasion of personal rights,
nor any infringement of Federal, State or local laws or regulations.
SEVERABILITY
The provisions of this permit are severable, and if any provision of this permit, or the application of
any provision of this permit to any circumstance, is held invalid, the application of such provision
to other circumstances, and the remainder of this permit shall not be affected thereby.
11
INSPECTION AND ENTRY

The permittee shall allow the Department or an authorized representative of EPA, the State, or
county, upon the presentation of credentials and other documents as may be required by law, to:
Enter upon the permittees premises where a regulated facility or activity is located or
conducted or where records must be kept under the conditions of this permit;
Have access to and copy at reasonable times, any records that must be kept under the
conditions of this permit;
Inspect at reasonable times any facilities or equipment (including monitoring and control
equipment); and
Sample any discharge of pollutants.
PERMIT ACTIONS
Coverage under this permit may be terminated for cause. The notification of planned changes or
anticipated noncompliance does not stay any permit condition.
ENVIRONMENTAL LAWS
No condition of this permit shall release the permittee from any responsibility or requirements
under other environmental statutes or regulations.
12
Appendix B - Definitions, Abbreviations, and Acronyms

B.1. Definitions
Active Ingredient means:
a. In the case of a pesticide other than a plant growth regulator, defoliant or desiccant, an ingredient
which will prevent, destroy, repel, or mitigate insects, nematodes, fungi, rodents, weeds, or other
pests.
b. In the case of a plant growth regulator, an ingredient which, through physiological action, will
accelerate or retard the rate of growth or rate of maturation or otherwise alter the behavior of
ornamental or crop plants or the produce thereof.
c. In the case of a defoliant, an ingredient which will cause the leaves or foliage to drop from a plant.
d. In the case of a desiccant, an ingredient which will artificially accelerate the drying of plant tissue.
[Iowa Code Section 206.2]
Applicator (see also: Operator)
Certified applicator means any individual who is certified under 21 IAC Chapter 45 as authorized to
use any pesticide. [Iowa Code Section 206.2]
Certified commercial applicator means a pesticide applicator or individual who applies or uses a
pesticide or device on any property of another for compensation. [Iowa Code Section 206.2]
Certified private applicator means a certified applicator who uses or supervises the use of any
pesticide which is classified for restricted use on property owned or rented by the applicator or
the applicator's employer or, if applied without compensation other than trading of personal
services between producers of agricultural commodities, on the property of another person.
[Iowa Code Section 206.2]
Commercial applicator means a person, corporation, or employee of a person or corporation who
enters into a contract or an agreement for the sake of monetary payment and agrees to perform a
service by applying a pesticide but does not include a farmer trading work with another, a person
employed by a farmer not solely as a pesticide applicator who applies pesticide as an incidental
part of the person's general duties, or a person who applies pesticide as an incidental part of a
custom farming operation. [Iowa Code Section 206.2]
Noncommercial applicator means any person who applies restricted use pesticides on lands or
property owned, rented, or leased by the applicator or the applicators employer. This definition
shall not apply to private applicators using restricted use pesticides in the production of
agricultural commodities. [21 IAC Chapter 45]
Public applicator means an individual who applies pesticides as an employee of a state agency,
county, municipal corporation, or other governmental agency. This term does not include
employees who work only under the direct supervision of a public applicator. [21 IAC Chapter
45]
Best Management Practices (BMPs) schedules of activities, practices (and prohibitions of
practices), structures, vegetation, maintenance procedures, and other management practices to prevent
or reduce the discharge of pollutants to waters of the U.S. BMPs also include treatment requirements,
operating procedures, and practices to control spillage or leaks, or drainage from raw material storage.
[40 CFR 122.2]
13
Biological Control Agents organisms that can be introduced to your sites, such as herbivores,
predators, parasites, and hyperparasites. [US FWS IPM Guidance, 2004]
Biological pesticides (also called biopesticides) - include microbial pesticides, biochemical pesticides
and plant-incorporated protectants (PIP).
Microbial pesticide means a microbial agent intended for preventing, destroying, repelling, or
mitigating any pest, or intended for use as a plant regulator, defoliant, or dessicant, that
(1) Is a eucaryotic microorganism including, but not limited to, protozoa, algae, and fungi;
(2) Is a procaryotic microorganism, including, but not limited to, Eubacteria and Archaebacteria;
or
(3) Is a parasitically replicating microscopic element, including but not limited to, viruses.
[40 CFR 158.2100(a)]
Biochemical pesticide means a pesticide that
(1) Is a naturally-occurring substance or structurally-similar and functionally identical to a
naturally-occurring substance;
(2) has a history of exposure to humans and the environment demonstrating minimal toxicity, or
in the case of a synthetically-derived biochemical pesticides, is equivalent to a naturallyoccurring substance that has such a history; and
(3) Has a non-toxic mode of action to the target pest(s). [40 CFR 158.2000(a)]
Plant-incorporated protectant means a pesticidal substance that is intended to be produced and used
in a living plant, or in the produce thereof, and the genetic material necessary for production of
such a pesticidal substance. It also includes any inert ingredient contained in the plant, or
produce thereof. [40 CFR 174.3]
Chemical pesticides all pesticides not otherwise classified as biological pesticides.
CFR or Code of Federal Regulations - the federal administrative rules adopted by the United States.
Control Measure refers to any BMP or other method used to meet the effluent limitations to
minimize the discharge of pollutants to waters of the U.S.
Cultural Methods - manipulation of the habitat to increase pest mortality by making the habitat less
suitable to the pest.
Discharge when used without qualification, means the "discharge of a pollutant.
Discharge of a pollutant any addition of any pollutant or combination of pollutants to waters of the
U.S. or waters of the state from any point source. Discharge of a pollutant includes additions of
pollutants into navigable waters or waters of the state from surface runoff which is collected or
channeled by human activity; discharges through pipes, sewers, or other conveyances owned by a
state, municipality, or other person which do not lead to a treatment works; and discharges through
pipes, sewers, or other conveyances, leading into privately owned treatment works. [567 IAC Chapter
60]
Facility or Activity any NPDES point source that is subject to regulation under the NPDES
program.
14
Fungicide - any substance or mixture of substances intended for preventing, destroying, repelling, or
mitigating any fungi. [21 IAC Chapter 45]
Hazardous condition - any situation involving the actual, imminent, or probable spillage,
leakage, or release of a hazardous substance onto the land, into a water of the state or into the
atmosphere which, because of the quantity, strength and toxicity of the hazardous substance, its
mobility in the environment and its persistence, creates an immediate or potential danger to the public
health or safety or to the environment. [567 IAC Chapter 131]
Hazardous substance - any substance or mixture of substances that presents a danger to the public
health or safety and includes, but is not limited to, a substance that is toxic, corrosive, or flammable, or
that is an irritant or that, in confinement, generates pressure through decomposition, heat, or other
means. The following are examples of substances which, in sufficient quantity, may be hazardous:
acids; alkalis; explosives; fertilizers; heavy metals such as chromium, arsenic, mercury, lead and
cadmium; industrial chemicals; paint thinners; paints; pesticides; petroleum products; poisons;
radioactive materials; sludges; and organic solvents. [567 IAC Chapter 131]
Impaired Water A water is impaired for purposes of this permit if it has been identified by the
IDNR as not meeting applicable IDNR water quality standards (see 567 IAC Chapter 61). Impaired
waters include both waters with approved or established TMDLs, and those for which a TMDL has not
yet been approved or established.
Inert Ingredient - an ingredient which is not an active ingredient. [Iowa Code Section 206.2]
Insect - any of the numerous small invertebrate animals generally having the body more or less
obviously segmented, for the most part belonging to the class Insecta, comprising six-legged, usually
winged forms, as for example, beetles, bugs, bees, flies and to other allied classes of arthropods whose
members are wingless and usually have more than six legs, as for example, spiders, mites, ticks,
centipedes and wood lice. [21 IAC Chapter 45]
Insecticide - any substance or mixture of substances intended for preventing, destroying, repelling, or
mitigating any insects and related forms which may be present in any environment whatsoever. [21
IAC Chapter 45]
Label - the written, printed, or graphic matter on, or attached to, the pesticide or device, or the
immediate container thereof, and the outside container or wrapper of the retail package, if any there be,
of the pesticide or device. [Iowa Code Section 206.2]
Mechanical/Physical Methods - mechanical tools or physical alterations of the environment for pest
prevention or removal.
Minimize - to reduce and/or eliminate pesticide discharges to waters of the U.S. through the use of
control measures and to the extent technologically available and economically practicable and
achievable.
Non-target Organisms includes the plant and animal hosts of the target pest, the natural enemies of
the target pest living in the community, and other plants and animals, including vertebrates, living in or
near the community that are not the target of the pesticide.
15
Operator For the purposes of this permit, an operator is defined as any entity involved in the
application of a pesticide that results in a discharge to a Water of the U.S. that meets either of the
following two criteria:
The entity has operational control over the financing for, or the decision to perform pesticide
applications that result in discharges, including the ability to modify those decisions; and/or
The entity has day-to-day operational control of activities which are necessary to ensure
compliance with the permit (e.g., they are authorized to direct workers to carry out activities
required by the permit).
Person any individual, partnership, association, corporation, or organized group of persons whether
incorporated or not. [Iowa Code Section 206.2]
Pest Any insect, rodent, nematode, fungus, weed, or any form of plant and animal life, virus, or other
microorganism, except viruses or other microorganisms on or in living man or other living animals,
which exists under circumstances that make it unduly injurious to plants, man, domestic animals, other
useful vertebrates, useful invertebrates, or other articles or substances. [21 IAC Chapter 45]
Pesticide (a) any substance or mixture of substances intended for preventing, destroying, repelling, or
mitigating directly or indirectly any insects, rodents, nematodes, fungi, weeds, and other forms of
plant or animal life or viruses, except viruses on or in living persons, which the secretary shall
declare to be a pest, and
(b) any substances intended for use as a plant growth regulator, defoliant, or desiccant.
[Iowa Code 206.2]
Defoliant means any substance or mixture of substances intended for causing the leaves or foliage
to drop from the plant with or without causing abscission. [21 IAC Chapter 45]
Desiccant means any substance or mixture of substances intended for artificially accelerating the
drying of plant tissue. [21 IAC Chapter 45]
Plant growth regulator means any substance or mixture of substances intended, through
physiological action, for accelerating or retarding the rate of growth or rate of maturation, or
for otherwise altering the behavior of ornamental or crop plants or the produce thereof, but
shall not include substances to the extent that they are intended as plant nutrients, trace
elements, nutritional chemicals, plant inoculants, and soil amendments. [Iowa Code 206.2]
Pesticide Product a pesticide in the particular form (including composition, packaging, and
labeling) in which the pesticide is, or is intended to be, distributed or sold. The term includes any
physical apparatus used to deliver or apply the pesticide if distributed or sold with the pesticide.
Pesticide Residue includes that portion of a pesticide application that is discharged from a point
source to waters of the US and no longer provides pesticidal benefits. It also includes any degradates
of the pesticide.
Point source any discernible, confined, and discrete conveyance, including but not limited to any
pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated
animal feeding operation, landfill leachate collection system, or vessel or other floating craft, from
16
which pollutants are or may be discharged. Point source does not include return flows from irrigated
agriculture or agricultural storm water runoff. [567 IAC Chapter 60]
Pollutant - sewage, industrial waste, or other waste. [567 IAC Chapter 60]
Sewage means the water-carried waste products from residences, public buildings, institutions, or
other buildings, including the bodily discharges from human beings or animals together with
such groundwater infiltration and surface water as may be present.
Industrial waste means any liquid, gaseous, radioactive, or solid waste substance resulting from any
process of industry, manufacturing, trade, or business, or from the development of any natural
resource.
Other waste means heat, garbage, municipal refuse, lime, sand, ashes, offal, oil, tar, chemicals, and
all other wastes which are not sewage or industrial waste.
Responsible entity the person making the decision to control pests for which a discharge will occur
that requires NPDES permit coverage under this permit.
Shallow well - means a well located and constructed in such a manner that there is not a continuous
layer of low permeability soil or rock (or equivalent retarding mechanism acceptable to the
department) at least 5 feet thick, the top of which is located at least 25 feet below the normal ground
surface and above the aquifer from which water is to be drawn. [567 IAC Chapter 40]
Target Pest the organism toward which control measures are being directed.
Total Maximum Daily Loads (TMDLs) A TMDL is a calculation of the maximum amount of a
pollutant that a water body can receive and still meet water quality standards, and an allocation of that
amount to the pollutant's sources. A TMDL includes wasteload allocations for point source
discharges; load allocations for nonpoint sources and/or natural background, and must include a
margin of safety and account for seasonal variations.
Toxic - causing or producing a dangerous physiological, anatomic or biochemical change in a
biological system. [567 IAC Chapter 131]
Under the direct supervision of - the act or process whereby the application of a pesticide is made by
a competent person acting under the instructions and control of a certified applicator or a state licensed
commercial applicator who is available if and when needed, even though such certified applicator is
not physically present at the time and place the pesticide is applied. [Iowa Code Section 206.2]
Use of a pesticide contrary to its labeling - to use any registered pesticide in a manner not permitted
by the labeling provided that the phrase shall not include:
1. Applying a pesticide for agricultural or horticultural purposes only at any dosage, concentration,
or frequency less than that specified on the labeling.
2. Applying a pesticide for agricultural or horticultural purposes only against any target pest not
specified on the labeling if the application is to the crop, animal or site specified on the labeling
unless the labeling specifically states that the pesticide may be used only for the pests specified
on the labeling; or
3. Employing any method of application not prohibited by the labeling for agricultural or
horticultural purposes only.
17
4. Mixing pesticides or mixing pesticide with a fertilizer when such mixture is not prohibited by the
labeling for agricultural or horticultural purposes only. [21 IAC Chapter 45]
Water of the United States or waters of the U.S. see 40 CFR 122.2 Definitions.
Water Quality Impaired See Impaired Water.
Water Quality Standards (WQS) A water quality standard defines the water quality goals of a
water body, or portion thereof, by designating the use or uses to be made of the water and by setting
criteria necessary to protect the uses. Water quality standards also include an antidegradation policy
and implementation procedures. Iowas Water Quality Standards are contained in 567 IAC Chapter
61.
Weed - any plant which grows where not wanted. [21 IAC Chapter 45]
Wetlands - means those areas that are inundated or saturated by surface or groundwater at a frequency
and duration sufficient to support, and that under normal circumstances do support, a prevalence of
vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps,
marshes, bogs, and similar areas.
You and Your as used in this permit are intended to refer to the operator, or the discharger as the
context indicates and that partys activities or responsibilities.
B.2. Abbreviations and Acronyms

BMP Best Management Practice
CWA Clean Water Act (or the Federal Water Pollution Control Act, 33 U.S.C. 1251 et seq)
EPA U. S. Environmental Protection Agency
FIFRA Federal Insecticide, Fungicide, and Rodenticide Act, 7 USC 136 et seq.
FWS U. S. Fish and Wildlife Service
IDNR Iowa Department of Natural Resources
NPDES National Pollutant Discharge Elimination System
OIW Outstanding Iowa Water
ONRW Outstanding National Resource Water
SDWA Safe Drinking Water Act
TMDL Total Maximum Daily Load
WQS Water Quality Standard
18

ITEM
TOPIC
11
NOTICE
Proposed Rule Amendment to Wastewater Rules to include

Discharges from Mining and Processing Facilities, including
Chapter 64
A summary of the draft amendment to Chapter 64, Wastewater Construction and Operation
Permits, is being presented to the Commission for Notice of Intended Action. These proposed
rules will amend Chapter 64 to renew NPDES General Permit 5 (GP5), which authorizes
discharges of pollutants from mining and processing facilities to waters of the United States.
The current general permit was issued July 20, 2011, and it expires July 19, 2016.
Most facilities authorized under GP5 are quarries producing crushed limestone or construction
sand and gravel. Waste streams authorized include materials wash water, materials transport
water, and mine or quarry dewatering. Fees for GP5 coverage are $125 for a single year or $100
per year for multiple years.
Through numeric effluent limits, the renewed GP5 will continue to require compliance with
federal effluent limitation guidelines. Eligibility criteria in the permit continue to require
compliance with both general and numeric water quality standards.
Changes from the current GP5 include allowing for electronic submittal of documents, updating
and correcting references to the Iowa Administrative Code, clarifying terms and adding
definitions, updating procedures for submitting a notice of intent for coverage, and easing sulfate
sampling requirements.
The following is a summary of the proposed amendment to Chapter 64:
Establish effective and expiration dates for GP5.
Stakeholders participated in the development of this proposed rule. The department also plans to
hold a public hearing to obtain additional public comment.
John Tack, Chief
February 16, 2016
ENVIRONMENTAL PROTECTION COMMISSION[567]

Notice of Intended Action
Pursuant to the authority of Iowa Code section 455B.173(11), the Environmental

Protection Commission (Commission) hereby gives Notice of Intended Action to amend Chapter
64, Wastewater Construction and Operation Permits, Iowa Administrative Code.
The Commission is proposing to reissue the existing National Pollutant Discharge
Elimination System (NPDES) General Permit known as General Permit No. 5 (GP5), which
authorizes wastewater discharges from mines and quarries to waters of the United States
throughout Iowa. GP5 became effective on July 20, 2011, and expires on July 19, 2016. The
Commission is proposing minor revisions to the permit including updating and correcting
references to the Iowa Administrative Code, clarifying terms and adding definitions, updating
procedures for submitting a notice of intent for coverage, and easing sulfate sampling
requirements.
The Department of Natural Resources (Department) must either reissue GP5 or issue
individual NPDES permits for each mine or quarry discharge. Compared to general permits,
individual NPDES permits have more complicated application requirements, have higher fees,
and take longer to issue. Permittees will benefit from the Departments reissuance of GP5
compared to having to apply for an individual NPDES permit.
Any interested person may file written suggestions or comments on the proposed
amendment on or before XXXXXXXX. Written comments or questions regarding the proposed
action should be directed to Julie Faas, Iowa Department of Natural Resources, 502 E. 9th Street,
Des Moines, IA 50309-0034; via fax at (515)725-8202; or via e-mail at julie.faas@dnr.iowa.gov.
1
A public hearing where persons may present their views orally or in writing will be held
on XX, XXXX, at XX in the XXXXXXX Conference Room of the Wallace State Office
Building, 502 East Ninth Street, Des Moines, Iowa. Persons attending the public hearing may
present their views either orally or in writing. At the hearing, persons will be asked to give their
names and addresses for the record and to confine their remarks to the subject of the amendment.
Any persons who intend to attend a public hearing and have special requirements, such as
hearing or mobility impairments, should contact the Department to advise of special needs.
After analysis and review of this rule making, it has been determined that there will be no
impact on private sector jobs and employment opportunities in Iowa. There are no proposed
changes to GP5 that will cause an impact on jobs. The complete jobs impact statement is
available from the Department upon request.
This amendment is intended to implement Iowa Code section 455B.173(11).
The following amendment is proposed.
Amend subrule 64.15(5) as follows:
64.15(5) Discharge from Mining and Processing Facilities, NPDES General Permit No.
5, effective July 20, 2011 July 20, 2016, to July 19, 2021.
__________________________________
Chuck Gipp, Director
___________________________________
Date

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
(NPDES)
GENERAL PERMIT NO. 5
EFFECTIVE DATES
JULY 20, 2016 THROUGH JULY 19, 2021
FOR
MINING AND PROCESSING FACILITIES
502 EAST 9th STREET / DES MOINES, IOWA 50319-0034

PHONE 515-725-8200 FAX 515-725-8202 www.iowadnr.gov
- any discharge to a state-owned natural or artificial

lake.
- any discharge with a sulfate concentration higher
than 1,514 mg/L.
- any discharge that the Department has shown to be
or may reasonably be expected to be contributing to
a violation of a water quality standard.
PART I. COVERAGE UNDER THIS PERMIT

A.
DISCHARGES COVERED UNDER THIS PERMIT.
This permit authorizes discharge of the following to

waters of the United States within the State of Iowa:
- materials wash water,
- materials transport water,
- scrubber water used for air pollution control,
- water used for dust suppression,
- mine or quarry dewatering, and
- non-contact cooling water used for cooling of
crusher bearings, drills, saws, dryers, pumps and
air compressors
from facilities primarily engaged in mining or quarrying
the following materials:
- Dimension Stone (SIC 1411);
- Crushed and Broken Limestone (SIC 1422);
- Construction Sand and Gravel (SIC 1442); or
- Clay, Ceramic, and Refractory Minerals, NEC
(SIC 1459), except bentonite and magnesite.
Storm water associated with industrial activity that is
discharged into an active mine or quarry, and is mixed
with one or more sources of wastewater identified in the
preceding paragraph, may be discharged under this
permit. Separate storm water discharges, that is, storm
water that is not discharged into an active mine or quarry
before being discharged to a water of the United States,
must be permitted under General Permits #2 or #3.
B.
C.
1.
The Department may require any person authorized

by this permit to apply for and obtain an individual
NPDES permit by notifying the permittee in writing
that a permit application is required. This notice
shall include a brief statement of the reasons for
this decision, an application form, a statement
setting a deadline for the operator to file the
application, and a statement that on the effective
date of the individual NPDES permit, coverage
under this general permit shall automatically
terminate. If an operator fails to submit an
individual NPDES permit application required by
the Department under this paragraph, coverage of
this general permit automatically is terminated at
the end of the day specified for submittal of the
individual NPDES application.
2.
Any person authorized to discharge under this

permit may apply for an individual NPDES permit.
In such cases, the discharger shall submit an
individual application using DNR Form 1, Form 2,
Form 5, and the Supplement - Sulfate and Chloride
data in accordance with the requirements of 567
IAC 64.3(4).
3.
a.
When an individual NPDES permit is issued
for a discharge authorized under this general
permit, the applicability of this general permit is
automatically terminated on the effective date of
the individual NPDES permit.
LIMITATIONS ON COVERAGE.
The following discharges are not authorized by this

permit:
- domestic sewage whether treated or untreated.
- non-storm water discharges unless specifically
identified in Part I.A. of this permit.
- discharges from open dumps as defined under
RCRA.
- the discharge of hazardous substances or oil
resulting from an on-site spill.
- water used in air pollution control devices by asphalt
and concrete manufacturing facilities.
- any wastewater not generated at the site of the mine
or quarry.
- storm water discharges associated with industrial
activity defined in Part VI of this permit except
those identified in Part I.A. of this permit.
- any new or expanded discharge to Outstanding Iowa
Waters (OIW), or any new or expanded discharge to
Outstanding National Resource Waters (ONRW).
REQUIRING AN INDIVIDUAL PERMIT.
b.
When an individual NPDES permit is denied
for a discharge otherwise subject to this general
permit, the applicability of this general permit is
automatically terminated on the date of such denial,
unless otherwise specified by the Department.
D.
AUTHORIZATION.
Where a mine or quarry is owned by one person but

operated by another person, it is the operators duty to
obtain coverage under this permit.
1.
Page 2 of 7
An operator must submit a Notice of Intent (NOI)

in accordance with the requirements of Part II of
this permit to be authorized to discharge under

this general permit.
2.
C.
Within 30 days of the receipt of a complete NOI,

the Department will either:
- issue an authorization to discharge or
- deny coverage under this general permit and
require submittal of an application for an
individual NPDES permit in accordance with
Part I.C.1 of this permit.
If the Department does not respond within 30
days, the discharge will be automatically
authorized as of the date construction or operation
is scheduled to begin as provided in the NOI.
CONTENTS OF THE NOTICE OF INTENT.
A complete NOI shall include the following:

A completed Notice of Intent (NOI) form, DNR Form
542-4006, or electronic equivalent provided by the
Department, signed in accordance with Standard
Condition #5 of this permit.
Electronic submission may be required in

accordance with rules promulgated by the
Department.
The information on the form shall include the following:
3.
Authorized discharges may commence on the date

shown on the authorization issued under Part I.D.1
of this permit. Unless the Department determines
another date is appropriate, the authorization date
shall be the later of:
- the date the complete NOI was received by the
Department, or
- the date construction or operation is scheduled
to begin as provided in the NOI.
1.
Name, street address, and location of the site for

which this notification is submitted. The location
must be provided as the 1/4 section, section,
township, and range, the latitude and longitude,
and the county in which the discharge is located.
2.
The owner's name, address and telephone number.
3.
The name, address and telephone number of any

operator (contractor).
4.
The type of discharge (new or existing); whether

or not the discharge is to a municipal separate
storm sewer system; for new discharges the date
the discharge is to commence; the number of
discharge points; what the discharge includes
(quarry dewatering, materials wash water, noncontact cooling water, air scrubber water), and the
name of the receiving waters.
5.
A statement whether any existing quantitative data

collected within three years prior to the effective
date of this permit is available describing the
concentration of pollutants in discharges.
6.
The results of analysis of at least one

representative sample of the discharge from each
outfall for sulfate. If a discharge is not occurring
at the time of completing the NOI, a sample result
for sulfate shall be submitted within sixty (60)
days following the next discharge.
PART II. NOTICE OF INTENT (NOI)

REQUIREMENTS
A.
DEADLINES FOR FILING A NOTICE OF INTENT.
1.
Existing dischargers who had coverage under the

general permit that expired July 19, 2016 and who
intend to obtain coverage under this general
permit shall submit to the Department the NOI
specified in Part II.C. of this permit no later than
January 15, 2017.
2.
For new dischargers the NOI specified in Part

II.C. of this permit shall be submitted to the
Department at least 30 days prior to the
commencement of discharge.
3.
Existing dischargers who have coverage under an

individual NPDES permit may apply for coverage
under the general permit upon expiration of the
individual permit and by filing a NOI in
accordance with 567 IAC 64.3(4)b.
B.
FAILURE TO NOTIFY.
Dischargers who fail to submit either an NOI to be

covered by this general permit or an application for an
individual permit, and nonetheless discharge pollutants
to a water of the United States within the State of Iowa,
are in violation of the Clean Water Act and the Code of
Iowa.
For sites that are continuing or renewing an

authorization under General Permit #5 (including
the permit issued July 20, 2011), a sample result
for sulfate collected within 10 years prior to
submittal of the NOI is sufficient.
7.
Page 3 of 7
The applicable fees specified in 567 IAC

64.16(455B).
8.
The Standard Industrial Classification (SIC) code

for the facility.
D.
WHERE TO SUBMIT.
a. the name of the owner/operator to which the

permit was issued;
b. the general permit number and permit
authorization number; and
c. the date the discharge was eliminated;
d. a signed certification in accordance with Standard
Condition #5.
Paper Notices of Intent must be submitted to the

Department at the following address:
PART III. EFFLUENT LIMITATIONS

NPDES Section
502 E. 9th Street
Des Moines, IA 50319-0034
Any discharge authorized by this permit shall not exceed

a maximum concentration for any day of 45 mg/l or a 30
day average of 30 mg/l Total Suspended Solids (TSS)
nor shall the pH of the discharge be less than 6.5 or
greater than 9.0. Dischargers must be in compliance
with these limits upon commencement of coverage and
for the entire term of this permit.

Department.
E.
PART IV. MONITORING AND REPORTING

REQUIREMENTS
CONTINUING COVERAGE.
Any authorization to discharge under this permit is valid

only through the permit expiration date. Coverage under
this permit remains in effect beyond the expiration date
only if the permittee:
- Has filed a complete Notice of Intent to be
covered by a reissued or renewed general permit
within 180 days after the expiration of this
permit; or,
- Has filed a complete application for an
individual NPDES permit in accordance with
567 IAC 64.3(4).
This continuing coverage remains in effect only until the
Department takes final action on the NOI or individual
permit application. If this general permit is not reissued,
the Department will notify each discharger covered by
this permit to apply for an individual NPDES permit
according to the procedures identified 567 IAC 64.3(4)
and Part I.C.1 of this permit.
F.
TRANSFER OF COVERAGE UNDER THIS PERMIT.
See Standard Condition #7.

G.
NOTICE OF DISCONTINUATION.
1.
Within 30 days prior to or after elimination of the

wastewater discharge, the operator or owner of the
facility shall submit a Notice of Discontinuation
(DNR Form 542-8038 or electronic equivalent) to
the Department.
2.
The Notice of Discontinuation shall contain the

following information:
A.
MONITORING REQUIREMENTS.
The following monitoring is required for all facilities

subject to this permit. If a facility has multiple discharge
points, each discharge point must be monitored.
For quarry dewatering and other authorized discharges
(except for materials wash water), a representative
sample shall be collected at least annually and shall be
analyzed for total suspended solids and pH.
For discharges of materials wash water or a combination
of materials wash water and any other authorized
discharge, the discharge shall be sampled at least
monthly for each month during which a discharge that
contains wash water occurs and shall be analyzed for total
suspended solids and pH. A discharge is considered to
contain wash water whenever there is a wash plant
operating at the facility and for one calendar month after
the wash plant ceases operation.
B.
REPORTING.
All permittees are required to submit signed copies of

discharge monitoring results on DNR Form 542-8035 or
the electronic equivalent by January 15th each year for the
previous calendar year. The annual monitoring report
must contain all monitoring as required in Part III.A.

Department.
Page 4 of 7
C.
Additional Notification.
Facilities with at least one discharge through a large or

medium municipal separate storm sewer system (systems
serving a population of 100,000 or more) must submit
signed copies of discharge monitoring reports or results to
the operator of the municipal separate storm sewer system
upon request.
D.
RETENTION OF RECORDS.
moved to an upstream location on the same stream. For

example, a wash plant is set-up on the site for the first
time. An increase in the areal extent of a mine or quarry
at an existing site as a result of normal mining does not
constitute an expanded discharge for purposes of this
permit.
Facility or activity means any NPDES point source
or any other facility or activity (including land or
appurtenances thereto) that is subject to regulation under
the NPDES program.
See Standard Condition #4.

PART V. BEST MANAGEMENT PRACTICES FOR
NEW AND EXPANDED DISCHARGERS
All new and expanded dischargers must provide settling
and pH adjustment sufficient to comply with the numeric
effluent limitations in Part III of this permit and, in
addition, shall use best management practices which will
reduce the discharge of pollutants including the following:
- use settled wash water and/or quarry water for dust
suppression when dust suppression is necessary.
- locate, design and operate quarry sumps, settling
ponds and pumping equipment to maximize the
settling of suspended solids prior to discharge.
New and expanded dischargers shall also implement other
best management practices determined to be practical,
cost effective and economically efficient including but not
limited to the following:
- implement recycling of water used for materials
washing and classifying whenever it is practical.
- use hydraulic dredging whenever practical and
affordable (applicable only to sand and gravel
facilities).
PART VI. DEFINITIONS
CWA or Clean Water Act means the Federal Water
Pollution Control Act.
Department means the Iowa Department of Natural
Resources.
Existing discharge means a discharge from a mine or
quarry that commenced prior to July 20, 2011.
Expanded discharge means a discharge from a mine
or quarry from which: (i) any material was extracted
prior to July 20, 2011; and, (ii) new activities will be
conducted that will result in a new or increased
discharge of pollutants; or, the point of discharge is
Hazardous substance means any substance or mixture

of substances that presents a danger to the public health or
safety and includes but is not limited to a substance that is
toxic, corrosive, or flammable, or that is an irritant or that
generates pressure through decomposition, heat, or other
means. "Hazardous substances" may include any
hazardous waste identified or listed by the administrator
of the United States Environmental Protection Agency
under the Solid Waste Disposal Act as amended by the
Resource Conservation and Recovery Act of 1976, or any
toxic pollutant listed under section 307 of the federal
Water Pollution Control Act as amended to January 1,
1977, or any hazardous substance designated under
section 311 of the federal Water Pollution Control Act as
amended to January 1, 1977, or any hazardous material
designated by the secretary of transportation under the
Hazardous Materials Transportation Act.
455B.381(5), 2015 Code of Iowa.
Large and Medium municipal separate storm sewer
system means all municipal separate storm sewers that
are either:
(i) located in an incorporated place with a population
of 100,000 or more as determined by the latest Decennial
Census by the Bureau of Census; or
(ii) located in the counties with unincorporated
urbanized populations of 100,000 or more, except
municipal separate storm sewers that are located in the
incorporated places, townships or towns within such
counties; or
(iii) owned or operated by a municipality other than
those described in paragraph (i) or (ii) and that are
designated by the Department as part of the large or
medium municipal separate storm sewer system.
Municipality means a city, town, borough, county,
parish, district, association, or other public body created
by or under State law.
Page 5 of 7
New discharge means a mine or quarry the

construction of which is commenced after July 20, 2011
and from which there is or will be a new, altered or
increased discharge of pollutants. A new discharge also
includes a mine or quarry the construction of which
commenced prior to July 20, 2011 where there will be a
discharge into a stream or a stream segment not
previously affected by a discharge from the mine or
quarry. Construction will be deemed to have
commenced beginning with the start of removing
overburden.
of this definition) include those facilities designated under

40 CFR 122.26(a)(1)(v). The following categories of
facilities are considered to be engaging in "industrial
activity" for purposes of this definition;
Owner or operator means the owner or operator of

any facility or activity subject to regulation
under the NPDES program.
(ii) Facilities classified as Standard Industrial

Classifications 24 (except 2434), 26 (except 265 and 267),
28 (except 283 and 285), 29, 311, 32 (except 323), 33,
3441, 373;
(i) Facilities subject to storm water effluent limitations

guidelines, new source performance standards, or toxic
pollutant effluent standards under 40 CFR Subchapter N
(except facilities with toxic pollutant effluent standards
which are exempted under category (xi) of this
definition);
Storm water means storm water runoff, snow melt

runoff, and surface runoff and drainage.
Storm water discharge associated with industrial
activity means the discharge from any conveyance
which is used for collecting and conveying storm water
and which is directly related to manufacturing, processing
or raw materials storage areas at an industrial plant. The
term does not include discharges from facilities or
activities excluded from the NPDES program under 40
CFR Part 122. The term includes, but is not limited to,
storm water discharges from industrial plant yards;
immediate access roads and rail lines used or traveled by
carriers of raw materials, manufactured products, waste
material, or by-products used or created by the facility;
material handling sites; refuse sites; sites used for the
application or disposal of process waste waters (as defined
at 40 CFR part 401); sites used for the storage and
maintenance of material handling equipment; sites used
for residual treatment, storage, or disposal; shipping and
receiving areas; manufacturing buildings; storage areas
(including tank farms) for raw materials, and intermediate
and finished products; and areas where industrial activity
has taken place in the past and significant materials
remain and are exposed to storm water. Material handling
activities include the storage, loading and unloading,
transportation, or conveyance of any raw material,
intermediate product, finished product, by-product, or
waste product. The term excludes areas located on plant
lands separate from the plant's
industrial activities, such as office buildings and
accompanying parking lots as long as the drainage from
the excluded areas is not mixed with storm water drained
from the above described areas. Industrial facilities
(including industrial facilities that are Federally, State, or
municipally owned or operated that meet the description
of the facilities listed in the following paragraphs (i)-(xi)
(iii) Facilities classified as Standard Industrial

Classifications 10 through 14 (mineral industry) including
active or inactive mining operations (except for areas of
coal mining operations no longer meeting the definition of
a reclamation area under 40 CFR 434.11(1) because the
performance bond issued to the facility by the appropriate
SMCRA authority has been released, or except for areas
of non-coal mining operations which have been released
from applicable State or Federal reclamation requirements
after December 17, 1990) and oil and gas exploration,
production, processing, or treatment operations, or
transmission facilities that discharge storm water
contaminated by contact with or that has come into
contact with, any overburden, raw material, intermediate
products, finished products, byproducts or waste products
located on the site of such operations; (inactive mining
operations are mining sites that are not being actively
mined, but which have an identifiable owner/operator;
inactive mining sites do not include sites where mining
claims are being maintained prior to disturbances
associated with the extraction, beneficiation, or processing
of mined materials, nor sites where minimal activities are
undertaken for the sole purpose of maintaining a mining
claim);
(iv) Hazardous waste treatment, storage, or disposal
facilities, including those that are operating under interim
status or a permit under Subtitle C of RCRA;
(v) Landfills, land application sites, and open dumps that
receive or have received any industrial wastes (waste that
is received from any of the facilities described under this
subsection) including those that are subject to regulation
under Subtitle D of RCRA;
Page 6 of 7
(vi) Facilities involved in the recycling of materials,

including metal scrap yards, battery reclaimers, salvage
yards, and automobile junkyards, including but limited to
those classified as Standard Industrial Classification 5015
and 5093;
pretreatment program under 40 CFR 403. Not included

are farm lands, domestic gardens or lands used for sludge
management where sludge is beneficially reused and
which are not physically located in the confines of the
facility, or areas that are in compliance with 40 CFR 503;
(vii) Steam electric power generating facilities, including

coal handling sites;
(x) Construction activity including clearing, grading and

excavation activities except operations that result in the
disturbance of less than one acre of total land.
Construction activity also includes the disturbance of less
than one acre of total land area that is part of a larger
common plan of development or sale if the larger
common plan will ultimately disturb one acre or more;
(viii) Transportation facilities classified as Standard

Industrial Classifications 40, 41, 42 (except 4221-4225),
43, 44, 45 and 5171 which have vehicle maintenance
shops, equipment cleaning operations, or airport deicing
operations. Only those portions of the facility that are
either involved in vehicle maintenance (including vehicle
rehabilitation, mechanical repairs, painting, fueling, and
lubrication), equipment cleaning operations, airport
deicing operations, or which are otherwise identified
under paragraphs (i)-(vii) or (ix)-(xi) of this definition are
associated with industrial activity;
(ix) Treatment works treating domestic sewage or any
other sewage sludge or wastewater treatment device or
system, used in the storage treatment, recycling, and
reclamation of municipal or domestic sewage, including
land dedicated to the disposal of sewage sludge that are
located within the confines of the facility, with a design
flow of 1.0 mgd or more, or required to have an approved
(xi) Facilities under Standard Industrial Classifications 20,

21, 22, 23, 2434, 25, 265, 267, 27, 283, 285, 30, 31
(except 311), 323, 34 (except 3441), 35, 36, 37 (except
373), 38, 39 and 4221-4225.
Water of the United States means those waters
defined at 40 CFR 122.2.
Water quality standard means water quality
standards established by 567 IAC 61, including the
general water quality criteria (narrative standards) in 567
IAC 61.3(2) and the specific water quality criteria
(numeric standards) in 567 IAC 61.3(3).
Page 7 of 7
STANDARD CONDITIONS
1.
ADMINISTRATIVE RULES
Rules of this Department that govern the operation of your
facility in connection with this permit are published in Part
567 of the Iowa Administrative Code (IAC) in Chapters 60-65,
67 and 121. Reference to the term rule in this permit means
the designated provision of Part 567 of the IAC. Reference to
the term CFR means the Code of Federal Regulations.
2.
DEFINITIONS
(a) 30 day average means the sum of the total daily discharges
by concentration during a calendar month, divided by the
total number of days during the month that measurements
were made.
(b) daily maximum means the total discharge by
concentration during a twenty-four hour period.
3.
4.
DUTY TO PROVIDE INFORMATION

You must furnish to the Director, within a reasonable time,
any information the Director may request to determine
compliance with this permit or determine whether cause exists
for terminating coverage under this permit, in accordance with
567 IAC 64.3(11)c. You must also furnish to the Director,
upon request, copies of any records required to be kept by this
permit.
MONITORING AND RECORDS OF OPERATION
(a) Maintenance of records. You shall retain for a minimum
of three years
all paper and electronic records of monitoring activities
and results including all original strip chart recordings for
continuous monitoring instrumentation and calibration
and maintenance records.{See 567 IAC 63.2(3)}
(b) Any person who falsifies, tampers with, or knowingly
renders inaccurate any monitoring device or method
required to be maintained under this permit shall, upon
conviction, be punished by a fine of not more than
$10,000 or by imprisonment for not more than two
years, or both. {See 40 CFR 122.41(j)(5)}
5.
SIGNATORY REQUIREMENTS
Applications, reports or other information submitted to the
Department in connection with this permit must be signed and
certified as required by 567 IAC 64.3(8).
6.
OTHER INFORMATION
Where you become aware that you failed to submit any
relevant facts in a permit application, or submitted incorrect
information in a permit application, you must promptly submit
such facts or information. Where you become aware that you
failed to submit any relevant facts in the submission of in any
report to the director, including records of operation, you
shall promptly submit such facts or information.
{See 567 IAC 60.4(2)a and 567 IAC 63.7}
7.
is covered by this general permit, the operator of record shall

be subject to all terms and conditions of this general permit.
The Director shall be notified in writing within 30 days of the
transfer. No transfer of the authorization to discharge from
the facility represented by the permit shall take place prior to
notifying the Department of the transfer. Whenever the
address of the operator is changed, the Department shall be
notified in writing within 30 days of the address change.
Electronic notification is not sufficient; all transfers or
address changes must be reported to the Department by mail.
{See 567 IAC 64.14}
8.
PROPER OPERATION AND MAINTENANCE

All facilities and control systems shall be operated as
efficiently as possible and maintained in good working order.
A sufficient number of staff, adequately trained and
knowledgeable in the operation of your facility shall be
retained at all times and adequate laboratory controls and
appropriate quality assurance procedures shall be provided to
maintain compliance with the conditions of this permit.
{See 40 CFR 122.41(e) and 567 IAC 64.7(7)f}
9.
PERMIT MODIFICATION, SUSPENSION OR

REVOCATION
(a) Coverage under this permit may be revoked for cause
including but not limited to those specified in 567 IAC
64.3(11) and 567 IAC 64.6(3).
(b) This permit may be modified due to conditions or
information on which this permit is based, including any
new standard the Department may adopt that would
change the required effluent limits.
{See 40 CFR 122.62(a)(6) and 567 IAC 64.7(7)g}
The filing of a request for permit modification, revocation or
suspension, or a notification of planned changes or anticipated
noncompliance does not stay any permit condition.
10. DUTY TO COMPLY

You must comply with all conditions of this permit. Any
permit noncompliance constitutes a violation of the Clean
Water Act and is grounds for enforcement action; termination
of coverage under this permit; or denial of coverage under a
reissued general permit. Authorization to discharge under this
permit does not relieve you of the responsibility to comply
with all local, state and federal laws, ordinances, regulations or
other legal requirements applying to the operation of your
facility. {See 40 CFR 122.41(a) and 567 IAC 64.7(4)e}
11. DUTY TO MITIGATE
You shall take all reasonable steps to minimize or prevent any
discharge in violation of this permit which has a reasonable
likelihood of adversely affecting human health or the
environment. {See 40 CFR 122.41(d) and 567 IAC
64.7(5)i}
TRANSFER OF COVERAGE UNDER THE PERMIT

Where the operator of the facility changes, the Department
must be notified of the transfer within 30 days. If a discharge
Page i of iii
12. TWENTY-FOUR HOUR REPORTING

You shall report any noncompliance that may endanger human
health or the environment, including, but not limited to,
violations of maximum daily limits for any toxic pollutant
(listed as toxic under 307(a)(1) of the Clean Water Act) or
hazardous substance (as designated in 40 CFR Part 116
pursuant to 311 of the Clean Water Act). Information shall
be provided orally within 24 hours from the time you
become aware of the circumstances. A written submission
that includes a description of noncompliance and its cause;
the period of noncompliance including exact dates and times,
whether the noncompliance has been corrected or the
anticipated time it is expected to continue; and the steps
taken or planned to reduce, eliminate, and prevent a
reoccurrence of the noncompliance must be provided within
5 days of the occurrence. {See 567 IAC 63.12}
13. OTHER NONCOMPLIANCE
You shall report all instances of noncompliance not reported
under Condition #13 at the time monitoring reports are
submitted. You shall give advance notice to the appropriate
regional field office of the Department of any planned
activity which may result in noncompliance with permit
requirements. {See 567 IAC 63.14}
14. INSPECTION OF PREMISES, RECORDS,
EQUIPMENT, METHODS AND DISCHARGES
You are required to permit authorized personnel to:
(a) Enter upon the premises where a regulated facility or
activity is located or conducted or where records are kept
under conditions of this permit.
(b) Have access to and copy, at reasonable times, any records
that must be kept under the conditions of this permit.
(c) Inspect, at reasonable times, any facilities, equipment,
practices or operations regulated or required under this
permit.
(d) Sample or monitor, at reasonable times, to assure
compliance or as otherwise authorized by the Clean
Water Act.
15. FAILURE TO SUBMIT FEES
Authorization to discharge under this permit may be revoked,
if the required permit fees are not submitted within thirty (30)
days of the date of notification that such fees are due.
{See 567 IAC 64.16(1)}
16. NEED TO HALT OR REDUCE ACTIVITY
It shall not be a defense for a permittee in an enforcement
action that it would have been necessary to halt or reduce the
permitted activity in order to maintain compliance with the
conditions of this permit.
{See 40 CFR 122.41(c) and 567 IAC 64.7(7)j}
17. NOTICE OF CHANGED CONDITIONS
You are required to notify the director of any changes in
existing conditions or information on which this permit is
based. This includes, but is not limited to, the following:
(a) As soon as you know or have reason to believe that any
activity has occurred or will occur which would result in
the discharge of any toxic pollutant which is not limited
in this permit. {See 40 CFR 122.42(a)}
(b) If you have begun or will begin to use or manufacture as

an intermediate or final product or byproduct any toxic
pollutant which was not reported in the permit
application.
(c) No construction activity that will result in disturbance of
one acre or more shall be initiated without first obtaining
coverage under NPDES General Permit No. 2 for Storm
water discharge associated with construction activity.
18. USE OF CERTIFIED LABORATORIES
Analyses of wastewater that are required to be submitted to
the Department as a result of this permit must be performed
by a laboratory certified by the State of Iowa. Routine, onsite monitoring for pH, temperature, dissolved oxygen, total
residual chlorine and other pollutants that must be analyzed
immediately upon sample collection, settleable solids,
physical measurements, and operational monitoring tests
specified in 567 IAC 63.3(4) are excluded from this
requirement.
19. BYPASSES
(a) Definition Bypass means the diversion of waste
streams from any portion of a treatment facility or
collection system. A bypass does not include internal
operational waste stream diversions that are part of the
design of the treatment facility, maintenance diversions
where redundancy is provided, diversions of wastewater
from one point in a collection system to another point in
a collection system, or wastewater backups into
buildings that are caused in the building lateral or
private sewer line.
(b) Prohibitions
i. Bypasses from any portion of a treatment facility or
from a sanitary sewer collection system designed to
carry only sewage are prohibited.
ii. Bypass is prohibited and the Department may not
assess a civil penalty against a permittee for bypass if
the permittee has complied with all of the following:
(1) Bypass was unavoidable to prevent loss of life,
personal injury, or severe property damage; and
(2) There were no feasible alternatives to the
bypass such as the use of auxiliary treatment
facilities, retention of untreated wastes, or
maintenance during normal periods of
equipment downtime. This condition is not
satisfied if adequate backup equipment should
have been installed in the exercise of reasonable
engineering judgment to prevent a bypass which
occurred during normal periods of equipment
downtime or preventive maintenance; and
(3) The permittee submitted notices as required by
paragraph d of this section.
(c) The Director may approve an anticipated bypass after
considering its adverse effects if the Director determines
that it will meet the three conditions listed above and a
request for bypass has been submitted to the Department
in accordance with 567 IAC 63.6(2).
(d) Reporting bypasses. Bypasses shall be reported in
accordance with 567 IAC 63.6.
Page ii of iii
20.
UPSET PROVISION
(a) Definition - Upset means an exceptional incident in
which there is unintentional and temporary
noncompliance with technology based permit effluent
limitations because of factors beyond the reasonable
control of the permittee. An upset does not include
noncompliance to the extent caused by operational error,
improperly designed treatment facilities, inadequate
treatment facilities, lack of preventive maintenance, or
careless or improper operation.
(b) Effect of an upset. An upset constitutes an affirmative
defense in an action brought for noncompliance with such
technology based permit effluent limitations if the
requirements of paragraph c of this condition are met.
No determination made during administrative review of
claims that noncompliance was caused by upset, and
before an action for noncompliance, is final
administrative action subject to judicial review.
(c) Conditions necessary for demonstration of an upset. A
permittee who wishes to establish the affirmative defense
of upset shall demonstrate through properly signed
operating logs or other relevant evidence that;
(i) An upset occurred and that the permittee can identify
the cause(s) of the upset;
(ii) The permitted facility was at the time being properly
operated;
(iii) The permittee submitted notice of the upset to the
Department in accordance with 567 IAC 63.6(3);
and
(iv) The permittee complied with any remedial measures
required in accordance with 567 IAC 63.6(6).
(d) Burden of Proof. In any enforcement proceeding, the
permittee seeking to establish the occurrence of an upset
has the burden of proof.
21. PROPERTY RIGHTS

This permit does not convey any property rights of any sort or
any exclusive privilege. {See 567 IAC 64.4(3)b}
22. EFFECT OF A PERMIT
Compliance with a permit during its term constitutes
compliance, for purposes of enforcement, with sections 301,
302, 306, 307, 318, 403 and 405(a)-(b) of the Clean Water
Act, and equivalent limitations and standards set out in 567
IAC Chapters 61 and 62. {See 567 IAC 64.4(3)a}
23. SEVERABILITY
The provisions of this permit are severable and if any
provision or application of any provision to any circumstance
is found to be invalid by this Department or a court of law, the
application of such provision to other circumstances, and the
remainder of this permit, shall not be affected by such finding.
24. RESPONSIBLE PERSON
An operator authorized to discharge under this general permit
is responsible for compliance with all terms and conditions of
this permit including but not limited to all discharges caused
by or resulting from activities by leaseholders, contractors and
subcontractors
Page iii of iii

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Environmental Protection Commission Agenda

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Environmental Protection Commission

February 16, 2016

Public Participation for all agenda items except Cedar Rapids

Contract Amendments with Edge Consulting Engineers, Wapsi Valley

Referral to the Attorney General Jim Frye Animal Feeding Operation

Public Participation for Cedar Rapids Community School District and

Proposed Rule Amendments to Wastewater Rules to include Pesticide

Proposed Rule - Amendment to Wastewater Rules to include Discharges

Items for Next Months Meeting

For details on the EPC meeting schedule, visit

Monthly Variance Report

Parks J4 Finishing Site

Animal Feeding Operations

Parks J3 Finishing Site

Animal Feeding Operations

Parks J5 Finishing Site

Animal Feeding Operations

Parks J16 Finishing Site

Animal Feeding Operations

Parks J17 Finishing Site

Animal Feeding Operations

Parks J18 Finishing Site

Animal Feeding Operations

Green Grinding LLC

9 City of Council Bluffs

12 Wacker Chemical Corp

13 Interstate Power & Light Lansing Power Station

16 Transco Railway Products

19 Muscatine Power & Water

DEPARTMENT OF NATURAL RESOURCES

Feinberg, Marty; Feinberg Metals

Kossuth County (2)

Petition for Judicial Review

Peeters Development Co., Inc.; Mt. Joy

SABEER, LLC d/b/a Sleepy Hollow

DEPARTMENT OF NATURAL RESOURCES

Harlan Rudd; Karen Rudd; dba

Informal negotiation. CADR was

7/2013-On hold pending further

Ag Processing, Inc.; Sergeant

Met with appellant on 7/8/15. Settled in

Met with appellant 8/6/15. Settled in

Anderson Excavating Co., Inc.

Landfill closure remains in final stages, and

Hearing held 7/30/14. ALJ upheld the

Council Bluffs Water Works

Hearing continued. Settlement discussions

REIC/Iowa Co. Sanitary Landfill

4/27/15 Consent Order signed by REIC.

Amsted Rail Company, Inc.

Company has agreed to stay pursuit of

Mahle Engine Components USA

Negotiating before filing. 5/15 Settlement

Notice to Revoke License

Hearing continued to 2/3/16.

Cedar Ridge Vineyards

Negotiating before filing.

Negotiating before filing.

Negotiating before filing.

DEPARTMENT OF NATURAL RESOURCES

Notice of Verified Well

Hearing rescheduled for 3/10/16.

Flood Plain Development

Negotiating before filing.