Iowa Administrative Code

determined by the department. c. Tier 1 report completeness and accuracy. A Tier 1 report is considered to be complete if it contains all the information and data required by this rule and the department Tier 1 guidance. The report is accurate if the information and data is reaso…

135.11(1) General. Tier 3 site assessment. Unless specifically limited by rule or an imminent hazard exists, an owner or operator may choose to prepare a Tier 3 site assessment as an alternative to completion of a Tier 2 assessment under 567—135.10(455B) or as an alternative to c…

(1) Spill, overfill or any aboveground release of petroleum that results in a release to the environment that exceeds 25 gallons, causes a sheen on nearby surface water, impacts adjacent property, or contaminates groundwater; and (2) Spill, overfill or any aboveground release of …

135.13(1) For each confirmed release that is classified as high or low risk, the department must provide notice to the public by means designated to reach those members of the public directly affected by the release and the recommended corrective action response. This notice may …

substances as regulated by this chapter. These action levels shall be used to determine if further corrective action under rules 567—135.6(455B) through 567—135.12(455B) or rule 567—135.15(455B) is required as the result of tank closure sampling under subrule 135.15(3) or other a…

information must include, but is not necessarily limited to, the following: a. Data on the nature and estimated quantity of release. b. Results of any release investigation and confirmation actions required by subrule 135.6(3). c. Results of the free product investigations requir…

contaminated soils beyond one foot of contaminated soils is considered expedited corrective action and must be conducted by a certified groundwater professional in accordance with the procedures in 135.12(11). b. Excavated contaminated soils must be properly disposed in accordanc…

135.17(1) General. The ability to pay guidance procedures referenced in this rule will be used by the department when an owner or operator of an underground storage tank (UST) claims to be financially unable to comply with corrective action requirements under 567—135.7(455B) to 5…

135.18(1) Risk-based corrective action assessment reports, corrective action plans, and corrective action design reports accepted before August 6, 2008. Any owner or operator who had a Tier 2 site cleanup report, Tier 3 report, or corrective action design report approved by the d…

135.19(1) General. The objective of analyzing for MTBE is to determine its presence in water samples collected as part of investigation and remediation of contamination for underground storage tank facilities. 135.19(2) Required MTBE testing. Water samples must be analyzed for MT…

“Aboveground release” means any release to the surface of the land or to surface water. This includes, but is not limited to, releases from the aboveground portion of a UST system and aboveground releases associated with overfills and transfer operations as the regulated substanc…

Reinstatement Criterion: The owner or operator must submit a compliance inspection report as provided in rule 567—135.20(455B). (9) The owner or operator has failed to take necessary abatement action in response to a confirmed release as provided in subrules 135.7(2) and 135.7(3)…

systems. 135.21(1) General requirements. a. Implementation of requirements. Owners and operators must comply with the requirements of this rule for UST systems with field-constructed tanks and airport hydrant systems as follows: (1) For UST systems installed on or before June 23,…

135.3(1) Performance standards for new UST systems. In order to prevent releases due to structural failure, corrosion, or spills and overfills for as long as the UST system is used to store regulated substances, all owners and operators of new UST systems must meet the following …

135.4(1) Spill and overfill control. a. Owners and operators must ensure that releases due to spilling or overfilling do not occur. The owner and operator must ensure that the volume available in the tank is greater than the volume of product to be transferred to the tank before …

and 567—135.7(455B). This remedy may be in addition to the assessment of penalties as provided in Iowa Code section 455B.476 and other appropriate injunctive relief necessary to correct violations. e. Due process prior to initiation of a delivery prohibition response action. (1) …

135.6(1) Reporting of suspected releases. Owners and operators of UST systems must report to the department within 24 hours, or within 6 hours in accordance with 567—Chapter 131 if a hazardous condition exists as defined in 567—131.1(455B), or another reasonable time period speci…

hazardous substances. 135.7(1) General. Owners and operators of petroleum or hazardous substance UST systems must, in response to a confirmed release from the UST system, comply with the requirements of this rule except for USTs excluded under 135.1(3)“b” and UST systems subject …

135.8(1) General. The objective of risk-based corrective action is to effectively evaluate the risks posed by contamination to human health, safety and the environment using a progressively more site- specific, three-tiered approach to site assessment and data analysis. Based on …

135.9(1) General. The main objective of a Tier 1 site assessment is to reasonably determine the highest concentrations of chemicals of concern which would be associated with any suspected or confirmed release and an accurate identification of applicable receptors. The potential s…

136.1(1) This chapter applies to owners and operators of all petroleum underground storage tank (UST) systems except as otherwise provided in this rule. 136.1(2) Owners and operators of petroleum UST systems are subject to these requirements. 136.1(3) State and federal government…

136.10(1) An owner or operator may satisfy the requirements of rule 567—136.4(455B) by obtaining an irrevocable standby letter of credit that conforms to the requirements of this subrule. The issuing institution must be an entity that has the authority to issue letters of credit …

136.11(1) An owner or operator may satisfy the requirements of rule 567—136.4(455B) by establishing a trust fund that conforms to the requirements of this rule. The trustee must be an entity that has the authority to act as a trustee and whose trust operations are regulated and e…

136.12(1) An owner or operator using any one of the mechanisms authorized by rules 567— 136.7(455B), 567—136.9(455B) or 567—136.10(455B) must establish a standby trust fund when the mechanism is acquired. The trustee of the standby trust fund must be an entity that has the author…

136.13(1) A general purpose local government owner or operator and/or local government serving as a guarantor may satisfy the requirements of rule 567—136.4(455B) by having a currently outstanding issue or issues of general obligation bonds of $1 million or more, excluding refund…

136.14(1) A local government owner or operator may satisfy the requirements of rule 567— 136.4(455B) by passing the financial test specified therein. To be eligible to use the financial test, the local government owner or operator must have the ability and authority to assess and…

136.15(1) A local government owner or operator may satisfy the requirements of rule 567— 136.4(455B) by obtaining a guarantee that conforms to the requirements of this rule. The guarantor must be either the state in which the local government owner or operator is located or a loc…

requirements of rule 567—136.4(455B) by establishing a dedicated fund account that conforms to the requirements of this rule. Except as specified in subrule 136.16(2), a dedicated fund may not be commingled with other funds or otherwise used in normal operations. A dedicated fund…

136.17(1) An owner or operator may substitute any alternate financial assurance mechanisms as specified in this chapter provided that at all times an effective financial assurance mechanism or combination of mechanisms that satisfied the requirements of rule 567—136.4(455B) is ma…

136.18(1) Except as otherwise provided, a provider of financial assurance may cancel or fail to renew an assurance mechanism by sending a notice of termination by certified mail to the owner or operator. For claims-made policies, the notice of termination must clearly advise the …

136.19(1) An owner or operator must submit the appropriate forms listed in subrule 136.20(2) documenting current evidence of financial responsibility to the director of the Iowa department of natural resources. a. Within 30 days after the owner or operator identifies a release fr…

136.20(1) Owners or operators must maintain evidence of all financial assurance mechanisms used to demonstrate financial responsibility under this chapter for an underground storage tank until released from the requirements of this chapter under rule 567—136.22(455B). An owner or…

of coverage specified above. (4) Guarantor agrees to notify [owner or operator] by certified mail of a voluntary or involuntary proceeding under Title 11 (Bankruptcy), U.S. Code naming guarantor as debtor, within 10 days after commencement of the proceeding. (5) Guarantor agrees …

maintain financial responsibility under this chapter for an underground storage tank after the tank has been permanently closed or undergoes a change-in-service or, if corrective action is required, after corrective action has been completed and the tank has been permanently clos…

assurance. 136.23(1) Within ten days after commencement of a voluntary or involuntary proceeding under Title 11 (Bankruptcy), U.S. Code, naming an owner or operator as debtor, the owner or operator must notify the director of the Iowa department of natural resources by certified …

136.24(1) If at any time after a standby trust is funded upon the instruction of the director with funds drawn from a guarantee, local government guarantee with standby trust, letter of credit, or surety bond, and the amount in the standby trust is reduced below the full amount o…

“Accidental release” means any sudden or nonsudden release of petroleum arising from operating an underground storage tank that results in a need for corrective action and/or compensation for bodily injury or property damage neither expected nor intended by the tank owner or oper…

136.4(1) Owners or operators of petroleum underground storage tanks must demonstrate financial responsibility for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleu…

136.5(1) Subject to the limitations of subrule 136.5(2): a. An owner or operator, including a local government owner or operator, may use any one or combination of the mechanisms listed in rules 567—136.6(455B) to 567—136.12(455B) to demonstrate financial responsibility under thi…

136.6(1) An owner or operator, and/or guarantor, may satisfy the requirements of rule 567—136.4(455B) by passing a financial test as specified in this rule. To pass the financial test of self- insurance, the owner or operator, and/or guarantor must meet the criteria of subrule 13…

136.7(1) An owner or operator may satisfy the requirements of rule 567—136.4(455B) by obtaining guarantee that conforms to the requirements of this rule. The guarantor must be: a. A firm that possesses a controlling interest in the owner or operator; possesses a controlling inter…

136.8(1) An owner or operator may satisfy the requirements of rule 567—136.4(455B) by obtaining liability insurance that conforms to the requirements of this rule from a qualified insurer or risk retention group. Such insurance may be in the form of a separate insurance policy or…

136.9(1) An owner or operator may satisfy the requirements of rule 567—136.4(455B) by obtaining a surety bond that conforms to the requirements of this rule. The surety company issuing the bond must be among those listed as acceptable sureties on federal bonds in the latest Circu…

137.1(1) Authority. This chapter is adopted under the authority of Iowa Code Supplement chapter 455H. These rules establish the policy and procedures for the voluntary enrollment of contaminated property in the “land recycling program” established under chapter 455H. These rules …

137.10(1) Purpose. The purpose of the demonstration of compliance section is to provide a mechanism by which to verify that: a. Appropriate and acceptable standards are complied with and that compliance can be reasonably expected to continue in the future; b. Any and all remedial…

137.11(1) Eligibility. An enrolled site shall be eligible to obtain a no further action classification, when the department determines the participant has met all compliance standards of this chapter applicable to the affected area and the hazardous substances actually identified…

“Affected area” means any real property affected, suspected of being affected, or modeled to be likely affected by a release occurring at an enrolled site. “Affiliate” means a corporate parent, subsidiary, or predecessor of a participant, a co-owner or co- operator of a participa…

137.3(1) Property eligible for enrollment. Unless excluded by statute or this rule and subject to eligibility conditions specified in this chapter, property which has been or is suspected to be the site of or affected by a release of a hazardous substance as defined in Iowa Code …

137.4(1) Purpose. This rule defines the basis and procedure for establishing background standards in groundwater, soil, surface water, and air. Background standards represent concentrations of contaminants that are naturally occurring or generally present and not related to a rea…