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For purposes of this part, all of the following shall apply:
1. Data is not credible data unless the data originates from studies and
samples collected by the department, a professional designee of the department,
or a qualified volunteer. For purposes of this subsection, "professional
designee" includes governmental agencies other than the department, and a person
hired by, or under contract for compensation with, the department to collect or
study data.
2. All information submitted by a qualified volunteer shall be reviewed and
approved or disapproved by the department. The qualified volunteer shall submit
a site specific plan with data which includes information used to obtain the
data, the sampling and analysis plan, and quality control and quality assurance
procedures used in the monitoring process. The qualified volunteer must provide
proof to the department that the water monitoring plan was followed. The
department shall review all data collected by a qualified volunteer, verify the
accuracy of the data collected by a qualified volunteer, and determine that all
components of the water monitoring plan were followed.
3. The department shall retain all information submitted by a qualified
volunteer submitting the information for a period of not less than ten years
from the date of receipt by the department. All information submitted shall be a
public record.
4. The department shall adopt rules establishing requirements for a person to
become a qualified volunteer.
The department of natural resources shall develop a methodology for water
quality assessments as used in the section 303(d) lists and assess the validity
of the data.
2000 Acts, ch 1068, §10; 2000 Acts, ch 1232, §73
1. The department shall use credible data when doing any of the following:
a. Developing and reviewing any water quality standard.
b. Developing any statewide water quality inventory or other water assessment
report.
c. Determining whether any water of the state is to be placed on or removed
from any section 303(d) list.
d. Determining whether any water of the state is supporting its designated
use or other classification.
e. Determining any degradation of a water of the state under 40 C.F.R. §
131.12.
f. Establishing a total maximum daily load for any water of the state.
2. Notwithstanding subsection 1, credible data shall not be required for any
section 305(b) report and credible data shall not be required for the
establishment of a designated use or other classification of a water of the
state.
3. This section shall not be construed to require credible data as defined in
section 455B.171, subsection 4, in order for the department to bring an
enforcement action for an illegal discharge.
2000 Acts, ch 1068, §11
2000 Acts, ch 1068, requirements apply to section 303(d) lists created
after the year 2000 list; 2000 Acts, ch 1068, §14
1. For any use or analysis of credible data described in section 455B.194,
subsection 1, all of the following shall apply:
a. The use of credible data shall be consistent with the requirements of the
federal Water Pollution Control Act, 33 U.S.C. § 1251 et seq.
b. The data quality for removal of water of the state from any list of
impaired waters including any section 303(d) list shall be the same as the data
quality for adding a water to that list.
c. A water of the state shall not be placed on any section 303(d) list if the
impairment is caused solely by violations of national pollutant discharge
elimination system program permits or stormwater permits issued pursuant to
section 455B.103A and the enforcement of the pollution control measures is
required.
d. A water of the state shall not be placed on any section 303(d) list if the
data shows an impairment, but existing technology-based effluent limits or other
required pollution control measures are adequate to achieve applicable water
quality standards.
e. If a pollutant causing an impairment is unknown, the water of the state
may be placed on a section 303(d) list. However, the department shall continue
to monitor the water of the state to determine the cause of impairment before a
total maximum daily load is established for the water of the state and a water
of the state listed with an unknown status shall retain a low priority for a
total maximum daily load development until the cause of the impairment is
determined unless the department, after taking into consideration the use of the
water of the state and the severity of the pollutant, identifies compelling
reasons as to why the water of the state should not have a low priority.
f. When evaluating the waters of the state, the department shall develop and
maintain three separate listings including a section 303(d) list, a section
305(b) report, and a listing for which further investigative monitoring is
necessary. The section 305(b) report shall be a summary of all potential
impairments for which credible data is not required. If credible data is not
required for a section 305(b) report, the placement of a water of the state on
any section 305(b) report alone is not sufficient evidence for the water of the
state's placement on any section 303(d) list. When developing a section 303(d)
list, the department is not required to use all data, but the department shall
assemble and evaluate all existing and readily available water quality-related
data and information. The department shall provide documentation to the regional
administrator of the federal environmental protection agency to support the
state's determination to list or not to list its waters.
g. The department shall take into consideration any naturally occurring
condition when placing or removing any water of the state on any section 303(d)
list, and establishing or allocating responsibility for a total maximum daily
load.
h. Numerical standards shall have a preference over narrative standards. A
narrative standard shall not constitute the basis for determining an impairment
unless the department identifies specific factors as to why a numeric standard
is not sufficient to assure adequate water quality.
i. If the department has obtained credible data for a water of the state, the
department may also use historical data for that particular water of the state
for the purpose of determining whether any trends exist for that water of the
state.
2. This section shall not be construed to require or authorize the department
to perform any act listed in section 455B.194, subsection 1, not otherwise
required or authorized by applicable law.
2000 Acts, ch 1068, §12
2000 Acts, ch 1068, requirements apply to section 303(d) lists created
after the year 2000 list; 2000 Acts, ch 1068, §14
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