Iowa Admin. Code r. 567-120.4

Current through Regsiter Vol. 46, No. 26, June 12, 2024

Rule 567-120.4 - Landfarming applicator permits

(1)Permit required. PCS shall not be landfarmed without a landfarm applicator permit from the department.

(2)Landfarm applicator permit. Upon issuance of a landfarm applicator permit, the permit holder is authorized to apply PCS to the land to create one or more landfarms. This permit requires that landfarms be used for only one application of a particular source and type of PCS. This permit requires that no other PCS be applied within 15 feet of the area of land used as a landfarm until the landfarm is closed pursuant to rule 567-120.12(455B).

(3)Construction and operation. Landfarms shall be constructed and operated according to these rules, any plans and specifications approved by the department, and the conditions of the permit. Any approved plans and specifications shall constitute a condition of the permit.

(4)Transfer of title and permit. If title to a landfarm applicator permit is transferred to a third party, then the department shall transfer the permit within 60 days if the department has determined that the following requirements have been met:

a. The title transferee has applied in writing to the department within 30 days of the transfer of title to request a transfer of the permit.

b. The permitted applicator and title transferee are in compliance with Iowa Code chapter 455B, this chapter and the conditions of the permit.

(5)Permit conditions. A permit may be issued with conditions, specified in writing by the department, that are necessary to ensure the landfarm can be constructed and operated in a safe and effective manner, and in compliance with Iowa Code chapter 455B and this chapter.

(6)Effect of revocation. If a landfarm applicator permit held by any public or private agency is revoked by the department, then no new landfarm applicator permit shall be issued to that agency for a minimum of one year from the date the facility was brought into full compliance with the revocation order. Such revocation shall not prohibit the issuance of a permit for the same landfarm project to another landfarm application permit holder.

(7)Inspection of site and operation. By obtaining an applicator permit, the permitted entity agrees that the department may inspect the facility and its operations at reasonable times to determine if the landfarm is in compliance with this chapter and the permit requirements.

(8)Duration of permits. Landfarm applicator permits shall be issued and may be renewed for a three-year term.

(9)Request for permit renewal. A request for permit renewal shall be in writing and filed at least 90 days before the expiration of the current permit. If the renewal applicant is found not to be in compliance with this chapter or the permit requirements, then the applicant shall achieve compliance or be placed on a compliance schedule approved by the department before the permit may be renewed.

(10)Request for permit modification. Requests for permit modifications must be submitted in writing to the department with supporting documentation and materials.

(11)Factors in permit issuance decisions. The department may request that additional information be submitted for review to make a permit issuance decision. The department may review and inspect the facility, its agents and operators, and compliance history. The department may review whether or not a good-faith effort to maintain compliance and protect human health and the environment is being made, and whether a compliance schedule is being followed. The department may issue a permit on a trial basis.

Iowa Admin. Code r. 567-120.4

Amended by IAB April 19, 2023/Volume XLV, Number 21, effective 5/24/2023