Schedule for rule making 1796

Publication procedures 1797

Agency identification numbers 1801

CITATION OF ADMINISTRATIVE RULES 1795

EDUCATION DEPARTMENT[281]

Notice, General approval standards, rescind
ch 11 ARC 7941A 1803

Notice, Child development coordinating council,
64.2, 64.7, 64.8, 64.15, 64.18 ARC 7943A 1803

Filed, Open enrollment, 17.9(1) ARC 7944A 1834

Filed, Pupil transportation--bus drivers' physical
examinations, 43.15 ARC 7942A 1834

ELDER AFFAIRS DEPARTMENT[321]

Filed, Representative payee program (RPP) and
bill payer program (BPP), 23.1 to 23.4
ARC 7915A 1834

EMPLOYMENT APPEAL BOARD[486]

INSPECTIONS AND APPEALS DEPARTMENT[481]"umbrella"

Notice, Organization, rules of procedure,
appeals, chs 1 to 3, 4.60, 4.90(5), chs 5, 7, 9
ARC 7914A 1804

ENGINEERING AND LAND SURVEYING
EXAMINING BOARD[193C]

Professional Licensing and Regulation Division[193]

COMMERCE DEPARTMENT[181]"umbrella"

Filed, Foreign transcripts, 1.4"1" ARC 7950A 1838

Filed, Examination fees, 1.9(7) ARC 7951A 1838

ENVIRONMENTAL PROTECTION
COMMISSION[567]

NATURAL RESOURCES DEPARTMENT[561]"umbrella"

Notice, Waste incinerators and combustors,
22.1(2), 22.101(2), 23.1, 25.1(10)
ARC 7930A 1810

Notice Terminated, Landfills, amendments to chs
100, 102, 103, 108, 110 ARC 7931A 1816

Filed, Air quality, 20.2, 20.3, amendments to
ch 22, 23.1 to 23.4, 24.1(2), 25.1, 25.2, 28.1,
29.1, 31.2 ARC 7928A 1838

Filed, Water wells; wastewater treatment and
disposal systems, ch 49, 60.3(2), 64.3(4),
64.4(2), 64.6(1), 64.15(4), 64.16(3), ch 69
ARC 7929A 1841

ETHICS AND CAMPAIGN DISCLOSURE
BOARD, IOWA[351]

Notice, Availability of reports and information--
copies provided; prohibitions, 5.10
ARC 7949A 1816

EXECUTIVE DEPARTMENT

Proclamations of disaster emergency 1920

HUMAN SERVICES DEPARTMENT[441]

Notice, Individual development accounts,
ch 10 preamble, 10.1, 10.2(7), 10.4 to 10.9
ARC 7909A 1817

Filed, AIDS/HIV settlement payments, 75.27
ARC 7906A 1866

Filed, Medicaid provider documentation of
services, 79.3 ARC 7905A 1866

Filed, Licensed capacity in foster homes, 113.4(1)
ARC 7904A 1867

INSURANCE DIVISION[191]

COMMERCE DEPARTMENT[181]"umbrella"

Notice, Organization of division, 1.1 to 1.3
ARC 7910A 1822

Notice, Prearranged funeral contracts--trust
accounts, 19.2, 19.60 ARC 7911A 1823

Notice, Pharmaceutical disclosure requirements,
35.30, 36.7(1), 40.23, 71.19, 75.12
ARC 7939A 1824

Notice, Residential service contracts, 54.20
ARC 7912A 1825

LABOR SERVICES DIVISION[347]

Notice, Construction safety and health, 26.1
ARC 7926A 1825

Filed Emergency After Notice, General industry,
10.20 ARC 7925A 1833

Filed Emergency After Notice, Construction
safety--respiratory protection and scaffolds,
26.1 ARC 7927A 1833

MEDICAL EXAMINERS BOARD[653]

PUBLIC HEALTH DEPARTMENT[641]"umbrella"

Notice, Licensure--waivers, 11.9(3)
ARC 7952A 1826

NATURAL RESOURCE COMMISSION[571]

NATURAL RESOURCES DEPARTMENT[561]"umbrella"

Notice, Crossbows for deer and turkey hunting,
15.5(1) ARC 7934A 1826

Notice, Boat registration, 38.6"11"
ARC 7933A 1827

Notice, Ginseng, 78.3, 78.4(3), 78.7
ARC 7932A 1827

Filed, Mussels, 87.1 ARC 7935A 1868

NURSING BOARD[655]

PUBLIC HEALTH DEPARTMENT[641]"umbrella"

Notice, Formal advanced practice education,
2.1, 2.3, 2.5, 2.6(2) ARC 7916A 1828

PERSONNEL DEPARTMENT[581]

Filed, Deferred compensation, 15.6, 15.13
ARC 7940A 1868

PUBLIC HEALTH DEPARTMENT[641]

Notice, Scope of practice review committees,
194.5, 194.6, 194.7(2) ARC 7948A 1829

Filed, Swimming pools and spas, ch 15
ARC 7924A 1878

Filed, Radiation, amendments to chs 38 to 42, 45
ARC 7923A 1907

Filed, Radiation--mammography, 41.6, 41.7,
rescind 41.1(12)
ARC 7917A 1907

Filed, Local boards of health, 77.1 to 77.6
ARC 7922A 1908

Filed, EMS services--defibrillation, 132.1,
132.16 ARC 7919A 1909

Filed, Law enforcement emergency care provider--
defibrillation, 139.1, 139.2, 139.6
ARC 7918A 1910

Filed, Variances and waivers of public health
administrative rules, ch 178 ARC 7921A 1911

Filed, Organized delivery systems, 201.6(8)
ARC 7920A 1911

PUBLIC HEARINGS

Summarized list 1798

REGENTS BOARD[681]

Filed, Application fees at state universities,
1.1, 1.2 ARC 7947A 1912

REVENUE AND FINANCE DEPARTMENT[701]

Notice, Sales and use tax on services, 26.45
ARC 7946A 1829

Notice, Net income, 39.1, 40.5(1), 40.18(8),
41.4, 41.5(8), 43.4(2), 46.3(3) ARC 7945A 1830

SECRETARY OF STATE[721]

Filed, Civil penalties for waste tire haulers,
ch 45 ARC 7913A 1912

TRANSPORTATION DEPARTMENT[761]

Filed, Validation stickers, 400.53(1)
ARC 7908A 1913

Filed, Abandoned vehicles, 480.3 ARC 7907A 1914

USURY

Notice 1832

UTILITIES DIVISION[199]

COMMERCE DEPARTMENT[181] "umbrella"

Notice Terminated, Net billing, 15.11(5)
ARC 7938A 1832

Filed, Electric franchise notice, 11.5
ARC 7937A 1914

Filed, Interstate hazardous liquid pipelines and
underground storage, ch 13 ARC 7936A 1915

It also contains Proclamations and Executive Orders of the Governor which are general and permanent in nature; Economic Impact Statements to proposed rules and filed emergency rules; Objections filed by Administrative Rules Review Committee, Governor or the Attorney General; and Delay by the Committee of the effective date of filed rules; Regulatory Flexibility Analyses and Agenda for monthly Administrative Rules Review Committee meetings. Other "materials deemed fitting and proper by the Administrative Rules Review Committee" include summaries of Public Hearings, Attorney General Opinions and Supreme Court Decisions.

The Bulletin may also contain Public Funds Interest Rates [12C.6]; Workers' Compensation Rate Filings [515A.6(7)]; Usury [535.2(3)"a"]; Agricultural Credit Corporation Maximum Loan Rates [535.12]; and Regional Banking--Notice of Application and Hearing [524.1905(2)].

PLEASE NOTE: Italics indicate new material added to existing rules; strike through letters indicate deleted material.

KATHLEEN K. BATES, Administrative Code Editor Telephone: (515)281-3355

ROSEMARY DRAKE, Assistant Editor (515)281-7252

First quarter July 1, 1997, to June 30, 1998 $237.00 plus $11.85 sales tax

Second quarter October 1, 1997, to June 30, 1998 $178.00 plus $8.90 sales tax

Third quarter January 1, 1998, to June 30, 1998 $118.00 plus $5.90 sales tax

Fourth quarter April 1, 1998, to June 30, 1998 $ 60.00 plus $3.00 sales tax

Single copies may be purchased for $17.50 plus $0.88 tax. Back issues may be purchased if the issues are available.

Prices for the Iowa Administrative Code and its Supplements are as follows:

Iowa Administrative Code - $1,086.00 plus $54.30 sales tax

(Price includes 22 volumes of rules and index, plus a one-year subscription to the Code Supplement and the Iowa Administrative Bulletin. Additional or replacement binders can be purchased for $10.55 plus $0.53 tax.)

Iowa Administrative Code Supplement - $382.00 plus $19.10 sales tax

(Subscription expires June 30, 1998)

All checks should be made payable to the Iowa State Printing Division. Send all inquiries and subscription orders to:

Customer Service Center

Department of General Services

Hoover State Office Building, Level A

Des Moines, IA 50319

Telephone: (515)242-5120

PRINTING SCHEDULE FOR IAB
ISSUE NUMBER	SUBMISSION DEADLINE	ISSUE DATE
19	Friday, February 20, 1998	March 11, 1998
20	Friday, March 6, 1998	March 25, 1998
21	Friday, March 20, 1998	April 8, 1998

PLEASE NOTE:

Rules will not be accepted after 12 o'clock noon on the Friday filing deadline days unless prior approval has been received from the Administrative Rules Coordinator's office.

If the filing deadline falls on a legal holiday, submissions made on the following Monday will be accepted.

TO: Administrative Rules Coordinators and Text Processors of State Agencies

FROM: Kathleen K. Bates, Iowa Administrative Code Editor

SUBJECT: Publication of Rules in Iowa Administrative Bulletin

The Administrative Code Division uses Interleaf 6 to publish the Iowa Administrative Bulletin and can import documents directly from most other word processing systems, including Ami Pro, Microsoft Word, Professional Write, Word for Windows (Word 7 or earlier), and WordPerfect.

1. To facilitate the processing of rule-making documents, we request a 3.5" High Density (not Double Density) IBM PC-compatible diskette of the rule making. Please indicate on each diskette the following information: agency name, file name, format used for exporting, and chapter(s) amended. Diskettes may be delivered to the Administrative Code Division, 4th Floor, Lucas State Office Building or included with the documents submitted to the Governor's Administrative Rules Coordinator.

2. Alternatively, if you have Internet E-mail access, you may send your document as an attachment to an E-mail message, addressed to both of the following:

bcarr@legis.state.ia.us

kbates@legis.state.ia.us

Please note that changes made prior to publication of the rule-making documents are reflected on the hard copy returned to agencies by the Governor's office; diskettes are returned unchanged.

Your cooperation helps us print the Bulletin more quickly and cost-effectively than was previously possible and is greatly appreciated.

The Administrative Rules Review Committee voted to request that Agencies comply with Iowa Code section 17A.4(1)"b" by allowing the opportunity for oral presentation (hearing) to be held at least twenty days after publication of Notice in the Iowa Administrative Bulletin.

EDUCATION DEPARTMENT[281]
Child development coordinating council, 64.2, 64.7, 64.8, 64.15"5," 64.18 IAB 4/8/98 ARC 7943A	State Board Room Grimes State Office Bldg. Des Moines, Iowa	April 28, 1998 1 p.m.
ENVIRONMENTAL PROTECTION COMMISSION[567]
Waste incinerators and combustors, 22.1(2), 22.101(2), 23.1, 25.1(10) IAB 4/8/98 ARC 7930A	East Conference Room Air Quality Bureau 7900 Hickman Rd., Suite 1 Urbandale, Iowa	May 25, 1998 1 p.m.
Air quality construction permits, 22.1(3)"b," 22.3 IAB 3/11/98 ARC 7881A	Conference Rooms 5-8 Air Quality Bureau 7900 Hickman Rd., Suite 1 Urbandale, Iowa	April 10, 1998 1 p.m.
HUMAN SERVICES DEPARTMENT[441]
Case management and community supported living arrangements and community mental health centers, 24.1, 24.4, 24.5 IAB 3/25/98 ARC 7892A	Conference Room--6th Floor Iowa Bldg., Suite 600 411 Third St. S.E. Cedar Rapids, Iowa	April 15, 1998 10 a.m.
	Lower Level 417 E. Kanesville Blvd. Council Bluffs, Iowa	April 15, 1998 8 a.m.
	Conference Room 3--5th Floor Bicentennial Bldg. 428 Western Davenport, Iowa	April 15, 1998 10 a.m.
	Conference Room 104 City View Plaza 1200 University Des Moines, Iowa	April 15, 1998 10 a.m.
	Liberty Room Mohawk Square 22 N. Georgia Ave. Mason City, Iowa	April 15, 1998 10 a.m.
	Conference Room 2 120 E. Main Ottumwa, Iowa	April 15, 1998 10 a.m.
	Fifth Floor 520 Nebraska St. Sioux City, Iowa	April 15, 1998 1 p.m.
HUMAN SERVICES DEPARTMENT[441] (Cont'd)	Conference Room 220 Pinecrest Office Bldg. 1407 Independence Ave. Waterloo, Iowa	April 15, 1998 10 a.m.
Pilot project--services for persons with mental retardation and developmental disabilities, Division II preamble, 24.21 to 24.24 IAB 3/25/98 ARC 7893A	Conference Room--6th Floor Iowa Bldg., Suite 600 411 Third St. S.E. Cedar Rapids, Iowa	April 15, 1998 10 a.m.
	Administrative Conference Room 417 E. Kanesville Blvd. Council Bluffs, Iowa	April 15, 1998 8 a.m.
	Large Conference Room--5th Floor Bicentennial Bldg. 428 Western Davenport, Iowa	April 15, 1998 10 a.m.
	Conference Room 104 City View Plaza 1200 University Des Moines, Iowa	April 15, 1998 10 a.m.
	Liberty Room Mohawk Square 22 N. Georgia Ave. Mason City, Iowa	April 15, 1998 10 a.m.
	Conference Room 2 120 E. Main Ottumwa, Iowa	April 15, 1998 10 a.m.
	Fifth Floor 520 Nebraska St. Sioux City, Iowa	April 15, 1998 1 p.m.
	Conference Room 420 Pinecrest Office Bldg. 1407 Independence Ave. Waterloo, Iowa	April 15, 1998 10 a.m.
LABOR SERVICES DIVISION[347]
Construction safety and health-- scaffolds, 26.1 IAB 4/8/98 ARC 7926A	Division of Labor Services 1000 E. Grand Ave. Des Moines, Iowa	April 30, 1998 9 a.m. (If requested)
NATURAL RESOURCE COMMISSION[571]
Crossbows for deer and turkey hunting, 15.5(1) IAB 4/8/98 ARC 7934A	Conference Room Fifth Floor West Wallace State Office Bldg. Des Moines, Iowa	April 28, 1998 12 noon
Boat registration, 38.6 IAB 4/8/98 ARC 7933A	Conference Room Fifth Floor West Wallace State Office Bldg. Des Moines, Iowa	April 28, 1998 11 a.m.
NATURAL RESOURCE COMMISSION[571] (Cont'd)
Game management areas-- nontoxic shot, 51.9 IAB 3/11/98 ARC 7872A	Conference Room--4th Floor Wallace State Office Bldg. Des Moines, Iowa	April 17, 1998 10 a.m.
Wildlife refuges, 52.1 IAB 3/11/98 ARC 7873A	Conference Room--4th Floor Wallace State Office Bldg. Des Moines, Iowa	April 17, 1998 10 a.m.
Ginseng harvest and sale, 78.3, 78.4(3), 78.7 IAB 4/8/98 ARC 7932A	Conference Room Fifth Floor East Wallace State Office Bldg.	April 28, 1998 1 p.m.
Waterfowl and coot hunting seasons, 91.1 to 91.4, 91.5(1), 91.6 IAB 3/11/98 ARC 7874A	Conference Room--4th Floor Wallace State Office Bldg. Des Moines, Iowa	April 17, 1998 10 a.m.
Snow geese seasons, 92.3(11) IAB 3/11/98 ARC 7875A	Conference Room--4th Floor Wallace State Office Bldg. Des Moines, Iowa	April 17, 1998 10 a.m.
Wild turkey fall hunting, 99.5 IAB 3/11/98 ARC 7877A	Conference Room--4th Floor Wallace State Office Bldg. Des Moines, Iowa	April 17, 1998 10 a.m.
Falconry, 102.2(3) IAB 3/11/98 ARC 7878A	Conference Room--4th Floor Wallace State Office Bldg. Des Moines, Iowa	April 17, 1998 10 a.m.
Deer population management areas, ch 105 IAB 3/11/98 ARC 7879A	Conference Room--4th Floor Wallace State Office Bldg. Des Moines, Iowa	April 17, 1998 10 a.m.
Deer hunting, 106.1, 106.2(4), 106.3(3), 106.4, 106.5(2), 106.6, 106.8(2), 106.13 IAB 3/11/98 ARC 7880A	Conference Room--4th Floor Wallace State Office Bldg. Des Moines, Iowa	April 17, 1998 10 a.m.
PUBLIC HEALTH DEPARTMENT[641]
Scope of practice review committees, 194.5, 194.6, 194.7(2) IAB 4/8/98 ARC 7948A	Conference Room--4th Floor Side 1 Lucas State Office Bldg. Des Moines, Iowa	April 28, 1998 1 p.m.
RACING AND GAMING COMMISSION[491]
General, 5.16(9), 13.2(1), 13.5, 13.6(1), 13.10(24), 13.14(5), 21.13(3), 24.11(4), 24.12 to 24.17, 24.18(3), 25.15 to 25.22 IAB 3/25/98 ARC 7900A	Suite B 717 E. Court Des Moines, Iowa	April 14, 1998 9 a.m.

CITATION of Administrative Rules

The Iowa Administrative Code shall be cited as (agency identification number) IAC
(chapter, rule, subrule, lettered paragraph, or numbered subparagraph).

441 IAC 79 (Chapter)

441 IAC 79.1(249A) (Rule)

441 IAC 79.1(1) (Subrule)

441 IAC 79.1(1)"a" (Paragraph)

441 IAC 79.1(1)"a"(1) (Subparagraph)

The Iowa Administrative Bulletin shall be cited as IAB (volume), (number), (publication
date), (page number), (ARC number).

IAB Vol. XII, No. 23 (5/16/90) p. 2050, ARC 872A

"Umbrella" agencies and elected officials are set out below at the left-hand margin in CAPITAL letters.

Divisions (boards, commissions, etc.) are indented and set out in lowercase type under their statutory "umbrellas."

Other autonomous agencies which were not included in the original reorganization legislation as "umbrella" agencies are included alphabetically in small capitals at the left-hand margin, e.g., BEEF INDUSTRY COUNCIL, IOWA[101].

The following list will be updated as changes occur:

AGRICULTURE AND LAND STEWARDSHIP DEPARTMENT[21]

Agricultural Development Authority[25]

Soil Conservation Division[27]

ATTORNEY GENERAL[61]

AUDITOR OF STATE[81]

BEEF INDUSTRY COUNCIL, IOWA[101]

BLIND, DEPARTMENT FOR THE[111]

CITIZENS' AIDE[141]

CIVIL RIGHTS COMMISSION[161]

COMMERCE DEPARTMENT[181]

Alcoholic Beverages Division[185]

Banking Division[187]

Credit Union Division[189]

Insurance Division[191]

Professional Licensing and Regulation Division[193]

Accountancy Examining Board[193A]

Architectural Examining Board[193B]

Engineering and Land Surveying Examining Board[193C]

Landscape Architectural Examining Board[193D]

Real Estate Commission[193E]

Real Estate Appraiser Examining Board[193F]

Savings and Loan Division[197]

Utilities Division[199]

CORRECTIONS DEPARTMENT[201]

Parole Board[205]

CULTURAL AFFAIRS DEPARTMENT[221]

Arts Division[222]

Historical Division[223]

ECONOMIC DEVELOPMENT, IOWA DEPARTMENT OF[261]

City Development Board[263]

Iowa Finance Authority[265]

EDUCATION DEPARTMENT[281]

Educational Examiners Board[282]

College Student Aid Commission[283]

Higher Education Loan Authority[284]

Iowa Advance Funding Authority[285]

Libraries and Information Services Division[286]

Public Broadcasting Division[288]

School Budget Review Committee[289]

EGG COUNCIL[301]

ELDER AFFAIRS DEPARTMENT[321]

EMPLOYMENT SERVICES DEPARTMENT[341]

Job Service Division[345]

Labor Services Division[347]

ETHICS AND CAMPAIGN DISCLOSURE BOARD, IOWA[351]

EXECUTIVE COUNCIL[361]

FAIR BOARD[371]

GENERAL SERVICES DEPARTMENT[401]

HUMAN INVESTMENT COUNCIL[417]

HUMAN RIGHTS DEPARTMENT[421]

Community Action Agencies Division[427]

Criminal and Juvenile Justice Planning Division[428]

Deaf Services Division[429]

Persons With Disabilities Division[431]

Latino Affairs Division[433]

Status of Blacks Division[434]

Status of Women Division[435]

HUMAN SERVICES DEPARTMENT[441]

INSPECTIONS AND APPEALS DEPARTMENT[481]

Employment Appeal Board[486]

Foster Care Review Board[489]

Racing and Gaming Commission[491]

State Public Defender[493]

INTERNATIONAL NETWORK ON TRADE (INTERNET)[497]

LAW ENFORCEMENT ACADEMY[501]

LIVESTOCK HEALTH ADVISORY COUNCIL[521]

MANAGEMENT DEPARTMENT[541]

Appeal Board, State[543]

City Finance Committee[545]

County Finance Committee[547]

NARCOTICS ENFORCEMENT ADVISORY COUNCIL[551]

NATIONAL AND COMMUNITY SERVICE, IOWA COMMISSION ON[555]

NATURAL RESOURCES DEPARTMENT[561]

Energy and Geological Resources Division[565]

Environmental Protection Commission[567]

Natural Resource Commission[571]

Preserves, State Advisory Board[575]

PERSONNEL DEPARTMENT[581]

PETROLEUM UNDERGROUND STORAGE TANK FUND
BOARD, IOWA COMPREHENSIVE[591]

PREVENTION OF DISABILITIES POLICY COUNCIL[597]

PUBLIC DEFENSE DEPARTMENT[601]

Emergency Management Division[605]

Military Division[611]

PUBLIC EMPLOYMENT RELATIONS BOARD[621]

PUBLIC HEALTH DEPARTMENT[641]

Substance Abuse Commission[643]

Professional Licensure Division[645]

Dental Examiners Board[650]

Medical Examiners Board[653]

Nursing Board[655]

Pharmacy Examiners Board[657]

PUBLIC SAFETY DEPARTMENT[661]

RECORDS COMMISSION[671]

REGENTS BOARD[681]

Archaeologist[685]

REVENUE AND FINANCE DEPARTMENT[701]

Lottery Division[705]

SECRETARY OF STATE[721]

SEED CAPITAL CORPORATION, IOWA[727]

SESQUICENTENNIAL COMMISSION, IOWA STATEHOOD[731]

SHEEP AND WOOL PROMOTION BOARD, IOWA[741]

TELECOMMUNICATIONS AND TECHNOLOGY COMMISSION, IOWA[751]

TRANSPORTATION DEPARTMENT[761]

Railway Finance Authority[765]

TREASURER OF STATE[781]

UNIFORM STATE LAWS COMMISSION[791]

VETERANS AFFAIRS COMMISSION[801]

VETERINARY MEDICINE BOARD[811]

VOTER REGISTRATION COMMISSION[821]

WORKFORCE DEVELOPMENT DEPARTMENT[871]

Industrial Services Division[873]

Labor Services Division[875]

Workforce Development Board and
Workforce Development Center Administration Division[877]

Pursuant to the authority of Iowa Code section 256.7(5), the Iowa State Board of Education hereby gives Notice of Intended Action to rescind Chapter 11, "General Approval Standards," Iowa Administrative Code.

This chapter was replaced by Chapter 12 in 1989.

Since this process does not affect the public, no public hearing will be held. Interested persons may submit written comments on or before April 28, 1998, to Ann Molis, Department of Education, Grimes State Office Building, Des Moines, Iowa 50319-0146.

This amendment is intended to implement Iowa Code section 256.11.

The following amendment is proposed.

Rescind and reserve 281--Chapter 11.

ARC 7943A

Pursuant to the authority of Iowa Code section 256.7(5), the Iowa State Board of Education hereby gives Notice of Intended Action to amend Chapter 64, "Child Development Coordinating Council," Iowa Administrative Code.

These amendments are being proposed to comply with guidelines established by federal programs and to establish consistent time frames and guidelines for new programs to achieve accreditation.

Any interested person may submit oral or written suggestions or comments on or before April 28, 1998, by addressing them to Donna Eggleston, Consultant, Department of Education, Grimes State Office Building, Des Moines, Iowa 50319-0146, telephone (515)281-7844.

There will be a public hearing on April 28, 1998, at 1 p.m. in the State Board Room, Grimes State Office Building, Des Moines, Iowa, at which persons may present their views orally or in writing.

These amendments are intended to implement Iowa Code chapters 256A and 279.

The following amendments are proposed.

ITEM 1. Amend rule 281--64.2(256A,279), definition of "Low-income family," as follows:

"Low-income family" means a family whose total income is or is projected to be equal to or less than 125 percent of the federally established poverty guidelines who meets the financial eligibility criteria for free meals offered under the child nutrition program.

ITEM 2. Amend rule 281--64.7(256A,279), catchwords, as follows:

281--64.7(256A,279) Eligibility Primary eligibility.

ITEM 3. Amend rule 281--64.7(256A,279) by adding a new subrule as follows:

64.7(3) Enrollment criteria. Applicants must document the number of children enrolled under primary eligibility and the criteria used for enrollment.

ITEM 4. Amend rule 281--64.8(256A,279) as follows:

281--64.8(256A,279) Secondary eligibility.

64.8(1) Criteria. Up to 20 percent of the available funded child development enrollment slots for at-risk may be filled by children who are three or four years of age on or before September 15 or public school enrollment slots by children who are three, four, or five years of age on or before September 15; are above the income eligibility guidelines provided that they are served on a sliding fee schedule determined at the local level; and are eligible according to one or more of the following criteria if the child:

1. Is functioning below chronological age in two or more developmental areas, one of which may be English proficiency, as determined by an appropriate professional;

2. Was born at biological risk, such as low birth weight (under 1500 grams--approximately three pounds) or with a diagnosed medical disorder, such as spina bifida or Down's syndrome;

3. Was born to a parent who was under the age of 18; or

4. Resides in a household where one or more of the parents or guardian:

Has not completed high school;

Has been identified as a substance abuser;

Has been identified as chronically mentally ill;

Is illiterate;

Is incarcerated; or

Is a child or spouse abuser.

5. Has other special circumstances, such as foster care or being homeless.

The program may include children not at-risk, provided they are at full pay and meet other age requirements.

64.8(2) Enrollment criteria. Applicants must document the number of children enrolled under secondary eligibility and the criteria used for enrollment.

ITEM 5. Amend rule 281--64.15(256A,279), numbered paragraph "5," as follows:

5. Continuation programs shall participate in the Self-Study and Accreditation Program of the National Academy of Early Childhood Programs. Continuation programs not able to attain accreditation by April 15, 1995, and every April thereafter, may apply for a waiver of accreditation by March 15, 1995, and every March thereafter. Programs shall have two years from the date of initial funding to complete the self-study process. Programs shall have three years from the date of initial funding to attain accreditation. Programs unable to attain accreditation by the end of the three-year period, may apply for a waiver of accreditation by March 15 of the third year. Waivers shall be awarded at the discretion of the council. Programs not attaining accreditation or not receiving a waiver of accreditation will be terminated.

ITEM 6. Amend rule 281--64.18(256A,279) as follows:

281--64.18(256A,279) Contract revisions and budget reversions. The grantee shall immediately inform the department of any revisions in the project budget. The department and the grantee may negotiate a revision to the contract to allow for expansion or modification of services but shall not increase the total amount of the grant. The council shall approve revised contracts if the revision is in excess of 10 percent of a budget category. Grantees who revert 3 percent or more of their program budget at the end of the 1998 budget year, and every budget year thereafter, will have that dollar amount permanently deducted from all subsequent grant awards.

ARC 7914A

Pursuant to the authority of Iowa Code section 10A.601, the Employment Appeal Board hereby gives Notice of Intended Action to rescind Chapter 1, "Organization," and adopt a new Chapter 1 with the same title; rescind Chapter 2, "Definitions," and adopt a new Chapter 2, "General Rules of Procedure"; rescind Chapter 3, "Unemployment Insurance Appeals," and adopt a new Chapter 3 with the same title; amend Chapter 4, "Rules of Procedure for OSHA Appeals"; rescind Chapter 5, "Personnel Action," and adopt a new Chapter 5, "Personnel Appeals"; rescind Chapter 7, "Construction Contractor Registration Appeals," and adopt a new Chapter 7 with the same title; and adopt Chapter 9,"IPERS Appeals," Iowa Administrative Code.

These amendments reflect the Employment Appeal Board's current procedures for filing and processing appeals.

Any interested person may make written suggestions or comments on the proposed amendments on or before April 28, 1998. Such written materials should be directed to William Whitten, Employment Appeal Board, Lucas State Office Building, Des Moines, Iowa 50319; fax (515)281-7191.

These amendments are intended to implement Iowa Code section 10A.601.

The following amendments are proposed.

ITEM 1. Rescind 486--Chapter 1 and adopt the following new chapter in lieu thereof:

1.1(1) The employment appeal board is comprised of three members appointed by the governor, subject to confirmation of the senate. The members are appointed pursuant to Iowa Code section 10A.601(2) to represent the interests of employers, employees, and the general public.

1.1(2) The employment appeal board's offices are located in the Lucas State Office Building, Second Floor, Des Moines, Iowa. The office hours are 8 a.m. to 4:30 p.m. Monday through Friday. The office is closed on all state holidays.

1.1(3) The board shall meet the first Monday in May of even-numbered years to select a chairperson and vice-chairperson.

1.1(4) The board shall meet not less than once per month to vote and decide cases which are eligible for review or decision. The meetings are open to the public pursuant to the open meetings law. The board shall also meet at the call of the chairperson or vice-chairperson.

486--1.2(10A) Jurisdiction and filing of appeals.

1.2(1) The employment appeal board has authority to hear appeals or to review records on appeal in the following areas:

1. Department of personnel actions under Iowa Code chapter 19A.

2. Peace office and capitol security discharges under Iowa Code chapter 80.

3. Occupational Safety and Health Act citations under Iowa Code chapter 88.

4. Elevator code citations under Iowa Code chapter 89A.

5. Contractor registration citations under Iowa Code chapter 91C.

6. Unemployment insurance appeals under Iowa Code chapter 96.

7. IPERS appeals under Iowa Code chapter 97B.

1.2(2) The procedures for filing appeals in the above areas and the time for filing such appeals are specified in each of the following chapters pertaining to a specific area.

1.2(3) In all instances, appeals may be filed by mailing the appeal, filing the appeal in person, or faxing the appeal to the employment appeal board at (515)281-7191. The address for the appeal board is Employment Appeal Board, Lucas State Office Building, Second Floor, Des Moines, Iowa 50319.

ITEM 2. Rescind 486--Chapter 2 and adopt the following new chapter in lieu thereof:

486--2.2(10A) Definitions. Definitions as used herein by the employment appeal board are as follows:

"Address of record" means address listed in the Iowa workforce development department's unemployment decisions records.

"Aggrieved person" means an individual or company who has received an adverse ruling from an administrative law judge in a proceeding subject to appeal board review. It also means a company who has received a citation or citations from an OSHA inspector and wishes to contest that citation or citations. It also means a contractor who has been cited for failing to comply with the contractor registration laws and wishes to contest the citation.

"Appeal" means any instrument used to notify the employment appeal board that the individual wishes to appeal a decision of an administrative law judge. The instrument must be in writing and signed by the individual or an authorized representative. If the instrument is signed by an authorized representative, the person or party filing the appeal must be designated in the document.

"Appeal board" means the employment appeal board.

"Claimant" is an individual who has filed a request for determination of insured status or a new claim for unemployment insurance benefits.

"Employer" is an individual, partnership or corporation who employed the claimant in the claimant's base period, or was the last employer of the claimant or offered comparable suitable employment to a claimant, which the claimant refused.

"Filing date" means the date prescribed by statute or rule for an action required to be taken. The filing date will be the date the document is postmarked, if filed by U.S. Postal Service; the date of the faxed document, if filed by facsimile transmission; the date of the document, if the postmark is illegible; or the date received, if filed by any other means. If filed by fax, the original copy of the document shall be mailed to the employment appeal board. If the document is filed by U.S. Postal Service and the document contains both a postal meter mark and a U.S. Postal Service postmark, the U.S. Postal Service postmark shall be used to determine the filing date.

"Good cause" cannot be defined in precise language because what is good cause in one circumstance may not be good cause in a different circumstance. It may be generally defined as that reasonable excuse given, under the circumstances of the case, to excuse an action which was not taken when it should have been taken. As an example, good cause for not appearing at a scheduled hearing would be if the individual had not received the notice of hearing in time to participate. The individual alleging good cause has the burden to establish that good cause did exist to excuse the failure to take the needed action.

"New or additional evidence" means any evidence, testimonial or documentary, which is filed after the date of the decision of the administrative law judge and which, if due diligence had been used, could have been presented to that administrative law judge. A request to file new or additional evidence, or both, must be made within ten days after the mailing of the notice to the parties that an appeal has been filed. Such request shall set forth the nature of the evidence, the materiality of such evidence, and the reasons why it was not introduced at the hearing before the administrative law judge.

"Remand request," as interpreted by the employment appeal board, means a document indicating that the individual filing the document wishes the matter to be returned to the administrative law judge for a new hearing.

"Work product" means those documents produced by the agency which describe or portray the "mental impressions," conclusions, opinions, or legal theories concerning the determination made by the agency as a result of agency investigation or inquiry.

486--2.3(10A) Ex parte communications.

2.3(1) An ex parte communication is an oral or written communication relating directly to the facts or legal questions at issue in a contested case proceeding which is made by a party in interest to the employment appeal board without the knowledge of or outside the presence of the other parties and with the object of affecting the outcome of the case.

2.3(2) Ex parte communication does not include:

a. Statements given by the parties to claims representatives for use in making the initial determination;

b. Statements contained in any party's appeal from an initial determination;

c. Statements relating only to procedural or scheduling matters, such as requests for discovery, subpoenas, postponements or withdrawals of appeals; or

d. Requests for clarification of a legal issue involved in a contested case, but only to the extent of requesting information on the applicable law and not as to matters of fact.

2.3(3) Unless required for the disposition of ex parte matters specifically authorized by statute or rule, no party or its representative shall communicate directly or indirectly with the employment appeal board concerning a contested case before the board, nor shall any member of the employment appeal board communicate directly or indirectly with a party or its representative concerning any such issue of fact or law in a contested case unless:

a. Each party or its representative is given written notification of the communication. Such notification shall contain a summary of the communication, if oral, or a copy of the communication, if written, as well as the time, place and means of communication.

b. After notification, all parties have the right, upon written demand, to respond to the ex parte communication, including the right to be present and heard if an oral communication has not been completed. If the communication is written, or oral and completed, all other parties have the right, upon written demand, to a special hearing to respond to the ex parte communication.

c. Whether or not any party requests the opportunity to respond to an ex parte communication made in violation of Iowa Code section 17A.17(2), the employment appeal board shall include such communication in the official record of the contested case.

ITEM 3. Rescind 486--Chapter 3 and adopt the following new chapter in lieu thereof:

3.1(1) Lower authority's decisions to employment appeal board. A copy of each administrative law judge's decision, pertinent to unemployment insurance matters, shall be submitted to the employment appeal board on the date the decision is issued.

3.1(2) Form and time of appeal. A party aggrieved by a decision of an administrative law judge may appeal to the employment appeal board within 15 days from the date of the decision. The appeal shall state the grounds for the appeal. The appeal shall be addressed to: Employment Appeal Board, Lucas State Office Building, Second Floor, Des Moines, Iowa 50319. The appeal may also be filed in any office maintained by the workforce development department which processes claims for unemployment insurance. Appeals may also be filed by facsimile transmission (fax). If the appeal is filed by fax, the original copy shall be mailed to the employment appeal board. The date of the appeal is the date of the fax transmission.

3.1(3) Procedure when an appeal is filed. Upon receipt of notice of appeal, the entire record before the administrative law judge shall be forwarded to the employment appeal board. One copy of the testimony and evidence received by the administrative law judge shall be mailed to the parties or their designated representative. That mailing shall be identified by a transmittal of testimony and shall provide instructions for the filing of written briefs.

3.1(4) Additional parties. Whenever it appears that other parties should be joined in order to dispose of all issues, the employment appeal board shall so order and notify the parties of further procedures to be followed.

3.1(5) Consolidation of proceedings. Any number of cases before the employment appeal board may be consolidated for hearing, argument, consideration and decision when the facts and circumstances are the same or similar and no substantial right of any party will be prejudiced.

3.1(6) Issues on appeal. The employment appeal board may consider any issue raised by the action pertaining to the eligibility of an individual for unemployment insurance benefits. If new issues appear, different from those which are noticed in the appeal, the board may remand such issues to an administrative law judge for appropriate action, or in the interest of prompt administration of justice and without prejudicing the substantive rights of any party, may hear and decide any issue material to the appeal, even if not specifically indicated as a ground for appeal or not noticed for the administrative hearing.

3.1(7) New or additional evidence.

a. An application to present new or additional evidence shall be in writing and shall be filed within ten days after the date of mailing notice to the parties that an appeal has been filed.

b. The application to present new or additional evidence shall state the nature of the evidence, the materiality of such evidence, and the reasons why such evidence was not introduced at the hearing before the administrative law judge. No such evidence shall be considered by the board unless the board has ordered it admitted.

c. Whenever the board, on its own motion, or upon the application of a party, orders the taking of new or additional evidence, the board may schedule a hearing or remand the matter to an administrative law judge. The issues at such hearing shall be limited to those issues designated by the appeal board. The parties shall be notified ten days before the date of the hearing, specifying the place and time of the hearing.

d. Whenever the board holds the hearing, the parties may introduce such evidence as may be pertinent to the issues on which the board has directed the taking of evidence. All parties shall have the right to examine and cross-examine other parties and witnesses.

e. If only documentary evidence is to be admitted, a copy of the evidence shall be mailed by the board to each of the parties, and the parties shall be granted ten days to submit written arguments on that evidence. The party which has not submitted the new evidence may submit rebuttal evidence to the new evidence.

3.1(8) Postponement of hearing of appeals. Applications for postponement of hearing of appeals, scheduled before the appeal board, shall be submitted in writing at least three days before the date of the scheduled hearing, and shall be granted at the discretion of the appeal board. Each party shall be granted only one postponement, except as determined by the chairperson of the appeal board.

3.1(9) Adjournment and continuance. Adjournment and continuance may be granted for good cause by the appeal board. Notice of the adjournment or continuance shall be given to all parties, at their last-known address according to the division's record.

3.1(10) Hearing of appeals. An appeal to the board may be considered and decided based upon the evidence in therecord made before the administrative law judge or the appeal board. The board may schedule a hearing to permit the parties to offer oral or written argument, or both. The parties shall be notified by the appeal board of such hearing by notice at least ten days before the date of the hearing.

3.1(11) Remand of appeals. The appeal board may remand any claim or claims for any issue involved in the claim or pertaining to the claim to an administrative law judge for the taking of additional evidence as the appeal board may deem necessary.

3.1(12) Taking of evidence. If the appeal board decides that evidence shall be taken, such evidence may be taken before the appeal board. The hearing may be conducted by the appeal board, or the board may designate an attorney employed by the appeal board to conduct such hearing. The parties shall be notified of the time and date of the hearing and shall be provided with instructions about how to participate in the hearing. The proceedings shall be recorded and made a part of the record.

3.1(13) Written briefs and oral arguments. The parties shall be granted the opportunity to submit written briefs on all issues to be decided. The briefs and arguments shall be submitted within seven days from the date of mailing of the transcript of testimony, in cases where an evidentiary hearing was held. In those cases where no hearing was held, the parties shall have ten days to submit written briefs and the opportunity to show good cause for not appearing. A request for extension of time to submit briefs must be made within the time set for submission of the briefs. Each party shall be granted one seven-day extension without justification. Requests for second extensions must be for good cause and will be granted at the discretion of the chairperson of the appeal board.

The appeal board may afford the parties an opportunity to present oral arguments and may limit the time of oral arguments. Requests to present oral arguments shall be submitted within ten days from the date of mailing of the acknowledgment of appeal and shall state the reasons for the oral argument.

3.1(14) Nonappearance at appeal hearing. If the appellant fails to appear at a scheduled hearing and does not submit good cause for failing to appear within ten days from the date of the hearing, the appeal board shall issue a decision based upon the evidence contained in the record.

3.1(15) Withdrawal of appeal. Any appeal may be withdrawn by the appellant, by written request, anytime before a decision is issued by the appeal board. If a request is made, the appeal shall be dismissed. An appeal so dismissed may be reinstated by the appeal board if the appellant files a written request to reinstate and shows that the request for withdrawal resulted from misinformation given by the workforce development department, unemployment insurance division, or for other good cause shown, as determined by the appeal board. A request for reinstatement shall be made within 60 days after the mailing of the decision dismissing the appeal or, in the event of fraud, within 60 days after discovery of the fraud.

3.1(16) Late appeals. The appeal board shall dismiss appeals which are not filed within 15 days from the date of the administrative law judge's decision, unless good cause for the delay has been shown.

486--3.2(10A) Removals.

3.2(1) Within ten days following the decision of an administrative law judge, and in the absence of a filing of a notice of appeal to the appeal board by any of the parties from a decision of the administrative law judge, the appeal board on its own motion may order the parties to appeal before the board for a hearing on the claim or any issue involved therein.

3.2(2) Such hearings shall be held only after notice, mailed to the parties ten days from the date of the removal of the case to the appeal board.

3.2(3) The proceedings on any claim before an administrative law judge ordered by the appeal board to be removed to itself shall be presented, heard, and decided by the appeal board in the manner prescribed for the hearing of appeals before an administrative law judge. The appeal board may review the evidence already contained in the record, giving the parties time to file written briefs and arguments, and issue a decision based upon that evidence.

486--3.3(10A) Appeal board decisions.

3.3(1) An appeal shall be decided based upon the evidence contained in the entire record before the administrative law judge, including the testimony of the hearing before the administrative law judge, together with any oral or written arguments presented to the board. Should the appeal board order additional evidence be admitted to the record, that evidence and briefs pertaining to that evidence shall be considered.

3.3(2) Following the review of an appeal or the conclusion of a hearing on appeal, the appeal board shall, within a reasonable time, render a written decision. The decision shall be signed by the members of the appeal board who reviewed the appeal, and a copy of said decision shall be filed in the offices of the employment appeal board. All decisions of the appeal board shall be filed in the offices of the unemployment insurance division of the workforce development department.

3.3(3) A quorum of two members of the appeal board must be present when any decision is made by the appeal board. Should there be only two members present and those two members cannot agree upon the decision, the case shall be issued as a split decision and the decision of the administrative law judge shall be affirmed by operation of law.

3.3(4) If a decision of the appeal board is not unanimous, the decision of the majority shall control. A majority shall be two members. The minority member may file a dissent from such decision setting forth the reasons why that member fails to agree with the majority. The appeal board, in its discretion, may omit the giving of any reasons for its decision on cases in which the decision of an administrative law judge is affirmed without any alteration or modification.

3.3(5) Copies of the decision shall be mailed to all parties to the appeal. The decision shall specify the parties' appeal rights.

3.3(6) The appeal board's decision shall become the final decision of the unemployment insurance division of the workforce development department 30 days after the decision is mailed to all interested parties of record. The date of mailing shall be affixed to the decision immediately below the signatures of the board members reviewing the decision. Any party may file an application for rehearing within 20 days of the date of the board's decision.

3.3(7) The appeal board's decision on an application for rehearing shall be final and without further review 30 days after the date the decision is mailed to the parties of record, unless within that 30 days a petition for judicial review is filed in the appropriate district court.

3.3(8) An application for rehearing shall be deemed denied unless the appeal board acts upon that application within 20 days of its filing date with the appeal board. A petition for judicial review may be filed within 30 days of the date of the appeal board's decision without the necessity of filing an application for rehearing.

3.3(9) After a decision of the appeal board has become final, the matter shall not be reopened, reconsidered, or reheard. The decision shall not be changed except to correct obvious clerical errors in the decision.

486--3.4(10A) Rehearing of the appeal board decision.

3.4(1) Solely on showing of good cause, the appeal board may, upon application by a party, reopen and review any prior decision, provided the application for rehearing is filed within 20 days from the date of the issuance of the prior decision.

3.4(2) The application shall be in writing, stating specific grounds therefor and the specific relief sought. Copies of such application shall be mailed, by the appeal board, to all parties of record not joining in the application.

3.4(3) In determining whether good cause exists for the appeal board to rehear a prior decision, the following factors shall be considered:

a. Whether the application presents newly discovered evidence or facts which are not cumulative, corroborative, or material to the issue decided and are not of sufficient weight to cause a reversal or change in the appeal board's decision.

b. Prior to and at the time of the appeal board's decision, such new information must not have been available through reasonable search by the applicant and must not have been previously considered in any prior appeals decision.

c. When the application presents evidence that benefits were allowed or denied, or the amount of benefits was fixed on the basis of nondisclosure or a misrepresentation of material fact.

3.4(4) If the application for rehearing is granted, the rec-ord shall be reopened and the matter may be remanded to an administrative law judge to allow the taking of further testimony and the establishment of further or new findings of fact. The matter then may be transferred to the appeal board for final action. The appeal board may admit documentary evidence or take additional testimony and then reissue a decision based upon the entire record.

3.4(5) The application for rehearing shall be deemed denied unless the appeal board takes action to grant or deny the application within 20 days from the date of the filing of the application.

3.4(6) If the application for rehearing is denied, all administrative remedies shall have been exhausted and the applicant may petition the appropriate district court for review pursuant to Iowa Code section 17A.19.

486--3.5(10A) Disqualification of appeal board members.

3.5(1) No appeal board member shall participate in any hearing in which the member has an interest which might affect the ultimate decision.

3.5(2) A challenge to the interest of an appeal board member may be made in writing at any time prior to the date the appeal board's decision becomes final.

3.5(3) Such challenge shall be filed with the chairperson of the appeal board and will be heard by the unchallenged members of the appeal board. A tie vote shall result in dismissing the challenge.

3.5(4) In the event one or more members of the appeal board are absent or otherwise disqualified, the case will be reviewed by the remaining members. A tie vote will result in affirming the administrative law judge's decision by operation of law.

486--3.6(10A) Public hearing. All hearings and meetings of the employment appeal board shall be open to the public except where the provisions of Iowa Code section 20.5 apply.

486--3.7(10A) Specific rules applicable to unemployment insurance claims.

3.7(1) Investigations.

a. Whenever, in the course of an appeal, an investigation, inquiry, payroll audit or other examination appears necessary for a proper determination of a case, the appeal board may request such investigation, inquiry, payroll audit, or other examination through the appropriate department.

b. Hearings on the appeal shall be continued or adjourned pending the completion of such investigation, inquiry, or examination.

c. The right to be informed of, to cross-examine, to inspect, and to rebut the results of the investigation, inquiry, or examination shall be preserved to all parties to the appeal.

3.7(2) Information to be furnished.

a. Information from the records of the workforce development department, unemployment insurance division, shall be furnished to a party or the party's representative to the extent necessary for the proper presentation of an appeal upon application.

b. Applications for information from records of the division shall state the nature of the information desired.

3.7(3) Payment of benefits. If the appeal board's decision allows benefits by reversing or modifying an administrative law judge's decision, benefits shall be promptly paid. The filing of an application for a rehearing or for judicial review shall not stay the effect of the appeal board's decision.

3.7(4) Redeterminations.

a. If a claim has been decided under the gross misconduct section of the Iowa Code, a redetermination may be made anytime within five years of the effective date of the claim, even though a final decision has been made by the appeal board.

b. The redetermination may be appealed to the appeal board.

c. If the redetermination results in a reversal of an allowance of benefits and holds that the claimant was discharged for an act of gross misconduct, all benefits paid to the claimant prior to the redetermination shall be assessed as an overpayment and shall be collectible in the manner provided in Iowa Code section 96.14(3) for the collection of past due contributions.

d. If the redetermination results in an allowance of benefits by reversing a previously imposed disqualification for gross misconduct, the claimant shall be paid benefits for all weeks for which the claimant has submitted a continued claim report form.

e. A request for a redetermination may be made only by an interested party to the original case which resulted in the determination, decision, or final decision of the appeal board under the gross misconduct section.

3.7(5) Workforce development department employees as witnesses.

a. Those employees of the workforce development department directly involved in handling the claim which resulted in the appeal may be called to testify by the appeal board.

b. The employee having direct knowledge of the local job market may be called as a witness by the appeal board to testify concerning the wages, hours and other conditions of employment relating to the particular job and job market involved in the appeal.

c. The employer to whom an applicant is referred for work or who offers work or recall to work of an individual claiming unemployment insurance benefits shall be named in the appeal and shall receive all applicable notices and decisions.

486--3.8(10A) Retention of records. Records of proceedings in contested cases, appealed to the employment appeal board, shall be retained:

1. Sixty days following the final date for an appeal to the district court.

2. Sixty days following the entry of a final order by the district court.

3. Sixty days following the filing of the decision of the court of appeals.

4. Sixty days following the filing of an opinion by the supreme court.

Other records of the employment appeal board may be retained as determined by the board.

Records of cases involving federal appeals or those cases which are governed by federal law or rules shall be retained as determined by federal regulation pertaining to the case.

These rules are intended to implement Iowa Code section 10A.601.

ITEM 4. Amend rule 486-4.60(10A,88) as follows:

486--4.60(10A,88) Notice of hearing. Notice of the time, place, and nature of a hearing shall be given to the parties and intervenors at least ten days in advance of such hearing, except as otherwise provided in 4.101(10A,88). Such notice shall be given by certified mail, return receipt requested.

ITEM 5. Amend subrule 4.90(5) as follows:

4.90(5) Parties and intervenors shall be promptly notified of each proposed or final decision or order by the delivery to them of a copy of such decision or order by certified mail return receipt requested.

ITEM 6. Rescind 486--Chapter 5 and adopt the following new chapter in lieu thereof:

5.1(1) Form and time of appeal. A person aggrieved by a personnel action pertaining to an application rejection; examination rating; removal from an eligible list or disqualification; or veteran's points rejection may appeal to the employment appeal board within 30 days from the date of the notification of the action. The appeal must be in writing, signed by the appellant or authorized agent. If an appeal is signed by the authorized agent, the name of the appellant shall be shown in the appeal.

The appeal shall be addressed to: Employment Appeal Board, Lucas State Office Building, Second Floor, Des Moines, Iowa 50319.

5.1(2) Taking the appeal. An appeal may be filed by mail, by facsimile transmission, by other transmission, or in person. If filed by U.S. Postal Service, the date of filing shall be the date of the postmark, if legible. If by fax, the date of filing shall be the date of the fax transmission. If by other transmission, or in person, the date of filing shall be the date received by the employment appeal board.

The employment appeal board shall provide the respondent agency a copy of the appeal.

5.1(3) Hearing date and notice. Upon receipt of the appeal, the appeal board shall determine if the board will conduct the hearing or if it will assign the appeal to an administrative law judge of the appeals section of the department of inspections and appeals. If the board conducts the hearing, a hearing date shall be established and notice of the hearing shall be sent to the parties by ordinary mail not less than ten days prior to the hearing.

If the matter is assigned to an administrative law judge, the matter shall be assigned for hearing by the administrative law judge utilizing procedures established by the appeals section of the department of inspections and appeals.

5.1(4) Continuances. Requests for continuance of a hearing must be made not less than three days before the scheduled hearing date. The request must be in writing and signed by the requesting party or an authorized representative. Each party shall be granted only one continuance, unless good cause is established as determined by the chairperson of the appeal board or assigned administrative law judge.

5.1(5) Hearings. The hearing may be conducted by a quorum of the employment appeal board. A quorum of the appeal board shall be two members. If the matter is assigned to an administrative law judge, that person shall conduct the hearing.

5.1(6) Procedure during hearings. If the appeal is heard by the employment appeal board, the hearing shall be conducted in an informal manner utilizing the procedures provided in Iowa Code section 17A.12.

5.1(7) Decision. If the hearing is conducted by the employment appeal board, the decision of the board shall be the final decision. If the hearing is conducted by an administrative law judge, the decision shall be a proposed decision, which shall become the final decision 20 days after the issue date of that decision, unless a further appeal is taken to the employment appeal board. The appeal board on further review may reverse, modify or remand the proposed decision. The decision of the employment appeal board becomes the final decision on further review.

5.1(8) Rehearings and further appeals. The decision of the appeal board shall be the final decision of the agency. A request for rehearing must be filed within 20 days of the date of the board's decision. The board has 20 days from the date of filing to act on the request for rehearing or it is deemed denied by law. Any appeal to district court must be made within 30 days from the date of the decision of the employment appeal board or to the denial, or deemed denial, of the request for rehearing.

This rule is intended to implement Iowa Code section 10A.601.

ITEM 7. Rescind 486--Chapter 7 and adopt the following new chapter in lieu thereof:

7.1(1) Form and time of appeal. Any contractor aggrieved by a citation of notice of proposed administrative penalty shall notify the commissioner of labor, within 15 working days from the date of receipt of the notice, that the contractor intends to contest the citation or proposed penalty. The commissioner shall, within 10 working days of the receipt of the notice of contest, transmit the original notice of contest to the employment appeal board, together with allrecords and documents contained in the administrative file, except the agency work product. The contest (hereinafter called appeal) must be in writing, signed by the respondent or authorized agent. If an appeal is signed by an authorized agent, the name of the respondent shall be shown at the end of the appeal, followed by the signature of the authorized agent.

7.1(2) Taking the appeal. An appeal shall be deemed filed on the date the notice of contest protest is filed with the commissioner of labor. The date shall be the date of the postmark, if filed by using the U. S. Postal Service with a properly addressed envelope with sufficient postage paid by the respondent. If the appeal is metered, with no postmark on the envelope, the date of the meter mark shall be the filing date. If neither a postmark nor meter mark is available, the date of the notice of contest shall be the filing date. If the notice of contest is filed by facsimile document, the date of the fax shall be the filing date.

7.1(3) Hearing date and notice. Upon receipt of the appeal, a determination shall be made by the appeal board whether the board shall hear the appeal or whether the appeal shall be assigned to an administrative law judge in the appeals section of the department of inspection and appeals. If the board determines it will hear the appeal, notice shall be provided to the parties, by ordinary mail, of the date and time of the hearing. This notice shall be provided not less than ten days prior to the hearing date. If the hearing is to be conducted by an administrative law judge, that judge shall provide notice of the hearing as provided by the rules of the appeals section.

7.1(4) Continuances. Requests for continuance of a hearing must be made not less than three days prior to the scheduled hearing date. The request must be in writing and signed by the requesting party or authorized representative. Each party shall be granted only one continuance, unless good cause is established for additional continuances. The chairperson of the appeal board shall determine whether good cause has been established for additional continuances.

7.1(5) Hearing. The hearing may be conducted by a quorum of the employment appeal board. A quorum shall consist of two members of the employment appeal board.

7.1(6) Procedures during hearings. The hearing shall be conducted in an informal manner as provided for by Iowa Code section 17A.12.

7.1(7) Decisions. When the employment appeal board presides at the reception of the evidence, the decision of the employment appeal board is the final decision. If the hearing is conducted by an administrative law judge, the decision of the judge shall be a proposed decision which shall become final unless an application for further review is filed with the employment appeal board within 20 days of the date of the administrative law judge's decision.

7.1(8) Hearings and further appeals. The decision of the employment appeal board is the final decision of the agency. An application for rehearing, as provided for by Iowa Code section 17A.16(2), must be filed within 20 days of the date of the employment appeal board's decision. The application shall be in writing, stating specific grounds for the rehearing, and be signed by the aggrieved party or representative.

An application for rehearing shall be deemed denied unless acted upon by the employment appeal board within 20 days of its filing by the party.

The decision of the appeal board shall become final, without further review, unless within 60 days from the date of the board's decision, a petition for judicial review is filed in the appropriate district court. A petition for judicial review may be filed within 60 days from the date the application for rehearing has been denied or deemed denied.

This rule is intended to implement Iowa Code section 10A.601 and Iowa Code chapter 91C.

ITEM 8. Adopt new 486--Chapter 9 as follows:

9.1(1) Form and time of appeal. Any party aggrieved by a decision of an administrative law judge of the department of inspections and appeals may file an appeal with the employment appeal board. The appeal must be filed within 30 days of the date of the decision of the administrative law judge.

9.1(2) Taking the appeal. The appeal shall be deemed filed if by U.S. Postal Service, the date of the postmark or date of the meter mark if no postmark; if by facsimile transmission, the date of the fax transmission; if by any other method, the date received by the employment appeal board.

9.1(3) Notice to agency. Upon receipt of the appeal, the employment appeal board shall notify the department of personnel, IPERS division, of the appeal and shall provide them a copy of the appeal.

9.1(4) Hearing. The employment appeal board shall not conduct a new hearing on the matter on review. However, the board shall provide the parties with a transcript of the hearing held before the administrative law judge and shall provide the parties time to file written briefs on the issues.

9.1(5) Continuances. The parties will be allowed reasonable continuances for submission of written briefs and arguments. Requests for second continuances must be justified by good cause.

9.1(6) Additional evidence. The employment appeal board will not admit nor consider any new or additional evidence which was not submitted to the administrative law judge, unless the party submitting the new or additional evidence establishes good cause for not submitting the evidence at the evidentiary hearing.

9.1(7) Decision. The decision of the employment appeal board is the final agency decision for purposes of judicial review. The decision of the board becomes final 30 days after the date of the decision and not further reviewable unless a petition for judicial review is filed pursuant to Iowa Code section 17A.19.

The party aggrieved by a decision of the employment appeal board may file an application for rehearing before the employment appeal board within 20 days of the date of the board's decision. If an application for rehearing is filed, the date for judicial review is delayed until either 20 days from the date of filing the application for rehearing if no action has been taken by the board or 30 days from the date of denial by the board or deemed denied by operation of law.

This rule is intended to implement Iowa Code section 97B.27.

ARC 7930A

Pursuant to the authority of Iowa Code section 455B.133, the Environmental Protection Commission hereby gives Notice of Intended Action to amend Chapter 22, "Controlling Pollution," Chapter 23, "Emission Standards for Contaminants," and Chapter 25, "Measurement of Emissions," Iowa Administrative Code.

The purpose of this rule making is to regulate existinghospital/medical/infectious waste incinerators (HMIWI), adopt by reference and make corrections to the NSPS for HMIWI and municipal waste combustors (MWC), and update adoption by reference citations. The Department has established that there are sources in the state subject to these requirements. In accordance with the delegation agreements previously entered into with the Environmental Protection Agency (EPA), the Department herein considers accepting delegation of these standards. The standards are no more stringent than those specified in the federal regulations.

On September 15, 1997, the EPA issued regulations that will affect new and existing incinerators that burn hospital, medical, or infectious waste, or a combination thereof, as 40 CFR Part 60 Subparts Ec and Ce. The new regulations require organizations (hospitals/health care facilities, veterinary facilities, crematoriums, research labs, and commercial facilities) with these incinerators to reduce emissions of certain pollutants which are known to have a negative effect on both public health and welfare. The regulations aim to reduce the emissions from these incinerators by 75 to 98 percent.

Item 1 adds a reference to emission guidelines, so that equipment required as a result of a specific emission guideline cannot be classified as an exemption from construction permitting.

Item 2 amends the date for 40 CFR Part 60 to correspond with the federal promulgation of the NSPS and EG forhospital/medical/infectious waste incinerators. The Iowa Administrative Code citation for emission guidelines was added to defer sources, if specified in the regulation, from Title V operating permit. No substantive changes have been made.

Item 3 amends the date for 40 CFR Part 60 to corre-spond with the federal promulgation of the NSPS forhospital/medical/infectious waste incinerators.

Item 4 revises the adoption by reference of the federal standards of performance for new stationary sources for municipal waste combustors with a capacity greater than 225 megagrams per day of municipal solid waste.

Item 5 adopts by reference the federal standards of performance for new stationary sources for municipal waste combustors with a capacity greater than 35 megagrams per day of municipal solid waste, for which construction commenced after September 20, 1994, or modification or reconstruction after June 19, 1996; and hospital/medical/infectious waste incinerators for which construction commenced after June 20, 1996, or modification after March 16, 1998.

Item 6 amends the date for 40 CFR Part 60 to correspond with the federal promulgation of the EG for hospital/medical/infectious waste incinerators.

Item 7 adds the emission guidelines and compliance schedule for hospital/medical/infectious waste incinerators for which construction commenced on or before June 20, 1996. Table 1 outlines the compliance schedule for designated facilities with an existing HMIWI planning to retrofit their equipment. Designated facilities planning to shut down an existing HMIWI must do so by September 16, 1999.

Table 1. Compliance Schedule for Existing HMIWI
Event	Compliance Dates
Submit construction permit application to the department.	June 16, 1999
Meet operator training and qualification requirements.	September 16, 1999
Conduct initial inspection; inspections annually thereafter.	September 16, 1999; annually
Award contracts for control systems or process modifications, or orders for purchase of components.	March 16, 2000
Initiate on-site construction or installation of the air pollution control device(s) or process changes.	September 16, 2000
Complete on-site construction or installation of air pollution control device(s) or process changes.	June 16, 2001
Complete initial compliance test on air pollution control equipment.	August 16, 2001
Final compliance.	September 16, 2001

Item 8 amends the date for 40 CFR Part 60 to correspond with the federal promulgation of the NSPS and EG forhospital/medical/infectious waste incinerators. No substantive changes have been made.

Table 2 outlines the status of federal incinerator and combustor standards. Only one standard, 40 CFR Part 60, Subpart Ea, had been adopted by reference in the Iowa Admin-istrative Code. The Department submitted negative decla-rations for the municipal waste combustors (MWC) emission guidelines because Iowa did not have any facilities that met the definition of an existing MWC. The standard for hazardous waste combustors has only been proposed at the federal level. Standards for commercial and industrial incinerators and other solid waste incinerators have not been addressed at the federal level. The other standards are included in this Notice of Intended Action.

Any person may make written suggestions or comments on the proposed amendments on or before May 25, 1998. Written comments should be directed to Scott Vander Hart, Iowa Department of Natural Resources, Air Quality Bureau, 7900 Hickman Road, Suite 1, Urbandale, Iowa 50322,fax (515)242-5094, or by Electronic mail tosvander@max.state.ia.us.

A public hearing will be held on May 25, 1998, at 1 p.m. in the East Conference Room, Air Quality Bureau, 7900 Hickman Road, Suite 1, Urbandale, Iowa, at which time comments may be submitted orally or in writing.

Any persons who intend to attend a public hearing and have special requirements, such as those related to hearing or mobility, should contact the Department of Natural Resources to advise the Department of any specific needs.

These amendments may impact small business.

These amendments are intended to implement Iowa Code section 455B.133.

The following amendments are proposed.

ITEM 1. Amend subrule 22.1(2), introductory paragraph, as follows:

22.1(2) Exemptions. The provisions of this rule shall not apply to the following listed equipment or control equipment unless review of the equipment or the control equipment is necessary to comply with rule 22.4(455B), prevention of significant deterioration requirements; rule 22.5(455B), special requirements for nonattainment areas; 567--subrule 23.1(2), new source performance standards (40 CFR Part 60 NSPS); 567--subrule 23.1(3), emission standards for hazardous air pollutants (40 CFR Part 61 NESHAP); or 567--subrule 23.1(4), emission standards for hazardous air pollutants for source categories (40 CFR Part 63 NESHAP); or 567--subrule 23.1(5), emission guidelines, in which case a permit must be obtained. If equipment is permitted under the provisions of rule 22.8(455B), then no other exemptions shall apply to that equipment.

ITEM 2. Amend subrule 22.101(2) as follows:

22.101(2) Title V deferred stationary sources. The requirement to obtain a Title V permit is deferred for all sources listed in 22.101(1) that are not major sources, affected sources, or solid waste incineration units required to obtain a permit pursuant to Section 129(e) of the Act, until December 9, 1999, unless by the final promulgation of a federal standard to which the source is subject under the provisions of 40 CFR Part 60 (as amended through June 12, 1997 September 15, 1997), or 40 CFR Part 63 (as amended through August 11, 1997), or 567--subrule 23.1(5), a source is required to obtain a Title V permit. Each source receiving a deferral under the provisions of this rule shall submit a Title V permit application to the department within 12 months of the date when the requirement to obtain a Title V permit is no longer deferred for that source.

ITEM 3. Amend subrule 23.1(2), introductory paragraph, as follows:

23.1(2) New source performance standards. The federal standards of performance for new stationary sources, as defined in 40 Code of Federal Regulations Part 60 as amended or corrected through June 12, 1997 September 15, 1997, and 40 CFR Part 503 as adopted on October 25, 1995, are adopted by reference, except SS60.530 through SS60.539b, and shall apply to the following affected facilities. The corresponding 40 CFR Part 60 subpart designation is in parentheses. Reference test methods (Appendix A), performance specifications (Appendix B), determination of emission rate change (Appendix C), quality assurance procedures (Appendix F) and the general provisions (Subpart A) of 40 CFR Part 60 also apply to the affected facilities.

ITEM 4. Amend subrule 23.1(2), paragraph "nnn," as follows:

nnn. Municipal waste combustors. Unless exempted, a municipal waste combustor with a capacity greater than 250 tons 225 megagrams per day of municipal solid waste orrefuse derived fuel for which construction, modification, or reconstruction is commenced after December 20, 1989, and on or before September 20, 1994, and modification or reconstruction is commenced after December 20, 1989, and on or before June 19, 1996. (Subpart Ea)

ITEM 5. Further amend subrule 23.1(2) by adding the following new paragraphs:

sss. Municipal waste combustors. Unless exempted, a municipal waste combustor with a capacity greater than 35 megagrams per day of municipal solid waste for which construction is completed after September 20, 1994, or for which modification or reconstruction is commenced after June 19, 1996. (Subpart Eb)

ttt. Hospital/medical/infectious waste incinerators. Unless exempted, a hospital/medical/infectious waste incinerator for which construction is commenced after June 20, 1996, or for which modification is commenced after March 16, 1998. (Subpart Ec)

ITEM 6. Amend subrule 23.1(5), introductory paragraph, as follows:

23.1(5) Emission guidelines. The emission guidelines and compliance times for existing sources, as defined in 40 Code of Federal Regulations Part 60 as amended through June 12, 1997 September 15, 1997, shall apply to the following affected facilities. The corresponding 40 CFR Part 60 subpart designation is in parentheses. The control of the designated pollutants will be in accordance with federal standards established in Sections 111 and 129 of the Act and 40 CFR Part 60, Subpart B (Adoption and Submittal of State Plans for Designated Facilities), and the applicable subpart(s) for the existing source. Reference test methods (Appendix A), performance specifications (Appendix B), determination of emission rate change (Appendix C), quality assurance procedures (Appendix F) and the general provisions (Subpart A) of 40 CFR Part 60 also apply to the affected facilities.

ITEM 7. Amend subrule 23.1(5) by adding the following new paragraph "b":

b. Emission guidelines for hospital/medical/infectious waste incinerators (Subpart Ce). This paragraph contains emission guidelines and compliance times for the control of certain designated pollutants from hospital/medical/infectious waste incinerator(s) (HMIWI) in accordance with Subparts Ce and Ec (Standards of Performance for Hospital/Medical/Infectious Waste Incinerators) of 40 CFR Part 60.

(1) Definitions. For the purpose of paragraph 23.1(5)"b," the definitions have the same meaning given to them in the Act and 40 CFR Part 60, Subparts A, B, and Ec, if not defined in this subparagraph.

"Hospital/medical/infectious waste incinerator" or"HMIWI" means any device that combusts any amount or combination of hospital, medical, or infectious waste.

"Hospital waste" means discards generated at a hospital, except unused items returned to the manufacturer. The definition of hospital waste does not include human corpses, remains, and anatomical parts that are intended for interment or cremation.

"Large HMIWI" means:

1. An HMIWI whose maximum design waste burning capacity is more than 500 pounds per hour; or

2. A continuous or intermittent HMIWI whose maximum charge rate is more than 500 pounds per hour; or

3. A batch HMIWI whose maximum charge rate is more than 4,000 pounds per day.

"Medical/infectious waste" means any waste generated in the diagnosis, treatment, or immunization of human beings or animals, in research pertaining thereto, or in the production or testing of biologicals that is listed in numbered paragraphs "1" through "7" of this definition. The definition of medical/infectious waste does not include hazardous waste identified or listed under the regulations in 40 CFR Part 261; household waste, as defined in 40 CFR SS 261.4(b)(1); ash from incineration of medical/infectious waste, once the incineration process has been completed; human corpses, remains, and anatomical parts that are intended for interment; and domestic sewage materials identified in 40 CFRSS 261.4(a)(1).

1. Cultures and stocks of infectious agents and associated biologicals, including: cultures from medical and pathological laboratories; cultures and stocks of infectious agents from research and industrial laboratories; wastes from the production of biologicals; discarded live and attenuated vaccines; and culture dishes and devices used to transfer, inoculate, and mix cultures.

2. Human pathological waste, including tissues, organs, and body parts and body fluids that are removed during surgery or autopsy or other medical procedures, and specimens of body fluids and their containers.

3. Human blood and blood products including: liquid waste human blood, products of blood, items saturated or dripping with human blood; or items that were saturated or dripping with human blood that are now caked with dried human blood; including serum, plasma, and other blood components, and their containers, which were used or intended for use in patient care, testing and laboratory analysis or the development of pharmaceuticals. Intravenous bags are also included in this category.

4. Sharps that have been used in animal or human patient care or treatment or in medical, research, or industrial laboratories, including hypodermic needles, syringes (with or without the attached needle), pasteur pipettes, scalpel blades, blood vials, needles with attached tubing, and culture dishes (regardless of presence of infectious agents). Also included are other types of broken or unbroken glassware that were in contact with infectious agents, such as used slides and cover slips.

5. Animal waste including contaminated animal carcasses, body parts, and bedding of animals that were known to have been exposed to infectious agents during research (including research in veterinary hospitals), production of biologicals or testing of pharmaceuticals.

6. Isolation wastes including biological waste and discarded materials contaminated with blood, excretions, exudates, or secretions from humans who are isolated to protect others from certain highly communicable diseases, or from isolated animals known to be infected with highly communicable diseases.

7. Unused sharps including the following unused, discarded sharps: hypodermic needles, suture needles, syringes, and scalpel blades.

"Medium HMIWI" means:

1. An HMIWI whose maximum design waste burning capacity is more than 200 pounds per hour but less than or equal to 500 pounds per hour; or

2. A continuous or intermittent HMIWI whose maximum charge rate is more than 200 pounds per hour but less than or equal to 500 pounds per hour; or

3. A batch HMIWI whose maximum charge rate is more than 1,600 pounds per day but less than or equal to 4,000 pounds per day.

"Remote HMIWI" means a small HMIWI meeting the following conditions:

1. Located 50 miles from the boundary of the nearest standard metropolitan statistical area.

2. Burns less than 2,000 lb/week of hospital waste and medical/infectious waste.

"Small HMIWI" means:

1. An HMIWI whose maximum design waste burning capacity is less than or equal to 200 pounds per hour; or

2. A continuous or intermittent HMIWI whose maximum charge rate is less than or equal to 200 pounds per hour; or

3. A batch HMIWI whose maximum charge rate is less than or equal to 1,600 pounds per day.

"Standard metropolitan statistical area" or "SMSA" means any areas listed in OMB Bulletin No. 93-17 entitled "Revised Statistical Definitions for Metropolitan Areas" dated June 30, 1993. The following SMSAs are in Iowa or within 50 miles of Iowa border: Cedar Rapids (Linn County, IA), Davenport-Moline-Rock Island (Henry County, IL; Rock Island County, IL; Scott County, IA), Des Moines (Dallas County, Polk County, Warren County), Dubuque (Dubuque County), Iowa City (Johnson County), La Crosse (Houston County, MN; La Crosse County, WI), Omaha-Council Bluffs (Cass County, NE; Douglas County, NE; Pottawattamie County, IA; Sarpy County, NE; Washington County, NE), Rochester (Olmsted County, MN), St. Joseph (Andrew County, MO; Buchanan County, MO), Sioux City (Dakota County, NE; Woodbury County, IA), Sioux Falls (Lincoln County, SD; Minnehaha County, SD), andWaterloo-Cedar Falls (Black Hawk County).

(2) Designated facilities.

1. Except as provided in numbered paragraphs "2" through "8" of this subparagraph, the designated facility to which the guidelines apply is each individual HMIWI for which construction was commenced on or before June 20, 1996.

2. A combustor is not subject to this paragraph during periods when only pathological waste, low-level radioactive waste, or chemotherapeutic waste, or any combination thereof, (defined in 40 CFR SS 60.51c) is burned, provided the owner or operator of the combustor does the following: notifies the director of an exemption claim, and keeps records on a calendar-quarter-basis of the periods of time when only pathological waste, low-level radioactive waste, or chemotherapeutic waste, or any combination thereof, is burned.

3. Any co-fired combustor (defined in 40 CFR SS 60.51c) is not subject to this paragraph if the owner or operator of the co-fired combustor: notifies the director of an exemption claim; provides an estimate of the relative weight of hospital waste, medical/infectious waste, other fuels and other wastes to be combusted; and keeps records on a calendar-quarter-basis of the weight of hospital waste and medical/infectious waste combusted, and the weight of all other fuels and wastes combusted at the co-fired combustor.

4. Any combustor required to have a permit under Section 3005 of the Solid Waste Disposal Act is not subject to paragraph 23.1(5)"b."

5. Any combustor which meets the applicability requirements under Subpart Cb, Ea, or Eb of 40 CFR Part 60 is not subject to paragraph 23.1(5)"b."

6. Any pyrolysis unit (defined in 40 CFR SS 60.51c) is not subject to paragraph 23.1(5)"b."

7. Cement kilns firing hospital, medical, or infectious waste, or a combination thereof, are not subject to paragraph 23.1(5)"b."

8. Physical or operational changes made to an existing HMIWI unit solely for the purpose of complying with paragraph 23.1(5)"b" are not considered a modification and do not result in an existing HMIWI becoming subject to the provisions of 40 CFR Subpart Ec.

9. Designated facilities subject to paragraph 23.1(5)"b" must apply for an operating permit as required by 567--subrule 22.101(1) within 12 months of September 15, 1999.

(3) Emission limits.

1. An HMIWI must not exceed the emission limits for each pollutant listed in Table 1, except as provided for in numbered paragraph "2" of subparagraph 23.1(5)"b"(3).

2. A remote HMIWI must not exceed the emission limits for each pollutant listed in Table 2. The 2,000 lb/week limitation does not apply during performance tests.

3. On or after the date on which the initial performance test is completed or is required to be completed under 40 CFR Section 60.8, whichever comes first, no owner or operator of an affected facility shall cause any gases to be discharged into the atmosphere from the stack of the affected facility that exhibit greater than 10 percent opacity (6-minute block average).

(4) Operator training and qualification requirements. Designated facilities shall meet the requirements for operator training and qualification listed in 40 CFR SS 60.53c no later than September 16, 1999.

(5) Waste management requirements. Designated facilities shall meet the requirements for a waste management plan listed in 40 CFR SS 60.55c.

(6) Inspection requirements. Each remote HMIWI subject to the emission limits under numbered paragraph "2" of subparagraph 23.1(5)"b"(3) must conduct an initial equipment inspection by September 16, 1999, and equipment inspections annually, no more than 12 months after the previous inspection. The facility must complete all necessary repairs within ten operating days following an inspection. If the repairs cannot be accomplished within this period, then the owner or operator must obtain written approval from the department requesting an extension. All inspections shall include the following:

1. Inspect all burners, pilot assemblies, and pilot sensing devices for proper operation, and clean pilot flame sensor as necessary;

2. Ensure proper adjustment of primary and secondary chamber combustion air, and adjust as necessary;

3. Inspect hinges and door latches, and lubricate as necessary;

4. Inspect dampers, fans, and blowers for proper operation;

5. Inspect HMIWI door and door gaskets for proper sealing;

6. Inspect motors for proper operation;

7. Inspect primary chamber refractory lining, and clean and repair or replace lining as necessary;

8. Inspect incinerator shell for corrosion and hot spots;

9. Inspect secondary/tertiary chamber and stack, and clean as necessary;

10. Inspect mechanical loader, including limit switches, for proper operation if applicable;

11. Visually inspect waste bed (grates), and repair or seal as appropriate;

12. For the burn cycle that follows the inspection, document that the incinerator is operating properly, and make any necessary adjustments;

13. Inspect air pollution control device(s) for proper operation if applicable;

14. Inspect waste heat boiler systems to ensure proper operation if applicable;

15. Inspect bypass stack components;

16. Ensure proper calibration of thermocouples, sorbent feed systems and any other monitoring equipment; and

17. Generally observe whether the equipment is maintained in good operating condition.

(7) Compliance, performance testing, and monitoringrequirements. Except as provided in subparagraphs 23.1(5)"b" (8) and (9), designated facilities shall meet the requirements for compliance and performance testing listed in 40 CFR SS 60.56c (excluding the fugitive emissions testing requirements under 40 CFR SS 60.56c(b)(12) and (c)(3)) and the requirements for monitoring listed in 40 CFR SS 60.57c.

(8) Compliance and performance testing for remoteHMIWI. Remote HMIWI shall meet the following compliance and performance testing requirements:

1. Conduct the performance testing requirements in 40 CFR SS 60.56c(a), (b)(1) through (b)(9), (b)(11) (Hg only), and (c)(1). The 2,000 lb/week limitation under numbered paragraph "2" of subparagraph 23.1(5)"b"(3) does not apply during performance tests.

2. Establish maximum charge rate and minimum secondary chamber temperature as site-specific operating parameters during the initial performance test to determine compliance with applicable emission limits.

3. Following the date on which the initial performance test is completed or is required to be completed under 40 CFR SS 60.8, whichever date comes first, remote HMIWI must not operate above the maximum charge rate or below the minimum secondary chamber temperature measured as three-hour rolling averages (calculated each hour as the average of the previous three operating hours) at all times except during periods of startup, shutdown and malfunction. Operating parameter limits do not apply during performance tests. Operation above the maximum charge rate or below the minimum secondary chamber temperature shall constitute a violation of the established operating parameter(s).

4. Except as provided in numbered paragraph "5" of subparagraph 23.1(5)"b"(8), operation of the remoteHMIWI above the maximum charge rate and below the minimum secondary chamber temperature (each measured on a three-hour rolling average) simultaneously shall constitute a violation of the PM, CO, and dioxin/furan emission limits.

5. The owner or operator of the remote HMIWI may conduct a repeat performance test within 30 days of violation of applicable operating parameter(s) to demonstrate that the designated facility is not in violation of the applicable emission limit(s). Repeat performance tests conducted pursuant to this paragraph must be conducted using the identical operating parameters that indicated a violation under numbered paragraph "4" of subparagraph 23.1(5)"b"(8).

(9) Monitoring requirements for remote HMIWI. Remote HMIWI must meet the following monitoring requirements:

1. Install, calibrate (to manufacturers' specifications), maintain, and operate a device for measuring and recording the temperature of the secondary chamber on a continuous basis, the output of which shall be recorded, at a minimum, once every minute throughout operation.

2. Install, calibrate (to manufacturers' specifications), maintain, and operate a device which automatically measures and records the date, time, and weight of each charge fed into the HMIWI.

3. The owner or operator of a designated facility shall obtain monitoring data at all times during HMIWI operation except during periods of monitoring equipment malfunction, calibration, or repair. At a minimum, valid monitoring data shall be obtained for 75 percent of the operating hours per day and for 90 percent of the operating hours per calendar quarter that the designated facility is combusting hospital, medical, or infectious waste or a combination thereof.

(10) Reporting and record-keeping requirements. Designated facilities shall meet the reporting and record-keeping requirements listed in 40 CFR SS 60.58c(b), (c), (d), (e), and (f), excluding 40 CFR SS 60.58c(b)(2)(ii) (fugitive emissions) and (b)(7) (siting), except for remote HMIWI.

(11) Reporting and record-keeping requirements for remote HMIWI. Remote HMIWI must meet the following reporting and record-keeping requirements:

1. Maintain records of the annual equipment inspections, any required maintenance, and any repairs not completed within ten days of an inspection; and

2. Submit an annual report containing information recorded under numbered paragraph "1" of subparagraph 23.1(5)"b"(11) no later than 60 days following the year in which data were collected. Subsequent reports shall be sent no later than 12 calendar months following the previous report (once the unit is subject to permitting requirements under Title V of the Act, the owner or operator must submit these reports semiannually). The report shall be signed by the facility's manager.

(12) Compliance times for designated facilities planning to retrofit. Designated facilities planning to retrofit existing HMIWI shall comply with the emission limits specified in subparagraph 23.1(5)"b"(3) by September 16, 2001. To ensure compliance, these facilities must also comply with the following increments of progress:

1. Submit construction permit application to the department, as required by rule 567--22.1(455B), to outline the addition of control equipment and the modification of existing processes no later than June 16, 1999;

2. Award contracts for control systems or process modifications, or orders for purchase of components no later than March 16, 2000;

3. Initiate on-site construction or installation of the air pollution control device(s) or process changes no later than September 16, 2000;

4. Complete on-site construction or installation of air pollution control device(s) or process changes no later than June 16, 2001; and

5. Complete initial compliance test(s) on the air pollution control equipment no later than August 16, 2001.

(13) Compliance times for designated facilities planning to shut down. Designated facilities planning to shut down an existing HMIWI shall shut down no later than September 16, 1999. Designated facilities may request an extension from the department to operate the HMIWI for up to two additional years. The request for extension must be submitted to the department no later than July 16, 1999, and include the following:

1. Documentation to support the need for the requested extension;

2. An evaluation of the option to transport the waste off site to a commercial medical waste treatment and disposal facility on a temporary or permanent basis; and

3. A plan that documents measurable and enforceable incremental steps of progress to be taken toward compliance with paragraph 23.1(5)"b," including final compliance date which can be no later than September 16, 2001.

ITEM 8. Amend subrule 25.1(10), paragraph "a," as follows:

a. An affected source is subject to a new source performance standard promulgated in 40 CFR Part 60 as amended through June 12, 1997 September 15, 1997.

ARC 7931A

The purposes of the Notice were:

1. To reorganize and simplify the rules related to landfills, without significant substantive change and for the benefit of the regulated parties and public;

2. To establish a simplified "permit-by-rule" for demolition wastes; and

3. To establish less stringent design requirements and streamlined permit procedures for coal combustion residue (CCR) landfills.

In spite of the fact that substantial effort was made to solicit input and comments from the regulated community and other interests prior to submitting the Notice of Intended Action, there has been substantial negative comment on the proposals, except that supportive comments were received relating to the CCR provisions. The intent of the Department is to terminate rule making. However, the Department intends to adopt in the near future, and without notice and further public participation, those portions of this Notice relating to CCR, after reviewing them for purposes of ensuring consistency with and proper placement in the existing rules.

ARC 7949A

Pursuant to the authority of Iowa Code sections 17A.3 and 68B.32A, the Iowa Ethics and Campaign Disclosure Board proposes to amend Chapter 5, "Ethics and Campaign Disclosure Board," Iowa Administrative Code.

From at least 1973 to 1993, the Iowa Code provisions for the agency expressly prohibited the use of information in reports filed with the agency "by any person other than statutory political committees for the purpose of soliciting contributions or for any commercial purpose." See 1993 Iowa Code section 56.10(8). The same statute also required that "[u]pon receipt of payment, the [agency] shall mail copies of reports to persons requesting them." When the agency's functions were modified in 1993, this language was removed from Iowa Code chapter 56 and transferred, with some modification, to Iowa Code section 68B.32A(6). As a result of recent questions as to enforcement of these provisions, a review of the current Code language indicates that rather than being an outright prohibition and requirement, as existed prior to 1993, the language in section 68B.32A(6) is a directive that the Board have rules which "shall provide for the mailing of copies upon the request of any person and upon prior receipt of payment of the costs by the board, and shall prohibit the use of the information copied from reports and statements for soliciting contributions or for any commercial purpose by any person other than statutory political committees." The proposed rule would accomplish this by incorporating prior statutory language into the rule. A definition of "soliciting contributions" is also included, modeled after the federal definition of "soliciting contributions" at 11 CFR SS104.15, arising from a substantially similar federal prohibition.

In addition, in order to better ensure compliance with the prohibition against the use of information for "solicitation or commercial purpose," the proposed rule would include the current agency practice of not including individual identification of street or mailing address, including the ZIP code, on any information which is provided to any person in an electronic format. The address information is still a public record and would be available to any person in a hard copy format.

Also to address the issue of compliance, the proposed rule indicates that while actual names of individuals must be used to be in compliance with Iowa Code chapters 56 and 68B, a unique but true version of an individual's name may be used to assist in detecting misuses of information obtained from the reports. The Iowa statute does not contain an explicit provision such as the federal statute, which expressly allows limited use of actual pseudonyms (2 U.S.C. SS 438(a)(4)). Since other provisions of Iowa Code chapters 56 and 68B require the reporting of true and accurate information, the Board does not believe that it has the discretion to allow the use of actual pseudonyms or false names without a statutory exception.

Any interested person may make written comments on this proposed rule on or before April 28, 1998. Written comments should be addressed to Kay Williams, Executive Director, Iowa Ethics and Campaign Disclosure Board, 514 E. Locust Street, Suite 104, Des Moines, Iowa 50309.

This rule is intended to implement Iowa Code section 68B.32A.

The following rule is proposed.

Rescind rule 351--5.10(22,56,68B) and insert in lieu thereof the following new rule:

351--5.10(22,56,68B) Availability of reports and information--copies provided; prohibitions.

5.10(1) Copying costs and fees. As provided by 351--subrule 10.3(7), a price schedule for copying and mailing costs and fees shall be posted in the board office. The price schedule shall be reviewed by the board at least annually.

5.10(2) Mailing of copies. Upon receipt of payment of copying costs and mailing costs, the board shall mail requested copies of reports to any person.

5.10(3) Prohibited use. Information regarding individuals that is copied or otherwise obtained from reports and statements required under Iowa Code chapter 56 or chapter 68B shall not be used by any person other than statutory political committees for the purpose of soliciting contributions or for any commercial purpose. For the purpose of this rule, "soliciting contributions" includes soliciting any type of contribution or donation of money or something of monetary value, such as political or charitable contributions. The use of information which is copied or otherwise obtained from the reports and statements in newspapers, magazines, books or other similar communications is permissible as long as the principal purpose of such communications is not to communicate any individual information listed on such reports for the purpose of soliciting contributions or for other commercial purpose.

5.10(4) Information in electronic format. Copies of information from reports and statements required under Iowa Code chapter 56 or chapter 68B which are maintained by the board in an electronic database, and copies of statistical reports based upon the reports and statements which the board routinely compiles by computer, shall be provided upon payment of costs and fees. Unless there is a technical inability to transfer the information to disk, the requester may specify whether the information is provided in a paper or disk format. However, any information printed or electronically transferred from an electronic database or computer shall include only the name, city and state, and shall not include the street or mailing address, including the ZIP code, of any individual.

5.10(5) Protection. A committee or other person required to file a report or statement under Iowa Code chapter 56 or chapter 68B must use the actual names of all individuals required to be disclosed on those reports and statements. However, a committee or other person filing a report or statement may choose to report the names of up to ten individuals on each report in such a manner so as to facilitate detection of an illegal use of the information, for example, by using an individual's legal but not commonly known name, or by using a first initial and middle name with the last name. The committee or other person filing the report shall maintain a list of the name modifications used on the report, which shall be provided to the board upon request.

This rule is intended to implement Iowa Code section 68B.32A.

ARC 7909A

Pursuant to the authority of Iowa Code section 541A.5, the Department of Human Services proposes to amend Chapter 10, "Individual Development Accounts," appearing in the Iowa Administrative Code.

These amendments incorporate revisions to the Individual Development Account (IDA) program mandated by theSeventy-sixth General Assembly in 1996 Iowa Acts, chapter 1106, division III, to clarify and simplify the accounting, rec-ord keeping, and administration of the program and provide modest IDA grants to IDA operating organizations, appropriated by the General Assembly for state fiscal year 1998.

IDAs are income-producing investment savings accounts established through an operating organization to help low-income Iowans accumulate assets and income for long-term goals. Any person whose family household income does not exceed 200 percent of the federal poverty level may have an IDA. Assets in accounts grow through deposits and matches contributed by individuals, charitable organizations, the operating organization, and the account holder. In addition, the state will provide annual formula-based savings matches on account holder deposits of up to $2,000 annually. Income earned on the account is tax-exempt.

In general, the amendments:

* Delete the requirement that withdrawals from an IDA be charged to the source of principal on a prorated basis. This type of complex accounting is usually only done by trust departments and is labor intensive and costly.

* Eliminate penalties and trust requirements, including holding individual and charitable contributions in trust. The revision requires that any withdrawal of IDA funds (principal and income) shall only be for approved purposes and must be approved by the operating organization. The amendments also eliminate the opportunity for unapproved withdrawals. Current rules require that individual and charitable contributions be held in trust, a major barrier which enormously complicated the administration of the project.

* Eliminate the seven enumerated state saving refund levels in favor of three at a 5 percent higher level. The refund levels are a:

[zeta] 25 percent refund for household income at or below 150 percent of the federal poverty level.

[zeta] 20 percent refund for household income over 150 percent but below 175 percent of the federal poverty level.

[zeta] 15 percent refund for household income from 175 percent up to and including 200 percent of the federal poverty level. These refunds will have a negligible budgetary impact compared to the previous refund levels and are paid from the general fund by the Department of Revenue and Finance.

* Eliminate the requirement that the Department of Human Services shall ensure that the family income status of account holders at the time an account is opened proportionately reflects the distribution of the household income status of the state's population up to 200 percent of the federal poverty level.

* Eliminate state income tax deferral on income earned on principal in the IDA and substitute a state income tax exemption on income earned. This will have a negligible budgetary impact to the state, but greatly simplifies accounting and record keeping.

* Add two additional approved purposes for withdrawal of funds by the account holder: home improvements that add to the tax basis of the property and a one-time family medical emergency not to exceed 10 percent of the balance in the account.

* Provide authority to the operating organization to close an IDA for certain reasons, such as the wrongful withdrawal of funds, inactivity in the account, or noncompliance with the terms of an agreement that the account holder may have with the operating organization.

* Provide for transfer of the IDA account from one operating organization to another operating organization or to a new geographic location where there is an operating organization that has an agreement with a financial institution, in the event that the account holder moves to a new location in the state.

* Allow organizations to apply for financial grants at the time that they are responding to the Department's Request for Proposals to recruit and designate IDA operating organizations and allow the Department to offer financial grants through an application process to current IDA operating organizations. The General Assembly appropriated $50,000 for ten $5,000 grants for state fiscal year 1998.

These revisions were not submitted earlier, pending review of the possible inclusion of IDA TANF block grant provisions and IDA provisions initially considered in the 1997 federal Tax Reform Act and in pending federal IDA legislation. The delay has not had any impact on IDA implementation in the local pilots, since the revised legislation was in full force.

Consideration will be given to all written data, views, and arguments thereto received by the Bureau of Policy Analysis, Department of Human Services, Hoover State Office Building, Des Moines, Iowa 50319-0114, on or before April 29, 1998.

These amendments are intended to implement Iowa Code chapter 541A.

The following amendments are proposed.

ITEM 1. Amend 441--Chapter 10, Preamble, as follows:

Iowa Code chapter 541A creates an investment account called the individual development account (IDA). These rules establish the policies and procedures governing IDAs.

The IDA is a tax-benefited means for an individual whose annual household income does not exceed 200 percent of the federal poverty level to accumulate assets and earnings on assets for long-term purposes. Withdrawal of funds from an individual's IDA is intended to be used for any or all of the following purposes: educational costs at an institution of higher learning, job training costs, purchase of a primary residence, and capitalization of a small business start-up, an improvement to a primary residence which increases the tax basis of the property, and emergency medical costs for the account holder or for a member of the account holder's family which is limited to a single withdrawal during the life of the account in an amount not to exceed 10 percent of the account balance at the time of the withdrawal. With some minor exceptions, withdrawals of funds for any other purpose are subject to penalty.

Contributions up to $2,000 made to an account by the individual are eligible for a state savings refund of 10 to 20 15 to 25 percent, based on income status. The refunds are paid by the department of revenue and finance and are deposited directly into the IDA. Individuals and nonprofit organizations may contribute to IDAs. Income earned on assets in an account are not subject to state income taxes until withdrawn.

Adults may transfer account assets to another individual's account without tax or penalty. There are restrictions pertaining to withdrawal or transfer Transfer of funds from a child's account is prohibited, and withdrawals must be for purposes approved by the operating organization.

For During the initial five-year pilot period beginning January 1, 1995, and ending December 31, 1999, the number of accounts permitted is limited to 10,000.

The department of human services shall administer the IDA program in partnership with local community organizations. The department will issue a request requests for proposals (RFP) for organizations to design local pilot IDAprojects and to assist with the operations of the accounts on behalf of target populations. Within the constraints of these rules and the enabling legislation, the local organizations shall have maximum flexibility to design an IDA project which best suits the needs of their local communities. Review criteria used to select local IDA operating organizations will include: safety and security of the investment mechanism, ability to link individual deposits with other services, performance requirements, matching funding for accounts, innovation and creativity in planning and implementation, reporting, and evaluation plans. The department shall approve the establishment of the local IDA pilot programs through an agreement with the selected operating organizations.

ITEM 2. Amend rule 441--10.1(541A) as follows:

Amend the definitions of "Federal poverty level" and "Operating organization," as follows:

"Federal poverty level" means the poverty income guidelines published in the established annually for a calendar year and published in the Federal Register by the United States Department of Health and Human Services.

"Operating organization" means an entity selected by the department for involvement in operating individual development accounts directed to a specific the eligible target population.

Rescind the definition of "Adjusted account holder deposits."

ITEM 3. Rescind and reserve subrule 10.2(7).

ITEM 4. Amend subrules 10.4(1), 10.4(4), and 10.4(5) as follows:

10.4(1) Eligibility based on household income level. Eligibility shall be based on the account holder's household income for the calendar year preceding the calendar year in which the account will open for the period beginning January 1, 1995, and ending December 31, 1999. The household income shall not exceed 200 percent of the federal poverty level as published in the year for which the household income is based. If an account holder's household income should exceed 200 percent of the federal poverty level in any subsequent year following the year that the account holder established the account, the account shall remain open, but the account holder shall not be eligible to receive deposits of charitable contributions, the state savings refund, or make a deposit in the account during the year following the year when the household income exceeds 200 percent of the federal poverty level. If the prospective account holder files an income tax return on a fiscal-year basis, the household income must be computed on a calendar-year basis.

10.4(4) Income tax deferred exempt on income not withdrawn from earned on principal in an IDA. Income earned on principal in an individual development account which is not withdrawn shall be exempt from state income tax deferred even if the account holder's household income is greater than 200 percent of the federal poverty level for the tax year.

10.4(5) State savings refunds. The operating organization shall determine the account holder's household income and account deposits on an annual basis for the purpose of computing the state savings refund. On behalf of the account holder, the operating organization shall file a claim by April 30 of the year following the year in which the account holder made deposits into the individual development account with the department for a state savings refund. The claim shall be filed on Form 470-3482, Certification for State Savings Refunds, provided by the department. Based on the claim which the department shall transmit to the department of revenue and finance, the department of revenue and finance shall make a payment of a savings refund on amounts of up to $2,000 per calendar year that an account holder deposits in the account holder's account. Moneys transferred to an individual development account from another account shall not be considered an account holder deposit for purposes of determining a savings refund. Payment shall be made directly to the account in the most appropriate manner as determined by the department. The state savings refund shall be the indicated percentage of the amount deposited in the calendar year as follows:

a. For an account holder with a household income which is less than 150 percent or less of the federal poverty level, 20 25 percent.

b. For an account holder with a household income which is more than 150 percent or more but less than 160 175 percent of the federal poverty level, 18 20 percent.

c. For an account holder with a household income which is 160 175 percent or more but less not more than 170 200 percent of the federal poverty level, 16 15 percent.

d. For an account holder with a household income which is 170 percent or more but less than 180 percent of the federal poverty level, 14 percent.

e. For an account holder with a household income which is 180 percent or more but less than 190 percent of the federal poverty level, 12 percent.

f. For an account holder with a household income which is 190 percent or more but less than 200 percent of the federal poverty level, 10 percent.

g d. For an account holder with a household income which is more than 200 percent or more of the federal poverty level, 0 percent.

ITEM 5. Amend rule 441--10.5(541A) as follows:

441--10.5(541A) Administration of the pilot phase initial period.

10.5(1) Scope of pilot phase initial period. For During the initial five-year pilot phase period beginning January 1, 1995, and ending December 31, 1999, the total number of IDAs shall be limited to 10,000 accounts to Iowans whose household income does not exceed 200 percent of the federal poverty level. Not more than 5,000 new accounts shall be established during the first opened in any one calendar year of the period.

10.5(2) Duties of the department. The department shall perform, contract out, or delegate to an appropriate entity all of the duties in the administration of IDAs as indicated below. The department shall:

a. Issue a request requests for proposals (RFP) for operating organizations to be involved with the operation of IDAs on behalf of specific target populations or eligible account holders generally. The RFP shall include Form 470-3483, Memorandum of Agreement, between the department and the operating organization, describing the responsibilities of both parties. The memorandum of agreement shall be signed, dated, and enclosed with other application materials by the operating organization when submitting its proposal in response to the RFP. The RFP may include an application for financial grants to provide funding to operating organizations for the administration and growth of IDAs. The application shall be submitted on Form 470-3481, Application Form for Individual Development Accounts (IDA) Incentive Grants. The department shall determine the review criteria used to select operating organizations based upon criteria indicated in rule 441--10.6(541A) and on any other criteria included in the RFP.

b. Ensure that the family income status of account holders at the time an account is opened proportionately reflects the distribution of the household income status of the state's population up to 200 percent of the federal poverty level.

c b. Contract for an independent evaluation of the implementation of the individual development accounts. The evaluation shall consider the following: implementation andprocess used for the implementation, program impact, and financial effectiveness.

ITEM 6. Amend rule 441--10.6(541A) as follows:

Amend the catchwords as follows:

441--10.6(541A) Request Requests for proposals--operation of IDAs.

Amend subrule 10.6(1), introductory paragraph and paragraphs "a," "b," and "c," as follows:

10.6(1) Review criteria used to evaluate and select proposals responding to the RFP requests for proposals (RFP). The department shall evaluate and select proposals submitted by operating organizations in response to the RFP based upon, but not limited to, the following criteria which shall be ongoing responsibilities of the operating organizations:

a. The project shall provide for a safe and secure investment mechanism for the individual development accounts utilizing a financial institution approved by the department.

This provision shall include assurances to contributors that a process will be put is in place to ensure that contributions will be used for approved purposes, as indicated herein, and that operating organizations and financial institutions will be protected from civil liability in the event of a fraudulent withdrawal of funds by an account holder in rule 441--10.7(541A).

For example, at the time a charitable or individual contributor contributes moneys to an individual development account, the contributor shall fill out and sign a form which provides directions for disposition of the contributed moneys which shall be removed from an individual development account because of excessive unauthorized withdrawals. The charitable or individual contributor shall also sign a waiver of liability form releasing the operating organization and financial institution, subject to the requirements of rule 441--10.7(541A), of civil liability and responsibility for the wrongful and fraudulent withdrawal of funds by the account holder.

In addition, upon compliance by the operating organization and financial institution with the requirements of rule 441--10.7(541A), IDA account holders who have transferred funds into another individual's IDA account and any beneficiaries of an IDA account shall hold sign a waiver of liability form releasing the operating organization and the financial institution free from civil liability and responsibility for the wrongful withdrawals of funds by the account holder due to the account holder's false representation of the purpose of the withdrawal, resulting in the loss to the account balance of deposited principal funds, including individual and charitable contributions, transferred funds, and the state savings refund.

b. The proposed project shall have a strong relationship to goals established by other initiatives deemed a priority by the department. These goals include postsecondary education and job training leading to self-sufficiency through employment, small business entrepreneurship, safe and decent housing, and strong and healthy families.

c. The proposed project shall link the making of an account holder's contributions to an individual development account with other services provided by or outcomes identified by the operating organization in the proposal. The proposed project shall include mechanisms for the operating organizations to monitor and enforce the identified outcomes and services.

Further amend subrule 10.6(1), paragraph "g," subparagraphs (2), (3), and (4), as follows:

(2) Certifying annually the income status of individual development account holders for purposes of establishing eligibility to hold an IDA and the amount of contributions to each individual development account by an account holder during the tax year which is eligible for the state savings refund, as provided for in subrule 10.4(5).

(3) Calculating Recording annually the adjusted contribution principal amounts for made by the account holder, the state, and individual and charitable contributors, and the state.

(4) Submitting information regarding individual development accounts and account holders to the department and the department of revenue and finance as requested and in the format specified.

Amend subrule 10.6(2) as follows:

10.6(2) Additional review criteria in the request for proposals. The department may issue additional review criteria in the request requests for proposals used to evaluate and select proposals by operating organizations for the IDA pilot phase project, including, but not limited to: ability to network with other agencies or to form a communitywide consortium of agencies, if desirable, to operate IDAs; ability to form an effective working relationship with banks or other financial institutions; and ability to fund-raise.

Amend subrule 10.6(3), introductory paragraph and paragraphs "a" and "c," as follows:

10.6(3) Other considerations and guidelines. Other considerations and guidelines in implementing IDAs during the pilot phase initial period are:

a. The department shall have authority to designate and limit the number of locations where the IDA pilot project projects shall be implemented, taking into account demographic characteristics and geographic considerations.

c. The department may establish criteria for and offer nonfinancial incentives, such as technical, marketing, and program operating assistance, to operating organizations selected in the RFP process financial grants through an application process to operating organizations previously selected through an IDA RFP process. The application shall be submitted on Form 470-3481, Application Form for Individual Development Accounts (IDA) Incentive Grants.

Further amend subrule 10.6(3) by rescinding paragraph "f," and adding the following new paragraphs "f" and "g":

f. Upon the termination of an operating organization's relationship with the financial institution holding the IDA accounts, the operating organization managing the accounts shall enter into a new agreement with a successor financial institution to hold the accounts and shall arrange for the transfer of the accounts to the new financial institution. The new agreement shall be subject to the department's review and approval.

g. If an account holder moves to another location in the state, which location is not served by the operating organization under whose management the IDA account was established but is served by a different operating organization managing IDA accounts, the original operating organization shall arrange for the transfer of the account to a financial institution which has an agreement with the operating organization serving in the new location where the account holder will reside. If there is no operating organization in the new location where the account holder has moved, the IDA account shall be closed, with funds in the account distributed to the account holder, or the operating organization and the account holder may jointly agree to maintain the account under the management of the existing operating organization and financial institution. The operating organization shall provide a written notification to the department of all transfers of IDA accounts to the management of a new operating organization.

ITEM 7. Amend rule 441--10.7(541A) as follows:

Amend subrule 10.7(1), introductory paragraph, as follows:

10.7(1) Approved purposes for withdrawal of funds from an IDA. An account holder may shall withdraw principal and income earned on principal from an individual development account with the written approval of the operating organization without penalty only for the following approved purposes:

Further amend subrule 10.7(1) by deleting the last unnumbered paragraph and adding the following new paragraphs "e" and "f":

e. An improvement to a primary residence which increases the tax basis of the property.

f. Emergency medical costs for the account holder or for a member of the account holder's family. However, a withdrawal for this purpose is limited to once during the life of the account and the amount of the withdrawal shall not exceed 10 percent of the account balance at the time of the withdrawal.

Amend subrule 10.7(2), introductory paragraph and paragraph "a," as follows:

10.7(2) Conditions on withdrawals of principal and interest income. An account holder may withdraw without penalty from the account holder's account the following sums under the following conditions:

a. If the account holder is an adult, any income earned on principal, without needing the approval of the operating organization. Any amount of principal or income earned on principal, provided the sum is authorized under subrule 10.7(1) and in accordance with the procedure for authorized withdrawals set forth under subrule 10.7(3).

Further amend subrule 10.7(2) by rescinding and reserving paragraphs "c" and "d."

Amend subrule 10.7(3) as follows:

10.7(3) Procedure for deposits by account holders and procedure for authorized withdrawals. All authorized withdrawals shall operate under the following procedure or another procedure agreed upon by the operating organization and financial institution to facilitate authorized withdrawals:

a. The account holder shall fill out and sign a deposit form, provided by the operating organization, indicating the amount and date of a deposit by the account holder into the IDA. The form shall be signed by the financial institution, with copies provided to the account holder and to the operating organization.

a b. The account holder shall fill out and sign a withdrawal form, provided by the operating organization, indicating the amount, date, and the purpose of the withdrawal. The form shall then be submitted to the operating organization or its designated agent for approval and signature. The operating organization shall retain a copy.

b. The withdrawal form shall be presented to the financial institution to implement the electronic transfer of the funds, or issuance of a check, payable to the account of the vendor as payment for an approved purpose for the withdrawal; or, if neither electronic transfer nor check issuance is not possible or is not cost-effective, then the financial institution shall issue a two-party payee check made out to the account holder and to the vendor on behalf of the approved purpose for the withdrawal. If the approved purpose is for capitalization of a small business, the check shall be payable to the account holder's business account at a financial institution and to the vendor requiring payment for providing the service or product relative to the account holder's business.

c. If the operating organization and the financial institution agree to procedures other than which vary from those indicated in the preceding paragraphs "a" and "b," those the agreed-upon procedures shall, at a minimum, meet the following criteria:

(1) All deposits of funds to and withdrawals of funds from IDA accounts shall be made with the knowledge of the operating organization.

(2) A clear and precise audit trail on the movement of funds shall be maintained.

(3) All withdrawals of principal funds shall require a signature of approval from the operating organization.

d. If withdrawals of funds are made by mistake, the financial institution shall notify the operating organization within five calendar days.

ITEM 8. Rescind rule 441--10.8(541A) and insert the following new rule in lieu thereof:

441--10.8(541A) Notice of nonapproved withdrawals and closure of the account.

10.8(1) Nonapproved withdrawals and attempted withdrawals for nonapproved purposes. The financial institution shall notify the operating organization of any withdrawals or attempted withdrawals which appear to be nonapproved. The financial institution shall refuse to release any funds which do not have the written authorization of approval from the operating organization. The operating organization shall review all withdrawals or attempted withdrawals and determine if any particular withdrawal or attempted withdrawal is authorized or not authorized as an approved purpose.

10.8(2) Closure of the individual development account. The operating organization may close an individual development account for any of the following reasons:

a. The account's operating organization determines that the account holder has withdrawn moneys from the account for a purpose not authorized by rule 441--10.7(541A) or that moneys have been withdrawn under false pretenses and have been used for purposes other than for the approved purposes indicated at the time of the withdrawal as stated in rule 441--10.7(541A).

b. The account's operating organization determines there has been no activity in the account during the preceding 12 months.

c. The account's operating organization determines that the account holder has not complied with terms of an IDA participation agreement between the account holder and the operating organization after being provided opportunities to comply with the agreement.

ITEM 9. Amend rule 441--10.9(541A) as follows:

441--10.9(541A) Transfers of assets of an account holder's individual development account.

10.9(1) Transfers by an adult account holder. An adult account holder may transfer all or part of the assets the adult account holder has deposited in the individual development account owned by that adult to any other account holder's individual development account.

10.9(2) No transfers of assets owned by an account holder who is not an adult. An account holder who is less than 18 years of age shall not transfer assets of the individual development account to any other account holder's individual development account. The account holder's guardian or parent shall not transfer assets of the individual development account to any other account holder's individual development account.

10.9(3) Limits on transfer of contributions. Moneys contributed by a charitable or individual contributor are not subject to transfer by an account holder except as authorized by the contributor.

10.9(4) Penalty excluded. Amounts transferred in accordance with this rule are not subject to penalty.

10.9(5) 10.9(3) Transfers when the owner of the account dies. In the event of an account holder's death, the account may be transferred to the ownership of a contingent beneficiary or to the individual development account of another account holder. An account holder shall name contingent beneficiaries or transferees at the time the account is established. A named beneficiary or transferee may be changed at the discretion of the account holder. If the named beneficiary or transferee is deceased or otherwise does not accept the transfer, the moneys shall be transferred to the reserve pool.

ARC 7910A

Pursuant to the authority of Iowa Code sections 502.607 and 505.8, the Iowa Insurance Division gives Notice of Intended Action to amend Chapter 1, "Organization of Division," Iowa Administrative Code.

The Division is relocating its offices from the Lucas State Office Building to a building located in the 300 block of East Maple in Des Moines, Iowa. The amendments insert the Division's new address. Also, the Division will be able to have a dedicated public access room at its new location, and the amendments establish procedures for that public access room and related public access issues. Information about the Division's operations is also being updated.

Interested persons may submit written comments on or before April 28, 1998, to Dennis Britson, Iowa Securities Bureau, 340 East Maple Street, Des Moines, Iowa 50319-0066.

These amendments are intended to implement Iowa Code sections 502.607 and 505.8.

The following amendments are proposed.

ITEM 1. Amend rule 191--1.1(502,505) as follows:

191--1.1(502,505) Organization. The insurance division is headed by the commissioner of insurance who is assisted by a first and second deputy commissioner and other assistants. The functions of the division are divided into six nine bureaus:

Administrative bureau exercises general supervision and control over the insurance and securities business in the state of Iowa and provides supervision and direction to the various bureaus of the insurance division, including administrative support. provides staff support to the commissioner and is responsible for legal services, budgetary and personnel services. General oversight of the division operations is provided through interaction with the public, the insurance industry, and other state and federal agencies.

Insurance examination Financial regulation/examinations bureau is responsible for the admission and continuous monitoring of all insurance companies operating in Iowa, including review of applications for admission, review of annual statements, examination of companies and control of securities on deposit with the division. of all insurance companies operating in Iowa; this includes examination and regulation of companies as well as review of filed financial statements. The staff is statutorily required to examine Iowa insurance companies every five years. Increased emphasis has been placed on the creation of an analysis unit and the change in focus for financial examinations in recent years in order to obtain and preserve this agency's NAIC accreditation. This bureau also serves as a general insurance information resource (e.g., insurance company status, addresses, phone numbers, certifications, financial statements, statutory construction, and guaranty fund calculations). Other services provided by this bureau include assumption reinsurance; approval of acquisitions and mergers; authorization and oversight of workers' compensation self-insurance; supervision, rehabilitation and liquidation of insurance companies; premium tax audit; supervision of statutory deposits; and compilation of statistics based on financial reports made to the commissioner.

Property and casualty bureau is responsible for the review, and approval of policy forms and rates relating to property and casualty lines of insurance, review and investigation of citizen complaints concerning insurance practices, and general legal support for the division. approval/disapproval of property and casualty forms, and, where provided by law, rates of certain types of insurance. This bureau monitors surplus lines placement and audits surplus lines companies' financial statements. This bureau is responsible for the registration of new purchasing groups and risk retention groups. This bureau also oversees the payment of premium taxes for surplus lines business including purchasing group and risk retention group business. Other services include registration of managing general agents, legal expense, and the licensing of advisory organizations.

Life and health form and rates bureau is responsible for the review, and approval of all life and accident and health forms, Blue Cross and Blue Shield forms and rates, health maintenance organization forms and rates, credit life and accident and health rates and forms, and technical advice on citizen complaints concerning life and accident and health insurance. approval/disapproval of life and health forms, and, where provided by law, rates of certain types of insurance. Actuarial analysis of public bodies that self-fund their life and health insurance plans is performed here.

Consumer and legal affairs bureau is responsible for ensuring fair treatment of consumers and preventing unfair or deceptive trade practices in the insurance marketplace. Consumer complaints and inquiries from the public are taken, agent/company investigations are conducted and, when necessary, offenders are prosecuted at administrative hearings.

Agent examination and Producers licensing bureau is responsible for the testing, licensing and supervision of all insurance agents in the state, citizen complaints concerning agent conduct, and investigation of alleged agent misconduct in advance of hearings concerning suspension or revocation of agent licenses. licensing of insurance producers and oversight of required continuing education. Each individual insurance producer must be licensed and maintain yearly continuing education eligibility.

Senior health insurance information program (SHIIP) bureau provides training to senior volunteers located in 65 counties. These volunteers then provide free, confidential health insurance counseling to Iowa seniors. Issues addressed include Medicare, Medicare supplement insurance, long-term care insurance, insurance claims, and all other health insurance policies. This program is primarily funded by a federal health care finance administration grant.

Fraud bureau confronts the problem of insurance fraud by prevention, investigation, and prosecution of fraudulent insurance acts in an effort to reduce the amount of premium dollars used to pay fraudulent insurance claims.

Securities bureau is responsible for the registration of securities issuers, dealers, and agents within the state; the regulation and examination of dealers and agents; and the enforcement of securities law and regulations in civil and criminal proceedings. administering and enforcing the Iowa uniform securities Act through enforcement, licensing, and securities registration to ensure investor protection and a positive climate for capital formation. This bureau includes the regulated industries unit which is responsible for administering and enforcing motor vehicle service contracts, funeral services and merchandise, sale of cemetery merchandise, perpetual care cemetery licensing, business opportunities, residential service contracts, and retirement facilities to ensure conformity and protection of the public.

ITEM 2. Amend rule 191--1.2(502,505) as follows:

191--1.2(502,505) Location. The securities bureau of the insurance division is located in the Lucas State Office Building at 340 East Maple in Des Moines, Polk County, Iowa. All other bureaus of the insurance division are located at 330 East Maple in Des Moines, Polk County, Iowa.

The insurance division hereby adopts the rules on fair information practices of the Governor's Task Force on Uniform Rules of Agency Procedure to appear as subrules 1.3(1) to 1.3(8) with amendments. The uniform rules are printed in the first volume of the Iowa Administrative Code.

ITEM 3. Amend rule 191--1.3(22) as follows:

Amend the parenthetical implementation as follows:

191--1.3(22,502,505) Public information and inspection of records.

Amend subrule 1.3(3) as follows:

1.3(3) Requests for access to records.

a. Location of record. A request for access to a record should be directed to the office of the bureau where the rec-ord is kept. If the location of the record is not known by the requester, the request shall be directed to Iowa Division of Insurance, Lucas State Office Building, the division's receptionist at (515)281-5705 or in writing to Iowa Insurance Division, 330 East Maple, Des Moines, Iowa 50319-0065. The division will forward the request to the appropriate person.

b. Office hours. Records shall be made available during all customary office hours, which are 7:30 a.m. to 4:30 p.m. from 8:00 a.m. to 4:00 p.m. daily, excluding Saturdays, Sundays and legal holidays.

c. Telephone access. The general telephone number for the insurance division is (515)281-5705. The telephone number of the division's automated phone system for producers licensing is (515)281-4037.

d. Internet access. The division's Internet home pageis: http://www.state.ia.us/government/com/ins/ins.htm. The page from which the division's bulletins are available is http: //www.state.ia.us/government/com/ins/bulletin/index.htm.

e. Request for access. Requests for access to open rec-ords may be made in writing, in person, or by telephone. Requests shall identify the particular records sought by name or description in order to facilitate the location of the record. Mail or telephone requests shall include the name, address, and telephone number of the person requesting the information. A person shall not be required to give a reason for requesting an open record.

f. Response to requests. The division provides a public access room with photocopiers and work surfaces. Space is limited and advance reservations are requested. A location will be made available as soon as feasible. Subject to availability of the public access room or an alternative location in the division's offices, access to an open record shall be provided promptly upon request unless the size or nature of the request makes prompt access infeasible. If the size or nature of the request for access to an open record requires time for compliance, the division shall comply with the request as soon as feasible. Access to an open record may be delayed for one of the purposes authorized by Iowa Code section 22.8(4) or 22.10(4). The custodian shall promptly give notice to the requester of the reason for any delay in access to an open record and an estimate of the length of that delay and, upon request, shall promptly provide that notice to the requester in writing. The division may deny access to therecord by members of the public only on the grounds that such denial is warranted under Iowa Code sections 22.8(4) and 22.10(4), or that it is a confidential record, or that its disclosure is prohibited by a court order.

g. Fees. Copies of an open record may be made in the division's public access room. Price schedules for published materials and for photocopies of records shall be determined by the division and prominently posted in the public access room. The payment of fees may be waived when the imposition of fees is inequitable or when a waiver is in the public interest. When the mailing of copies of records is requested, the actual costs of the mailing will be charged to the requester.

ARC 7911A

Pursuant to the authority of Iowa Code sections 523A.16 and 523E.16, the Iowa Insurance Division gives Notice of Intended Action to amend Chapter 19, "Prearranged Funeral Contracts," Iowa Administrative Code.

The amendments address an industry request for clarification on the appropriate way to treat capital gains earned in trust accounts. Also, the amendments update the consumer price index adjustments and add a six-month time frame to withdraw interest.

Interested persons may submit written comments on or before April 28, 1998, to Dennis Britson, Iowa Securities Bureau, 340 East Maple, Des Moines, Iowa 50319-0066.

These amendments are intended to implement Iowa Code sections 523A.1, 523A.16, 523E.1, and 523E.16.

The following amendments are proposed.

ITEM 1. Amend rule 191--19.2(523A,523E) by adding the following new definition in alphabetical order:

"Interest" or "income" means, for purposes of Iowa Code sections 523A.1 and 523E.1, unrealized net appreciation or loss in the fair value of the trust's assets for which a market value may be determined with reasonable certainty plus the return in money or property derived from the use of trust principal or income, net of investment losses, taxes and expenses incurred in the sale of trust assets, any cost of the operation of the trust and any annual audit fee, including returns received as:

1. Rent of real or personal property, including sums received for cancellations or renewal of a lease and any royalties;

2. Interest on money lent, including sums received as consideration for privilege of prepayment of principal;

3. Cash dividends paid on corporate stock;

4. Interest paid on deposit funds or debt obligations; and

5. Gain realized from the sale of trust assets.

ITEM 2. Amend rule 191--19.60(523A) as follows:

191--19.60(523A) Consumer price index adjustment. Pursuant to Iowa Code Supplement section 523A.1, the administrator sets the following amounts inflation adjustment factors for the purpose of calculating the amount of interest or income earned on amounts deposited in trust that must remain trust funds as an adjustment for inflation:

1997 1.7%

1996 3.3%

1995 2.5%

1994 2.7%

1993 2.7%

1992 2.9%

1991 3.1%

1990 6.1%

1989 4.6%

1988 4.4%

1987 4.4%

Within 180 days after each calendar year, the seller shall calculate the amount of the consumer price index adjustment by multiplying the inflation adjustment factor for the preceding calendar year by the trust's market value on January 1 of the preceding year (minus any contracts which have matured or been canceled during the preceding year).

Within 180 days after each calendar year, the seller may withdraw from the trust an amount equal to the aggregate interest and income credited to the trust during the preceding calendar year, less the greater of:

1. One-half of the aggregate interest and income credited to the trust during the preceding calendar year, or

2. An amount equal to the consumer price index adjustment for the preceding year.

Income distributions withdrawn from the trust shall be allocated to those purchasers' accounts remaining in the trust at the end of the month in which the distribution was made and on the basis that each such account's income balance for that month bears to the aggregate income balances of all such accounts. Within 240 days after each calendar year, any income not withdrawn pursuant to this rule shall be allocated to purchasers' accounts remaining in the trust at the end of the month in which the allocation was made.

ARC 7939A

Pursuant to the authority of Iowa Code sections 505.8, 509.3, 513B.14, 513C.8, and 514B.23, the Insurance Commissioner proposes to amend Chapter 35, "Accident and Health Insurance," Chapter 36, "Individual Accident and Health--Minimum Standards," Chapter 40, "Health Maintenance Organizations," Chapter 71, "Small Group Health Benefit Plans," and Chapter 75, "Iowa Individual Health Benefit Plans," Iowa Administrative Code.

The amendments require health insurance carriers and health maintenance organizations to include in contracts and evidence of coverage documents a disclosure of the existence of any drug formularies and the existence of any contractual arrangements which provide rebates or other incentives for drugs or medical devices. The proposed rule is being added to all chapters which govern various types of health benefit plans.

Any interested person may make written comments on these proposed rules on or before April 28, 1998. Written comments should be directed to Jo Oldson, Iowa Insurance Division, 330 E. Maple Street, Des Moines, Iowa 50319, or fax (515)281-3059.

These amendments are intended to implement Iowa Code sections 509.3, 513C.8, 514B.23, and 514D.3.

The following amendments are proposed.

ITEM 1. Amend 191--Chapter 35 by adding the following new rule:

191--35.30(509) Disclosure requirements. All carriers and ODSs shall include in contracts and evidence of coverage forms a disclosure of the existence of any drug formularies or rebates with pharmaceutical companies. All health maintenance organizations and health insurance carriers shall also disclose the existence of any contractual arrangements providing rebates, discounts, or other incentives received by them for drugs or medical devices as defined in Iowa Code section 422.45(13)(a).

ITEM 2. Amend subrule 36.7(1) by adding the following new paragraph "m":

m. Disclosure requirements. All insurers shall include in contracts and evidence of coverage forms a disclosure of the existence of any drug formularies or rebates with pharmaceutical companies. All insurers shall also disclose the existence of any contractual arrangements providing rebates, discounts, or other incentives received by them for drugs or medical devices as defined in Iowa Code section 422.45(13)(a).

ITEM 3. Amend 191--Chapter 40 by adding the following new rule:

191--40.23(514B) Disclosure requirements. All HMOs shall include in contracts and evidence of coverage forms a disclosure of the existence of any drug formularies or rebates with pharmaceutical companies. All insurers shall also disclose the existence of any contractual arrangements providing rebates, discounts, or other incentives received by them for drugs or medical devices as defined in Iowa Code section 422.45(13)(a).

ITEM 4. Amend 191--Chapter 71 by adding the following new rule:

191--71.19(513B) Disclosure requirements. All carriers, HMOs and ODSs shall include in contracts and evidence of coverage forms a disclosure of the existence of any drug formularies or rebates with pharmaceutical companies. All carriers, HMOs and ODSs shall also disclose the existence of any contractual arrangements providing rebates, discounts, or other incentives received by them for drugs or medical devices as defined in Iowa Code section 422.45(13)(a).

ITEM 5. Amend 191--Chapter 75 by adding the following new rule:

191--75.12(513C) Disclosure requirements. All carriers and ODSs shall include in contracts and evidence of coverage forms a disclosure of the existence of any drug formularies or rebates with pharmaceutical companies. All carriers and ODSs shall also disclose the existence of any contractual arrangements providing rebates, discounts, or other incentives received by them for drugs or medical devices as defined in Iowa Code section 422.45(13)(a).

ARC 7912A

Pursuant to the authority of Iowa Code section 523C.10, the Iowa Insurance Division gives Notice of Intended Action to amend Chapter 54, "Residential Service Contracts," Iowa Administrative Code.

In response to industry request, the Division proposes to amend rule 191--54.20(523C) to allow the Division to license service contract companies to be formed as limited partnerships or limited liability corporations. Iowa Code section 523C.2 provides that a licensed service company must be a corporation or other form of organization approved by the commissioner by rule.

Interested persons may submit written comments on or before April 28, 1998, to Dennis Britson, Iowa Securities Bureau, 340 E. Maple Street, Des Moines, Iowa 50319-0066.

This rule is intended to implement Iowa Code section 523C.2.

The following amendment is proposed.

Amend rule 191--54.20(523C) as follows:

191--54.20(523C) Service company licenses. A person shall not issue a residential service contract or undertake or arrange to perform services pursuant to a residential service contract unless the person is a corporation, limited liability company, partnership or limited liability partnership and has procured a service company license from the Iowa securities bureau.

ARC 7926A

Pursuant to the authority of Iowa Code sections 88.5 and 17A.3(1), the Labor Commissioner hereby gives Notice of Intended Action to amend Chapter 26, "Construction Safety and Health Rules," Iowa Administrative Code.

The amendment relates to safety standards for scaffolds used in the construction industry (aerial lifts); effective date and Office of Management and Budget Control Numbers under Paperwork Reduction Act.

If requested by April 28, 1998, a public hearing will be held on April 30, 1998, at 9 a.m. in the office of the Division of Labor Services, 1000 East Grand Avenue, Des Moines, Iowa. Any interested person will be given the opportunity to make oral or written submissions concerning the proposed amendment. Written data or arguments to be considered in adoption may be submitted by interested persons no later than April 30, 1998, to the Deputy Labor Commissioner, Division of Labor Services, 1000 East Grand Avenue, Des Moines, Iowa 50319-0209.

The Division has determined that this Notice of Intended Action may have an impact on small business. This amendment will not necessitate additional annual expenditures exceeding $100,000 by any one political subdivision or agency or any contractor providing services to political subdivisions or agencies.

The Division will issue a regulatory flexibility analysis as provided by Iowa Code section 17A.31 if a written request is filed by delivery or by mailing postmarked no later than April 29, 1998, to the Deputy Labor Commissioner, Division of Labor Services, 1000 East Grand Avenue, Des Moines, Iowa 50319. The request may be made by the Administrative Rules Review Committee, the Governor, a political subdivision, at least 25 persons who qualify as a small business under the Act, or an organization of small businesses representing at least 25 persons which is registered with the Division of Labor Services under the Act.

This amendment is intended to implement Iowa Code section 88.5.

The following amendment is proposed.

Amend rule 347--26.1(88) by inserting at the end thereof:

63 Fed. Reg. 3814 (January 27, 1998)

ARC 7952A

Pursuant to the authority of Iowa Code section 147.76, the Iowa Board of Medical Examiners hereby gives Notice of Intended Action to amend Chapter 11, "Licensure Requirements," Iowa Administrative Code.

Chapter 11 is being amended by adding a new subrule establishing criteria and procedures for requesting a waiver of an existing rule pertaining to applications for permanent, temporary, resident physician, or special licensure.

Any interested party may submit written comments on the proposed amendment on or before April 28, 1998. Such written materials should be directed to Ann M. Martino, Executive Director, Iowa Board of Medical Examiners, 1209 East Court Avenue, Des Moines, Iowa 50309-0180, telephone (515)281-5171.

This amendment is intended to implement Iowa Code chapters 147, 148, 150, 150A, and 272C.

The following amendment is proposed.

Amend rule 653--11.9(147,148,150,150A) by adding the following new subrule:

11.9(3) Waivers. The board may grant a waiver of a board rule pertaining to applications for permanent licensure, temporary licensure, resident physician licensure, or special licensure.

a. Compliance with statute. No waiver may be granted from a requirement which is imposed by statute. Any waiver must be consistent with statute.

b. Criteria. A waiver under this subrule may be granted only upon a showing of all the following:

(1) Because of special circumstances, application of the rule would impose an undue burden or hardship on the requester;

(2) Granting the waiver would not adversely affect the public interest; and

(3) Granting the waiver would provide substantially equal protection of public health and safety as would compliance with the rule.

c. Requirements. A request for a waiver shall be made at any time during the 120-day-application cycle and shall include the following information:

(1) The name, address, and telephone number of the person requesting the waiver;

(2) The specific rule from which a waiver is requested;

(3) The nature of the waiver requested;

(4) An explanation of all facts relevant to the request for a waiver, including all material facts necessary for the board to evaluate the criteria for granting a waiver as defined in paragraph 11.9(3)"b"; and

(5) A description of any prior communication between the board and the requester relating to the proposed waiver.

d. Ruling. The board shall respond in writing to all requests. The ruling shall include the reason for granting or denying the request. The ruling of the board shall constitute final agency action for the purposes of Iowa Code chapter 17A.

e. Conditions. The board may impose reasonable conditions when granting a waiver in order to achieve the objectives of the particular rule being waived.

f. Violations. If the board finds the facts as stated in the request for a waiver are not true, that material facts have been withheld, or that the requester has failed to comply withconditions set forth in the waiver, the board may initiate disciplinary action in accordance with rule 653--12.50(147, 148,17A,272C).

g. Appeals. Any request for an appeal from a decision granting, denying, or canceling a waiver shall be in accordance with the procedures provided in Iowa Code chapter 17A. An appeal shall be made within 30 days of the issuance of the ruling in response to the request for waiver.

h. Public availability. All final rulings in response to requests for waivers shall be indexed and available to members of the public at the board office.

ARC 7934A

Pursuant to the authority of Iowa Code subsection 455A.5(6), the Natural Resource Commission hereby gives Notice of Intended Action to amend Chapter 15, "General License Regulations," Iowa Administrative Code.

This amendment will allow for the use of crossbows for deer and turkey hunting by persons whose physical impairment is of a temporary nature.

Any interested person may make written suggestions or comments on the proposed amendment on or before April 28, 1998. Such written materials should be directed to the Law Enforcement Bureau, Department of Natural Resources, Wallace State Office Building, Des Moines, Iowa 50319-0034; fax (515)281-6794. Persons who wish to convey their views orally should contact the Law Enforcement Bureau at (515)281-4515 or at the Law Enforcement Bureau offices on the fourth floor of the Wallace State Office Building.

There will be a public hearing on April 28, 1998, at12 noon in the Fifth Floor West Conference Room of the Wallace State Office Building at which time persons 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 rule.

This amendment is intended to implement Iowa Code section 481A.38.

The following amendment is proposed.

Amend subrule 15.5(1), definition of "Handicapped," as follows:

"Handicapped" means a person possessing a permanent physical impairment of the upper extremities that makes a person physically incapable of shooting a bow and arrow. This includes difficulty in lifting and reaching with arms as well as difficulty in handling and fingering.

ARC 7933A

Pursuant to the authority of Iowa Code subsection 455A.5(6), the Natural Resource Commission hereby gives Notice of Intended Action to amend Chapter 38, "Boat Registration and Numbering," Iowa Administrative Code.

These amendments create a more efficient way for county recorders to administratively register and issue a certificate of number to used vessels which have never before been registered in Iowa.

Any interested person may make written suggestions or comments on the proposed amendments on or before April 28, 1998. Such written materials should be directed to the Law Enforcement Bureau, Department of Natural Resources, Wallace State Office Building, Des Moines, Iowa 50319-0034; fax (515)281-6794. Persons who wish to convey their views orally should contact the Law Enforcement Bureau at (515)281-4515 or at the Law Enforcement Bureau offices on the fourth floor of the Wallace State Office Building.

There will be a public hearing on April 28, 1998, at 11 a.m. in the Fifth Floor West Conference Room of the Wallace State Office Building at which time persons 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 rule.

These amendments are intended to implement Iowa Code section 462A.3.

The following amendments are proposed.

ITEM 1. Amend 571--Chapter 38 by striking references to Iowa Code chapter 106 and inserting 462A to reflect renumbering of the 1993 Iowa Code.

ITEM 2. Amend rule 571--38.6(462A) by adding the following new paragraph "11":

11. If a person is making application for a boat registration number for a used vessel that has never before been registered in Iowa and the person does not have any satisfactory proof of ownership, the county recorder may issue a certificate of number for the used vessel if the applicant has provided the recorder with a signed and notarized affidavit stating that the person making the application is the lawful owner of the vessel.

ARC 7932A

Pursuant to the authority of Iowa Code subsection 456A.24(11), the Natural Resource Commission hereby gives Notice of Intended Action to amend Chapter 78, "Ginseng Harvesting and Sale," Iowa Administrative Code.

Proposed amendments to this chapter will accomplish the following:

1. Change the free grower permit from an annual to a five-year permit;

2. Establish a license application period for harvesters' permits;

3. Clarify the license period for harvesters' and dealers' permits;

4. Place a limit on the amount of dry wild ginseng that a harvester may retain after the harvester's permit has expired; and

5. Require harvesters of wild ginseng to harvest only plants that have three or more true leaves ("prongs"). This amendment will bring Iowa's rule into compliance with federal requirements on the export of wild ginseng from the state of Iowa.

Any interested person may make written suggestions or comments on the proposed amendments on or before April 28, 1998. Such written materials should be directed to the Division of Parks, Recreation, and Preserves, Department of Natural Resources, Wallace State Office Building, Des Moines, Iowa 50319-0034; fax (515)281-6794. Persons who wish to convey their views orally should contact the Division of Parks, Recreation, and Preserves at (515)281-8524 or at the Division offices on the fourth floor of the Wallace State Office Building.

There will be a public hearing on April 28, 1998, at 1 p.m. in the Fifth Floor East Conference Room of the Wallace State Office Building at which time persons 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 amendments.

Any persons who intend to attend a public hearing and have special requirements such as hearing or mobility impairments should contact the Department of Natural Resources and advise of specific needs.

These amendments are intended to implement Iowa Code subsection 456A.24(11).

The following amendments are proposed.

ITEM 1. Amend subrule 78.3(1) as follows:

78.3(1) Free grower permit. Growers of cultivated ginseng are required to obtain an annual permit a permit, for which there is no charge, from the department. The permit will expire on March 31 of each year. This permit shall be valid for five years from the date of issuance. Applications for permit renewal must be filed with the department within 60 days of expiration.

ITEM 2. Amend subrule 78.3(2), paragraphs "b," "c," "d," and "f," as follows:

b. Wild ginseng harvesters' permits shall be issued upon filing of an application accompanied by a $10 permit fee with the department of natural resources. The application period shall be from May 15 through October 31 of each year.

c. The wild ginseng harvester's permit shall be valid from September 1 through October 31 March 15 of the following year, both dates inclusive.

d. Harvesters with valid Iowa ginseng harvesters' permits may sell wild ginseng from September 1 of the year harvested through March 15 of the following year following harvest.

f. Ginseng roots retained for personal use beyond March 31 of the year following harvest must be declared and the department notified in writing by April 15 of the year following harvest. Harvesters with valid Iowa ginseng harvesters' permits may retain no more than 4 ounces of dry wild ginseng for personal consumption for one year beyond the expiration date of the permit.

ITEM 3. Amend subrule 78.3(3), paragraph "c," as follows:

c. The ginseng dealer's permit shall expire March 31 of the year following harvest be valid from September 1 until August 31 of the following year.

ITEM 4. Amend subrule 78.4(3) as follows:

78.4(3) Each permitted dealer shall submit an annual report to the department on forms provided by the department for all purchases and sales of cultivated and wild ginseng. These reports shall be submitted to the department by April 15 following the end of the expiration of the dealer's permit. These reports shall cover all sales and purchases from September 1 of the year of the harvest through March 31 of the following year following harvest.

ITEM 5. Amend rule 571--78.7(456A) as follows:

571--78.7(456A) Restrictions. Wild ginseng plants shall be harvested only if they possess three or more true leaves ("prongs"). The entire stalk, minus the seeds, shall be left attached to the plant until they are taken to the harvester's home or place of business. When harvesting wild ginseng, harvesters shall plant all seeds from harvested plants within 100 feet of the parent plants. Seed from wild ginseng may not be sold or transported away from the site of the parent plant.

ARC 7916A

Pursuant to the authority of Iowa Code sections 17A.3, 147.76 and 272C.3, the Iowa Board of Nursing hereby gives Notice of Intended Action to amend Chapter 2, "Nursing Education Programs," Iowa Administrative Code.

These amendments replace the term "postbasic program" with "formal advanced practice education program in nursing" in four instances and define master's degree programs for registered nurses and make provision for graduates to meet faculty qualifications. The nomenclature change better reflects existing definitions in 655--Chapters 2 and 7. A new type of board-approved program, incorporating baccalaureate and master's level competencies, will allow RN graduates of associate degree and diploma programs to earn Master of Science in Nursing degrees.

Any interested person may make written comments or suggestions on the amendments on or before April 28, 1998. Such written materials should be directed to the Executive Director, Iowa Board of Nursing, State Capitol Complex, 1223 East Court Avenue, Des Moines, Iowa 50319. Persons who want to convey their views orally should contact the Executive Director at (515)281-3256, or in the Board office at 1223 East Court Avenue, by appointment.

These amendments are intended to implement Iowa Code section 152.5.

The following amendments are proposed.

ITEM 1. Amend rule 655--2.1(152) by adding the following new definition in alphabetical order:

Master's degree for registered nurses. A course of study designed for registered nurses which leads to a master's degree with a major in nursing.

ITEM 2. Amend rule 655--2.1(152), definition of "Postbasic," as follows:

Postbasic Formal advanced practice education program in nursing. A course of study in nursing which provides advanced knowledge and experiences which facilitate development of competencies in a specialized clinical area. This leads to eligibility for certification in the specialty and registration as an advanced registered nurse practitioner.

ITEM 3. Amend subrule 2.3(1), paragraph "g," subparagraph (5), as follows:

(5) Postbasic programs Formal advanced practice education programs: Iowa Department of Public Health, Joint Commission on Accreditation of Healthcare Organizations, American Osteopathic Association, or North Central Association of Colleges and Schools.

ITEM 4. Amend subrule 2.3(2), paragraph "f," subparagraph (2), as follows:

(2) Postbasic program Programs offering formal advanced practice education in nursing.

1. Education equal to this program offering.

2. Two years of clinical experience in the specialty area.

ITEM 5. Adopt the following new subrule 2.5(5) and renumber subrules 2.5(5) and 2.5(6) as 2.5(6) and 2.5(7):

2.5(5) Curricula for programs granting a master's degree to registered nurses shall include didactic content and practice in nursing which will enable the student to achieve competencies comparable to outcomes of baccalaureate education and master's education.

ITEM 6. Amend renumbered subrule 2.5(6), introductory paragraph, as follows:

2.5(6) Curricula of postbasic programs formal advanced practice education programs in nursing shall:

ITEM 7. Amend subrule 2.6(2), paragraph "c," subparagraph (2), as follows:

(2) A faculty member who is hired to teach after July 1, 1992, in a practical nursing program or the first level of an associate degree nursing program with a ladder concept shall have a baccalaureate or higher degree in nursing or an applicable field at the time of hire. The date of hire is the first day employed with compensation at a particular nursing education program.

ARC 7948A

Pursuant to the authority of Iowa Code section 135.11(13) and 1997 Iowa Acts, House File 710, section 6, the Department of Public Health hereby gives Notice of Intended Action to amend Chapter 194, "Scope of Practice Review Committees," Iowa Administrative Code.

These amendments limit the director's authority to direct the initiation of a scope of practice review, establish ex officio nonvoting members on review committees, and direct committees to encourage the involvement of outside interested parties in the review process.

Consideration will be given to all written suggestions or comments on the proposed amendments on or before April 28, 1998. Such written materials should be sent to the Bureau of Public Affairs, Department of Public Health, Lucas State Office Building, Des Moines, Iowa 50319; fax (515) 281-4958.

Also, there will be a public hearing on April 28, 1998, at 1 p.m. (local Iowa time) at the Iowa Department of Public Health, Lucas State Office Building, 321 East Locust, Des Moines, Iowa, in the Fourth Floor Conference Room, Side 1. Any persons who intend to attend the public hearing and have special requirements, such as hearing or mobility impairments, should contact the Department of Public Health and advise of special needs.

These amendments are intended to implement 1997 Iowa Acts, House File 710, section 6.

The following amendments are proposed.

ITEM 1. Amend rule 641--194.5(77GA,HF710) as follows:

641--194.5(77GA,HF710) Directed review. At any time, the director may initiate a review, or a board or any Any standing or interim committee of the Iowa general assembly may request a review, to evaluate proposed legislation or administrative rules establishing a regulated health profession, modifying the scope of practice of an existing profession, or resolving disputes between health profession boards. The director, after conferring with members of the general assembly and the administrative rules review committee, may initiate a review to consider ongoing and unresolved disputes between health profession boards. Before initiating such a directed review, the director shall determine that no appropriate existing letter of intent or application exists. In addition to its normal duties and responsibilities, the review committee in a directed legislature- or director-initiated review shall also conduct an initial investigation to receive public input and comments in order to refine the issues that are the subject of the directed review, taking into account the information requested in rule 194.4(77GA,HF710).

ITEM 2. Amend rule 641--194.6 (77GA,HF710), introductory paragraph, as follows:

641--194.6(77GA,HF710) Review committee; creation, membership. The director, in consultation with the state board of health, shall appoint the members of each review committee established. The director may consider nominations and recommendation from the applicant, affected health profession organizations, and other interested parties. A separate review committee will be established to evaluate every application accepted for review and each request for a directed review and shall, upon the completion of its duties, dissolve. Each review committee shall be comprised of five members, with one member representing the profession requesting the review, one member of a health profession most directly impacted by or opposed to the proposed change, one impartial health professional who is not directly or indirectly affected by the proposed change, and two impartial members of the general public. The director shall make all reasonable efforts to ensure that the total composition of the committee is fair, impartial and equitable. The director may also designate ex officio nonvoting members to the review committee if warranted. Situations which may warrant the designation of ex officio members include a scope of practice issue which directly affects any health profession not already represented in the committee composition.

ITEM 3. Amend subrule 194.7(2) as follows:

194.7(2) Provide a public forum and conduct public fact-finding hearings regarding the application and proposal in accordance with Iowa Code chapter 22. Receive verbal and written testimony. The committee shall establish procedures that encourage the involvement and participation of interested parties in the scope of practice review process. The applicant shall have the burden of bringing forth sufficient evidence by which the committee can base its findings and recommendations.

ARC 7946A

Pursuant to the authority of Iowa Code sections 421.14 and 422.68, the Iowa Department of Revenue and Finance hereby gives Notice of Intended Action to amend Chapter 26, "Sales and Use Tax on Services," Iowa Administrative Code.

Some confusion exists concerning when pest eradication services performed on property associated with or used in agricultural production is exempt from tax. To remedy this confusion, the applicable rule is amended to state that pest eradication performed in farmhouses, in outbuildings, and in other structures used in agricultural production is a taxable service.

The proposed amendment will not necessitate additional expenditures by political subdivisions or agencies and entities which contract with political subdivisions.

The Department has determined that this proposed amendment may have an impact on small business. The Department has considered the factors listed in Iowa Code section 17A.31(4). The Department will issue a regulatory flexibility analysis as provided in Iowa Code sections 17A.31 to 17A.33 if a written request is filed by delivery or by mailing postmarked no later than April 28, 1998, to the Policy Section, Compliance Division, Iowa Department of Revenue and Finance, Hoover State Office Building, P.O. Box 10457, Des Moines, Iowa 50306. The request may be made by the Administrative Rules Review Committee, the Governor, a political subdivision, at least 25 persons who qualify as a small business under Iowa Code sections 17A.31 to 17A.33, or an organization of small businesses representing at least 25 persons which is registered with this agency under Iowa Code sections 17A.31 to 17A.33.

Any interested person may make written suggestions or comments on this proposed amendment on or before May 15, 1998. Such written comments should be directed to the Policy Section, Compliance Division, Iowa Department of Revenue and Finance, Hoover State Office Building, P.O. Box 10457, Des Moines, Iowa 50306.

Persons who want to orally convey their views should contact the Policy Section, Compliance Division, Iowa Department of Revenue and Finance, at (515)281-4250 or at the Department of Revenue and Finance offices on the fourth floor of the Hoover State Office Building.

Requests for a public hearing must be received by May 1, 1998.

The amendment is intended to implement Iowa Code section 422.43(11).

The following amendment is proposed.

Amend rule 701--26.45(422) as follows:

701--26.45(422) Termite, bug, roach, and pest eradicators. Persons engaged in the business of eradicating or preventing the infestation by termites, bugs, roaches, and all other living pests are rendering, furnishing, or performing a service, the gross receipts from which are subject to tax. Persons who eradicate, prevent, or control the infestation of any type of pest by means of spraying or other means are rendering, furnishing, or performing a service, the gross receipts from which are subject to tax. Included in the performance of this taxable service are persons who eradicate, prevent, or control pest infestations in farmhouses, in outbuildings (such as machine and livestock buildings) and in other structures (such as grain bins) used in agricultural production. However, persons who spray cropland used in agricultural production to eradicate or prevent infestation of the cropland by pests are performing a service which is not taxable. See 701--subrule 17.9(3) for a definition of "agricultural production."

ARC 7945A

Pursuant to the authority of Iowa Code sections 421.14 and 422.68(1), the Iowa Department of Revenue and Finance hereby gives Notice of Intended Action to amend Chapter 39, "Filing Return and Payment of Tax," Chapter 40, "Determination of Net Income," Chapter 41, "Determination of Taxable Income," and Chapter 46, "Withholding," Iowa Administrative Code.

The amendments specify that net income for purposes of the minimum income filing requirement is the net income computed on the basis of current rules 701--40.1(422) to 701--40.52(422) as well as any subsequent rules that are promulgated in Chapter 40. This will ensure that all the rules that are pertinent to the computation of net income will be considered for purposes of the minimum income filing requirement.

The amendments correct a previous erroneous reference to another subrule in subrule 39.1(6). In addition, the amendments strike subrule 40.5(1) because this subrule is obsolete as the military income exemption in the rule was last effective in 1976. The amendments emphasize that a net operating loss carryforward for a nonresident taxpayer is deducted only from the individual's Iowa source income for the tax year to which the net operating loss is carried. The tax year in this amendment is revised to a more current tax year. The amendments delete obsolete information in rule 41.4(422) for the optional standard deduction. In this same rule, the amendments correct an erroneous reference to the rule for the cumulative standard deduction factor and clarify that a taxpayer's standard deduction may not exceed the income before this deduction. The amendments also correct an erroneous reference to another rule in the rule for the medical expense deduction limitation.

The amendments add paragraph "c" to subrule 43.4(2) for the political checkoff to the Iowa election campaign fund to denote how the checkoff is to apply for Iowa individual income tax returns for tax years beginning on or after January 1, 1986. This paragraph specifies how the political checkoff contributions for a tax year are to be allocated among political parties when there are two political parties shown on the Iowa income tax return for the tax year as well as how the contributions are to be allocated when there are more than two political parties shown on the return. This amendment reflects input from the Ethics and Campaign Disclosure Board.

The amendments revise the rule for quarterly withholding tax returns to delete an erroneous statement about not filing returns when no compensation is paid. The amendments revise the rule for monthly withholding tax returns to specify that a return is to be filed even if no withholding tax payment is due.

The proposed amendments will not necessitate additional expenditures by political subdivisions or agencies and entities which contract with political subdivisions.

The Department has determined that these proposed amendments may have an impact on small business. The Department has considered the factors listed in Iowa Code section 17A.31(4). The Department will issue a regulatory flexibility analysis as provided in Iowa Code sections 17A.31 to 17A.33 if a written request is filed by delivery or by mailing postmarked no later than April 28, 1998, to the Policy Section, Compliance Division, Iowa Department of Revenue and Finance, Hoover State Office Building, P.O. Box 10457, Des Moines, Iowa 50306. The request may be made by the Administrative Rules Review Committee, the Governor, a political subdivision, at least 25 persons who qualify as a small business under Iowa Code sections 17A.31 to 17A.33, or an organization of small businesses representing at least 25 persons which is registered with this agency under Iowa Code sections 17A.31 to 17A.33.

Any interested person may make written suggestions or comments on these proposed amendments on or before May 15, 1998. Such written comments should be directed to the Policy Section, Compliance Division, Iowa Department of Revenue and Finance, Hoover State Office Building, P.O. Box 10457, Des Moines, Iowa 50306.

Persons who want to orally convey their views should contact the Policy Section, Compliance Division, Iowa Department of Revenue and Finance, at (515)281-4250 or at the Department of Revenue and Finance offices on the fourth floor of the Hoover State Office Building.

Requests for a public hearing must be received by May 1, 1998.

These amendments are intended to implement Iowa Code sections 56.18, 422.4, 422.5, 422.7, 422.9, 422.13 and 422.16.

The following amendments are proposed.

ITEM 1. Amend subrule 39.1(5) as follows:

39.1(5) Minimum income requirement. See rules 701--40.1(422) to 40.44(422,541A) 40.52(422) and any subsequent rules in Chapter 40 for the computation of net income to determine if a taxpayer meets the minimum filing requirements described in subrules 39.1(1), 39.1(2), and 39.1(3).

ITEM 2. Amend subrule 39.1(6) as follows:

39.1(6) Final return. If a taxpayer has died during the year, see 701--48.8(422) subrule 39.4(2)"d."

ITEM 3. Rescind and reserve subrule 40.5(1).

ITEM 4. Amend subrule 40.18(8), paragraph "b," Example "1," as follows:

EXAMPLE 1. A nonresident taxpayer had a net operating loss deduction of $11,800 for the 1982 1996 tax year. When the 1982 1996 Iowa return was filed, the taxpayer elected to carry the loss forward to the 1983 1997 tax year. The taxpayer's all source net income and Iowa source net income for 1983 1997 were as shown below. after considering the The net operating loss carryforward from 1982 1996 is deducted only from the Iowa source income for 1997:

Category	All Source Income		Iowa Source Income
Wages		$60,000		$20,000
Interest		3,000		0
Rental income		10,000		3,000
Farm income		25,000		25,000
Capital gain		2,000		2,000
Net operating loss carryforward		--		(11,800)
Iowa net income		$100,000		$38,200

The Iowa source income of $38,200 after reduction by the NOL carryforward is divided by the all source income of $100,000 which results in an Iowa income percentage of 38.2. This percentage is subtracted from 100 percent to arrive at the nonresident/part-year resident credit percentage of 61.8. When the tax after credit amount of $7,364 is multiplied by the nonresident/part-year credit percentage of 61.8, this results in a credit of $4,551. This credit is $869 greater than the nonresident/part-year credit of $3,682 would have been for 1983 1997 without application of the net operating loss deduction which was carried forward from 1982 1996.

ITEM 5. Amend rule 701--41.4(422) as follows:

701--41.4(422) Optional standard deduction. An optional standard deduction is provided in on the Iowa individual income tax law return for both residents and nonresidents. Before determining the amount of the deduction, federal income tax payments, as adjusted in accordance with rule 41.3(422) must be subtracted from net income. In the case of returns for tax years beginning on or after January 1, 1979, but before January 1, 1987, where spouses file a joint return or individuals file as head of households or surviving spouses, the optional standard deduction is limited to 15 percent of net income after deduction of federal income tax, not to exceed $3,000. In the case of returns for tax years beginning on or after January 1, 1987, where spouses file a joint return or individuals file as head of households or surviving spouses, the optional standard deduction is limited to the lesser of $3,030 or the income remaining after the federal tax deduction.

For tax years beginning on or after January 1, 1979, but before January 1, 1987, individuals who file as single or married spouses who file separate returns, each may take the optional standard deduction of 15 percent of net income after deduction of federal income tax, not to exceed $1,200. For tax years beginning on or after January 1, 1987, individuals who file using the single filing status described in 701--subrule 39.4(1) or married taxpayers who file separate returns or separately on the combined return form, the optional standard deduction is limited to the lesser of $1,230 or the taxpayer's income remaining after the federal tax deduction. In the case of married taxpayers filing separate returns or separately on the combined return, if one spouse takes the optional standard deduction, the other spouse must also take the optional standard deduction. The standard deduction claimed by the taxpayer may not exceed the taxpayer's income before the standard deduction.

A taxpayer has the option of itemizing deductions or of using the optional standard deduction on the Iowa return, regardless of the deduction method used on the federal return.

For tax years beginning on or after January 1, 1990, the optional standard deduction amounts are indexed or increased for inflation by the cumulative standard deduction factor. The cumulative standard deduction factor is described in rule 701--38.11(422) 701--38.12(422).

ITEM 6. Amend subrule 41.5(8) as follows:

41.5(8) Medical expense deduction limitation. For tax years beginning on or after January 1, 1996, to the extent that a taxpayer has a medical care expense deduction on the federal return under Section 213 of the Internal Revenue Code, the taxpayer must compute the medical care expense deduction on the Iowa return by excluding those health insurance premiums deducted in computing net income in accordance with Iowa Code subsection 422.7(32) and rule 701-- 40.47(422) 40.48(422).

ITEM 7. Amend subrule 43.4(2) by adding the following new paragraph "c":

c. For tax years beginning on or after January 1, 1986, a person with a tax liability of $1.50 or more on the Iowa individual income tax return may direct or designate that a $1.50 contribution be made to a specific political party or that the contribution be made to the Iowa election campaign fund to be shared by all political parties as clarified further in this paragraph. In the case of married taxpayers filing a joint Iowa individual return with a tax liability of $3.00 or more, each spouse may direct or designate that a $1.50 contribution be made to a specific political party or that a $1.50 contribution be made to the Iowa election campaign fund as a contribution to be shared by all political parties. The designation or direction of a contribution to a political party or to the election campaign fund is irrevocable and cannot be changed on an amended return. The designation to a political party or the election campaign fund is allowed only after obligations of the taxpayer to the Iowa department of revenue and finance, the child support recovery unit, foster care recovery unit, public assistance overpayment, the college student aid commission, the district courts and other state agencies are satisfied and after designations of contributions to the Iowa fish and game protection fund are satisfied. Note that for purposes of this rule, political party means a party as defined in Iowa Code section 43.2.

In a tax year when there are two political parties for purposes of the Iowa election campaign fund, all undesignated contributions to the fund made on individual income tax returns for that tax year are to be divided equally between the two parties. In a tax year where there are more than two political parties for purposes of the Iowa election campaign fund, all undesignated contributions to the fund made on income tax returns for that tax year are to be divided among the political parties on the basis of the number of registered voters for a particular political party on December 31 of that tax year to the total number of registered voters on December 31 of that tax year that have declared an affiliation with any of the recognized political parties.

Thus, if there were 400,000 registered voters for "x" political party, 500,000 registered voters for "y" political party, and 100,000 registered voters for "z" political party on December 31 of a tax year where there were three recognized political parties, 40 percent of the undesignated political contributions on 1997 returns would be paid to "x" political party since 40 percent of the registered voters with an affiliation to a political party on December 31 had an affiliation with party "x" on that day.

ITEM 8. Amend subrule 46.3(3), paragraph "a," and subparagraphs (1) and (2), as follows:

a. Returns of income tax withheld from ages wages.

(1) Quarterly returns. Except as otherwise provided in 46.3(3)"a"(3) or 46.3(3)"b," every withholding agent required to deduct and withhold tax on compensation paid for personal services in Iowa shall make a return for the first calendar quarter in which such tax is deducted and withheld and for each subsequent calendar quarter, whether or not compensation is paid therein, until a final return is filed. However, if a withholding agent has not paid compensation from which tax is to be deducted and withheld for five (5) consecutive quarters, the agent is not required to file a return for the fifth quarter nor for any subsequent successive quarters where no compensation is paid. The withholding agent's "Quarterly Withholding Return" is the form prescribed for making the return required under this paragraph. Monthly tax payments may also be required or semimonthly tax payments may be required instead of quarterly or monthly reports. See subparagraphs (2) and (3) of 46.3(3)"a." In some circumstances, only an annual return and payment of withheld taxes will be required; see 46.3(3)"c."

Payments shall be based upon the tax required to be withheld and must be remitted in full. Payment should not be deferred and should accompany the quarterly return.

A withholding agent is not required to list the name(s) of the agent's employee(s) when filing quarterly returns, nor is the withholding agent required to show on the employee's paycheck or voucher the amount of Iowa income tax withheld.

If a withholding agent's payroll is not constant, and the agent finds that no wages or other compensation was paid during the current quarter, the agent shall enter the word "none" on the return, sign, and submit the return as usual.

(2) Monthly reports. Every withholding agent required to file a quarterly withholding return shall also file a monthly tax payment form if the amount of tax deducted and withheld during any calendar month exceeds $50. A withholding agent need not needs to file a monthly form even if no monthly payment is due. No monthly form is required for the third month in any calendar quarter. The information otherwise required to be reported on the monthly form for the third month in a calendar quarter shall be reported on the quarterly return filed for that quarter and no monthly form need be filed for such month. The "Monthly Withholding Return" is provided for use with the payments required under this paragraph.

In accordance with the provisions of Iowa Code section 535.2, subsection 3, paragraph "a," the Superintendent of Banking has determined that the maximum lawful rate of interest shall be:

March 1, 1997 -- March 31, 1997 8.50%

April 1, 1997 -- April 30, 1997 8.50%

May 1, 1997 -- May 31, 1997 8.75%

June 1, 1997 -- June 30, 1997 9.00%

July 1, 1997 -- July 31, 1997 8.75%

August 1, 1997 -- August 31, 1997 8.50%

September 1, 1997 -- September 30, 1997 8.25%

October 1, 1997 -- October 31, 1997 8.25%

November 1, 1997 -- November 30, 1997 8.25%

December 1, 1997 -- December 31, 1997 8.00%

January 1, 1998 -- January 31, 1998 8.00%

February 1, 1998 -- February 28, 1998 7.75%

March 1, 1998 -- March 31, 1998 7.50%

April 1, 1998 -- April 30, 1998 7.50%

ARC 7938A

The purpose of the proposed amendment was to discontinue, on a prospective basis, electric net billing arrangements. Net billing has been used in limited cases by persons operating an alternate energy production (AEP) facility or small hydro facility. Numerous written comments were received from members of the general public. Oral comments were also received at an oral presentation held January 12, 1998. At the request of several interested persons, the Board at the oral presentation extended the time period for written comments through February 2, 1998. After reviewing the oral and written comments, the Board will terminate the rule making. The Board believes the issues raised in the oral and written comments are best addressed in a broader discussion of changes in the electric industry and potential electric industry restructuring.

The amendment relates to methylene chloride amendment and extension of start-up dates; electrical power generation, transmission and distribution and electrical protective equipment and approval of information collection requirements; and methylene chloride, partial stay; and respiratory protection.

Notice of Intended Action was published in the Iowa Administrative Bulletin on February 11, 1998, as ARC 7826A.

In compliance with Iowa Code section 88.5(1)"b," a public hearing was scheduled for March 5, 1998. No comments were received. This amendment is identical to the Notice of Intended Action.

Pursuant to Iowa Code section 17A.5(2)"b"(2) and (3), this amendment shall become effective upon publication on April 8, 1998. The Commissioner finds that this amendment confers a benefit on employees by permitting them to be provided with safety and health equal those found in states under federal OSHA's jurisdiction and is necessary because of the safety and health of employees in this state.

This amendment is intended to implement Iowa Code section 88.5.

The amendment will become effective April 8, 1998.

The following amendment is adopted.

Amend rule 347--10.20(88) by inserting at the end thereof:

62 Fed. Reg. 54383 (October 20, 1997)

62 Fed. Reg. 65203 (December 11, 1997)

62 Fed. Reg. 66276 (December 18, 1997)

63 Fed. Reg. 1269 (January 8, 1998)

ARC 7927A

The amendment relates to respiratory protection and scaffolds correction.

Notice of Intended Action was published in the Iowa Administrative Bulletin on February 11, 1998, as ARC 7827A.

In compliance with Iowa Code section 88.5(1)"b," a public hearing was scheduled for March 5, 1998. No comments were received. This amendment is identical to the Notice of Intended Action.

Pursuant to Iowa Code section 17A.5(2)"b"(2) and (3), this amendment shall become effective upon publication on April 8, 1998. The Commissioner finds that this amendment confers a benefit on employees by permitting them to be provided with safety and health equal those found in states under federal OSHA's jurisdiction and is necessary because of the safety and health of employees in this state.

This amendment is intended to implement Iowa Code section 88.5.

The amendment will become effective April 8, 1998.

The following amendment is adopted.

Amend rule 347--26.1(88) by inserting at the end thereof:

63 Fed. Reg. 1295 (January 8, 1998)

63 Fed. Reg. 1919 (January 13, 1998)

This amendment is being adopted to incorporate statutory intent which requires the permission of the sending district before a bus from a receiving district can come into its boundaries for open enrollment students.

A public hearing was held on March 11, 1998, and no public comments were received. Notice of Intended Action was published in the February 11, 1998, Iowa Administrative Bulletin as ARC 7797A. This amendment is identical to that published under Notice of Intended Action.

This amendment will become effective May 13, 1998.

This amendment is intended to implement Iowa Code section 282.18(11).

The following amendment is adopted.

Amend subrule 17.9(1) as follows:

17.9(1) Parent responsibilities. The parent/guardian of a pupil who has been accepted for open enrollment shall be responsible to transport the pupil without reimbursement, except as provided in subrule 17.9(2), to and from a point on a regular school bus route of the receiving district. This point shall be a designated stop on the bus route of the receiving district. If this point--designated stop--is within the distances established by Iowa Code section 285.1 from the school designated for attendance by the receiving district, that district may, but is not required to, provide transportation for an open enrollment pupil. A receiving district may send buses into a resident district solely for the purpose of transporting an open enrollment pupil if the boards of both the sending and receiving districts agree to this arrangement. Bus routes that are outside the boundary of the receiving district that have been authorized by an area education agency board of directors, as provided by Iowa Code subsection 285.9(3), may be used to transport open enrollment pupils if boards of directors of the resident and receiving districts have both taken action to approve such an arrangement. Bus routes that have been established by the receiving district for the purpose of transporting nonpublic school or special education pupils that operate in the resident district of an open enrollment pupil shall not be utilized for the transportation of such pupil for the portion of the route that is within the resident district unless the boards of directors of the resident and receiving districts have both taken action to approve such an arrangement. Bus routes transporting pupils for the purpose of whole-grade sharing shall not be used to transport open enrollment pupils for the portion of the route that is within the resident district unless the boards of directors of the resident and receiving districts have both taken action to approve such an arrangement.

ARC 7942A

This amendment is being adopted to allow bus drivers to obtain physical examinations from the same group of professionals as other district employees by adding licensed physician assistants and advanced registered nurse practitioners.

A public hearing was held on March 11, 1998, and no public comments were received. Notice of Intended Action was published in the February 11, 1998, Iowa Administrative Bulletin as ARC 7796A. This amendment is identical to the one published under Notice of Intended Action except that in rule 281--43.15(285) the words "school administration and accreditation bureau" have been changed to "transportation consultant at the department of education."

This amendment will become effective May 13, 1998.

This amendment is intended to implement Iowa Code section 285.8.

The following amendment is adopted.

Amend rule 281--43.15(285), introductory paragraph, as follows:

281--43.15(285) Physical fitness. Applicants for the school bus driver's permit must submit each year to the school administration and accreditation bureau transportation consultant at the department of education, a signed report (Form TR-F-6-497B) of a physical examination by a licensed physician and surgeon, osteopathic physician and surgeon, osteopath, or qualified doctor of chiropractic, licensed physician assistant, or advanced registered nurse practitioner, indicating physical fitness as follows:

ARC 7915A

These amendments to Chapter 23 implement the purpose, definitions and structure of the Bill Payer Program (BPP), the second component of the Iowa Money Management Program (MMP). This program provides guidance to the program that has already been an existing component for two years and utilizes language of the programs recognized by AARP, and of the Social Security Administration.

Item 1 amends the title of Chapter 23 by inserting the new Bill Payer Program (BPP) as part of the MMP.

Item 2 amends rule 321--23.1(231) by revising the purpose and definitions for the Representative Payee Program and inserting the new purpose and definitions for the Bill Payer Program in alphabetical order.

Item 3 amends rule 321--23.2(231) by revising the state and local structure of the Representative Payee Program and inserting the new state and local structure of the Bill Payer Program.

Item 4 amends rule 321--23.3(231) by revising the appeal process for the representative payee.

Item 5 amends rule 321--23.4(231) by revising the Representative Payee Program procedure manual and inserting the new Bill Payer Program component to the procedure manual.

Notice of Intended Action was published in the Iowa Administrative Bulletin on December 17, 1997, as ARC 7718A. No public comments were received. These amendments are identical to those published under Notice of Intended Action.

These amendments are intended to implement Iowa Code sections 231.56 and 231.60.

These amendments will become effective on May 13, 1998.

The following amendments are adopted.

ITEM 1. Amend 321--Chapter 23, title, as follows:

321--23.1(231) General rule. The department shall operate a representative payee program (RPP) and a bill payer program (BPP) in cooperation with appropriate agencies such as Legal Counsel for the Elderly (LCE), a department of the American Association of Retired Persons (AARP), area agencies on aging (AAA), the Social Security Administration (SSA), Department of Veterans Affairs (DVA), Office of Personnel Management (OPM), Railroad Retirement Board (RRB) and the Iowa department of human services (DHS).

23.1(1) Purpose and definitions. The RPP and BPP is are designed to provide financial management services for individuals who, at least temporarily, are unable to manage their federal government benefit funds in a manner that preserves preserve the most independence and decision-making power for that individual individuals, while ensuring that the person's persons' basic needs continue to be met. In the absence of family or friends to help manage their finances, assistance is provided by volunteer representative payees or bill payers. who have been recruited, trained and monitored by the department in partnership with LCE.

a. The representative payee program provides financial management services for individuals who, at least temporarily, are unable to manage their federal government benefit funds. The representative payees are recruited, trained and monitored by the department in partnership with AARP.

b. The bill payer program provides financial assistance services for individuals who are in charge of their own financial affairs but need assistance in organizing monthly income and expenditures. The bill payers are recruited and trained by the department in partnership with AARP while actual monitoring of the bill payer program is handled by the sponsoring agency with oversight by the department.

23.1(2) Definitions. Unless otherwise prescribed by federal and state regulations, the terms used in this chapter shall have the following meanings:

"American Association of Retired Persons (AARP)" means a nonprofit, nonpartisan organization of older persons, aged 50 and older, dedicated to addressing their needs and interests.

"Bill payer" means a trained volunteer who serves clients with limited incomes who are still in charge of their own financial affairs but who need some help organizing their bills and checkbooks. A bill payer assists the client in organizing monthly income and expenditures, writes checks for the client's signature and assists the client with paperwork related to bill paying.

"Bill payer client" means an individual with limited income and resources who is capable of managing the individual's own money but needs some assistance and accepts a bill payer volunteer to assist in organizing monthly income and expenditures.

"Client" means an individual who receives monthly federal government benefit funds, is judged to be at least temporarily unable to make responsible financial decisions due to physical or mental impairments, and who accepts a representative payee volunteer to assist in the management of the client's financial affairs relating to federal government benefits.

"Department" means the Iowa department of elder affairs.

"Department of Veterans Affairs" means the federal agency providing for the health, social, retirement and death benefits for a veteran or veteran's family as a result of the veteran's service in the Armed Services of the United States, formerly known as Veterans Administration.

"Federal government benefit funds" means funds received, generally monthly, by an individual from federal agencies.

"Financial management services" for the representative payee program means temporary or ongoing assistance to an individual with receipt, disbursement and record keeping of monthly federal government benefit funds in order that the individual retains as high a level as possible of independent decision making. Financial management services for the bill payer program means ongoing or temporary assistance to an individual who may need assistance with one or more of the following: organizing bills for payment, balancing checkbooks, listing monthly income and expenses, and writing checks from a designated account for client's signature.

"Legal Counsel for the Elderly (LCE)" means a department of the AARP specializing in expanding and improving the delivery of legal services to older persons.

"Local program coordinator" means the person in a local RPP or BPP who is appointed by the local advisory council to be responsible for basic operation of the local program including support and supervision of volunteers.

"Office of Personnel Management" means the federal agency administering a merit system for federal employment as the central personnel agency of the federal government.

"Railroad Retirement Board" means the federal agency which administers the Railroad Retirement Act providing retirement and disability annuities for qualified railroad employees, spouses and survivors.

"Representative payee" means a trained volunteer acting in a fiduciary capacity, who is appointed by a federal government agency to manage the federal government benefit checks of someone who is unable to manage these benefits. The appointed volunteer will manage the funds in the best interests of the client to ensure that the basic needs of the individual client are met.

"Representative payee client" means an individual who receives monthly federal government benefit funds, is judged to be at least temporarily unable to make responsible financial decisions due to physical or mental impairments, and who is appointed a representative payee volunteer to assist in the management of the client's financial affairs relating to federal government benefits.

"Social Security Administration (SSA)" means a federal agency within the Department of Health and Human Services whose purpose is to administer the separate assistance programs for disabled, aged or blind recipients, and workers who participated in the social security insurance payment system during work years.

"Sponsoring agency" means the community agency which provides technical assistance and backup support for the local volunteer program coordinator. This support includes, but is not limited to, coordinating information between the sponsoring agency and the applicable local, regional or state agencies; publicizing the program locally and implementing a client referral system; recruiting, selecting and supervising a local program coordinator; assisting in the screening and training of prospective volunteers; developing client eligibility criteria; organizing an advisory council and convening regular meetings with that advisory council; submitting quarterly reports to AARP; monitoring all bill payer client accounts on a regular basis; and evaluating the program annually.

"Volunteer coordinator" means the person in a local RPP program who is appointed by the local advisory council to be responsible for basic operation of the local program including support and supervision of representative payee volunteers.

ITEM 3. Amend rule 321--23.2(231) as follows:

321--23.2(231) Structure of the RPP program and BPP program.

23.2(1) Program State program coordinator. The department shall designate a staff person, the state program coordinator, who will, at a minimum, staff and assist in the formation of the state advisory council, develop and provide information to the public about the program, develop and provide training to volunteers, assist in the formation of local and state advisory councils, develop plans and procedures and a procedure manual for the RPP and BPP in accordance with the requirements of Iowa Code section 249D.60 sections 231.56 and 231.60 and in accordance with the memorandum of understanding with AARP.

23.2(2) State advisory council. The department shall establish and maintain a program advisory council whose membership may include representatives from, but is not limited to, the following:

Social Security Administration (SSA)

American Association of Retired Persons (AARP)

Department of human services (DHS)

Legal services corporation of Iowa (LSCI)

Iowa state bar association

Department of Veterans Affairs (DVA)

Iowa health care association

Area agencies on aging

Mental health association associations

Utility companies

Banking associations

a. Structure. The chairperson shall update lead advisory council meetings and shall be responsible for updating the council on recent activities, coordinate the activities of the council, and appoint committees to accomplish assigned tasks.

b. Meetings. The council shall meet at least quarterly and on other occasions as required to accomplish its responsibilities. The chairperson shall notify be responsible for notifying all members of the time and place of each meeting.

c. Activities of the state advisory council. The activities of the state advisory council shall include, but not be limited to:

(1) Reviewing and making recommendations on the rules, policies and procedures developed for the program.;

(2) Providing a network of support, guidance and issue resolution for the program and its participants.; and

(3) Acting as public liaison to inform the public and increase public awareness of the project.

23.2(3) Local advisory councils. The RPP state program coordinator shall assist individual communities in establishing a local advisory council.

a. Council membership shall include, but not be limited to:

(1) A representative of the sponsoring agency;

(2) The volunteer coordinator;

(3) AAA representative;

(4) Local agencies;

(5) SSA;

(6) Local bank representative(s); and

(7) A legal service provider.

b. The advisory council shall:

(1) Establish its own meeting schedule and structure;

(2) Identify and support a sponsoring agency for each local RPP program;

(3) Recruit and appoint a local volunteer program coordinator;

(4) Provide a local support network to local representative payee volunteers and coordinator(s);

(5) Arrange with local financial institutions to provide banking services;

(6 5) Communicate local program information and needs with the state program coordinator;

(7 6) Encourage local media coverage; and

(8 7) Develop and publicize Assist local volunteer coordinator in developing and publicizing a client referral process.

23.2(4) Sponsoring agency. The sponsoring agency shall:

a. Provide logistical support for the volunteer coordinator such as, but not limited to, office space and supplies, telephone and postage;

b. Assist with recruitment and training of volunteers; and

c. Provide an interim volunteer coordinator in the absence of an existing coordinator until a new volunteer coordinator can be recruited.;

d. Adhere to the program policies of the department and AARP;

e. Provide support for and oversee all components of the program at the local site;

f. Serve as a link between the department, all applicable local agencies and the volunteers and clients;

g. Develop a program budget and ensure its funding;

h. Recruit, select and supervise the local program coordinator and, if the local program coordinator position becomes vacant, make appropriate arrangements so that clients continue to be served;

i. Negotiate with a local bank to provide free banking services for the program to the extent possible;

j. Develop and implement an ongoing client referral system including publicity of the program; and

k. Organize and hold regular meetings with a local advisory council.

23.2(5) Local volunteer program coordinator. The volunteer program coordinator duties shall include, but not be limited to:

a. Assist in recruiting payee volunteers;

b. Assist in the presentation of training to volunteers;

c. Coordinate the matching process between the volunteer and the client;

d. Supervise and support volunteer payees; and

e. Submit reports to the department as requested.

c. Receive and screen client referrals;

d. Match client with appropriate volunteers;

e. Maintain a close working relationship with referring agencies;

f. Cooperate with department on volunteer recruitment and training;

g. Supervise volunteers;

h. Promote volunteer recognition;

i. Assist sponsoring agency in negotiating with a local bank to provide free services for the program;

j. Submit periodic written reports as requested;

k. Serve as a link between sponsoring agency, department and all other program participants;

l. Initiate and maintain outreach efforts;

m. Serve as a staff person for the local advisory council;

n. Arrange for the local monitoring of accounts for the bill payer program and cooperate with the department in the monitoring of representative payee accounts; and

o. Participate in periodic program evaluation efforts by the department and AARP.

23.2(6) Volunteer representative payees and bill payers.

a. Recruitment, screening, and acceptance appointment of volunteer representative payees and bill payers. AARP, LCE, local and state advisory councils, sponsoring agencies, the local program coordinator and interested others shall recruit volunteers to act as representative payees and bill payers.

(1) The federal government agency providing the benefit funds shall be given names of potential volunteers by the local program coordinator to screen for representative payee duties.

(2) The local volunteer program coordinator shall be informed, and the federal government agency shall notify the individual who has been accepted appointed as a volunteer representative payee.

b. Representative payee and bill payer training and assignment will be coordinated by the local program coordinator.

(1) Orientation to program and training concerning program goals and procedures shall be provided to each volunteer before assignment of a client.

(2) A client shall be assigned to the representative payee and bill payer according to standard procedures described in the program procedure manual.

(3) Client and representative payee and bill payer shall be provided the opportunity to evaluate their potential assignment.

(4) Activities of representative payees and bill payers shall be reported to the department as required by the program procedure manual.

23.2(7) Program clients. Clients are individuals identified by SSA, VA, OPM, RRB or other federal government agency, as being persons who are unable to manage monthly payments of federal government benefit funds personal finances in a way that best enables them to meet their basic needs.

a. Clients may be temporarily in need of a representative payee volunteer and may contact the program coordinator for a review of their need at the address identified in subrule 321--2.1(2). The program coordinator shall then contact the appropriate federal government agency to assess need.

b. Clients may request a review of the representative payee assigned to them.

ITEM 4. Amend rule 321--23.3(231) as follows:

321--23.3(231) Appeal process for representative payee.

23.3(1) An RPP program client or the representative payee may appeal decisions that are made that could affect the receipt, use or management of benefits. The appeal is to be addressed to the federal government agency providing the benefits.

23.3(2) The request for reconsideration of the decision made by the agency shall be filed within the limitation of time identified by the agency.

23.3(3) The RPP procedure manual provides an appeal procedure for program participants. The state program coordinator shall provide guidance concerning appeal procedures.

ITEM 5. Amend rule 321--23.4(231) as follows:

321--23.4(231) RPP and BPP procedure manual manuals.

23.4(1) An RPP and BPP procedure manual manuals shall be developed and distributed by the department coordinating requirements of state and federal programs such as those described in the U.S. Department of Health and Human Services publication SSA No. 05-10076, April 1991, 1996, and SSA publication Claims Manual GN00600.000- 0065.000, current as of November 1991, GN00600.000- GN00605.000, and the Department of Veterans Affairs publication Part III of M27-1 current as of November 1991 June 16, 1995, as well as practices recommended required by the state and local advisory committees, procedures contained in the bill payer and representative payee manuals, AARP, and volunteer coordinators.

23.4(2) At a minimum, the procedure manual manuals shall include:

a. Confidentiality requirements, as defined in 321--Chapter 19 and other state and federal regulations;

b. Bank procedures, including direct deposit, waiver of service charge, statements and other necessary and appropriate monitoring activities;

c. Accounting and reporting;

d. Appeal process;

e. Procedures on special events such as, but not limited to:

(1) Death of a client.;

(2) Misuse or loss of funds.;

(3) Revocation of volunteer assistance to client.;

(4) Request for reassignment of client or representative payee volunteer.;

(5) Temporary leave.;

(6) Notification to creditors.

ITEM 6. Amend 321--Chapter 23, implementation sentence, as follows:

These rules are intended to implement Iowa Code section 249D.60 sections 231.56 and 231.60.

ARC 7950A

This amendment places the responsibility of foreign transcript evaluation on the licensee. Neither staff nor the Board has the expertise to evaluate foreign transcripts.

Notice of Intended Action was published in the Iowa Administrative Bulletin on January 28, 1998, as ARC 7781A. This amendment is identical to that published under Notice.

This amendment is intended to implement Iowa Code sections 542B.13, 542B.15, 542B.20 and 542B.30.

This amendment will become effective May 13, 1998.

The following amendment is adopted.

Amend rule 193C--1.4(542B), numbered paragraph "1," as follows:

1. Academic transcripts. Completion of post-high school education shall be evidenced by receipt of an applicant's transcripts directly from the office of the registrar of each institution attended. Under the Foreign Engineering Education Evaluation Program of the National Council of Examiners for Engineering and Surveying, transcripts from institutions located outside the boundaries of the United States of America shall be evaluated for authenticity and substantial equivalency with ABET/EAC accredited engineering programs. Such authentication shall be at the expense of the applicant.

ARC 7951A

This amendment deletes a fee not currently payable to the Board and implements a change for the Board to charge a rescoring fee of $25 per examination item, plus any NCEES fee.

Notice of Intended Action was published in the Iowa Administrative Bulletin on December 17, 1997, as ARC 7712A. This amendment is identical to that published under Notice.

This amendment is intended to implement Iowa Code sections 542B.13, 542B.15, 542B.20 and 542B.30.

This amendment will become effective May 13, 1998.

The following amendment is adopted.

Amend subrule 1.9(7) as follows:

1.9(7) Other service charges.

1. Check returned for insufficient funds $10

2. Reinstatement of licensure--$10 per year
for each lapsed year (maximum fee of $50)
plus licensure fee for the remainder of biennium
prorated at one-year intervals.

3. Verification of licensure for
comity application to another state or
territory if Iowa licensure has lapsed $10

4. Rescoring of examination $55

$25 per examination item,

plus any NCEES fee

ARC 7928A

Notice of Intended Action was published in the Iowa Administrative Bulletin on January 14, 1998, as ARC 7762A. A public hearing was held on February 13, 1998, the final day of the public comment period, at the Air Quality Bureau in Urbandale. Seven written comments were received. Minor changes have been made to the Notice of Intended Action as a result of comments received during the public comment period and an internal citation correction. Item 1 was added to associate the date with CFR citations to the publication date of the Federal Register. Item 29 was also added to correct an internal citation. Changes were made to Items 22 and 37 to provide more clarification. Former Item 86, adoption by reference of new ozone and PM_2.5 National Ambient Air Quality Standards, was not adopted as a result of Environmental Protection Commission action.

Item 1 adds language to explain that dates specified in reference to the CFR are the dates of publication of the last amendments to the CFR.

Item 2 corrects CFR adoption reference dates to accurately identify the dates of the most recent revisions to the regulations. For "EPA reference method," the revisions modify and add emission source test methods to improve and provide for the measurement of various pollutant emissions. These tests are used to determine whether a source is in compliance with the limits placed on the emission units. The continuous emission monitoring provisions of the Acid Rain Program are also revised to help streamline implementation of this program. The revisions also add locally recyclable goods and plastics to the list of items excluded in the "Residential waste" definition and amend the CFR citation date to reflect the last revision to the definition of "Volatile organic compounds." This update adds the exclusion of the following nonphotochemically reactive compounds: HFC 43-10mee, HCFC 225ca, HCFC 225cb, HFC 32, HFC 161, HFC 236fa, HFC 245ca, HFC 245ea, HFC 245eb, HFC 245fa, HFC 236ea, HFC 365mfc, HCFC 31, HCFC 123a, HCFC 151a, C₄F₉OCH₃, (CF₃)₂CFCF₂OCH₃, C₄F₉OC₂H₅, and (CF₃)₂CFCF₂OC₂H₅.

Item 3 corrects an internal rule citation.

Item 4 removes an obsolete rule referencing a rescinded fee program.

Item 5 provides clarification by eliminating redundant definitions established elsewhere in the title.

Item 6 corrects the date to associate it with the last revision made to the CFR cited. No substantive changes are made by this correction.

Item 7 corrects the date with the last revision made to the CFR regulation cited. No substantive changes are made by this correction.

Item 8 adds the date of the last revision to the cited CFR to provide clarification. No substantive changes are made by this addition.

Item 9 adds the Air Quality Bureau's address and specifies the need to receive two copies of construction permit applications.

Item 10 provides the date of the last revision to the cited CFR for clarification. No substantive changes are made by this addition.

Item 11 corrects dates associated with the CFR citations, which reflect recent revisions to the regulation. Revisions add language to keep Total Suspended Particulate (TSP) increments for Prevention of Significant Deterioration (PSD) in effect to apply toward the amount available for Particulate Matter less than 10 microns (PM₁₀). Nonmethane organic compounds are also added as a pollutant to PSD.

Item 12 corrects dates associated with the CFR citation to demonstrate the most recent revisions to the regulation. The revisions refine modeling techniques and improve the technical basis for impact assessment of air pollution sources.

Item 13 incorporates the date of the last revision to the cited CFR regulation to provide clarification. No substantive changes are made by this addition.

Item 14 deletes the redundant citation of a CFR adoption by reference date from paragraphs "a" to "d" and places the updated adoption by reference date in the introductory paragraph of the subrule for clarification. No substantive changes are made by this correction.

Item 15 corrects dates associated with the CFR citations, which reflect recent revisions to the regulations. The revisions made to the CFR citations are implemented by rule 22.101(455B), Applicability of Title V operating permit requirements, and rule 22.1(455B), Permits required for new or existing stationary sources, and adopted by reference in rule 23.1(455B), Emission standards.

Item 16 corrects dates associated with the CFR citations to adopt recent revisions to the regulations. The revisions promulgate and revise many New Source Performance Standards (NSPS) and Emission Guidelines (EG) to include the NSPS and EG for municipal solid waste landfills. The standards and guidelines have been adopted by reference in rule 23.1(455B), Emission standards. The revisions also provide delegation of authority to Iowa.

Items 17 through 20 add the dates of the latest revisions to the cited CFR citations to provide clarification. No substantive changes are made by the additions.

Item 21 clarifies the meaning of the paragraph by making minor revisions.

Item 22 amends the date associated with the CFR citation to list the recent revisions to the regulation. The revisions approve and federally promulgate Air Quality Implementation Plans for Iowa, which include provisions related to open burning, new source review requirements in nonattainment areas, test method and definition updates, and others.

Item 23 revises the dates to identify the last revisions made to the CFR citations. For "EPA reference method," the revisions are the same as those stated in Item 1. Item 23 also amends the dates associated with the CFR citations for "Existing hazardous air pollutant source" to include recent revisions to the regulations. These revisions provide delegation of authority to Iowa, revise procedures for handling and analyzing samples collected by the sampling train for emission source tests, and rescind 40 CFR Part 61, Subpart I as it applies to Nuclear Regulatory Commission (NRC). No other substantive changes are made by these corrections.

Item 24 excludes total suspended particulate (TSP) as a regulated air pollutant used for determining whether a source is required to obtain a Title V permit.

Item 25 revises the date associated with the CFR citation, so recent revisions to the CFR are included. No substantive changes are made by this correction.

Item 26 provides the dates of the last revision to the CFR citations for clarification. No substantive changes are made by this addition.

Item 27 corrects dates associated with the CFR citations to include recent revisions to the regulations. No substantive changes are made by this correction.

Item 28 adds the date to identify the last revision to the cited CFR regulation for clarification. No substantive changes are made by this addition.

Item 29 corrects an internal citation.

Item 30 changes the Air Quality Bureau's address and removes application deadlines that have passed and are no longer applicable.

Item 31 provides language to specify the requirement for the submittal of four copies of the application to the Department.

Items 32 through 34 add the dates to identify the latest revisions to the cited CFR citations for clarification. No substantive changes are made by the additions.

Item 35 corrects the date associated with the CFR citation to include recent revisions to the regulation. No substantive changes are made by this correction.

Item 36 provides clarification by adding the date of the last revision to the cited CFR regulation. No substantive changes are made by this addition.

Item 37 incorporates definitions to the Acid Rain Program for the nitrogen oxides reduction component of this program. This component is designed to reduce emissions of nitrogen oxides discharged into the atmosphere from the burning of fossil fuels. The program primarily affects the electric utility industry.

Item 38 modifies dates associated with the CFR citations, so recent revisions to the regulations are included. These revisions provide the utilities the ability to use substitution and reduce utilization plans to create excess, new allowances for sulfur dioxide (SO₂) emissions. They also establish the Opt-in Program. This allows sources not required to participate in the program the option to do so on a voluntary basis. The Opt-in Program helps generate additional allowances reducing overall compliance costs for utilities.

Item 39 amends the dates of the CFR citations to identify recent revisions to the citations. For "Acid Rain Program" the revisions create the Opt-in Program. In addition, they revise continuous emission monitoring provisions to make implementation of the program easier for regulatory agencies and regulated industry, and terminate the direct sales of sulfur dioxide allowances. These revisions also provide a method by which additional allowances may be loaned to units receiving early reduction credits as an incentive to further reduce emissions prior to the units' becoming subject to the applicable Acid Rain Program emission limitations. The nitrogen oxide reduction program is added as a citation. The revisions also streamline and improve permitting, excess emissions, and appeal procedures to reduce the burden on utilities, while still ensuring achievement of the statutory requirements of reducing sulfur dioxide and nitrogen emissions. For "Offset plans" and "State Title V operating permit," the revisions create the Opt-in Program, as mentioned above. However, for "State Title V operating permit," the revisions also amend the continuous emission monitoring procedures, and revise regulations to implement compliance assurance monitoring (CAM) for major stationary sources of air pollution that are required to obtain operating permits under Title V of the Act. They also streamline and improve the regulation as mentioned above. Many of the other revisions made to the CFR citation are adopted in rules 22.120(455B) to 22.146(455B), which implement the Acid Rain Program, or result in no substantive changes.

Item 40 amends the date for the CFR citation to reflect recent revisions to the regulation. No substantive changes were made to Table 1. Applicability for nitrogen oxides emission reduction program was also added by including coal-fire substitution units (or compensating unit) that were designated in substitution plans, that were not approved or active by January 1, 1995.

Items 41 and 42 correct the dates to reference the last revisions made to the CFR citations. No substantive changes are made by these corrections.

Item 43 amends dates for the CFR citations to include recent revisions to the regulations. No substantive changes are made by these corrections.

Item 44 revises the date to include the last revision made to the CFR citation. No substantive changes are made by these corrections.

Item 45 revises the date to include recent revisions made to the CFR citation. The revisions made to the citation are adopted in rules 22.120(455B) to 22.146(455B). No substantive changes are made by the corrections to the exceptions described in the paragraph.

Item 46 amends the dates for CFR citations to reference recent revisions to the regulations. The revisions add, streamline, and improve the final acid rain regulations for the allowance system, permitting, emissions monitoring, excess emissions, and administrative appeals. They also provide a method by which additional allowances may be loaned to units receiving early reduction credits as an incentive to further reduce emissions prior to the units' becoming subject to the applicable Acid Rain Program emission limitations. In addition, they develop and amend the Opt-in Program and amend the continuous emission monitoring procedures, as mentioned previously.

Item 47 revises the date to include the last revision made to the CFR citation. No substantive changes are made by these corrections.

Item 48 adds specific CFR citations to outline requirements for the nitrogen oxides emission reduction component of the Acid Rain Program.

Item 49 amends the dates to include recent revisions made to the CFR citations. The revisions create the Opt-in Program which allows sources not required to participate in the Acid Rain Program the opportunity to participate on a voluntary basis.

Item 50 corrects the date to reflect the last revision to the CFR regulation cited. No substantive changes are made by this correction.

Item 51 amends the dates of the CFR references to demonstrate the recent revisions to the regulations. The revisions are the same as those stated in Item 37 for the "Acid Rain Program."

Items 52 and 53 revise the dates to reference the last revisions made to the CFR regulations cited. No substantive changes are made by these corrections.

Item 54 establishes a deadline for a Phase II unit with a Group 1 or Group 2 boiler to submit the unit's permit application and compliance plan for nitrogen oxides.

Item 55 adds the Air Quality Bureau's address.

Item 56 revises the dates to include recent revisions to the CFR citations. No substantive changes are made by these corrections.

Item 57 removes repowering extensions from the regulations. All deadlines to apply have passed. No utilities within the state applied for the allowed extension.

Item 58 revises the dates to include recent revisions to the CFR citations. The revisions are the same as those stated in Item 37 for the "Acid Rain Program."

Item 59 amends the dates to reference the last revisions made to the CFR citation. No substantive changes are made by these corrections.

Item 60 revises the dates to include recent revisions to the CFR citations. The revisions are the same as those stated in Item 37 for the "Acid Rain Program."

Items 61 through 63 correct the dates to identify the last revisions made to the CFR citations. No substantive changes are made by these corrections.

Item 64 amends the dates to include recent revisions to the CFR citations. The revisions create the Opt-in Program which allows sources not required to participate in the Acid Rain Program the opportunity to participate on a voluntary basis. They also add the final acid rain regulations for the allowance system, permitting, emissions monitoring, excess emissions, and administrative appeals. In addition, they provide a method by which additional allowances may be loaned to units receiving early reduction credits as an incentive to further reduce emissions prior to the units' becoming subject to the applicable Acid Rain Program emission limitations.

Item 65 corrects the date to identify the last revision made to the CFR regulation cited. No substantive changes are made by these corrections.

Item 66 removes the compliance certification for units with repowering extensions plans from the regulations. All deadlines to apply have passed. No utilities within the state applied for this extension.

Item 67 modifies the Air Quality Bureau's address.

Item 68 removes an expired deadline for receipt of voluntary operating permit applications.

Item 69 clarifies the paragraph by making minor revisions.

Item 70 modifies the Air Quality Bureau's address and removes an expired deadline for receipt of operating permit by rule registration.

Item 71 corrects dates for the CFR citations to include recent revisions to the regulations. The revisions promulgate and revise many New Source Performance Standards (NSPS) and Emission Guidelines (EG) to include the NSPS and EG for municipal solid waste landfills. Most of these standards have been adopted by reference in previous rule makings. The revisions also provide delegation of authority to Iowa.

Item 72 removes dates from the paragraph. The dates are already specified in the rule.

Item 73 corrects the CFR citation.

Item 74 amends the date to include recent revisions to the CFR citation. Revisions provide delegation of authority to Iowa and remove rules pertaining to air pollution, which are no longer legally in effect. The changes also revise procedures for handling and analyzing samples collected by the sampling train for stack testing.

Item 75 revises the date to reflect recent revisions to the CFR citation. The revisions adopt and revise manyNESHAPS and NESHAPS for source categories. All of these promulgated NESHAPS and NESHAPS for source categories have been adopted by reference in previous rule makings.

Item 76 adds an introductory paragraph to the subrule to identify general requirements that will be applicable to all current and future emission guidelines. This will eliminate redundancies when future emission guidelines are adopted.

Item 77 revises the date to reflect the last revision to the CFR citation. No substantive changes are made by this correction. This item also corrects the CFR citation.

Item 78 prohibits burning rubber tires in recreational fires.

Item 79 amends the date to identify the last revision made to the CFR citation. No substantive changes are made by this correction. This item also prohibits burning rubber tires during training fires.

Item 80 improves the clarity of the subparagraph.

Item 81 corrects the date to include the most recent revisions to the CFR citation. No substantive changes are made by this correction to reference methods measuring elemental fluorine and fluoride compounds.

Items 82 and 83 provide clarification. No substantive changes are made by these revisions.

Item 84 revises the date to include recent revisions to the CFR citation. The revisions amend, revise and adopt a variety of methods to determine compliance for various sources. They also add performance specifications for volatile organic compound and chromatographic continuous emission systems in stationary sources.

Items 85 and 86 add the dates to reflect the last revisions to the CFR citations. No substantive changes are made by these revisions.

Item 87 amends the date to include recent revisions to the CFR citation. The revisions amend continuous emission monitoring (CEM) regulations to provide additional flexibility to implement immediately new provisions that address these unforeseen situations, and reduce the possibility of underestimating emissions. Continuous emission monitoring provisions make implementation of the program easier and more efficient to implement for both regulatory agencies and industry.

Items 88 and 89 revise the dates to include recent revisions to the CFR citations. No substantive changes are made by these revisions.

These amendments may impact small business.

These amendments are intended to implement Iowa Code section 455B.133.

These amendments shall become effective May 13, 1998.

EDITOR'S NOTE: Pursuant to recommendation of the Administrative Rules Review Committee published in the Iowa Administrative Bulletin, September 10, 1986, the text of these rules [amendments to Chs 20, 22 to 25, 28, 29, 31] is being omitted. With the exception of the changes noted above, these amendments are identical to those published under Notice as ARC 7762A, IAB 1/14/98.

ARC 7929A

Chapter 49, "Nonpublic Water Wells," has not undergone major updating since before it was moved to the Department's jurisdiction from the Department of Public Health in 1983. Starting in late 1995, a technical committee of the Iowa Groundwater Association reviewed the rules and suggested revisions. Meetings with well drillers from the Iowa Water Well Association and sanitarians from the Iowa Environmental Health Association were then held to incorporate industry and other regulatory points of view.

The impetus to review Chapter 69, "On-Site Wastewater Treatment and Disposal Systems," came primarily from state legislators desiring to provide counties more flexibility to deal with difficult sewage disposal situations. Also, significant new technology is being introduced into the state which has created a need for rule changes. An advisory committee of legislators, county supervisors, private contractors and county sanitarians was established to review the rules and recommend revisions. The revised rules are a culmination of this effort and include input by the Iowa Environmental Health Association.

Notice of Intended Action was published in the Iowa Administrative Bulletin on November 19, 1997, as ARC 7652A. Six public hearings were held on these rules. Over 125 comments were received. A Responsiveness Summary has been prepared summarizing these comments.

Significant changes were made to Chapters 49, 60 and 69 based upon comments received by the Department. Changes to Chapter 49 include the addition of a definition for "Well liner" to 49.2(455B). For Table 49.9(1)"a"(4) the specifications for a seven-inch OD casing were changed to agree with the previous code. The subtitle for Table 49.9(1)"b"(5) was changed to "Maximum Hydraulic Loading" from maximum depth to reflect the actual information in the table. The description of bentonite grout was clarified in 49.9(3)"c." The requirement that polymer additives meet NSF standards was added to 49.9(3)"c." Additional minor changes were made to Chapter 49 to correct grammar and for clarification.

Several references were added to Chapter 64 in the adopted rules to incorporate the new general NPDES permit number 4. A definition for "Conventional" was added to subrule 69.1(2) since this term is used in a specific sense in this chapter. Also in subrule 69.1(2), the definition for "Professional soil analysis" was modified to describe who may do this analysis. In 69.1(3)"a," the requirement for connection to a public sewer system was changed from 300 feet to 200 feet, and wording was changed to agree with the state plumbing code. All references to soil texture were removed from Tables III and IV. Specifications for header pipes were added to subrule 69.6(7), paragraph "b." A paragraph was added to subrule 69.7(1), paragraph "g"; subrule 69.8(1), paragraph "d"; and subrule 69.11(1), paragraph "d," to warn of the effect of rapid technology changes. Clarification of when coliform testing is required was added to subrule 69.9(1), paragraph "c." Distribution pipe material specifications were added to subrule 69.9(3), paragraph "a," subparagraph (2). Inspection and testing frequencies were decreased in subrules 69.10(5) and 69.10(6). Additional changes were made to the chapter to correct grammar and for clarification.

These amendments may have an impact on small business.

These amendments are intended to implement Iowa Code section 455B.172.

These amendments shall become effective May 13, 1998.

The following amendments are adopted.

ITEM 1. Rescind 567--Chapter 49 and adopt the following new chapter in lieu thereof:

567--49.2(455B) Definitions.

"Abandoned well" means a well whose use has been permanently discontinued. A well shall be considered abandoned when its condition is such that continued use is impractical or no longer desired.

"Administrative authority" means the local boards of health.

"Anaerobic lagoon" means an impoundment, the primary function of which is to store and stabilize organic wastes. The impoundment is designed to receive wastes on a regular basis, and the design waste loading rates are such that the predominant biological activity in the impoundment will be anaerobic. An anaerobic lagoon does not include:

1. A runoff control basin which collects and stores only precipitation-induced runoff from an open feedlot feeding operation; or

2. A waste slurry storage basin which receives waste discharges from confinement feeding operations and which is designed for complete removal of accumulated wastes from the basin at least semiannually; or

3. Any anaerobic treatment system which includes collection and treatment facilities for all off-gases.

"Annular space" means the open space between the well hole excavation and the well casing.

"Cesspool" means a covered excavation, lined or unlined, into which wastes from toilets or urinals are discharged for disposal. Cesspools are not an approved method of sewage disposal.

"Compensation for well interference" means payment to the owner of a nonregulated well for damages caused by a lowered water level in the well due to withdrawal of water for a permitted use.

"Confinement building" means a building used in conjunction with a confinement feeding operation to house animals.

"Conforming well" means a well that complies with the standards of this chapter, including wells properly plugged according to 567--Chapter 39.

"Deep well" means a well located and constructed in such a manner that there is a continuous layer of low permeability soil or rock at least 5 feet thick located at least 25 feet below the normal ground surface and above the aquifer from which water is to be drawn.

"Earthen manure storage basin" means an earthen cavity, either covered or uncovered, which, on a regular basis, receives waste discharges from a confinement feeding operation if accumulated wastes from the basin are completely removed at least once each year.

"Established grade" means the permanent point of contact of the ground to artificial surface with the casing or curbing of the well.

"Formed manure storage structure" means a structure, either covered or uncovered, used to store manure from a confinement feeding operation, which has walls and a floor constructed of concrete, concrete block, wood, steel, or similar materials. Similar materials may include, but are not limited to, plastic, rubber, fiberglass, or other synthetic materials. Materials used in a formed manure storage structure shall have the structural integrity to withstand expected internal and external load pressures.

"Grout" means a material used to seal the annular space between the casing and the borehole and shall consist of neat cement, concrete, high solids bentonite slurry, or hydrated bentonite chips.

"Health-related problem" means well water that contains any contaminant at a level that exceeds MCLs (maximum contaminant levels), or HALs (health advisory levels) as adopted by the department of natural resources.

"Heavy drilling fluid" means water used for drilling which because of the natural clay content of the borehole or by addition of bentonite grout has a solids density of at least 10 percent by weight or a mud weight of at least 9.25 lb/gal.

"Low permeability material" means a geological unit of unconsolidated material (usually clay or till) or bedrock (usually shale) that is all or partially saturated, and having permeability low enough (10^-7 cm/sec) to give water in the aquifer artesian head.

"Nonpublic water supply well" means a well that does not supply a public water supply system.

"Nonregulated well" means a well used to supply water for a nonregulated use (a use of water less than 25,000 gallons per day which is not required to have a water use permit).

"Open feedlot" means an unroofed or partially roofed animal feeding operation in which no crop, vegetation, or forage growth or residue cover is maintained during the period that animals are confined in the operation.

"Permitted use" means a use of water in excess of 25,000 gallons per day which requires a water use permit pursuant to 567--Chapters 50 through 52 and Iowa Code chapter 455B, division III, part 4.

"Pitless adapter" means a device designed for attachment to one or more openings through a well casing. It shall be constructed so as to prevent the entrance of contaminants into the well through such openings, conduct water from the well, protect the water from freezing or extremes of temperature, and provide access to water system parts within the well.

"Pitless unit" means an assembly which extends the upper end of the well casing to above grade. It shall be constructed so as to prevent the entrance of contaminants into the well, conduct water from the well, and protect the water from freezing or extremes of temperature, and shall provide full access to the well and to water system parts within the well. It shall provide a pitless well cap for the top terminal of the well.

"Public water supply" means a system for the provision to the public of piped water for human consumption, if such system has at least 15 service connections or regularly serves an average of at least 25 individuals daily at least 60 days out of the year. The term includes (1) any collection, treatment, storage, and distribution facilities under control of the supplier of water and used primarily in connection with the system; and (2) any collection (including wells) or pretreatment storage facilities not under the control of the supplier which are used primarily in connection with the system.

"Pumps and pumping equipment" means any equipment or materials, including seals, tanks, fittings and controls utilized or intended for use in withdrawing or obtaining water for any use.

"Rehabilitation or reconstruction" means modifying the original construction of a well. Rehabilitation or reconstruction includes, but is not limited to, deepening the well, installing a liner, installing or replacing a screen with one of a different diameter or length, installing a pitless adapter, extending the casing, or hydrofracturing a well. Replacing a screen with one of identical diameter and length, replacing a pitless adapter, or acidizing a well would be considered repair, not rehabilitation or reconstruction.

"Runoff control basin" means an impoundment designed and operated to collect and store runoff from an open feedlot.

"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.

"Stuffing box" means an approved receptacle in which packing may be compressed to form a watertight or airtight junction between two objects.

"Well" means any excavation that is drilled, cored, driven, dug, bored, augered, jetted, washed or is otherwise constructed for the purpose of exploring for groundwater, monitoring groundwater, utilizing the geothermal properties of the ground, or extracting water from or injecting water into the aquifer. "Well" does not include an open ditch, drain tiles, an excavation made for obtaining or prospecting for oil, natural gas, minerals, or products mined or quarried, lateral geothermal heat exchange systems less than 20 feet deep, nor temporary dewatering wells such as those used during the construction of subsurface facilities only for the duration of the construction.

"Well liner" means a pipe used to line the inside of a well hole but not designed to hold hydraulic or structural loading. Liners must be installed within a casing or in an ungrouted open borehole.

"Well seal" means a device used to cover or seal a well that establishes or maintains a junction between the casing of the well and the piping, electric conduit or equipment installed, so as to prevent water or other foreign material from entering the well at the uppermost terminal.

1. "Well cap" means a snug-fitting, watertight device used above flood level that excludes dust and vermin and allows for screened venting.

2. "Sanitary seal" means a watertight fitting which uses mechanical compression that is installed on wells that terminate in a well house.

"Well services" means new well construction, well reconstruction, installation of pitless equipment, or well plugging.

567--49.3(455B) Applicability. The provisions contained herein apply to all nonpublic water supply wells constructed for the purpose of domestic, livestock, irrigation, recreation, and commercial or industrial use, that are completed after the effective date of these rules (May 13, 1998). They shall also apply to existing water wells undergoing rehabilitation or reconstruction.

Ponds and surface water supplies are not covered by these standards. Information regarding use of these sources of water should be sought from the administrative authority prior to the development of the sources.

49.3(1) Nonconforming installations. Certified well contractors shall ensure that the rehabilitation or reconstruction of nonconforming wells adheres to all applicable provisions of this chapter or to comparable construction or installation requirements approved by the administrative authority.

When any construction or reconstruction is done on a nonconforming feature of a well, that feature shall be upgraded and brought into compliance with the material and installation standards contained in this chapter.

49.3(2) Exemptions. This chapter shall not apply to public water supply wells, horizontal heat pump installations, elevator shafts, underground storage tank monitoring wells as covered under 567--Chapter 135, or monitoring wells for solid waste disposal facilities as covered in 567--Chapter 110.

567--49.4(455B) General. The administrative authority shall have the authority to visit well sites during any phase of the work without prior notice. The administrative authority shall by rule require the issuance of permits and the submission of water well logs. No well services shall be initiated until a permit has been issued by the proper authority. The administrative authority may also require posting of performance bonds and collection and submission of other data. The issuance of permits is covered in 567--Chapter 38 and shall be coordinated with the water withdrawal permits issued by the Iowa department of natural resources as covered in 567--Chapters 51 and 52. All well services shall be performed by a certified well contractor or the property owner as specified in 567--Chapter 82.

It shall be the responsibility of the certified well contractor to ensure that a well construction permit has been issued prior to initiation of well services. It shall also be the responsibility of the certified well contractor to ensure that all well services are performed in accordance with the provisions of this chapter.

567--49.5(455B) Variances. Variances to these rules may be granted by the administrative authority if sufficient information is provided to substantiate equal protection and the need for such action. Variance requests and reasoning shall be in writing. Variance approvals or rejections shall also be in writing. Where permitting authority has not been delegated to the county, the department will review and grant or deny any variance requests within that jurisdiction.

567--49.6(455B) Location of wells. Wells shall be located with consideration given to the lot size, contour, porosity and absorbency of the soil, local groundwater conditions, flooding, and other factors necessary to implement the rules. The lack of specific distances to other possible sources of contamination, such as refuse disposal sites and high-pressure gas lines, does not minimize their potential hazard. These must be evaluated in each particular situation and a distance arrived at that is based on pertinent facts. The well contractor shall consult the administrative authority for assistance in determining a proper distance in such cases.

49.6(1) Minimum distances. The following minimum lateral distances shall apply for the common sources of contamination listed in the following table.

49.6(3) Relation to buildings. The well shall be located so that no building interferes with reasonable access for cleaning, treatment, repair, testing, inspection and other maintenance. Wells shall not be located in basements.

49.6(4) Easements. No well shall be located on a property not owned by the well owner unless an easement allowing such placement is reviewed and approved by the administrative authority and the easement is legally recorded.

567--49.7(455B) General construction requirements. Wells shall be planned and constructed to adapt to the geologic and groundwater conditions of the proposed well site to ensure reasonable utilization of every natural protection against contamination of the water-bearing formation(s) and the exclusion of possible sources of contamination, to attempt to produce bacterially safe water which is free of health-related problems.

49.7(1) Water used in construction. Water used in the construction process shall be obtained from a potable water source that will not result in contamination of the well. Water used for drilling shall be treated with 3 pints of 5.25 percent sodium hypochlorite solution per 100 gallons of water or 0.25 pounds of 65 percent calcium hypochlorite per 100 gallons of water or other additives to produce an equivalent concentration of chlorine residual (50 ppm).

49.7(2) Wellhead. The upper terminal casing of all wells shall extend at least 12 inches above established grade or pump house floor, or the 100-year flood level, whichever is higher. A well cap or sanitary seal shall be installed immediately following well completion. A well cap shall be used on an exposed well, a sanitary seal only on a well terminating within a well house. Any openings in the cap or seal, such as for pump wiring or water depth measurement, shall be properly grommeted or sealed except properly screened and oriented vent openings.

The ground surface immediately adjacent to the well casing shall be compacted and graded so that surface water is diverted away from the casing. Well platforms are not recommended other than those used as pump house floors as indicated in 49.12(2).

49.7(3) Criteria for well interference protection. 567--Chapter 54 provides an administrative process for owners of nonregulated wells to receive compensation for well interference caused by permitted uses. To be eligible for compensation due to well interference, nonregulated wells constructed after July 1, 1986, must be constructed to allow for some potential well interference.

Allowance for potential well interference is accomplished by constructing a nonregulated well to anticipate a lowering of the static head of the well which may be caused by interference from a nearby permitted use well.

a. The well must be drilled deep enough to allow for setting the pump at least 10 feet or half the normal pumping drawdown, whichever is greater, below the initial recommended setting depth.
b. If the well draws from an unconfined aquifer, the static water level may drop to half the saturated thickness of the aquifer before well interference is considered, if the calculation in "a" above should indicate a shallower depth. Shallow aquifers that are only slightly confined may be classified as unconfined aquifers for this purpose.
c. Where a well penetrates a confined aquifer, the static water level is protected only to the top of the aquifer if the calculation in "a" above should indicate a deeper level. d. Protected levels for flowing wells will be considered the top of the confined aquifer or 100 feet below the surface, whichever is higher. Flowing wells must be constructed to accommodate a pump capable of supplying a sufficient water supply at protected levels.

The well design also needs to consider drought and reduced well efficiency. (Additional information is contained in 567--Chapter 54.)

A well that is used to withdraw more than 25,000 gallons of water per day requires a water use permit from the Iowa department of natural resources. Upon obtaining such a permit, the well is called a permitted use. If a permitted use exists prior to the construction of a well without a water use permit, no compensation for well interference will be allowed unless a significant change in the permitted use occurs. A physical change to withdrawal facilities may be considered a significant change to a permitted use (e.g., moving the withdrawal location, installing a new well, or installing a higher capacity pump). A person desiring to construct a well not requiring a water use permit should first obtain information concerning nearby permitted use wells. The department of natural resources will provide information on permitted use wells upon request.

49.7(4) Access port for measurement of water levels. Permitted use wells shall be equipped with an access port having a minimum diameter of 3/4 inch. The access port shall be fitted with a threaded cap or plug and be located to allow insertion of a steel tape or electric probe into the well for measurement of water levels. When a spool type of pitless adapter is used which obstructs clear access to the water, a 3/4-inch pipe shall be attached to the spool and brought to the surface below the well cap to allow water level measurements. Wells not requiring a water use permit should be constructed with an access port for water level measurement for possible future well interference concerns.

49.7(5) Interconnection of aquifers. There may be local confining beds that serve an important protective function. Permitted use wells shall use casing and grouting to maintain a hydraulic separation between distinct aquifers separated by confining intervals. Extreme caution should be exercised in the construction of non-permitted use wells if allowing the well to connect aquifers across confining intervals, particularly in areas where that would open the aquifer to surficial contamination, i.e., in areas where the upper rock unit is unconfined or contains less than 40 feet of unconsolidated materials. The administrative authority shall be consulted for possible local regulations when interconnection of aquifers across confining intervals is anticipated.

567--49.8(455B) Types of well construction.

49.8(1) Drilled wells.

a. Drilled wells in unconsolidated materials.

(1) Depth. In no case shall less than 20 feet of permanent casing be installed in wells drilled in unconsolidated materials. If the alluvial aquifer where the water is to be drawn from is covered by less than 40 feet of low permeability materials, the well screen shall be set at the bottom of the water-bearing aquifer or at least 60 feet from the surface. (Deeper depths may be required if nitrate contamination is excessive.) If more than 40 feet of low permeability materials are present above the aquifer, the casing shall extend down at least to the top of the aquifer.

(2) Grouting. Grout shall be placed to a minimum depth of 40 feet or along the full length of the casing where less than 40 feet of casing is set. Grouting the full length of the casing below 40 feet may be necessary to isolate any contaminated water lenses or aquifers. If a layer of low permeability material at least 5 feet thick is encountered less than 40 feet from the surface, the grout may be terminated no less than 5 feet below the top of this low permeability material, but in no case less than 20 feet from the ground surface. Grout must be placed in accordance with 49.9(3), except when driving casing. When driving casing a #8 mesh bentonite or bentonite grout must be maintained around the outside of the casing. The bottom of driven casing must be equipped with a drive shoe.

(3) Annular space. The diameter of the borehole shall be at least 3 inches greater than the outside diameter of the well casing to the minimum grouting depth. When steel well casing pipe is installed using percussion methods, the annular space shall be at least 5 inches greater than the outside diameter of the well casing to a minimum depth of 25 feet.

(4) If the depth of casing is greater than 40 feet, the annular space below 40 feet may be filled with heavy drilling fluid taken from the borehole as long as the top 40 feet of annular space is properly grouted. In this case, the annular space below 40 feet shall be kept as small as possible to avoid settling.

b. Drilled wells in consolidated material.

(1) Minimum casing depth. Casing shall extend to a depth of at least 40 feet and be seated in firm rock. When the uppermost bedrock consists of creviced limestone or dolomite that does not produce water, the casing shall extend through the creviced formation, be seated in firm rock and be properly grouted.

(2) Grouting. For bedrock wells, full-length grouting of the casing is strongly recommended. Grout shall be placed to a minimum depth of 40 feet in accordance with 49.9(3),except when driving casing using percussion or casing-hammer/rotary drilling. When driving casing, #8 mesh bentonite or bentonite grout must be maintained around the outside of the casing. The bottom of driven casing must be equipped with a drive shoe. If a layer of low permeability material at least 5 feet thick is encountered less than 40 feet from the surface, the grout may be terminated no less than 5 feet below the top of this low permeability material, but in no case less than 20 feet from the ground surface. Where local conditions warrant, the administrative authority may require more extensive grouting to protect any aquifer(s) that are penetrated.

(3) Annular space. The borehole shall be at least 3 inches greater than the outside diameter of the well casing for the upper 40 feet or the minimum grouting depth. When steel casing pipe is installed using percussion, or casing-hammer/rotary methods, the annular space shall be at least 5 inches greater than the outside diameter of the well casing to a minimum depth of 25 feet. When bedrock wells are full-length pressure-grouted through the casing, the borehole diameter shall be 3 inches larger than the outside diameter of the casing for the minimum depth of at least 25 feet.

(4) If the depth of casing is greater than 40 feet, the annular space below 40 feet may be filled with heavy drilling fluid taken from the borehole as long as the top 40 feet of annular space is properly grouted. In this case, the annular space below 40 feet shall be kept as small as possible to avoid settling.

(5) In fractured rock, where circulation of slurry cannot be maintained, grouting may be done with bentonite chips. The chips shall be hydrated with one gallon of water per bag of bentonite.

49.8(2) Bored and augered wells in unconsolidated materials. For bored or augered wells with concrete or clay tile casings at least 18 inches in diameter, buried-slab construction is required.

a. Casing. The concrete or vitrified clay pipe casing shall be terminated not less than 10 feet below ground surface and extend to a minimum depth of 20 feet. The casing shall be fitted with a reinforced concrete or steel plate into which a watertight steel or thermoplastic casing is firmly imbedded in or connected to a pipe cast or welded into the plate. This casing shall be at least 5 inches in diameter and shall extend from the plate to not less than 12 inches above established grade or the 100-year flood level, whichever is higher. A pitless adapter shall be installed below frost depth on the newly installed plastic or steel casing.

b. Backfilling annular space. A 12-inch grout seal shall be poured over and around the plate. The annular space between the steel or thermoplastic casing and the borehole shall be backfilled with clean compacted soil free of debris or large organic material. During the backfilling process, the earth shall be thoroughly tamped to minimize settling. Grading around the well shall then be accomplished in accordance with subrule 49.7(2).

49.8(3) Driven and direct push wells. Sandpoint wells are typically constructed in sandy areas with a high water table. Groundwater in these areas is often susceptible to contamination. This type of construction is not recommended for potable water supply. Sandpoint wells shall meet the requirements of this chapter except for casing depth and grouting requirements.

49.8(4) Flowing artesian wells. Drilling operations shall extend into but not through the formation confining the water. The casing shall then be installed and the annular space full-length pressure-grouted and allowed to set. After the grout is set, the drill hole shall be extended into the confined water-bearing formation. Flow control from the well shall be provided by valved pipe connections or a receiving tank set at an altitude corresponding to that of the artesian head. Under no circumstances shall the water flow uncontrolled to waste. A direct connection between the discharge pipe and a receiving tank, sewer, or other source of contamination is prohibited.

567--49.9(455B) Material standards. All materials utilized in well water construction shall conform to the standards of the American Water Works Association (AWWA), the American Petroleum Institute (API), the American Society for Testing and Materials (ASTM), and the National Ground Water Association (NGWA) except as modified by these standards.

49.9(1) Water well casing.

a. Steel well casing and couplings.

(1) Steel well casing pipe shall have the dimensions and weights specified in Table 49.9(1)"a"(4). Well casing pipe shall be new steel pipe meeting one of the following standards:

1. ASTM A 53-96,

2. ASTM A 106-95,

3. ASTM A 589-95a - Type I, II or III,

4. API 5CT (5th Edition, 4/1/95),

5. API 5D (3rd Edition, 8/1/92), or

6. API 5L (41st Edition, 4/1/95).

(Copies of these standards are available for inspection at the Des Moines office of the department of natural resources rec-ords center or may be obtained for personal use from the American Society for Testing and Materials, 100 Barr Harbor Drive, West Conshohocken, Pennsylvania 19428-2959, or the American Petroleum Institute, 1220 L Street NW, Washington, DC 20005.)

(2) Each length of casing shall be legibly marked in accordance with API or ASTM marking specifications showing the manufacturer's or processor's name or trademark, size in inches, weight in pounds per foot, whether seamless or welded (type of weld) and the API or ASTM specification or trade monogram.

(3) All casing pipe joints shall be watertight welded construction or threaded couplings.

(4) Minimum casing pipe and coupling weights and dimensions are as follows:

b. Thermoplastic casing and couplings.

(1) Materials. Thermoplastic well casing pipe and couplings shall be new polyvinyl chloride (PVC) or acrylonitrile-butadiene-styrene (ABS) material produced to and meeting the ASTM F 480 standard and shall have a standard dimension ratio (SDR) of 21, 17, or 13.5, a dimension ratio (DR) of 18 or 14, or a schedule 40 or 80 rating depending upon the specification. Styrene-rubber thermoplastic well casing pipe, including ASTM F 480, may not be used.

(2) Potable water standards. The thermoplastic well casing pipe, pipe couplings, cement, primer and other components used shall be approved for well casing pipe in potable water supplies by the NSF Standard Number 61 or the health effects portion of Standard Number 14 as they relate to well casing pipe, or an approved equivalent organization.

(3) Markings. Each length of casing shall be legibly marked showing the manufacturer's or processor's name or trademark, size in inches, and the ASTM F 480 specification or trade monogram.

(4) Casing joints. The thermoplastic pipe shall be assembled with either flush-threaded joints, integral-bell,solvent-cemented joints, one-piece solvent-cemented couplings or nonmetallic restrained joint system in a manner according to the specifications in ASTM F 480.

(5) Hydraulic collapse pressure for plastic casing. The following table provides specifications for maximum hydraulic collapse pressure (in feet of water head) to which PVC well casing of different strengths can be installed.

(6) When cement grout is used with thermoplastic casing, the manufacturer's specifications for use shall be followed except in the top 40 feet.

(7) Thermoplastic pipe extending above ground shall be protected from ultraviolet light exposure.

(8) Under no circumstances shall thermoplastic water well casing be driven.

49.9(2) Grouting guides. Casing that is to be grouted shall have a minimum of two sets of centering guides attached to the casing so as to permit the unobstructed flow and deposition of grout.

49.9(3) Grouting. Materials and procedures for grouting shall be as follows:

a. Concrete grout. The mixture, used with bored and augered wells, shall consist of cement, sand aggregate and water, in the proportion of one bag cement (94 lbs.) and an equal volume of aggregate to not more than six gallons of clean water. Concrete grout shall not be used below the water table. Admixtures to reduce permeability or control setting time must meet ASTM Standard C 494-92. Concrete grout may be used with permission of the administrative authority where large void spaces need to be filled.

b. Neat cement grout. The mixture shall consist of one bag of cement (94 lbs.) to not more than six gallons of clean water. Admixtures to reduce permeability or control setting time must meet ASTM Standard C 494-92.

c. Bentonite grout. This is a mixture of water and commercial sodium-bentonite clay manufactured for the purpose of water well grouting. Mixing shall be per manufacturer's specifications. Sodium-bentonite mixtures that have high viscosity but contain less than 10 percent solids are designed for drilling purposes and shall not be used as grout. Organic polymers used in grout mixtures must meet NSF Standard 60.

d. Exclusion. Drilling fluids and cuttings may not be used as grouting material to satisfy the minimum grouting requirements.

e. Application. Grouting shall be performed by pumping the mixture into the annular space from the bottom upward through the casing or through a tremie pipe until theannular space is filled. Grouting shall be done in one continuous operation, if possible. The bottom of the tremie pipe must remain submerged in grout while grouting.

f. Exceptions. The exceptions to this method of appli-cation are the use of buried-slab, percussion, or casing-hammer/rotary methods to construct a well. The proper grouting methods for these types of wells are specified in 49.8(1) and 49.8(2). Another exception is where dry bentonite is required because circulation cannot be maintained as described in 49.8(1)"b"(5).

49.9(4) Pitless adapters and pitless units.

a. Pitless adapters and pitless units conforming to Pitless Adapter Standard - 97 as promulgated by the Water Systems Council are considered as complying with these regulations. A copy of this standard is available for inspection at the Des Moines office of the department of natural resources records center or may be obtained for personal use from the Pitless Adapter Division, Water Systems Council, 800 Roosevelt Road, Bldg. C, Suite 20, Glen Ellyn, Illinois 60137.

b. A pitless subsurface pipe connection to a well casing pipe shall be made with a weld-on, clamp-on, or bolt-on pitless adapter or weld-on or threaded pitless unit. Above-ground discharge pitless adapters are prohibited.

c. Grouting pitless adapters and pitless units. After connecting a pitless adapter or unit, the area surrounding the unit must be uniformly filled with dry bentonite.

d. If the pitless adapter is gasketed, the opening in the casing shall be sawed, to the diameter recommended by the manufacturer, with a hole saw and not cut with a torch. The pitless adapter used shall have the correct curvature to fit the diameter of the casing.

567--49.10(455B) Rehabilitation or reconstruction. All well rehabilitation or reconstruction must meet the requirements of this chapter. If the well feature needingrehabilitation/reconstruction cannot be brought into compliance with these rules, the well must be properly plugged.

49.10(1) Installing a liner. If the rehabilitation/reconstruction will involve the placement of a liner, the certified well contractor must then determine whether the proposed rehabilitation/reconstruction is to be done to correct a health-related problem. The work to be performed must then be done in accordance with paragraph "a" or "b" below.

a. Standards for installation of a liner to correct a health-related problem.

(1) The liner shall have a minimum of two sets of centering guides to allow the proper placement of grout. In no case shall the liner be driven into place.

(2) The liner shall extend to the ground surface or top of the pitless adapter.

(3) The annular space between the old casing and the liner shall be pressure-grouted in place throughout its entire length using an approved grout.

b. Standards for installation of a liner to correct a problem that is not health-related.

(1) The liner shall extend at least ten feet above the static water level or, if a caving zone is present, shall extend above this region.

(2) The liner may be pressure grouted in place if there is a sufficient annular space for proper application of the grout.

c. Liner material standards. Liners must meet well casing standards as defined in 49.9(1). Liners may be composed of either steel or thermoplastic with a minimum inside diameter of 4 inches. Steel liners must be new and have a minimum wall thickness of .188 inches. Plastic liners must have a standard dimension ratio of 26 or less or a schedule rating of SCH 40 or SCH 80. If the installation does not meet the definition of a liner, then casing material shall be used.

49.10(2) Reserved.

567--49.11(455B) Disposal of drilling mud. Drilling fluid and mud remaining after construction of a well shall not be disposed of in a stream or storm sewer nor shall these materials be discharged into a sanitary sewer without permission of the owner and operator of the wastewater treatment facility.

567--49.12(455B) Water distribution systems.

49.12(1) Pump house appurtenances. When pump houses are utilized, they shall be constructed above established grade permitting access to the well and pump for maintenance and repair. The pump room shall be provided with an independent floor drain that discharges to ground surface. The outside opening of this drain line shall be fitted with a brass, bronze or copper 16-mesh screen to exclude the entrance of pests.

49.12(2) Pump house floors. The top of the well casing shall terminate at least 12 inches above the pump house floor. The pump house floor shall be constructed of concrete that is not less than 4 inches in thickness and is sloped away from the casing. A watertight seal to provide resiliency shall be provided between the casing and the pump house floor.

49.12(3) Frost pits. Wells are not permitted to be located within frost pits. Frost pits that do not contain wells within are permitted for the purpose of housing pressure tanks and valves, for example, provided they are not located closer than ten feet from any well. Frost pits shall be constructed so as to be weatherproof and vermin-proof and an independent floor drain or a sump pump shall be provided.

49.12(4) Pumps and pumping equipment.

a. General pump installation requirements. The installation of pumps shall be planned and carried out so the pump will be:

(1) Installed so that it and its surroundings are in a sanitary condition;

(2) Properly sized so as to provide the volume of water necessary, where obtainable, for an adequate water supply;

(3) Designed to meet the well characteristics and not exceed the yield of the well except when the available aquifer is low producing;

(4) Installed for operation without priming or breaking suction;

(5) Installed in such manner as to provide adequate protection against contamination of the water supply from any surface or subsurface sources;

(6) Installed in a manner so that it is accessible for maintenance, repair, and removal.

b. Lubrication. Pump motor lubricant or coolant oil shall be USDA- or FDA-approved food contact grade formulations.

c. Well/pump discharge. Every pump shall be installed with an above-ground discharge, an approved subsurface pitless adapter or pitless unit, or an approved subsurface well casing pipe connection.

d. Other power pumps. Other power pumps located over the well shall be mechanically joined to the casing or on a pump foundation or stand in such a manner as to effectively seal the top of the well. A sanitary seal shall be used where the pump is not located over the well, and the pump delivery or suction pipe emerges from the top. If these units are located in a basement, all suction lines shall be elevated at least 12 inches above the floor and shall be encased in a protective galvanized steel pipe.

e. Hand pumps or similar devices. A hand pump, hand pump head, stand, or similar device must have a closed and screened spout, directed downward. The pump must have a concrete slab at least 4 inches thick extending horizontally at least 1 foot in every direction from the well casing and sloped to divert water away from the casing. A watertight seal must be provided between the casing and the slab. A reciprocating pump rod must operate through a stuffing box.

f. Well disinfection after pump installation or repair. Wells must be properly disinfected by the pump installer as described in rule 49.13(455B) after the installation or repair of pumps.

g. Interconnections and cross connections. No connection between a well or boring and another well, boring, water supply system, or contamination source is allowed unless the connection is:

(1) Protected by an air gap;

(2) Protected by a backflow prevention device; or

(3) Between wells or borings that meet the construction standards of this chapter, are used for the same purpose, and have equivalent quality water supply.

49.12(5) Hydropneumatic (pressure) tanks. Pressure tanks should be sized by pump capacity and expected usage. They must be installed in accordance with manufacturers' directions and shall maintain a pressure of at least 15 pounds at highest point usage under normal demand.

49.12(6) Filters and water treatment equipment. Filters and water treatment equipment shall be installed and operated in accordance with manufacturers' directions.

567--49.13(455B) Well disinfection. All new, repaired or rehabilitated wells shall be pumped to waste until the water is free of drilling mud, drill cuttings and sand, and the water is reasonably clear.

Wells shall be disinfected by the contractor following completion of construction and whenever the well seal or cap is removed and work is done within the casing. A chlorine solution such as a sodium or calcium hypochlorite shall be used. Chlorine compounds having special additives shall not be used.

49.13(1) The disinfectant shall be dispersed throughout the entire water column in the well. The disinfectant shall also be brought into contact with the inside of the well casing pipe above the static water level.

49.13(2) The disinfectant shall remain in the well for a minimum of two hours if a concentration of at least 100 mg/l chlorine is achieved, or a minimum of 24 hours if at least 50 mg/l is achieved.

49.13(3) For emergency situations, a contact time of a minimum of 30 minutes shall be provided at a chlorine concentration of at least 200 mg/l.

49.13(4) The amount of HTH or household bleach required for a chlorine concentration of 200 mg/l is given in the following table:

49.13(5) The disinfectant shall be introduced into the well in a solution of disinfectant and water. The solution shall contain not more than eight ounces of disinfectant per five gallons of water. In no case shall pressed pellets of disinfectant, when used for shock chlorination, be introduced directly into the well without first being dissolved.

567--49.14(455B) Water sampling and analysis.

49.14(1) In all pressure water systems, provision shall be made for collection of water samples directly from the well by installation of a sampling faucet before the pressure tank, and prior to encountering any water treatment equipment. The sampling faucet shall be installed at least 12 inches above the floor, have a downturned spout and be in an accessible location. All sample faucets shall be metal and have a smooth (nonthreaded) outlet.

49.14(2) The owner of a new, repaired, or rehabilitated well shall be responsible for submitting a water sample to a certified laboratory for coliform bacteria and nitrate analysis. The water sample shall be collected at least 10 days and not more than 30 days after a well is put into service following the construction, repair, or rehabilitation. The analysis results shall be submitted to the administrative authority.

49.14(3) If the water sample analysis detects presence of bacteria, the disinfection procedure described in rule 49.13(455B) shall be repeated.

567--49.15(455B) Abandonment of wells. Abandoned wells are a contamination hazard to the water-bearing formation as well as a physical hazard for people.

49.15(1) Plugging rules. Abandoned wells shall be properly plugged as required in 567--Chapter 39.

49.15(2) Waste disposal prohibition. Under no circumstances shall abandoned wells be used for the disposal of debris, solid waste, septic tank sludge or effluents, or for any other type of unauthorized disposal of waste materials, or as a receptacle for field tile drainage.

567--49.16(455B) Closed circuit vertical heat exchangers. These provisions apply to closed circuit vertical heat exchanger construction.

49.16(1) Piping used must be 160 psi pressure-rated high-density polyethylene or polybutylene.

49.16(2) Connection to piping must use socket fusion or butt fusion joining methods.

49.16(3) Piping must be pressure-tested with air or potable water for 15 minutes at a pressure of 1.5 times the system operating pressure after installation in the borehole.

49.16(4) The annular space between the vertical heat exchanger piping and the borehole must be grouted as required in 49.9(3) using an approved grouting method and material. Grout shall be placed at least in the top 40 feet. Any confining layers between aquifers shall be replaced with grout. Grouting must be performed within 24 hours of completion of the borehole.

49.16(5) Only food-grade or USP-grade propylene glycol or calcium chloride may be used as heat transfer fluid. Any other materials or additives must be NSF-approved for drinking water applications. A permanent sign must be attached to the heat pump specifying that only approved heat transfer fluids must be used.

49.16(6) A flow measurement device must be installed on each system.

49.16(7) Water make-up lines to the vertical heat exchanger must be protected with a backflow prevention device.

These rules are intended to implement Iowa Code chapter 455B.

ITEM 2. Amend subrule 60.3(2) by adding the following new paragraph "j":

j. Notice of intent for coverage under NPDES General Permit No. 4 "Discharge from On-Site Wastewater Treatment and Disposal Systems."

ITEM 3. Amend subrule 64.3(4), paragraph "b," by adding the following new subparagraph (5):

(5) For any private sewage disposal system installed after July 1, 1998, where subsoil discharge is not possible.

ITEM 4. Amend subrule 64.4(2), paragraph "a," by adding the following new subparagraph (2):

(2) Private sewage disposal system discharges permitted under IAC 567--Chapter 69 where subsoil discharge is not possible as determined by the administrative authority.

ITEM 5. Amend subrule 64.6(1), paragraph "a," by adding the following new subparagraph (4):

(4) General Permit No. 4 "Discharge from On-Site Wastewater Treatment and Disposal Systems," Form 542-1541, containing the following information:

1. The owner's name, address, and telephone number.

2. The location of the system.

3. The type of secondary treatment system from which the discharge originates.

ITEM 6. Amend subrule 64.6(1), paragraph "c," by adding the following new subparagraph (4):

(4) General Permit No. 4 "Discharge from On-Site Wastewater Treatment and Disposal Systems." There are no public notification requirements for this general permit.

ITEM 7. Amend 567--64.15(455B) by adding the following new subrule:

64.15(4) "Discharge from On-Site Wastewater Treatment and Disposal Systems," NPDES Permit No. 4, effective July 1, 1998, to July 1, 2003.

ITEM 8. Amend subrule 64.16(3), paragraph "a," by adding the following new subparagraph (4):

(4) "Discharge from On-Site Wastewater Treatment and Disposal System," NPDES Permit No. 4. No fees shall be assessed.

ITEM 9. Rescind 567--Chapter 69 and adopt the following new chapter in lieu thereof:

69.1(1) Applications. These rules are applicable only to on-site wastewater treatment and disposal systems.

69.1(2) Definitions.

"Administrative authority" is the local board of health as authorized by Iowa Code section 455B.172 and 567--Chapter 137.

"Approved" means accepted or acceptable under an applicable specification stated or cited in these rules, or accepted as suitable for the proposed use by the administrative authority.

"Area drain" means a drain installed to collect surface or storm water from an open area of a building or property.

"Building drain" is that part of the lowest horizontal piping of a house drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of any building and conveys the same to the building sewer.

"Building sewer" is that part of the horizontal piping from the building wall to its connection with the main sewer or the primary treatment portion of an on-site wastewater treatment and disposal system conveying the drainage of one building site.

"Chamber system" is a buried structure, typically with a domed or arched top, providing at least a six-inch height of sidewall soil exposure, creating a covered open space above a buried soil infiltrative surface.

"Conventional" when used in reference to sewage treatment means a soil absorption system involving a series of two foot wide trenches filled with gravel one foot deep, containing a four-inch diameter rigid pipe to convey the sewage effluent.

"Distribution box" is a structure designed to accomplish the equal distribution of wastewater to two or more soil absorption trenches.

"Drainage ditch" is any watercourse meeting the classification of a "general use segment" under rule 567--61.3(455B) which includes intermittent watercourses and those watercourses which typically flow only for short periods of time following precipitation in the immediate locality and whose channels are normally above the water table.

"Drip irrigation" is a form of subsurface soil absorption using shallow pressure distribution with low-pressure drip emitters.

"Drop box" is a structure to divert wastewater flow into a soil absorption trench until the trench is filled to a set level, then allow any additional waste, which is not absorbed by that trench, to flow to the next drop box or soil absorption trench.

"Dwelling" means any house or place used or intended to be used by humans as a place of residence.

"Fill soil" means clean soil, free of debris or large organic material, which has been mechanically moved onto a site and has been in place for less than one year.

"Foundation drain" means that portion of a building drainage system provided to drain groundwater from the outside of the foundation or over or under the basement floor not including any wastewater and not connected to the building drain.

"Free access filter (open filter)" means an intermittent sand filter constructed within the natural soil or above the ground surface with access to the distributor pipes and top of the filter media for maintenance and media replacement.

"Gravel" means stone screened from river sand or quarried. Concrete aggregate designated as Class II by the department of transportation is acceptable.

"Gravelless pipe system" means an absorption system comprised of large diameter (8 and 10 inches) corrugated plastic pipe, perforated with holes on a 120-degree arc centered on the bottom, wrapped in a sheath of geotextile filter wrap and installed level in a trench without gravel bedding or cover.

"Individual mechanical aerobic wastewater treatment system" means an individual wastewater treatment and disposal system employing bacterial action which is maintained by the utilization of air or oxygen and includes the aeration plant and equipment and the method of final effluent disposal.

"Intermittent sand filters" are beds of granular materials 24 to 36 inches deep underlain by graded gravel and collecting tile. Wastewater is applied intermittently to the surface of the bed through distribution pipes or troughs and the bed is underdrained to collect and discharge the final effluent. Uniform distribution is normally obtained by dosing so as to flood the entire surface of the bed. Filters may be designed to provide free access (open filters), or may be buried in the ground (buried filters or subsurface sand filters).

"Lake" means a natural or man-made impoundment of water with more than one acre of water surface area at the high water level.

"Limiting layer" means bedrock, seasonally high groundwater level, or any layer of soil with a stabilized percolation rate exceeding 60 minutes for the water to fall one inch.

"Mound system" is an alternative aboveground system used to absorb effluents from septic tanks in cases where either seasonally high water table, high bedrock conditions, slowly permeable soils or limited land areas prevent conventional subsurface absorption systems.

"On-site wastewater treatment and disposal system" means all equipment and devices necessary for proper conduction, collection, storage, treatment, and disposal of wastewater from four or fewer dwelling units or other facility serving the equivalent of 15 persons (1,500 gpd) or less. This includes domestic waste whether residential or nonresidential but does not include industrial waste of any flow rate. Included within the scope of this definition are building sewers, septic tanks, subsurface absorption systems, mound systems, sand filters, constructed wetlands and individual mechanical/aerobic wastewater treatment systems.

"Percolation test" is a falling water level procedure used to determine the ability of soils to absorb primary treated wastewater. (See Appendix B.)

"Pond" means a man-made impoundment of water with a water surface area of one acre or less at the high water level.

"Primary treatment" is a unit or system to separate the floating and settleable solids from the wastewater before the partially treated effluent is discharged for secondary treatment.

"Professional soil analysis" is an alternative to the percolation test which depends upon a knowledgeable person evaluating the soil factors, such as color, texture, and structure, in order to determine an equivalent percolation rate. Demonstrated training and experience in soil morphology (testing absorption qualities of soil by the physical examination of the soil's color, mottling, texture, structure, topography and hillslope position) shall be required to perform a professional soil analysis.

"Roof drain" is a drain installed to receive water collecting on the surface of a roof and discharging into an area or storm drain system.

"Secondary treatment system" is a system which provides biological treatment of the effluent from septic tanks or other primary treatment units to meet minimum effluent standards as required in these rules and NPDES General Permit No. 4. Examples include soil absorption systems, sand filters,mechanical/aerobic systems, or other systems providing equivalent treatment.

"Septage" means the liquid contents (including sludge and scum) of a septic tank normally pumped out periodically and transported to another site for disposal.

"Septic tank" is a watertight structure into which wastewater is discharged for solids separation and digestion, referred to as part of the closed portion of the treatment system.

"Sewage wastewater" is the water-carried waste derived from ordinary living processes.

"Sludge" means the digested or partially digested solid material accumulated in a wastewater treatment facility.

"Stream" means any watercourse listed as being a "designated use segment" in rule 567--61.3(455B) which includes any watercourse which maintains flow throughout the year or contains sufficient pooled areas during intermittent flow periods to maintain a viable aquatic community of significance.

"Subsurface absorption system" is a system of perforated conduits connected to a distribution system, forming a series of subsurface, water-carrying channels into which the primary treated effluent is discharged for direct absorption into the soil (referred to as part of the open portion of the treatment system).

"Subsurface sand filter" is a system in which the effluent from the primary treatment unit is discharged into perforated pipes, filtered through a layer of sand, and collected by lower perforated pipes for discharge to the surface or to a subsurface absorption system. A subsurface sand filter is an intermittent sand filter which is placed within the ground and provided with a natural topsoil cover over the crown of the distribution pipes.

"Wastewater management district" means an entity organized in accordance with permitting legislation to perform various specific functions such as planning, financing, construction, supervision, repair, maintenance, operation and management of on-site wastewater treatment and disposal systems within a designated area.

69.1(3) General regulations.

a. Connections to approved sewer system.

(1) No on-site wastewater treatment and disposal system shall be installed, repaired, or rehabilitated where a public sanitary sewer is available or where a local ordinance requires connection to a public system. The public sewer may be considered as not available when such public sewer, or any building or any exterior drainage facility connected thereto, is located more than 200 feet from any proposed building or exterior drainage facility on any lot or premises which abuts and is served by such public sewer. Final determination of availability shall be made by the administrative authority.

(2) When a public sanitary sewer becomes available within 200 feet, any building then served by an on-site wastewater treatment and disposal system shall connect to said public sanitary sewer within a time frame or under conditions set by the administrative authority.

(3) When a public sanitary sewer is not available, every building wherein persons reside, congregate or are employed shall be provided with an approved on-site wastewater treatment and disposal system.

(4) If a building is to be connected to an existing on-site wastewater treatment and disposal system, that existing system shall meet the standards of these rules and be appropriately sized.

b. Discharge restrictions. It is prohibited to discharge any wastewater from on-site wastewater treatment and disposal systems (except under an NPDES permit) to any ditch, stream, pond, lake, natural or artificial waterway, county drain tile, surface water drain tile, land drain tile or to the surface of the ground. Under no conditions shall effluent from on-site wastewater treatment and disposal systems be discharged to any abandoned well, agricultural drainage well or sinkhole. Existing discharges to any of the above-listed locations or structures shall be eliminated by constructing a system which is in compliance with the requirements of these rules.

c. Construction or alteration. All on-site wastewater treatment and disposal systems constructed or altered after the effective date of these rules (May 13, 1998) shall comply with these requirements. Alteration includes any changes that effect the treatment or disposal of the waste. Repair of existing components that does not change the treatment or disposal would be exempt. However, the discharge restrictions in "b" above would always apply.

69.1(4) Permit required. No on-site wastewater treatment and disposal system shall be installed or altered as described in 69.1(3)"c," until an application for a permit has been submitted and a permit has been issued by the administrative authority. The installation shall be in accordance with these rules.

69.1(5) Site analysis.

a. Site evaluation. A site evaluation shall be conducted prior to issuance of a construction permit. Consideration shall be given, but not be limited to, the impact of the following: topography; drainageways; terraces; floodplain; percent of land slope; location of property lines; location of easements; buried utilities; existing and proposed tile lines; existing, proposed and abandoned water wells; amount of available area for the installation of the system; evidence of unstable ground; alteration (cutting, filling, compacting) of existing soil profile; and soil factors determined from a soil analysis, percolation tests and soil survey maps if available.

b. Soil survey reports. During a site analysis and investigation, maximum use should be made of soil survey reports which are available from USDA Natural Resources Conservation Service. A general identification of the percolation potential can be made from soil map units in Iowa. Verification of the soil permeability on the specific site must be performed.

69.1(6) Minimum distances. All on-site wastewater treatment and disposal systems shall be located in accordance with the minimum distances shown in Table I.

⁽²⁾Includes subsurface absorption systems, mound systems, intermittent sand filters, constructed wetlands or waste stabilization ponds.

567--69.2(455B) Requirements when discharged into surface water. All discharges from on-site wastewater treatment and disposal systems which are discharged into any surface water shall be treated in a manner that will conform with the requirements of NPDES General Permit No. 4 issued by the department of natural resources, as referenced in 567--Chapter 64. Prior to the installation of any system discharging to waters of the state, a notice of intent to be covered by NPDES General Permit No. 4 shall be submitted to the department. Systems covered by this permit must meet all applicable requirements listed in the NPDES permit.

567--69.3(455B) Requirements when discharged into the soil. No septage or wastewater shall be discharged into the soil except in compliance with the requirements contained in these rules.

567--69.4(455B) Building sewers.

69.4(1) Location and construction. The types of construction and distances as shown in Table II shall be maintained for the protection of water supplies. The distances shall be considered minimum and increased where possible to provide better protection.

69.4(2) Requirements for building sewers.

a. Type. Building sewers used to conduct wastewater from a building to the primary treatment unit of an on-site wastewater treatment and disposal system shall be constructed of Schedule 40 plastic pipe (or SDR 26 or stronger) with solvent-weld or bell-and-gasket type joints, or cast iron with integral bell-and-gasket type joints.

b. Size. Such building sewers shall not be less than 4 inches in diameter.

c. Grade. Such building sewers shall be laid to the following minimum grades:

4-inch sewer 12 inches per 100 feet

6-inch sewer 8 inches per 100 feet

69.4(3) Cleanouts.

a. Spacing. A cleanout shall be provided where the building sewer leaves the house and at least every 100 feet allowing rodding downstream.

b. Change of direction. An accessible cleanout shall be provided at each change in direction or grade, if the change exceeds 45 degrees.

567--69.5(455B) Primary treatment--septic tanks.

69.5(1) General requirements.

a. Septic tank required. Every on-site wastewater treatment and disposal system, except mechanical-aerobic systems, shall have as a primary treatment unit a septic tank as described in this rule. All wastewater from the facility serviced shall discharge into the septic tank (except as noted in "d" below).

b. Easements. No septic tank shall be located upon property under ownership different from the ownership of that property or lot upon which the wastewater originates unless easements to that effect are legally recorded and approved by the proper administrative authority.

c. Effluent discharge requirements. All septic tank effluent shall discharge into a secondary treatment system in compliance with this rule or other system approved by the administrative authority according to rule 69.18(455B).

d. Prohibited wastes. Septic tanks shall not be used for the disposal of chemical wastes or grease in quantities which might be detrimental to the bacterial action in the tank or for the disposal of drainage from roof drains, foundation drains, or area drains.

69.5(2) Capacity.

a. Minimum capacity. The minimum liquid holding capacity shall be as specified in the following table (capacity may be obtained by using one or more tanks):

up to and including 3-bedroom homes 1,000 gal.

4-bedroom homes 1,250 gal.

5-bedroom homes 1,500 gal.

6-bedroom homes 1,750 gal.

Two hundred fifty gallons of capacity shall be added to each of these tank volumes if a kitchen garbage disposal unit, water softener, or a high volume water use fixture such as a whirlpool bath is to be used.

b. Other domestic waste systems. In the event that any installation serves more than a 6-bedroom home or its equivalent, or serves a facility other than a house and serves the equivalent of 15 persons or less (1,500 gal/day), approval of septic tank capacity and design must be obtained from the administrative authority. Minimum septic tank liquid holding volume shall be two times the estimated daily sewage flow.

c. For wastewater flow rates for nonresidential and commercial domestic waste applications under 1,500 gal/day, refer to Appendix A.

d. Minimum depth. Minimum liquid holding depth in any compartment shall be 40 inches.

e. Maximum depth. Maximum liquid holding depth for calculating capacity of the tank shall not exceed 61/2 feet.

f. Dimensions. The interior length of a septic tank should not be less than 5 feet and shall be at least 11/2 times the width (larger length-to-width ratios are preferred). No tank or compartment shall have an inside width of less than 2 feet. The minimum inside diameter of a vertical cylindrical septic tank shall be 5 feet.

69.5(3) Construction details.

a. Fill soil. Any septic tank placed in fill soil shall be placed upon a level, stable base that will not settle.

b. Compartmentalization. Every septic tank shall be divided into two compartments as follows (compartmentalization may be obtained by using more than one tank):

(1) The capacity of the influent compartment shall not be less than one-half nor more than two-thirds of the total tank capacity.

(2) The capacity of the effluent compartment shall not be less than one-third nor more than one-half of the total tank capacity.

c. Inlet/outlet. The invert of the inlet pipe shall be a minimum of 2 inches and a maximum of 4 inches higher than the invert of the outlet pipe.

d. Baffles. Four-inch-diameter schedule 40 plastic pipe tees shall be used as inlet and outlet baffles. Inlet tees shall extend at least 6 inches above and 8 inches below the liquid level of the tank. The inlet tee shall extend below the liquid level no more than 20 percent of the liquid depth. The outlet tee shall extend above the liquid level a distance of at least 6 inches and below the liquid level a distance of at least 10 inches but no more than 25 percent of the liquid depth. A minimum clearance between the top of the inlet and outlet tees and the bottom of the tank lid of 2 inches shall be provided. A horizontal separation of at least 36 inches shall be provided between the inlet baffle and the outlet baffle in each compartment.

A horizontal slot 4 inches by 6 inches, or two suitably spaced 4-inch-diameter holes in the tank partition, may be used instead of a tee or baffle, the top of the slot or holes to be located below the water level a distance of one-third the liquid depth. A ventilation hole or slot shall be provided in the partition, at least 8 inches above the liquid level.

e. Access. Access must be provided to all parts of septic tanks necessary for adequate inspection, operation, and maintenance.

An access opening shall be provided at each end of the tank over the inlet and outlet. These openings shall be at least 18 inches in the smallest dimension if the tank has no other openings. Alternatively, a single opening at least 24 inches in diameter may be provided at the center of the tank allowing access to both compartments, with two smaller openings at least 6 inches in diameter over both inlet and outlet.

If the top of the tank is to be greater than 12 inches below the finished ground surface, a riser at least 24 inches in diameter must be installed over each manhole of 18 inches in diameter or more to bring the top of the manhole lid to within 6 inches of the finished ground surface.

69.5(4) Construction.

a. Materials. Tanks shall be constructed of poured concrete or plastic resistant to corrosion or decay and designed so that they will not collapse or rupture when subjected to anticipated earth and hydrostatic pressures when the tanks are either full or empty. Metal tanks are prohibited.

b. Dividers. Tank divider walls and divider wall supports shall be constructed of heavy, durable plastic, fiberglass, concrete or other similar corrosion-resistant materials approved by the administrative authority.

c. Inlet and outlet ports. Inlet and outlet ports of pipe shall be constructed of heavy, durable schedule 40 PVC plastic sanitary tees or other similar approved corrosion-resistant material.

69.5(5) Wall thickness. Minimum wall thickness for tanks shall conform to the following specifications:

Poured concrete 6 inches thick

Poured concrete, reinforced 4 inches thick

Special concrete mix, vibrated
and reinforced 2.5 inches thick

Fiberglass or plastic .25 inches thick

69.5(6) Concrete specifications. Concrete used in precast septic tank construction shall have a maximum water-to-cement ratio of 0.45. Cement content shall be at least 650 pounds per cubic yard. Minimum compressive strength (f `_c) shall be 4,000 psi (28 Mpa) at 28 days of age. The use of ASTM C150 Type II cement or the addition of silica fume or Class F fly ash is recommended.

69.5(7) Tank bottoms. Septic tank bottoms shall conform to the specifications set forth for septic tank walls except special mix concrete shall be at least 3 inches thick.

69.5(8) Tank tops. Concrete or masonry septic tank tops shall be a minimum of 4 inches in thickness and reinforced with 3/8-inch reinforcing rods in a 6-inch grid or equivalent. Fiberglass or plastic tank tops shall be a minimum of 1/4 inch in thickness and shall have reinforcing and be of ribbed construction.

69.5(9) Reinforcing steel placement. The concrete cover for reinforcing bars, mats, or fabric shall not be less than 1 inch.

69.5(10) Bedding. Fiberglass or plastic tanks shall be bedded according to manufacturer's specifications. Provisions should be made to prevent flotation when the tanks are empty.

69.5(11) Connecting pipes.

a. Minimum diameter. The pipes connecting septic tanks installed in series and at least the first 5 feet on the effluent side of the last tank shall be a minimum of 4-inch diameter schedule 40 plastic.

b. Tank connections. All inlet and outlet connections at the septic tanks shall be made by self-sealing gaskets cast into the concrete or formed into the plastic or fiberglass.

c. Joints. All joints in connecting schedule 40 plastic pipe shall be approved plastic pipe connections such assolvent-welded or compression-type gaskets.

d. Pipe in unstable ground. Schedule 40 plastic pipe shall be used extending across excavations or unstable ground to at least 2 feet beyond the point where the original ground has not been disturbed in septic tank installations. If the excavation spanned is more than 2 feet, it must be filled with sand or compacted fill to provide a firm bed for the pipe. The first 12 inches of backfill over the pipe shall be applied in thin layers using material free from stones, boulders, large frozen chunks of earth or any similar material that would damage or break the pipe.

567--69.6(455B) Secondary treatment--subsurface absorption systems. Soil absorption systems are the best available treatment technology and shall always be used where possible.

69.6(1) General requirements.

a. Locations. All subsurface absorption systems shall be located on the property to maximize the vertical separation distance from the bottom of the absorption trench to the seasonal high groundwater level, bedrock, hardpan or other confining layer, but under no circumstances shall this vertical separation be less than 3 feet.

b. Soil evaluation. A percolation test or professional soil analysis is required before any soil absorption system is installed.

(1) Percolation test. The percolation test procedure is outlined in Appendix B.

(2) Alternative analysis. If a professional soil analysis is performed, soil factors such as soil content, color, texture, and structure shall be used to determine a percolation rate.

(3) Acceptable percolation rate. An area is deemed suitable for conventional soil absorption if the average percolation test rate is 60 minutes per inch or less and greater than 1 minute per inch. However, if an alternative type system is proposed (e.g., mound), then the percolation test should be extended to determine whether a percolation rate of 120 minutes per inch is achieved.

(4) Confining layer determination. An additional test hole 6 feet in depth or to rock, whichever occurs first, shall be provided in the center of the proposed absorption area to determine the location of groundwater, rock formations or other confining layers. This 6-foot test hole may be augered the same size as the percolation test holes or may be made with a soil probe.

c. Groundwater. If seasonal high groundwater level is present within 3 feet of the trench bottom final grade and cannot be successfully lowered by subsurface tile drainage, the area shall be classified as unsuitable for the installation of a standard subsurface absorption system. Consult the administrative authority for an acceptable alternative method of wastewater treatment.

d. Site limitations. In situations where specific location or site characteristics would appear to prohibit normal installation of a soil absorption system, design modifications may be approved by the administrative authority which could overcome such limitations. Examples of such modifications could be the installation of subsurface drainage, use of shallow or at-grade trenches, use of dual soil treatment areas, mound system or water conservation plans.

e. Prohibited drainage. Roof, foundation and storm drains shall not discharge into or upon subsurface absorption systems. Nothing shall enter the subsurface absorption system which does not first pass through the septic tank.

f. Prohibited construction. There shall be no construction of any kind, including driveways, covering the septic tank, distribution box or absorption field of an on-site wastewater treatment and disposal system. Vehicle access should be infrequent, primarily limited to vegetation maintenance.

g. Driveway crossings. Connecting lines under driveways shall be constructed of schedule 40 plastic pipe or equivalent, and shall be protected from freezing.

h. Easements. No wastewater shall be discharged upon any property under ownership different from the ownership of the property or lot upon which it originates unless easements to that effect are legally recorded and approved by the administrative authority.

69.6(2) Trench length requirements.

a. Percolation charts. Table IIIa specifies lineal feet of lateral trenches required in accordance with the results of the standard percolation tests. Tables IIIb and IIIc list optional methods for determining length of lateral trenches or sizing of absorption beds. The alternative option for increased rock usage (Table IIIb) shall be used only when the size of lots limits the use of trench lengths prescribed in Table IIIa. Absorption beds (Table IIIc) shall not be used except when the lot size limitations preclude the installation of a lateral trench system. Further details concerning limitations of these two alternatives should be obtained from the administrative authority prior to requesting authorization for installation.

b. Unsuitable absorption. Conventional subsurface soil absorption trenches shall not be installed in soils that have a percolation rate less than 1 minute per inch or greater than 60 minutes per inch. Plans for an alternative method of wastewater treatment shall be submitted to the administrative authority for approval prior to construction.

⁽²⁾For soils having more than 50 percent of very fine sand by weight, plus fine sand having a particle size range of 0.05 millimeters (sieve size 270) to 0.25 millimeters (sieve size 60), the 16-30 min. per inch values shall be used when gravelless pipe is installed.

69.6(3) Construction details. (All soil absorption trenches.)

a. Depth. Lateral trenches shall not exceed 36 inches in depth unless authorized by the administrative authority, but a more shallow trench bottom depth of 18 to 24 inches is recommended. Not less than 6 inches of porous soil shall be provided over the laterals. Minimum separation between trench bottom and groundwater, rock formation or other confining layers shall be 36 inches even if extra rock is used under the pipe.

b. Length. No lateral absorption trench shall be greater than 100 feet long.

c. Separation distance. At least 6 feet of undisturbed soil shall be left between each trench edge on level sites. The steeper the slope of the ground, the greater the separation distance should be. Two feet of separation distance should be added for each 5 percent increase in slope from level.

d. Grade. Trench bottom should be constructed level from end to end. On sloping ground, the trench shall follow a uniform land contour to maintain a minimum soil cover of 6 inches while ensuring a level trench bottom.

e. Compaction. There shall be minimum use or traffic of heavy equipment on the area proposed for soil absorption. In addition, it is prohibited to use heavy equipment on the bottom of the trenches in the absorption area.

f. Fill soil. Soil absorption systems shall not be installed in fill soil. Disturbed soils which have stabilized for at least one year would require a recent percolation test.

g. Bearing strength. Soil absorption systems shall be designed to carry loadings to meet AASHTO H-10 standards.

h. Soil smearing. Soils with significant clay content should not be worked when wet. If soil moisture causes sidewall smearing, the trench bottom and sidewalls shall be scar-ified.

69.6(4) Gravel systems.

a. Gravel. A minimum of 6 inches of clean, washed river gravel, free of clay and clay coatings, shall be laid below the distribution pipe, and enough gravel shall be used to cover the pipe. This gravel shall be of such a size that 100 percent will pass a 21/2-inch screen and 100 percent will be retained on a 3/4-inch screen. Limestone or crushed rock is not recommended for soil absorption systems. If used it shall meet the following criteria:

(1) Abrasion loss. The percent wear, as determined in accordance with the AASHTO T 96, Grading C, shall not exceed 40 percent.

(2) Freeze and thaw loss. When subjected to the freezing and thawing test, Iowa DOT Materials Laboratory Test Method 211, Method A, the percentage loss shall not exceed 10 percent.

(3) Absorption. The percent absorption, determined in accordance with Iowa DOT Materials Laboratory Test Method 202, shall not exceed 3 percent.

(4) Gradation. The aggregate shall have not more than 1.5 percent by weight pass a No. 16 sieve.

b. Trench width. Lateral trenches for gravel systems shall be a minimum of 24 inches and a maximum of 36 inches in width at the bottom of the trench.

c. Grade. The distribution pipes shall be laid with a minimum grade of 2 inches per 100 feet of run and a maximum grade of 6 inches per 100 feet of run, with a preference given to the lesser slope.

d. Pipe. Distribution pipe shall be PVC rigid plastic meeting ASTM Standard 2729, or other suitable material approved by the administrative authority. The inside diameter shall be not less than 4 inches, with perforations at least 1/2 inch and no more than 3/4 inch in diameter spaced no more than 40 inches apart. Two rows of perforations shall be provided located 120 degrees apart along the bottom half of the tubing (each 60 degrees up from the bottom centerline). The end of the pipe in each trench shall be sealed with a watertight cap unless, on a level site, a footer is installed connecting the trenches together. Coiled perforated plastic pipe shall not be used when installing absorption systems.

e. Gravel cover. Unbacked, rolled, 31/2-inch-thick fiberglass insulation, untreated building paper, synthetic drainage fabric, or other approved material shall be laid so as to separate the gravel from the soil backfill.

69.6(5) Gravelless pipe systems.

a. Application. Gravelless subsurface absorption systems may be used as an alternative to conventional 4-inch pipe placed in gravel-filled trenches. However, they cannot be used in areas where conventional systems would not be allowed due to poor permeability, high groundwater, or insufficient depth to bedrock.

b. Installation. Manufacturer's specifications and installation procedures shall be adhered to.

c. Material. The 8- and 10-inch I.D. corrugated polyethylene tubing used in gravelless systems shall meet the requirements of ASTM F667, Standard Specification for Large Diameter Corrugated Polyethylene Tubing.

d. Perforations. Two rows of perforations shall be located 120 degrees apart along the bottom half of the tubing (each 60 degrees up from the bottom centerline). Perforations shall be cleanly cut into each inner corrugation along the length of the tubing and should be staggered so that there is only one hole in each corrugation.

e. Top marking. The tubing should be visibly marked to indicate the top of the pipe.

f. Filter wrap. All gravelless drainfield pipe shall be encased, at the point of manufacture, with a geotextile filter wrap specific to this purpose.

g. Trench width. If dug with a backhoe, the minimum trench width for the gravelless system shall be 18 inches in sandy loam soil to ensure proper backfill around the bottom half of the pipe. In clay soils, the minimum trench width shall be 24 inches. If the pipe is laid in with a wheel trencher leaving a curved trench bottom, the trench width may be just 2 inches wider than the outside diameter of the pipe.

h. Length of trench. The total length of absorption trench for a 10-inch gravelless tubing installation shall be the same as given in Table IIIa for a conventional absorption trench, except for fine sandy soils as noted in Table IIIa footnote. An increase of at least 20 percent in total trench length shall be required if 8-inch tubing is used rather than 10-inch.

69.6(6) Chamber systems.

a. Application. Chamber systems may be used as an alternative to conventional 4-inch pipe placed in gravel-filled trenches. However, they cannot be used in areas where conventional systems would not be allowed due to poor permeability, high groundwater, or insufficient depth to bedrock.

b. Installation. Manufacturer's specifications and in-stallation procedures shall be closely adhered to.

c. Length of trench. The total length of absorption trench for chambers 24 inches or less in bottom width shall be the same as given in Table IIIa for a conventional absorption trench. For chambers greater than 33 inches in width a reduction of 25 percent from the lengths given in Table IIIa may be used.

d. Sidewall. The chambers shall have at least 6 inches of sidewall effluent soil exposure height.

69.6(7) Gravity distribution. Dosing is always recommended and preferred to improve distribution, improve treatment and extend the life of the system.

a. On a hillside, septic tank effluent may be serially loaded to the soil absorption trenches by drop boxes or overflow piping (rigid sewer pipe). Otherwise, effluent shall be distributed evenly to all trenches by use of a distribution box or commercial distribution regulator approved by the administrative authority.

b. Design. When a distribution box is used, it shall be of proper design and installed with separate watertight headers leading from the distribution box to each lateral. Header pipes shall be rigid PVC plastic pipe meeting ASTM Standard 2729 or equivalent.

c. Outlets height. The distribution box shall have outlets at the same level at least 4 inches above the bottom of the box to provide a minimum of 4 inches of water retention in the box.

d. Baffles. There shall be a pipe tee or baffle at the inlet to break the water flow.

e. Unused outlets. All unused outlet holes in the box shall be securely closed.

f. Interior coating. All distribution boxes shall be constructed of corrosion-resistant rigid plastic materials, or other corrosion-resistant material approved by the administrative authority.

g. Outlets level. All outlets of the distribution box shall be made level. A 4-inch cap with an offset hole approximately 21/2 inches in diameter shall be installed on each outlet pipe. These caps shall be rotated until all outlets discharge at the same elevation. Equivalent leveling devices may be approved by the local authority.

h. Equal length required. The soil absorption area serviced by each outlet of the distribution box shall be equal.

69.6(8) Dosing systems.

a. Pump systems.

(1) Pump and pit requirements. In the event the effluent from the septic tank outlet cannot be discharged by gravity and still maintain proper lateral depths, the effluent shall discharge into a watertight vented pump pit with an inside diameter of not less than 24 inches, equipped with a tight-fitting manhole cover at grade level. The sump vent shall extend a minimum of 6 inches above grade level and shall be a minimum size of 11/4 inches fitted with a return bend. The pump shall be of a submersible type of corrosion-resistant material.

(2) Pump setting. The pump shall be installed in the pump pit in a manner that ensures ease of service and protection from frost and settled sludge. The pump shall be set to provide a dosing frequency of approximately twice a day based on the maximum design flow. No on-site electrical connections shall be made in the pump pit. These connections shall be made in an exterior weatherproof box.

(3) Pressure line size. The pressure line from the pump to the point of discharge shall not be smaller than the outlet of the pump it serves.

(4) Drainage. Pressure lines shall be installed to provide total drainage between dosings to prevent freezing or be buried below frost level up to the distribution box.

(5) High water alarm. Pump pits shall be equipped with a sensor set to detect if the water level rises above the design high water level when the pump fails. This sensor shall activate an auditory or visual alarm to alert the homeowner that repairs are required.

(6) Discharge point. The effluent shall discharge under pressure into a distribution box or may be distributed by small diameter pipes throughout the entire absorption field.

b. Dosing siphons. Dosing siphons may also be used. Manufacturer's specifications shall be adhered to for installation. Similar dosing volumes and frequencies are recommended. Dosing siphons require periodic cleaning to ensure their continued proper operation.

567--69.7(455B) Mound system.

69.7(1) General requirements.

a. Mound systems shall be permitted only after a thorough site evaluation has been made and landscaping, dwelling placement, effect on surface drainage and general topography have been considered.

b. Mound systems shall not be utilized on sites which are subject to flooding with a ten-year or greater frequency.

c. Mound systems shall not be utilized on soils where the high groundwater level, impermeable bedrock or soil strata having a percolation rate exceeding 120 minutes per inch occur within 12 inches of natural grade, or where creviced bedrock occurs within 20 inches of natural grade.

d. Mound systems shall be constructed only upon undisturbed naturally occurring soils.

e. Mound systems shall be located in accordance with the distances specified in Table I as measured from the outer edge of the mound.

f. No buildings, driveways or other surface or subsurface obstructions shall be permitted within 50 feet on the down gradient side of the mound when the mound is constructed on a slope greater than 5 percent. No future construction shall be permitted in this effluent disposal area as long as the mound is in use.

g. Specifications given in these rules for mounds are minimal and may not be sufficient for all applications. Technical specifications are changing with experience and research. Other design information beyond the scope of these rules may be necessary to properly design a mound system.

69.7(2) Material for mound fill.

a. The mound shall be constructed using clean, medium-textured sand, sometimes referred to as concrete sand. The sand size shall be such that at least 25 percent by weight shall have a diameter between 2.0 and 0.25 mm, less than 35 percent with a diameter between 0.25 and 0.05 mm and less than 5 percent with a diameter between 0.002 and 0.05 mm.

b. Rock fragments larger than 1/16 inch (2.0 mm) shall not exceed 15 percent by weight of the material used for sandy fill.

69.7(3) Construction details.

a. There shall be a minimum of 3 feet of fill material and undisturbed naturally occurring soils between the bottom of the washed gravel and the highest elevation of the limiting conditions defined in 69.7(1)"c."

b. Gravel shall be washed and shall range in size from 3/4 inch to 21/2 inches.

c. From 1 to 2 feet of medium-textured sand (depending upon the underlying soil depth, see 69.7(3)"a") must be placed between the bottom of the gravel and the top of the plowed surface of the naturally occurring soil.

d. Mound systems shall utilize absorption bed distribution piping design. The bed shall be installed with the long dimension parallel to the land contour. Systems on steep slopes with slowly permeable soils should be narrow to reduce the possibility of toe seepage.

e. Minimum spacing between distribution pipes shall be 4 feet, and a minimum of 3 feet shall be maintained between any trench and the sidewall of the mound.

f. No soil under or up to 50 feet down gradient of the mound may be removed or disturbed except as specified herein.

g. Construction equipment which would cause undesirable compaction of the soil shall be kept off the base area. Construction or plowing shall not be initiated when the soil moisture content is high. If a sample of soil from approximately 9 inches below the surface can be easily rolled into a 1/8- to 1/4-inch diameter wire, the soil moisture content is too high for construction purposes.

h. Aboveground vegetation shall be closely cut and removed from the ground surface throughout the area to be utilized for the placement of the fill material.

i. The area shall be plowed to a depth of 7 to 8 inches, parallel to the land contour with the plow throwing the soil up slope to provide a proper interface between the fill and the natural soil. Tree stumps should be cut flush with the surface of the ground, and roots should not be pulled.

j. The base area of the mound is to be calculated on the results of percolation rate as indicated in Table IV. The base area of the mound below and down slope from the trenches, excluding the area under the end slopes, must be large enough for the natural soil to absorb the estimated daily wastewater flow.

k. Table IV

	Percolation Rate Min/Inch	Application Rate Gal/Square Foot/Day
	Less than 1	Not Suitable
	1 - 5	1.25
	6 - 15	1.00
	16 - 30	.75
	31 - 45	.50
	46 - 60	.40
	61- 90	.20
	91 - 120	.10
	Over 120	Not Suitable

l. The area of the fill material shall be sufficient to extend 3 feet beyond the edge of the gravel area before the sides are shaped to at least a 4:1 slope (preferably 5:1).

m. Distribution system.

(1) The distribution pipe shall be rigid plastic pipe, schedule 40 or 80 with 1-inch nominal diameter.

(2) The distribution pipe shall be provided with a single row of 1/4-inch perforations in a straight line 30 inches on center along the length of the pipe or an equivalent design that ensures uniform distribution. All joints and connections shall be solvent-cemented.

(3) The distribution pipe shall be placed in the clean, washed gravel (or crushed limestone as described in 69.6(4)"a") with holes downward. The gravel shall be a minimum of 9 inches in depth below and 3 inches in depth above the pipe.

(4) No perforations shall be permitted within 3 inches of the outer ends of any distribution pipes.

(5) The outer ends of all pressure distribution lines shall be securely capped.

(6) The central pressure manifold should consist of 11/2-inch or 2-inch solid plastic pipe using a tee or cross for connecting the distribution lines.

n. Construction should be initiated immediately after preparation of the soil interface by placing all of the sandy fill material needed for the mound (to the top of the trench) to a minimum depth of 21 inches above the plowed surface. This depth will permit excavation of the trenches to accommodate the 9 inches of washed gravel or crushed stone necessary for the distribution piping.

o. The absorption trench or trenches shall be hand excavated to a depth of 9 inches, the bottoms of the trenches made certain to be level.

p. Twelve inches of gravel shall be placed in the trench and hand leveled, and then 3 inches of the gravel removed with a shovel in the location where the distribution pipe will be placed. After the distribution pipe is placed the pipe shall be covered with 2 inches of gravel.

q. The top of the gravel shall be covered with synthetic drainage fabric. Unbacked, rolled 31/2-inch-thick fiberglass insulation, untreated building paper, or other suitable material may be used with approval of the administrative authority. Plastic or treated building paper shall not be used.

r. After installation of the distribution system, gravel and material over the gravel, the entire mound is to be covered with topsoil native to the site or of similar characteristics to support vegetation found in the area. The entire mound shall be crowned by providing 12 inches of topsoil on the side slopes with a minimum of 18 inches over the center of the mound. The entire mound shall be seeded, sodded or otherwise provided with a grass cover to ensure stability of the installation.

s. The area surrounding the mound shall be graded to provide for diversion of surface runoff water.

69.7(4) Dosing.

a. Dosing shall be required for mound systems.

b. The dosing volume shall be five to ten times the distribution piping network volume.

c. The size of the dosing pump or siphon shall be capable of maintaining an approximate pressure of one psi at the outer ends of the distribution lines.

567--69.8(455B) Drip irrigation.

69.8(1) General design.

a. Pretreatment required. These systems must be preceded by a secondary treatment system discharging a treated, filtered effluent with BOD and TSS values less than 20 mg/l.

b. Separation from groundwater. Drip irrigation systems shall have a minimum vertical separation distance to high groundwater level or bedrock of 20 inches.

c. Maximum hillside slope. Drip irrigation systems shall not be installed on slopes of more than 25 percent.

d. Specifications given in these rules for drip irrigation are minimal and may not be sufficient for all applications. Technical specifications are changing with experience and research. Other design information beyond the scope of these rules may be necessary to properly design a drip irrigation system.

69.8(2) Emitter layout.

a. Discharge rate. Systems shall be designed so that emitters discharge approximately 1 gpm at 12 psi or other rates suggested by the manufacturer and approved by the administrative authority.

b. Grid size. Drip lines shall be run in parallel lines 2 feet apart. Emitters shall be placed in the drip lines on 2-foot intervals with emitters offset 1 foot between adjacent lines. Each emitter shall cover 4 square feet of absorption area.

c. Field size. The field shall be sized according to the application rate given in Table V.

d. Depth of drip lines. Drip lines shall be laid on the contour 6 to 12 inches deep with a maximum line length of 100 feet. Lines may be of unequal length.

e. Interconnection. Drip lines shall all be connected to supply and return headers such that the entire system will automatically drain back to the dosing tank or pump pit upon completion of the pumping cycle. Vacuum breakers shall be positioned at the high point of the supply and return headers.

The dosing tank shall have a high water audio/visual alarm.

Table V. Length of Drip Line Required Per Bedroom

Perc. Rate min./in.	Design Hyd. Loading gpd/sq.ft.	Length of Drip Line feet/bedroom
1 - 5	2.0	40
6 - 15	1.3	60
16 - 30	0.9	90
31 - 45	0.6	150
46 - 60	0.4	200
61 - 90	0.2	400
91 - 120	0.1	800

567--69.9(455B) Intermittent sand filters.

69.9(1) General requirements.

a. Use. Intermittent sand filters may be used when the administrative authority determines the site is unacceptable for a full-sized soil absorption system.

b. Location. Intermittent sand filters shall be located in accordance with the distances specified in Table I.

c. Sampling. A sampling port shall be available at the discharge point of the filter or shall be installed in the discharge line. Monitoring and effluent sampling of intermittent sand filters must meet the requirements of the NPDES permit as specified in rule 69.2(455B). Such sampling shall be performed annually or as directed by the administrative authority. The maximum carbonaceous BOD₅, total suspended solids and fecal coliform count requirements are as follows: (Fecal coliform tests shall only be required where waste discharge is into a watershed within one mile upstream of a "Class A" water).

Effluents Discharging To	Fecal Coliform/100 ml	CBOD5	TSS
Class "A" waters: Primary contact water use*	200	25	25
All other water use classifications	no limit	25	25

^*A separation distance of 750 feet shall be maintained between any point of discharge and a primary recreational area as specified in the "Recommended Standards for Bathing Beaches" of the Great Lakes-Upper Mississippi River Board of State Public Health and Environmental Managers.

d. Prohibited construction. There shall be no construction, such as buildings or concrete driveways, covering any part of an intermittent sand filter.

69.9(2) Construction.

a. Number. An intermittent sand filter shall consist of one filtering bed or two or more filtering beds connected in series and separated by a minimum of 6 feet of undisturbed earth.

b. Pipelines. Each bed shall contain a horizontal set of collector lines. The collector lines shall be equivalent to SDR 35 PVC pipe, 8-inch diameter gravelless drainpipe or other suitable materials.

(1) One collector line shall be provided for each 6 feet of width or fraction thereof. A minimum of two collector lines shall be provided.

(2) The collector lines shall be laid to a grade of 1 inch in 10 feet (or 0.5 to 1.0 percent).

(3) Each collector line shall be vented or connected to a common vent. Vents shall extend at least 12 inches above the ground surface with the outlet screened, or provided with a perforated cap.

(4) Gravelless drainfield pipe with fiber wrap may be used for the collector lines. If so, no gravel or pea gravel is required covering the collector lines. The pipe shall be bedded in filter sand.

(5) If 4-inch plastic pipe with perforations is used for the collector lines, they shall be covered as follows:

1. Gravel 3/4 inch to 21/2 inches in size shall be placed around and over the lower collector lines until there is a minimum of 4 inches of gravel over the pipes.

2. The gravel shall be overlaid with a minimum of 3 inches of washed pea gravel 1/8-inch to 3/8-inch size interfacing with the filter media. A layer of fabric filter may be used in place of the pea gravel. Fabric filters must be 30 by 50 mesh with a percolation rate of at least 5 gal/sq.ft.

(6) A minimum of 24 inches of coarse washed sand shall be placed over the pea gravel or above the gravelless drainfield pipe. The sand shall meet the Iowa DOT standards for concrete sand: 100 percent shall pass a 9.5 mm screen, 90 to 100 percent shall pass a 4.75 mm screen, 70 to 100 percent shall pass a 2.36 mm screen, 10 to 60 percent shall pass a 600Tm screen, and 0 to 1.5 percent shall pass a 75Tm screen.

69.9(3) Subsurface sand filters.

a. Distribution system and cover.

(1) Gravel base. Six inches of gravel 3/4 inch to 21/2 inches in size shall be placed upon the sand in the bed.

(2) Distribution lines. Distribution lines shall be level and shall be horizontally spaced a maximum of 3 feet apart, center to center. Distribution lines shall be rigid perforated PVC pipe.

(3) Venting. Venting shall be placed on the downstream end of the distribution lines with each distribution line being vented or connected to a common vent. Vents shall extend at least 12 inches above the ground surface with the outlet screened, or provided with a perforated cap.

(4) Gravel cover. Enough gravel shall be carefully placed to cover the distributors.

(5) Separation layer. A layer of material such as unbacked, rolled 31/2-inch-thick fiberglass insulation, untreated building paper of 40- to 60-pound weight, synthetic drainage fabric or 4 to 6 inches of marsh hay or straw shall be placed upon the top of the upper layer of gravel.

(6) Soil cover. A minimum of 12 inches of soil backfill shall be provided over the beds.

(7) Distribution boxes. A distribution box shall be provided for each filter bed where gravity distribution is used. The distribution boxes shall be placed upon undisturbed earth outside the filter bed. Separate watertight lines shall be provided leading from the distribution boxes to each of the distributor lines in the beds.

b. Sizing of subsurface sand filters.

(1) Gravity flow.

1. For residential systems, single bed subsurface sand filters shall be sized at a rate of 240 square feet of surface area per bedroom.

2. Dual subsurface sand filters, constructed in series, shall be sized at the rate of 160 square feet of surface per bedroom in the first filter and 80 square feet of surface area per bedroom in the second filter in the series.

(2) Pressure dosed.

1. For residential systems, single bed subsurface sand filters dosed by a pump or dosing siphon may be sized at a rate of 180 square feet of surface area per bedroom.

2. Dual subsurface sand filters, constructed in series, may be sized at the rate of 120 square feet of surface per bedroom in the first filter and 60 square feet of surface area per bedroom in the second filter in series.

(3) Nonhousehold. Effluent application rates for commercial systems treating domestic waste shall not exceed the following:

1. 1.5 gallon/square feet/day for double bed sand filters.

2. 1.0 gallon/square feet/day for single bed sand filters.

3. Total surface area for any subsurface sand filter system shall not be less than 200 square feet.

69.9(4) Free access sand filters.

a. Description. Media characteristics and underdrain systems for free access filters are similar to those for subsurface filters. Dosing of the filter should provide for flooding the bed to a depth of approximately 2 inches. Dosing frequency is usually greater than two times per day. For coarser media (greater than 0.5 mm) a dosing frequency greater than four times per day is desirable. Higher acceptable loadings on these filters as compared to subsurface filters relate primarily to the accessibility of the filter surface for maintenance. Gravel is not used on top of the sand media, and the distribution pipes are exposed above the surface.

b. Distribution. Distribution to the filter may be by means of troughs laid on the surface, pipelines discharging to splash plates located at the center or corners of the filter, or spray distributors. Care must be taken to ensure that lines discharging directly to the filter surface do not erode the sand surface. The use of curbs around the splash plates or large stones placed around the periphery of the plates will reduce the scour. A layer of washed pea gravel placed over the filter media may also be employed to avoid surface erosion. This practice will create maintenance difficulties, however, when it is time to rake or remove a portion of the media surface.

c. Covers. Free access filters may be covered to protect against severe weather conditions and to avoid encroachment of weeds or animals. The cover also serves to reduce odor conditions. Covers may be constructed of treated wooden planks, galvanized metal, or other suitable material. Screens or hardware cloth mounted on wooden frames may also serve to protect filter surfaces. Where weather conditions dictate, covers should be insulated. A space of 12 to 24 inches should be allowed between the insulated cover and sand surface. Free access filters may not be buried by soil or sod.

d. Loading. The hydraulic loading for free access sand filters should be from 2.0 to 5.0 gpd/sq.ft.

e. Number of filters. Dual filters each sized for the design flow are recommended for loading rates in excess of 31/2 gpd/sq.ft. treating septic tank effluent.

69.9(5) Dosing. Dosing for sand filters is strongly advised. Without dosing, the entire area of the sand filter is never effectively used. Dosing not only improves treatment effectiveness but also decreases the chance of premature failure.

a. Pumps. A pump shall be installed when adequate elevation is not available for the system to operate by gravity.

(1) The pump shall be of corrosion-resistant material.

(2) The pump shall be installed in a watertight pit.

(3) The dosing system shall be designed to flood the entire filter during the dosing cycle. A dosing frequency of greater than two times per day is recommended.

(4) A high water alarm shall be installed.

b. Dosing siphons. When a dosing siphon is used where elevations permit, such siphon shall be installed as follows:

(1) Dosing siphons shall be installed between the septic tank and the first filter bed.

(2) Dosing siphons shall be installed with strict adherence to the manufacturer's instructions.

c. Dosing tanks. The dosing tank shall be of such size that the siphon will flood the entire filter during the dosing cycle. A dosing frequency of greater than two times per day is recommended.

567--69.10(455B) Individual mechanical aerobic wastewater treatment systems. General requirements for individual mechanical aerobic wastewater treatment systems are as follows:

69.10(1) Use. Mechanical/aerobic systems may be used only when the administrative authority determines that the site is unacceptable for a full-sized soil absorption system. Because of the higher maintenance requirements ofmechanical/aerobic systems, preference should be given to sand filters, where conditions allow.

69.10(2) Certification. All individual mechanical aerobic wastewater treatment plants shall be certified by an ANSI-accredited third-party certifier to meet National Sanitation Foundation Standard 40, Class I, including appendices (May 1996).

69.10(3) Installation and operation. All individual mechanical aerobic wastewater treatment plants shall be installed, operated and maintained in accordance with the manufacturer's instructions and the requirements of the administrative authority. The aerobic plants shall have a minimum treatment capacity of 150 gallons per bedroom per day or 500 gallons, whichever is greater.

69.10(4) Effluent treatment. The effluent from individual mechanical aerobic wastewater treatment plants shall receive additional treatment through the use of intermittent sand filters, mound systems or subsurface absorption systems of a magnitude of half that prescribed in rule 69.6(455B), 69.7(455B) or 69.9(455B) or by discharge to a drip irrigation system as sized in 69.8(455B).

69.10(5) Maintenance contract. A maintenance contract with a manufacturer-certified technician shall be maintained at all times. Maintenance agreements and responsibility waivers shall be recorded with the county recorder and in the abstract of title for the premises on which mechanical aerobic treatment systems are installed. Mechanical aerobic units shall be inspected for proper operation at least twice a year on six month intervals.

69.10(6) Effluent sampling. Any open discharge from systems involving mechanical aeration shall have the effluent sampled at each inspection. Tests shall be run for CBOD₅, TSS and coliform bacteria as noted in 69.9(1).

567--69.11(455B) Constructed wetlands.

69.11(1) General site design.

a. Application. Constructed wetlands shall only be used where soil percolation rates at the site exceed 120 minutes per inch. Because of the higher maintenance requirements of constructed wetland systems, preference should be given to sand filters, where conditions allow.

b. Effluent treatment. The effluent from a constructed wetland shall receive additional treatment through the use of intermittent sand filters of a magnitude of half that prescribed in rule 69.9(455B).

c. Effluent sampling. Effluent sampling of constructed wetlands shall be performed twice a year or as directed by the administrative authority. Tests shall be run on all parameters as required in 69.9(1).

d. Specifications given in these rules for constructed wetlands are minimal and may not be sufficient for all applications. Technical specifications are changing with experience and research. Other design information beyond the scope of these rules may be necessary to properly design a constructed wetland system.

69.11(2) Wetland design.

a. Depth. The wetland shall be of a subsurface flow construction with a rock depth of 18 inches and a liquid depth of 12 inches.

b. Materials. Substrate shall be washed river gravel with a diameter of 3/4 inch to 21/2 inches. If crushed quarried stone is used, it must meet the criteria listed in 69.6(4)"a."

c. Sizing and configuration. Detention time shall be a minimum of seven days.

(1) Dimensions. This may be accomplished with trenches 16 to 18 inches deep (12 inches of liquid), 3 feet wide with 100 feet of length per bedroom. This may also be done with beds 16 to 18 inches deep with at least 300 square feet of surface area per bedroom. The bottom of each trench or bed must be level within +/-1/2 inch.

(2) Configuration. Multiple trenches or beds in series should be used. Beds or trenches in series may be stepped down in elevation to fit a hillside application. If the system is on one elevation, it should still be divided into units by earthen berms at about 50 and 75 percent of the total length.

(3) Unit connections. Each subunit shall be connected to the next with an overflow pipe (rigid sewer pipe) that maintains the water level in the first section. Protection from freezing may be necessary.

d. Liner. Wetlands shall be lined with a synthetic PVC or PE plastic liner 20 to 30 mils thick.

e. Inlet pipe. Effluent shall enter the wetland by a 4-inch pipe sealed into the liner. With beds, a header pipe shall be installed along the inlet side to distribute the waste.

f. Protective berms. Wetland system sites shall be bermed to prevent surface water from entering the trenches or beds.

69.11(3) Vegetation.

a. Setting plants. Vegetation shall be established on the wetlands at time of construction. Twelve inches of rock is placed in each unit, the plants are set, then the final 4 to 6 inches of rock is placed.

b. Plant species. Only indigenous plant species shall be used, preferably collected within a 100-mile radius of the site. Multiple species in each system are recommended. Preferred species include, but are not limited to:

(1) Typha latifolia - Common cattail

(2) Typha angustifolia - Narrow leaf cattail

(3) Scirpus spp. - Bullrush

(4) Phragmites communis - Reed

c. Plant establishment. Transplantation is the recommended method of vegetation establishment. For transplanting, the propagule should be transplanted, at a minimum, on a 2-foot grid. The transplants should be fertilized, preferably with a controlled-release fertilizer such as Osmocote 18-5-11 for fall and winter planting, 18-6-12 for spring planting, and 19-6-12 for summer planting. Trenches or beds should be filled with fresh water immediately.

d. Plant management. In the late fall the vegetation shall be mown and the detritus left on the wetland surface as a temperature mulch. In the early spring the mulch shall be removed and disposed of to allow for adequate bed aeration.

567--69.12(455B) Waste stabilization ponds.

69.12(1) General requirements. Waste stabilization ponds may be used if designed and constructed in accordance with the following criteria and provided the effluent is discharged in accordance with the requirements of the general NPDES permit listed in rule 69.2(455B). A septic tank sized according to rule 69.5(455B) shall precede a waste stabilization pond.

69.12(2) Location. Waste stabilization ponds must meet the following separation distances:

a. 1,000 feet from the nearest inhabitable residence, commercial building, or other inhabitable structure. If the inhabitable or commercial building is the property of the owner of the proposed treatment facility, or there is written agreement with the owner of the building, this separation criterion shall not apply. Any such written agreement shall be filed with the county recorder and recorded for abstract of title purposes, and a copy submitted to the department.

b. 1,000 feet from public shallow wells.

c. 400 feet from public deep wells.

d. 400 feet from private wells.

e. 400 feet from lakes and public impoundments.

f. 25 feet from property lines and rights-of-way.

69.12(3) Size.

a. Dimensions. Ponds shall have a length not exceeding three times the width.

b. Capacity. When domestic sewage from a septic tank is to be discharged to a waste stabilization pond, the capacity of the pond shall be equivalent to 180 times the average daily design flow.

c. Depth. The wastewater depth for a waste stabilization pond shall be uniform and 3 feet to 5 feet.

d. Freeboard. A minimum freeboard of 2 feet shall be maintained at all times.

69.12(4) Embankments.

a. Seal. Embankments shall be constructed of impermeable materials and shall be compacted. The bottom of the waste stabilization pond shall be cleared and leveled to the required elevation and shall be lined with an impermeable natural or man-made material. Seepage loss through the sides and bottom shall be less than 1/16 inch per day.

b. Slopes. Inside embankment slopes shall be 3 horizontal to 1 vertical. Outside embankments shall be at least 3:1.

c. Berm top. Berm tops shall be at least 4 feet wide.

d. Cover. Embankments shall be seeded from the outside toe to the inside high water line. From the high water line down the embankment diagonally about 5 feet shall be rip-rapped for erosion and vegetation control.

69.12(5) Inlet and outlet structures.

a. Inlet. The inlet shall be placed no higher than 12 inches above the bottom of the pond. It shall discharge near the middle of the pond at a point opposite the overflow structure and onto a concrete splash plate at least 2 feet square.

b. Outlet. The outlet pipe shall withdraw water from a submerged depth of at least 1 foot. The intake for the outlet pipe shall be 3 to 5 feet from the embankment.

c. Separation. The inlet and outlet should be separated to the maximum extent possible, ideally by a berm or baffle constructed in the lagoon to prevent short-circuiting.

69.12(6) Drainage. All surface water shall be diverted away from the waste stabilization pond.

69.12(7) Discharge.

a. Controlled discharge. If the pond is designed for open discharge, it must be discharged under controlled conditions. The effluent must be tested before discharge, and effluent quality must be less than 25 mg/l of CBOD₅ and less than 25 mg/l of TSS. Another test must be taken during discharge with the same results. Pond discharge is permitted only in spring and fall when stream flows are highest.

b. Continuous discharge. If the pond is to have an unlimited continuous discharge, the effluent shall receive additional treatment through the use of intermittent sand filters, mound systems or subsurface absorption systems of a magnitude of half that prescribed in rules 69.6(455B), 69.7(455B) and 69.9(455B). Under continuous discharge, effluent sampling shall be as required for constructed wetlands as outlined in 69.11(1)"c."

69.12(8) Maintenance.

a. Fencing. All waste stabilization ponds are to be fenced adequately to prevent entrance of livestock and to discourage entrance by people into the area. Signs shall be posted warning of possible health and safety hazards.

b. Vegetation. Vegetation on the top and sides of the berm shall be kept mown. No trees shall be allowed to become established.

567--69.13(455B) Requirements for impervious vault toilets. All impervious vault toilets hereafter constructed or required by the administrative authority to be reconstructed shall comply with the following requirements:

69.13(1) Location. Impervious vault toilets shall be located in accordance with the distances given in Table I, rule 69.3(455B) for the closed portion of the treatment system.

69.13(2) Construction. The vault shall be constructed of reinforced, impervious concrete at least 4 inches thick. The superstructure including floor slab, seat, seat cover, riser and building shall comply with good design and construction practices to provide permanent safe, sanitary facilities. The vault shall be provided with a cleanout opening fitted with a fly-tight cover.

69.13(3) Disposal. Wastewater from impervious vault toilets shall be disposed of at a public sewage treatment facility.

567--69.14(455B) Requirements for portable toilets. All portable toilets shall be designed to receive and retain the wastes deposited in them and shall be located and maintained in a manner that will prevent the creation of any nuisance condition. Disposal of waste from portable toilets shall be at a public sewage treatment facility.

567--69.15(455B) Requirements for chemical toilets. All chemical toilets shall comply with the following requirements:

69.15(1) Tank. Chemical toilets for use in isolated residences shall have a receptacle of smooth, impervious material that is resistant to chemicals and easily cleanable.

69.15(2) Vent. When vents are required for chemical toilets, they shall be of durable corrosion-resistant material installed in a professional manner.

69.15(3) Mixing and chemical charge. The fixture shall be equipped with a mixing device and shall be charged with the proper concentration of bactericidal chemical or chemicals. Chemical recharges shall be added and mixed with the contents when necessary to maintain sufficient solution strength and to suppress odors.

69.15(4) Toilet rooms. Chemical toilets shall be located in toilet rooms which are well lighted, ventilated and maintained in a nuisance-free condition.

69.15(5) Final disposal of receptacle contents. The receptacle contents shall be disposed of in accordance with the requirements of 567--Chapter 68. The recommended method of disposal is discharging to a municipal sewage treatment facility.

567--69.16(455B) Other methods of wastewater disposal. Other methods or types of private wastewater treatment and disposal systems shall be installed only after plans and specifications for each project have been approved by the administrative authority.

567--69.17(455B) Disposal of septage from on-site wastewater treatment and disposal systems. The collection, storage, transportation and disposal of all septage shall be carried out in accordance with the requirements in 567--Chapter 68.

69.17(1) Methods of septage disposal.

a. Discharge (with owner approval) to a municipal or other permitted wastewater treatment system.

b. Discharge (with owner approval) to permitted sludge lagoons or sludge drying beds.

c. Land application in accordance with the following requirements:

(1) The maximum application rate is 30,000 gallons of septage per 365-day period per acre of cropland.

(2) The following site restrictions shall be met when septage is applied to land.

1. Septage shall not be applied to a lawn or a home garden.

2. The septage shall be applied only to soils classified as acceptable throughout the top five feet of soil profile. The septage shall not be applied to soils classified as sand, loamy sand and silt. The acceptability of a soil shall be determined using the USDA soil classifications.

3. Land application sites shall have soil pH maintained above 6.0, unless crops prefer soils with lower pH conditions. If the soil pH is below 6.0, it is acceptable to use agricultural lime to increase the pH to an acceptable level.

4. If the septage is applied to land on which the soil loss exceeds the soil loss limits established by the county soil conservation district, the septage shall be injected on the contour or shall be applied to the surface and mechanically incorporated into soil within 48 hours of application. The septage shall not be applied to ground having greater than 9 percent slope.

5. Septage application on frozen or snow-covered ground should be avoided, unless special precautions are taken to avoid runoff. If application on frozen or snow-covered ground is necessary, it shall be limited to land areas of less than 5 percent slope.

6. Septage shall not be applied to land that is 35 feet or less from an open waterway. If septage is applied within 200 feet of a stream, lake, sinkhole or tile line surface intake located down gradient of the land application site, it shall be injected or applied to the surface and mechanically incorporated into the soil within 48 hours of application.

7. If the septage is applied to land subject to flooding more frequently than once in ten years, the septage shall be injected or shall be applied to the surface and mechanically incorporated into the soil within 48 hours. Information on which land is subject to flooding more frequently than once in ten years is available from the department.

8. Septage shall not be applied within 200 feet of an occupied residence or within 500 feet of a well.

9. Food crops shall not be harvested for 38 months after application of septage.

10. Animals shall not be allowed to graze on the land for 30 days after application of septage.

(3) One of the following vector attraction reduction and pathogen reduction requirements shall be met when septage is applied to land.

1. Septage shall be injected below the surface of the land. No significant amount of the septage shall be present on the land surface within one hour after the septage is injected.

2. Septage applied to the land surface shall be incorporated into the soil within six hours after application to or placement on the land.

3. The septage shall be stabilized by adding and thoroughly mixing sufficient lime to produce a mixture with a pH of 12. Provide a minimum of two hours of contact time after mixing the lime with the septage prior to applying to land. Each container of septage shall be monitored for compliance.

4. The septage shall be stabilized by adding and thoroughly mixing 50 pounds of lime with each 1,000 gallons of septage.

(4) When septage is applied to land, the person who applies the septage shall develop the following information and shall retain the information for five years:

1. The location, by either street address or latitude and longitude, of each site on which septage is applied.

2. The number of acres in each site on which septage is applied.

3. The date and time septage is applied to each site.

4. The rate, in gallons per acre per 365-day period, at which septage is applied to each site.

5. A description of how the vector attraction reduction requirements are met.

6. The following certification statement shall be provided with the records when the records are requested by the department:

"I certify, under penalty of law, that the pathogen requirements and the vector attraction reduction requirements have been met. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment."

(5) Other methods of stabilization may be acceptable if shown to be equivalent to 69.17(1)"c"(3)"3."

d. Discharge (with owner approval) to a permitted sanitary landfill in accordance with 567--Chapters 102 and 103 and the following requirements:

(1) Stabilize the septage by adding and thoroughly mixing sufficient lime to produce a mixture with a pH of 12.

(2) Provide a minimum of two hours of contact time after mixing the lime with the septage prior to applying to the landfill.

(3) Dewater the septage.

(4) Obtain a special waste authorization permit from the department.

69.17(2) Commercial septic tank cleaners. Individual administrative authorities shall enforce the licensing program for commercial septic tank cleaners in accordance with the requirements of 567--Chapter 68.

567--69.18(455B) Alternative or innovative on-site wastewater treatment and disposal systems.

69.18(1) Design requirements. Alternative or innovative systems are to be designed and operated in accordance with approved standards and operating procedures established by individual administrative authorities.

a. Plans and specifications, meeting all applicable rule requirements, should be prepared and submitted to the administrative authorities by a licensed professional engineer. Included with the engineering submittal should be adequate supporting data relating to the effectiveness of the proposed system.

b. For systems designed to discharge treated effluent into waters of the state, it will be necessary to obtain a Notice of Intent to fall under the requirements of NPDES General Permit No. 4. The administrative authority is responsible for determining that the requirements of the permit are met including the monitoring program.

c. Administrative authorities should prepare for signature an enforceable agreement to be placed on record which would require that present and future system owners meet all applicable rule requirements. In the event of noncompliance, the administrative authority shall require that adequate steps be taken by the system owner to bring the system into compliance.

d. Wastewater management districts may be formed for the purpose of providing specialized control of on-site wastewater treatment and disposal systems located in certain problem areas or in intensive development areas. Formation of such wastewater management districts shall be coordinated under the guidance of the administrative authority and shall meet all applicable rule requirements.

69.18(2) Reserved.

567--69.19(455B) Variances. Variances to these rules may be granted by the department of natural resources or the administrative authority provided sufficient information is submitted to substantiate the need and propriety for such action. Applications for variances and justification shall be in writing and copies filed with the department.

These rules are intended to implement Iowa Code chapter 455B, division III, part 1.