The Iowa Department of Natural Resources proposed rescinding and replacing Chapter 69 (sewage disposal systems), prompting multiple public comments arguing the proposed changes would remove an existing hierarchy that favors packed-bed media filters over aerobic treatment units (ATUs).
Laurie McDaniel, water quality bureau chief at DNR, told the committee that proposed Chapter 69 "establishes requirements for the time of transfer program" and sets rules to ensure on-site sewage systems are properly constructed and operated.
Several manufacturers and installers spoke against aspects of the draft rules. RG Schwarm, representing PlanetCare BioFilter and other signatories, said the proposed changes "exceed the scope of executive order 10" and warned that treating ATUs and packed-bed media filters as equivalent ignores real-world performance differences. He cited comparative compliance figures discussed in submitted materials and said the ATUs showed lower compliance ranges for indicators such as total suspended solids and biochemical oxygen demand compared with media filters.
Brett Lucas, co-owner and general counsel for PlanetCare Biofilters, and Van Lucas of Indianola Precast urged clearer definitions for terms in the draft, such as "secondary treated effluent," "disturbed soils," and "professional soil scientist," arguing interpretive ambiguity would hamper compliance. Installer and association representatives, including Rick Meany of Meany Septic Service and others, told the committee that maintenance needs and failure rates for ATUs historically have been higher and cited local experience of discharge incidents.
Public commenters asked the department to work with stakeholders before final adoption. DNR representatives acknowledged receipt of the technical submissions and said they remained in dialogue with commenters and would continue reviewing data submitted during the notice phase.
Why it matters: Chapter 69 governs on-site wastewater systems used by hundreds of thousands of property owners; removing the existing hierarchy could change which systems are installed more widely, with commenters arguing that could affect water quality and homeowner costs. The committee members urged further stakeholder engagement and signaled hesitation about advancing the proposal unchanged.
The department did not adopt a final rule during the hearing and said it was continuing to review submitted studies and comments.