CHAPTER 9
DELEGATION OF CONSTRUCTION PERMITTING AUTHORITY
[Prior subject matter DEQ Ch 24]
[Prior to 12/3/86, Water, Air and Waste Management[900]]
567—9.1(455B) Scope. Iowa Code section 455B.183 delegates construction permitting authority over certain sewer and water main extensions to qualified local public works departments and rural water systems organized under Iowa Code chapter 357A or 504. This chapter describes the manner and criteria under which the department oversees this delegated authority.
[ARC 5052C, IAB 6/17/20, effective 7/22/20]
567—9.2(455B,17A) Forms. The following forms are to be used by the local public works department or rural water system implementing this authority:
542-1001: Application for delegating permitting authority to local public works departments
542-1002: Statement of engineer’s qualifications
542-1003: Review checklist for water main extensions at local public works departments
542-1004: Review checklist for sewer extensions
542-1005: Quarterly report for permitting authority
542-1057: Application for delegating permitting authority to rural water systems
542-1058: Review checklist for water main extensions at rural water systems
[ARC 5052C, IAB 6/17/20, effective 7/22/20]
567—9.3(455B) Procedures. A local public works department or rural water system incorporated under Iowa Code chapter 357A or 504 exercising permitting authority for sewer or water supply distribution system extensions under Iowa Code section 455B.183 shall notify the director in writing prior to the first permit issuance, using Form 542-1001 or 542-1057, as applicable, and 542-1002. Additional information may be requested by the director.
[ARC 5052C, IAB 6/17/20, effective 7/22/20]
567—9.4(455B) Criteria for permitting authority at local public works departments.  The requirements for permitting authority at local public works departments are as follows:
	9.4(1) Permitting authority under this rule applies only to extensions which:
	a. 	Primarily serve residential consumers and will not result in an increase greater than 5 percent of the capacity of the treatment works or system, or will serve fewer than 250 dwelling units.
	b. 	In the case of sewer extensions, will not exceed the capacity of any treatment works which received a federal or state monetary grant after 1972.
	c. 	In the case of water main extensions, will not exceed the production capacity of any system constructed after 1972.
	9.4(2) The local public works department’s standard specifications must be in conformance with the Iowa Standards for Sewer Systems cited in 567—paragraph 64.2(9)“b,” or the water supply construction standards in rule 567—43.3(455B), and must be filed with and approved by the department.
	9.4(3) The reviewing engineer shall be licensed as a professional engineer in Iowa and shall be employed or retained by the local public works department.
	9.4(4) When reviewing applications for sewer and water supply distribution system extensions under its jurisdiction, the local public works department shall use the Iowa Standards for Sewer Systems, the water supply construction standards in rule 567—43.3(455B), and the local standard specifications approved by the department.
	9.4(5) The local public works department shall use Form 542-1003 or Form 542-1004, as applicable, when reviewing plans. Upon issuance of each permit, the local public works department shall submit to the department a copy of the permit and a copy of the form used during the review.
	9.4(6) The local public works department shall submit to the department a complete quarterly report using Form 542-1005 by the fifteenth day of the month following each quarter of the calendar year.
	9.4(7) Plans for which a construction permit has been issued shall be retained on file by the local public works department for the life of the extension or until the extension has been platted.
[ARC 5052C, IAB 6/17/20, effective 7/22/20; ARC 6190C, IAB 2/9/22, effective 3/16/22]
567—9.5(455B) Criteria for permitting authority at rural water systems.  The requirements for permitting authority at rural water systems incorporated under Iowa Code chapter 357A or 504 are as follows:
	9.5(1) Permitting authority under this rule applies only to extensions which:
	a. 	Primarily serve residential consumers and will not result in an increase greater than 5 percent of the capacity of the treatment works or system, or will serve fewer than 250 dwelling units.
	b. 	In the case of sewer extensions, will not exceed the capacity of any treatment works which received a federal or state monetary grant after 1972.
	c. 	In the case of water main extensions, will not exceed the production capacity of any system constructed after 1972.
	9.5(2) The rural water system’s standard specifications must be in conformance with the Iowa Standards for Sewer Systems cited in 567—paragraph 64.2(9)“b,” or the water supply construction standards in 567—43.3(455B), and must be filed with and approved by the department. The system’s hydraulic modeling must comply with the water supply distribution system standards pursuant to rule 567—43.3(455B).
	9.5(3) The reviewing engineer shall be licensed as a professional engineer in Iowa and shall be employed or retained by the rural water system.
	9.5(4) When reviewing applications for sewer and water supply distribution system extensions under its jurisdiction, the rural water system shall use the Iowa Standards for Sewer Systems, the water supply construction standards in rule 567—43.3(455B), and the local standard specifications approved by the department.
	9.5(5) The rural water system shall use Form 542-1003 or Form 542-1058, as applicable, when reviewing plans. Upon issuance of each permit, the rural water system shall submit to the department a copy of the permit and a copy of the form used during the review.
	9.5(6) The rural water system shall submit to the department a complete quarterly report using Form 542-1005 by the fifteenth day of the month following each quarter of the calendar year.
	9.5(7) Plans for which a construction permit has been issued shall be retained on file by the rural water system for the life of the extension.
[ARC 5052C, IAB 6/17/20, effective 7/22/20]
567—9.6(455B) No variance allowed. No variance to the design standards is allowed under delegated permitting authority. If a variance to the design standards is needed, the local public works department or rural water system must apply to the department for an individual construction permit following the wastewater permit procedures in rule 567—60.4(455B) and rule 567—64.2(455B) and the water supply permit procedures in 567—subrule 40.4(1).
[ARC 5052C, IAB 6/17/20, effective 7/22/20]
567—9.7(455B) Criteria for rescission or revocation of delegated permitting authority.
	9.7(1) The local public works department or rural water system may voluntarily request that its permitting authority be rescinded by submitting the request in writing to the director.
	9.7(2) The director may suspend or revoke delegation of review and permit authority after notice and hearing as set forth in Iowa Code chapter 17A if the director determines that a public works department or rural water system with delegated permitting authority has approved extensions which do not comply with design criteria, which exceed the capacity of waste treatment plants or the production capacity of public water supply systems, or which otherwise violate state or federal requirements.
[ARC 5052C, IAB 6/17/20, effective 7/22/20]
These rules are intended to implement Iowa Code sections 17A.3, 455B.105 and 455B.171 to 455B.187.
[Filed 12/19/75, Notice 10/6/75—published 1/12/76, effective 2/16/76]
[Filed 10/13/78, Notice 5/3/78—published 11/1/78, effective 12/6/78]
[Filed without Notice 2/2/79—published 2/21/79, effective 3/28/79]
[Filed emergency 6/3/83—published 6/22/83, effective 7/1/83]
[Filed 3/22/85, Notice 9/12/84—published 4/10/85, effective 5/15/85]
[Filed emergency 11/14/86—published 12/3/86, effective 12/3/86]
[Filed ARC 5052C (Notice ARC 4919C, IAB 2/12/20), IAB 6/17/20, effective 7/22/20]
[Filed ARC 6190C (Notice ARC 6037C, IAB 11/17/21), IAB 2/9/22, effective 3/16/22]