Iowa Administrative Code

11.4(1) Definitions. “Administrator” means the Iowa comprehensive petroleum underground storage tank fund board administrator as provided in Iowa Code section 455G.5. “Automatic in-tank gauging” means a device used for leak detection and inventory control in tanks that meets DNR’…

preapprove all costs, may take other actions to ensure costs are reasonable and to recover moneys spent at sites that become ineligible. Subrogation and cost recovery opportunities shall be pursued against any responsible party, as deemed appropriate by the board to do so. 11.5(1…

“Administrator” means the person or organization responsible for the day-to-day administrative activities of the program. “Board” means the Iowa comprehensive petroleum underground storage tank fund board or its representatives. “Community remediation” means a program of coordina…

13.2(1) Qualification for remedial account benefits related to a community remediation project is subject to board approval based on the recommendations made to the board by interested parties. 13.2(2) A community remediation project must include at least two sites that have qual…

13.3(1) Any site included in the community remediation or packaged community remediation project may be subject to a bidding process on the work to be done. Any contractor who is or has worked on a site included in the community remediation or packaged community remediation proje…

13.4(1) Contracts shall be negotiated and finalized by the administrator after award by the board but prior to the signing of a contract, based on the most accurate scope of work covering eligible community remediation or packaged community remediation owner/operators. 13.4(2) Ch…

in a community remediation or packaged community remediation project. 13.5(1) The board shall require the consultant or contractor handling the project to perform free product recovery if free product is discovered during the course of the project. Expenses for field time, report…

13.6(1) The selection of a consultant to prepare the corrective action design shall be by public bidding. The board shall establish guidelines which measure the technical and cost aspects of the proposal. Owners or operators that are affected may also provide input into the proce…

report when commingled plumes exist. 13.7(1) All work in this phase of activity is subject to the copayment and deductibles in Iowa Code section 455G.9. 13.7(2) The board shall pay fund benefits directly to the consultant. The owner/operator shall pay the balance to the consultan…

and noneligible sites. 13.8(1) The board shall include all sites sharing a common plume if each party agrees in writing to pay for their costs as determined by these rules. The board shall attempt to negotiate inclusion prior to corrective action design or actual cleanup. 13.8(2)…

corrective action phase of the corrective action community remediation or packaged community remediation project. 13.9(1) The board shall require the participation of all sites in addressing the overall commingled plume and seek a negotiated settlement with the owner/operator who…

specific rule or set of rules of this board applicable only to an identified person on the basis of the particular circumstances of that person. [ARC 5827C, IAB 8/11/21, effective 9/15/21]

ensure that notice of the pendency of the petition, and a concise summary of its contents, have been provided to all persons to whom notice is required by any provision of law, within 30 days of the receipt of the petition. The petitioner shall provide to the board a written stat…

regarding contested case hearings shall apply to any petition for a waiver of a rule or set of rules filed within a contested case, and shall otherwise apply to board proceedings for a waiver only when the board so provides by rule or order, or is required to do so by statute or …

reference to the particular person and rule or portion thereof to which the order pertains, a statement of the relevant facts and reasons upon which the action is based, and a description of the precise scope and operative time period of a waiver if one is issued.

the board deems to be reasonable and appropriate in order to achieve the objectives of the particular rule in question through alternative means.

practicable but, in any event, shall do so within 120 days of its receipt unless the petitioner agrees to a later date. However, if a petition is filed in a contested case, then the board may grant or deny the petition at the time the final decision in that contested case is issu…

required time period shall be deemed a denial of that petition by the board. However, the board shall remain responsible for issuing an order denying a waiver as required by this rule.

shall be transmitted to the petitioner or the person to whom the order pertains and to any other person entitled to such notice by any provision of law. The petitioner shall ensure that notice of the order and a concise summary of its contents have been provided to all persons to…

and denied waivers to the Internet site pursuant to Iowa Code section 17A.9A(4) within 60 days. The submission shall identify the rules for which a waiver has been granted or denied, the number of times a waiver was granted or denied for each rule and a citation to the statutory …

permanent basis, unless specified as permanent. If a waiver is issued without either a specified time frame or a statement clearly identifying the specified waiver as permanent, the waiver will be deemed to be for a duration of 120 days. A waiver will automatically expire if no a…

withdrawn, canceled, or modified if, after appropriate notice and hearing, the board issues an order finding any of the following: 1. The person who was the subject of the waiver order withheld from the board or knowingly misrepresented to the board material facts relevant to the…

waivers from rules adopted by the board in situations where no other more specifically applicable law provides for waivers. To the extent another more specific provision of law purports to govern the issuance of a waiver from a particular rule, the more specific waiver provision …

the particular rule for which the waiver was granted. As a result, the recipient of a waiver under this chapter who violates a condition of the waiver may be subject to the same remedies or penalties as a person who violates the rule at issue.

defense, within the terms and the specific facts indicated therein, for the person to whom the order pertains in any proceeding in which the rule in question is sought to be invoked.

in accordance with Iowa Code chapter 17A and board rules. These appeals shall be taken within ten days of the issuance of the ruling granting or denying the waiver request unless a different time is provided by rule or statute. These rules are intended to implement Iowa Code sect…

exclusive rule-making authority of the board.

waiver is consistent with statute and other provisions of law. No waiver may be granted under this chapter from any mandatory requirement imposed by statute.

granting a waiver from a rule adopted by the board, in whole or in part, as applied to the circumstances of a specified person, if the board finds that the granting of such a waiver would not exceed the authority for granting waivers contained in Iowa Code section 17A.9A, that th…

board. This decision shall be made at the discretion of the board upon consideration of relevant facts.

by clear and convincing evidence that the board should exercise its discretion to grant the petitioner a waiver based upon the criteria contained in this chapter.

where applicable and known to the requester: 1. The name, address, and telephone number of the entity or person for whom a waiver is being requested. To the extent applicable, the petition should also include the site registration number(s) and LUST number(s) and the case number …

may request additional information from the petitioner relative to the petition and surrounding circumstances. If the petition was not filed in a contested case, the board may, on its own motion or at the petitioner’s request, schedule a telephonic or in-person meeting between th…

defined under Iowa Code subsection 17A.2(2). Contested cases generally include, but are not limited to, appeals of rulings made by the administrator on remedial claims under Iowa Code section 455G.9, on loans under Iowa Code section 455G.10, on insurance under Iowa Code section 4…

motions by telephone conference in which all parties have an opportunity to participate. Other telephone proceedings may be held upon order of the presiding officer. The presiding officer will determine the location of the parties and witnesses for telephone hearings. The conveni…

17.11(1) Consolidation. The presiding officer may consolidate any or all matters at issue in two or more contested case proceedings where: a. The matters at issue involve common parties or common questions of fact or law; b. Consolidation would expedite and simplify consideration…

17.12(1) Pleadings may be required by rule, by the notice of hearing, or by order of the presiding officer. 17.12(2) Petition. a. Any petition required in a contested case proceeding shall be filed within 20 days of delivery of the notice of hearing or subsequent order of the pre…

17.13(1) When service required. Except where otherwise provided by law every pleading, motion, document, or other paper filed in a contested case proceeding and every paper relating to discovery in such a proceeding shall be served upon each of the parties of record to the procee…

17.14(1) Discovery procedures applicable in civil actions are applicable in contested cases. Unless lengthened or shortened by these rules or by order of the presiding officer, time periods for compliance with discovery shall be as provided in the Iowa Rules of Civil Procedure. 1…

17.15(1) Issuance. a. A UST board subpoena shall be issued to a party on request. Such a request must be in writing. In the absence of good cause for permitting later action, a request for a subpoena must be received at least three days before the scheduled hearing. The request s…

17.16(1) No technical form for motions is required. However, prehearing motions must be in writing, state the grounds for relief, and state the relief sought. Any motion for summary judgment shall comply with the Iowa Rules of Civil Procedure. 17.16(2) Any party may file a writte…

17.17(1) Any party may request a prehearing conference. A written request for prehearing conference or an order for prehearing conference on the presiding officer’s own motion shall be filed not less than ten days prior to the hearing date. A prehearing conference shall be schedu…

to the presiding officer. 17.18(1) A written application for a continuance shall: a. Be made at the earliest possible time and no less than seven days before the hearing except in case of unanticipated emergencies; b. State the specific reasons for the request; and c. Be signed b…

prior to the hearing only upon the approval of the board or the presiding officer. Unless otherwise provided, a withdrawal shall be with prejudice.

“Administrator” means the Iowa comprehensive petroleum underground storage tank fund program administrator as provided for in Iowa Code section 455G.5. “Agency” means the Iowa comprehensive petroleum underground storage tank fund board or the administrator, as appropriate, having…

17.20(1) Motion. A motion for leave to intervene in a contested case proceeding shall state the grounds for the proposed intervention, the position and interest of the proposed intervenor, and the possible impact of intervention on the proceeding. A proposed answer or petition in…

17.21(1) The presiding officer presides at the hearing and may rule on motions, require briefs, issue a proposed decision, and issue such orders and rulings as will ensure the orderly conduct of the proceedings. 17.21(2) All objections shall be timely made and stated on the recor…

17.22(1) The presiding officer shall rule on admissibility of evidence and may, where appropriate, take official notice of facts in accordance with all applicable requirements of law. 17.22(2) Stipulation of facts is encouraged. The presiding officer may make a decision based on …

17.23(1) If a party fails to appear in a contested case proceeding after proper service of notice, the presiding officer may, if no adjournment is granted, proceed with the hearing and render a decision in the absence of the party. 17.23(2) Where appropriate and not contrary to l…

17.24(1) Prohibited communications. Following issuance of the notice of hearing, there shall be no communication, directly or indirectly, between any party or representative of any party in connection with any issue of fact or law in a case and any person assigned to render a pro…