567—64.2 (455B) Permit to construct.
	 64.2(1) No person shall construct, install or modify any wastewater disposal system or part thereof or extension or addition thereto without, or contrary to any condition of, a construction permit issued by the director or by a local public works department authorized to issue such permits under 567—Chapter 9, nor shall any connection to a sewer extension in violation of any special limitation specified in a construction permit pursuant to 64.2(10), paragraph “a,” “b,” or “f” be allowed by any person subject to the conditions of the permit.
	 64.2(2) The site for each new wastewater treatment plant or expansion or upgrading of existing facilities must be inspected and approved by the department prior to submission of plans and specifications. Applications must be submitted in accordance with 567—60.4(455B).
	 64.2(3) Site approval under 64.2(2) shall be based on the criteria contained in the Ten States Standards, design manuals published by the department, applicable federal guidelines and standards, standard textbooks, current technical literature and applicable safety standards. To the extent that separation distances of this subrule conflict with the separation distances of 567—subrule 23.5(1) or 23.5(2), the greater distance shall prevail. The following separation distances from treatment or lagoon water surface shall apply:
	  a.   	 1000 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, the separation criteria 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.   	 1000 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.
When the above separation distances cannot be maintained for the expansion, upgrading or replacement of existing facilities, the separation distances shall be maintained at no less than 90 percent of the existing separation distance on the site, providing no data is available indicating that a problem has existed or will be created.
	 64.2(4) Applications for a construction permit must be submitted to the director in accordance with 567—60.4(455B) at least 120 days in advance of the date of start of construction.
	 64.2(5) The director shall act upon the application within 60 days of receipt of a complete application by either issuing a construction permit or denying the construction permit in writing unless a longer review period is required and the applicant is so notified in writing. Notwithstanding the 120-day requirement in 64.2(4), construction of the approved system may commence immediately after the issuance of a construction permit.
	 64.2(6) The construction permit shall expire if construction thereunder is not commenced within one year of the date of issuance thereof. The director may grant an extension of time to commence construction if it is necessary or justified, upon showing of such necessity or justification to the director.
	 64.2(7) The director may modify or revoke a construction permit for cause which shall include but not be limited to the following:
	  a.   	 Failure to construct said wastewater disposal system or part thereof in accordance with the approved plans and specifications.
	  b.   	 Violation of any term or condition of the permit.
	  c.   	 Obtaining a permit by misrepresentation of facts or failure to disclose fully all material facts.
	  d.   	 Any change during construction that requires material changes in the approved plans and specifications.
	 64.2(8) A construction permit shall not be required for the following:
	  a.   	 Storm sewers or storm water disposal systems that transport only storm water.
	  b.   	 Any new disposal system or extension or addition to any existing disposal system that receives only domestic or sanitary sewage from a building, housing or occupied by 15 persons or less.
	 64.2(9) Review of applications.
	  a.   	 Review of applications for construction permits shall be based on the criteria contained in the “Iowa Wastewater Facilities Design Standards,” the Ten States Standards, applicable federal guidelines and standards, standard textbooks, current technical literature and applicable safety standards. To the extent of any conflict between the above criteria the “Iowa Wastewater Facilities Design Standards” standards shall prevail.
	  b.   	 The chapters of the “Iowa Wastewater Facilities Design Standards” *  that apply to wastewater facilities projects, and the date of adoption of those chapters are:

 	Chapter	Date of Adoption	
11.	Project submittals	April 25, 1979	
12.	Iowa Standards for Sewer Systems	September 6, 1978
(Amended March 28, 1979 and May 20, 1987)	
13.	Wastewater pumping stations and force mains	March 19, 1985	
14.	Wastewater treatment works	March 22, 1984
(Amended May 20, 1987)	
15.	Screening and grit removal	February 18, 1986	
16.	Settling	March 22, 1984
(Amended May 20, 1987)	
17.	Sludge handling & disposal	March 26, 1980	
18.	Biological treatment	 	
 	A. Fixed film media treatment	October 21, 1985	
 	B. Activated sludge	March 22, 1984	
 	C. Wastewater treatment ponds (Lagoons)	April 25, 1979
(Amended May 20, 1986 and May 20, 1987)	
19.	Supplemental treatment processes	November 13, 1986	
20.	Disinfection	February 18, 1986	
21.	Land application of wastewater	April 25, 1979	
*The design manual as adopted and amended is available upon request to department, also filed with administrative rules coordinator.
	  c.   	 Variances from the design standards and siting criteria which provide in the judgment of the department for substantially equivalent or improved effectiveness may be requested when there are unique circumstances not found in most projects. The director may issue variances when circumstances are appropriate. The denial of a variance may be appealed to the commission.
	  d.   	 When reviewing the variance request the director may consider the unique circumstances of the project, direct or indirect environmental impacts, the durability and reliability of the alternative, and the purpose and intent of the rule or standard in question.
	  e.   	 Circumstances that would warrant consideration of a variance (which provides for substantially equivalent or improved effectiveness) may include the following:
	 (1) 	 The utilization of new equipment or new process technology that is not explicitly covered by the current design standards.
	 (2) 	 The application of established and acceptable technologies in an innovative manner not covered by current standards.
	 (3) 	 It is reasonably clear that the conditions and circumstances which were considered in the adoption of the rule or standard are not applicable for the project in question and therefore the effective purpose of the rule will not be compromised if a variance is granted.
	 64.2(10) Applications for sanitary sewer extension construction permits shall conform to the Iowa Standards for Sewer Systems, and approval shall be subject to the following:
	  a.   	 A sanitary sewer extension construction permit may be denied if, at the time of application, the treatment facility treating wastewater from the proposed sewer is not in substantial compliance with its operating permit or if the treatment facility receives wastes in volumes or quantities that exceed its design capacity and interfere with its operation or performance.
If the applicant is operating under a compliance schedule which is being adhered to that leads to resolution of the substantial compliance issues or if the applicant can demonstrate that the problem has been identified, the planning completed, and corrective measures initiated, then the construction permit may be granted.
	  b.   	 A sanitary sewer extension construction permit may be denied if bypassing has occurred at the treatment facility, except when any of the following conditions are being met:
	 (1) 	 The bypassing is due to a combined sewer system, and the facility is in compliance with a long-term CSO control plan approved by the department.
	 (2) 	 The bypassing occurs as a result of a storm with an intensity or duration greater than that of a storm with a return period of five years. (See App.	A1)
	 (3) 	 The department determines that timely actions are being taken to eliminate the bypassing.
	  c.   	 A sanitary sewer extension construction permit may be denied if an existing downstream sewer is or will be overloaded or surcharged, resulting in bypassing, flooded basements, or overflowing manholes, unless:
	 (1) 	 The bypassing or flooding is the result of a precipitation event with an intensity or duration greater than that of a storm with a return period of two years. (See App.	A1); or
	 (2) 	 The system is under full-scale facility planning (I/I and SSES) and the applicant provides a schedule that is approved by the department for rehabilitating the system to the extent necessary to handle the additional loadings.
	  d.   	 Potential loads. Construction permits may be granted for sanitary sewer extensions that are sized to serve future loads that would exceed the capacity of the existing treatment works. However, initial connections shall be limited to the load that can be handled by the existing treatment works. The department will determine this load and advise the applicant of the limit. This limitation will be in effect until additional treatment capacity has been constructed.
	 64.2(11) Certification of completion. Within 30 days after completion of construction, installation or modification of any wastewater disposal system or part thereof or extension or addition thereto, the permit holder shall submit a certification by a registered professional engineer that the project was completed in accordance with the approved plans and specifications.
1	See end of chapter for Appendix A.