reglab/housing_qa huggingface dataset:
IA Code § 455G.12 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455G - FUEL STORAGE TANKS AND DISPENSING INFRASTRUCTURE|Section 455G.12 - Board authority for prioritization.

455G.12 Board authority for prioritization.   1. If the board determines that, within the realm of sound business judgment and practice, prioritization of assistance is necessary in light of funds available for loan guarantees or insurance coverage, the board may develop rules for assistance or coverage prioritization based upon adherence or planned adherence of the owner or operator to higher than minimum environmental protection and safety compliance considerations.   2. Prior to the adoption of prioritization rules, the board shall at minimum review the following issues:   a. The positive environmental impact of assistance prioritization.   b. The economic feasibility, including the availability of private financing, for an owner or operator to obtain priority status.   c. Any negative impact on Iowa’s rural petroleum distribution network which could result from prioritization.   d. Any similar prioritization systems in use by the private financing or insurance markets in this state, including terms, conditions, or exclusions.   e. The intent of this subchapter that the board shall maximize the availability of reasonably priced, financially sound insurance coverage or loan guarantee assistance.  89 Acts, ch 131, §53; 2011 Acts, ch 25, §143; 2013 Acts, ch 90, §127
IA Code § 455G.14 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455G - FUEL STORAGE TANKS AND DISPENSING INFRASTRUCTURE|Section 455G.14 - Fund not subject to regulation.

455G.14 Fund not subject to regulation.   The fund is not subject to regulation under chapter 502 or Title XIII, subtitle 1.  89 Acts, ch 131, §55; 98 Acts, ch 1068, §14; 2005 Acts, ch 19, §68
IA Code § 455G.15 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455G - FUEL STORAGE TANKS AND DISPENSING INFRASTRUCTURE|Section 455G.15 - Fund not part of the Iowa insurance guaranty association.

455G.15 Fund not part of the Iowa insurance guaranty association.   Notwithstanding any other provisions of law to the contrary, the fund shall not be considered an insurance company or insurer under the laws of this state and shall not be a member of nor be entitled to claim against the Iowa insurance guaranty association created under chapter 515B.  89 Acts, ch 131, §56
IA Code § 455G.16 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455G - FUEL STORAGE TANKS AND DISPENSING INFRASTRUCTURE|Section 455G.16 - Financial institution participation in fund.

455G.16 Financial institution participation in fund.   1. The board may impose conditions on the participation of a financial institution in the fund. Conditions shall be reasonably intended to increase the quantity of private capital available for loans to tank owners or operators who are small businesses within the meaning of section 455G.2. Additionally, the board may offer incentives to financial institutions meeting conditions imposed by the board. Incentives may include extended fund coverage of corrective action or third-party liability expenses, waiver of copayment or deductible requirements, or other benefits not offered to other participants, if reasonably intended to increase the quantity of private capital available for loans by an amount greater than the increased costs of the incentives to the fund.   2. Third-party liability expenses under this section specifically exclude any claim, cause of action, or suit, for personal injury including but not limited to loss of use or of private enjoyment, mental anguish, false imprisonment, wrongful entry or eviction, humiliation, discrimination, or malicious prosecution.  89 Acts, ch 131, §57; 91 Acts, ch 252, §37; 2019 Acts, ch 24, §104  Referred to in §455G.9
IA Code § 455G.17 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455G - FUEL STORAGE TANKS AND DISPENSING INFRASTRUCTURE|Section 455G.17 - Inspectors — education — registration.

455G.17 Inspectors — education — registration. Repealed by  2007 Acts, ch 171, §11, 13  . See §455B.474.
IA Code § 455G.18 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455G - FUEL STORAGE TANKS AND DISPENSING INFRASTRUCTURE|Section 455G.18 - Groundwater professionals — certification.

455G.18 Groundwater professionals — certification. Repealed by  2007 Acts, ch 171, §12  . See §455B.474.
IA Code § 455G.19 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455G - FUEL STORAGE TANKS AND DISPENSING INFRASTRUCTURE|Section 455G.19 - Environmental damage offset.

455G.19 Environmental damage offset. Repealed by 95 Acts, ch 215, §29.
IA Code § 455G.20 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455G - FUEL STORAGE TANKS AND DISPENSING INFRASTRUCTURE|Section 455G.20 - Final approval.

455G.20 Final approval.   Notwithstanding any other provision to the contrary, the department of natural resources shall have final approval for a determination as to when remediation shall begin on a site.  92 Acts, ch 1217, §9
IA Code § 455G.21 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455G - FUEL STORAGE TANKS AND DISPENSING INFRASTRUCTURE|Section 455G.21 - Marketability fund.

455G.21 Marketability fund.   1. A marketability fund is created as a separate fund in the state treasury under the control of the board. The board shall administer the marketability fund. Notwithstanding section 8.33, moneys remaining in the marketability fund at the end of each fiscal year shall not revert to the general fund but shall remain in the marketability fund. The marketability fund shall include, notwithstanding section 12C.7, interest earned by the marketability fund or other income specifically allocated to the marketability fund.   2. The marketability fund shall be used for the following purposes:   a. The innocent landowners fund shall be established as a separate fund in the state treasury under the control of the board. The innocent landowners fund shall include any moneys recovered pursuant to cost recovery enforcement under section 455G.13. Notwithstanding section 455G.1, subsection 2, benefits for the costs of corrective action may be provided to the owner of a petroleum-contaminated property, or an owner or operator of an underground storage tank located on the property, who is not otherwise eligible to receive benefits under section 455G.9 due to the date on which the release causing the contamination was reported or the date the claim was filed. An owner of a petroleum-contaminated property, or an owner or operator of an underground storage tank located on the property, shall be eligible for payment of corrective action costs subject to copayment requirements under section 455G.9, subsection 4. The board may adopt rules conditioning receipt of benefits under this paragraph to those petroleum-contaminated properties which present a higher degree of risk to the public health and safety or the environment and may adopt rules providing for denial of benefits under this paragraph to a person who did not make a good faith attempt to comply with the provisions of this subchapter. This paragraph does not confer a legal right to an owner of petroleum-contaminated property, or an owner or operator of an underground storage tank located on the property, for receipt of benefits under this paragraph.   b. The remainder of the moneys shall be used for payment of remedial benefits as provided in section 455G.9.   3. Moneys in the fund shall not be used for purposes of bonding or providing security for bonding under this subchapter.  95 Acts, ch 215, §28, 34; 96 Acts, ch 1034, §69, 71; 98 Acts, ch 1065, §6; 99 Acts, ch 114, §37, 38; 2001 Acts, ch 51, §3; 2010 Acts, ch 1061, §61; 2013 Acts, ch 90, §134, 135  Referred to in §455G.3, 455G.8, 455G.9
IA Code § 455G.22 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455G - FUEL STORAGE TANKS AND DISPENSING INFRASTRUCTURE|Section 455G.22 - No further action fund.

455G.22 No further action fund. Repealed by  2000 Acts, ch 1226, §21, 30  . See §455G.9(1k).
IA Code § 455G.23 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455G - FUEL STORAGE TANKS AND DISPENSING INFRASTRUCTURE|Section 455G.23 - Aboveground petroleum storage tank fund.

455G.23 Aboveground petroleum storage tank fund. Repealed by its own terms;  2004 Acts, ch 1094, §4, 6  .
IA Code § 455G.31 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455G - FUEL STORAGE TANKS AND DISPENSING INFRASTRUCTURE|Section 455G.31 - E-85 gasoline storage and dispensing infrastructure.

455G.31 E-85 gasoline storage and dispensing infrastructure.   1. a. As used in this section, unless the context otherwise requires:   (1) “Dispenser” includes a motor fuel pump, including but not limited to a motor fuel blender pump.   (2) “E-85 gasoline”, “ethanol blended gasoline”, and “retail dealer” mean the same as defined in section 214A.1.   (3) “Gasoline storage and dispensing infrastructure” means any storage tank located below ground or above ground and any associated equipment including but not limited to a pipe, hose, connection, fitting seal, or motor fuel pump, which is used to store, measure, and dispense gasoline by a retail dealer.   (4) “Motor fuel pump” means the same as defined in section 214.1.   b. Ethanol blended gasoline shall be designated in the same manner as provided in section 214A.2.   2. A retail dealer may use gasoline storage and dispensing infrastructure to store and dispense ethanol blended gasoline classified as E-9 or higher if the department of natural resources under this subchapter or the state fire marshal under chapter 101 determines that it is compatible with the ethanol blended gasoline being used.   3. a. A retail dealer may use a dispenser that does not satisfy the requirement in subsection 2 to dispense ethanol blended gasoline classified as higher than E-10 if the dispenser’s manufacturer has submitted the dispenser to an independent testing laboratory to be listed as compatible for use with E-85 gasoline. In addition, the retail dealer must install an under-dispenser containment system with electronic monitoring. The under-dispenser containment system shall comply with applicable rules adopted by the department of natural resources and the state fire marshal.   b. If within ten years from the date that a dispenser described in paragraph “a” is installed the same model of dispenser is listed as compatible for use with E-85 gasoline by an independent testing laboratory, the dispenser shall be deemed as compatible for use with ethanol blended gasoline classified as E-9 or higher up to and including E-85 by the department of natural resources and the state fire marshal. However, if after that time the same model of dispenser is not listed as compatible for use with E-85 gasoline by an independent testing laboratory, paragraph “a” no longer applies and the retail dealer must upgrade or replace the dispenser as necessary to be listed as compatible for use with E-85 gasoline.  2006 Acts, ch 1142, §25; 2006 Acts, ch 1185, §122; 2007 Acts, ch 22, §80; 2007 Acts, ch 211, §47 – 49; 2008 Acts, ch 1169, §22 – 25, 30; 2009 Acts, ch 105, §1; 2011 Acts, ch 34, §104; 2013 Acts, ch 90, §136; 2018 Acts, ch 1026, §142  Referred to in §159A.14, 323.4A
IA Code § 455H.101 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455H - LAND RECYCLING AND REMEDIATION STANDARDS|Section 455H.101 - Short title.

455H.101 Short title.   This chapter shall be known and may be cited as the “Iowa Land Recycling and Environmental Remediation Standards Act”.  97 Acts, ch 127, §1
IA Code § 455H.102 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455H - LAND RECYCLING AND REMEDIATION STANDARDS|Section 455H.102 - Scope.

455H.102 Scope.   The environmental remediation standards established under this chapter shall be used for any response action or other site assessment or remediation that is conducted at a site enrolled pursuant to this chapter notwithstanding provisions regarding water quality in chapter 455B, division III; hazardous conditions in chapter 455B, division IV, part 4; hazardous waste and substance management in chapter 455B, division IV, part 5; underground storage tanks, other than petroleum underground storage tanks, in chapter 455B, division IV, part 8; and groundwater protection in chapter 455E.  97 Acts, ch 127, §2; 2011 Acts, ch 9, §7
IA Code § 455H.104 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455H - LAND RECYCLING AND REMEDIATION STANDARDS|Section 455H.104 - Declaration of policy.

455H.104 Declaration of policy.   The general assembly finds and declares all of the following:   1. Some real property in Iowa is not put to its highest productive use because it is contaminated or it is perceived to be contaminated as a result of past activity on the property. The reuse of these sites is an important component of a sound land-use policy that will prevent the needless development of prime farmland and open-space and natural areas, and reduce public expenditures for installing new infrastructure.   2. Incentives should be put in place to encourage capable persons to voluntarily develop and implement cleanup plans.   3. The safe reuse of property should be encouraged through the adoption of environmental remediation standards developed through an open process which take into account the risks associated with any release at the site. Any remediation standards adopted by this state must provide for the protection of the public health and safety and the environment.  97 Acts, ch 127, §4
IA Code § 455H.105 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455H - LAND RECYCLING AND REMEDIATION STANDARDS|Section 455H.105 - Duties of the commission.

455H.105 Duties of the commission.   The commission shall do all of the following:   1. Adopt rules pertaining to the assessment, evaluation, and cleanup of the presence of hazardous substances which allow participants to carry out response actions using background standards, statewide standards, or site-specific cleanup standards pursuant to this chapter.   2. Adopt rules establishing statewide standards and criteria for determination of background standards and site-specific cleanup standards.   3. Adopt rules establishing a program intended to encourage and enhance assessment, evaluation, and cleanup of sites which may have been the site of or affected by a release.   4. Adopt rules establishing a program to administer the land recycling fund established in section 455H.401.   5. Adopt rules establishing requirements for the submission, performance, and verification of site assessments, cleanup plans, and certifications of completion. The rules shall provide that all site assessments, cleanup plans, and certifications of completion submitted by a participant shall be prepared by or under the supervision of an appropriately trained professional, including a groundwater professional certified pursuant to section 455B.474.   6. Adopt rules for public notice of the proposed verification of a certificate of completion by the department where the certificate of completion is conditioned on the use of an institutional or technological control.  97 Acts, ch 127, §5; 2007 Acts, ch 171, §9
IA Code § 455H.106 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455H - LAND RECYCLING AND REMEDIATION STANDARDS|Section 455H.106 - Duties of the department.

455H.106 Duties of the department.   The department shall do all of the following:   1. Enter into agreements or issue orders in connection with the enrollment of property into a program established pursuant to this chapter.   2. Issue no further action letters upon the demonstration of compliance with applicable standards for an affected area by a participant.   3. Enter into agreements or issue orders providing for institutional and technological controls to assure compliance with applicable standards pursuant to this chapter.   4. Take actions necessary, including the revocation, suspension, or modification of permits or agreements, the issuance of orders, and the initiation of administrative or judicial proceedings, to enforce the provisions of this chapter and any agreements, covenants, easements, or orders issued pursuant to this chapter.  97 Acts, ch 127, §6
IA Code § 455H.201 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455H - LAND RECYCLING AND REMEDIATION STANDARDS|Section 455H.201 - Cleanup standards.

455H.201 Cleanup standards.   1. a. A participant carrying out a response action shall take such response actions as necessary to assure that conditions in the affected area comply with any of the following, as applicable:   (1) Background standards established pursuant to section 455H.202.   (2) Statewide standards established pursuant to section 455H.203.   (3) Site-specific cleanup standards established pursuant to section 455H.204.   b. Any remediation standard which is applied must provide for the protection of the public health and safety and the environment.   2. A participant may use a combination of these standards to implement a site remediation plan and may propose to use the site-specific cleanup standards whether or not efforts have been made to comply with the background or statewide standards.   3. Until rules setting out requirements for background standards, statewide standards, or site-specific cleanup standards are finally adopted by the commission and effective, participants may utilize site-specific cleanup standards for any hazardous substance utilizing the procedures set out in the department’s rules implementing risk-based corrective action for underground storage tanks and, where relevant, the United States environmental protection agency’s guidance regarding risk assessment for superfund sites.   4. The standards may be complied with through a combination of response actions that may include, but are not limited to, treatment, removal, technological or institutional controls, and natural attenuation and other natural mechanisms, and can include the use of innovative or other demonstrated measures.  97 Acts, ch 127, §8; 2011 Acts, ch 25, §143
IA Code § 455H.202 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455H - LAND RECYCLING AND REMEDIATION STANDARDS|Section 455H.202 - Background standards.

455H.202 Background standards.   1. Methods to identify background standards shall be adopted by the commission after consideration of the joint recommendations of the department and the technical advisory committee.   2. The demonstration that the affected area meets the background standard shall be documented by the participant in the following manner:   a. Compliance with the background standard shall be demonstrated by collection and analysis of representative samples from environmental media of concern.   b. A final report that documents compliance with the background standard shall be submitted to the department and shall include, as appropriate, all of the following:   (1) A description of procedures and conclusions of the site investigation to characterize the nature, extent, direction, volume, and composition of hazardous substances.   (2) The basis for selecting environmental media of concern, descriptions of removal or decontamination procedures performed in remediation, and summaries of sampling methodology and analytical results which demonstrate that the background standard has been complied with.   (3) The basis for determining the background levels.  97 Acts, ch 127, §9  Referred to in §455H.201
IA Code § 455H.205 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455H - LAND RECYCLING AND REMEDIATION STANDARDS|Section 455H.205 - Variances.

455H.205 Variances.   1. A participant may apply to the department for a variance from any applicable provision of this chapter.   2. The department may issue a variance from applicable standards only if the participant demonstrates all of the following:   a. The participant demonstrates either of the following:   (1) It is technically infeasible to comply with the applicable standards.   (2) The cost of complying with the applicable standards exceeds the benefits.   b. The proposed alternative standard or set of standards in the terms and conditions set forth in the application will result in an improvement of environmental conditions in the affected area and ensure that the public health and safety will be protected.   c. The establishment of and compliance with the alternative standard or set of standards in the terms and conditions is necessary to promote, protect, preserve, or enhance employment opportunities or the reuse of the enrolled site.   3. If requested by a participant, the department may issue a variance from any other provision of this chapter if the department determines that the variance would be consistent with the declaration of policy of this chapter and is reasonable under the circumstances.  97 Acts, ch 127, §12
IA Code § 455H.207 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455H - LAND RECYCLING AND REMEDIATION STANDARDS|Section 455H.207 - Response action — permitting requirements.

455H.207 Response action — permitting requirements.   1. A participant who would be otherwise required to obtain a permit, license, plan approval, or other approval from the department under any provision of the Code may obtain a consolidated standards permit for the activities in connection with the response action for which the permit, license, plan approval, or other approval is required. The consolidated standards permit shall encompass all the substantive requirements applicable to those activities under any applicable federal or state statute, rule, or regulation and any agreements the director had entered into with the United States environmental protection agency under those statutes, rules, or regulations.   2. In addition to any other notice or hearing requirements of relevant chapters, at least ten days prior to issuing a permit under this section, the director shall publish a notice of the proposed permit which contains a general description of the activities to be conducted in the affected area under the permit. The notice shall be published in the official newspaper, as designated by the county board of supervisors pursuant to section 349.1, of the county in which the site is located. A person may submit written or oral comments on or objections to the permit. After considering the comments and objections, the director shall approve or deny the application for the consolidated standards permit.   3. A participant issued a consolidated standards permit under this section in connection with a particular activity is not required to obtain a permit, license, plan approval, or other approval from the department in connection with any activity under the applicable provisions of the Code or rules. A participant who obtains a consolidated standards permit for a particular activity is deemed to be in compliance with the requirement to obtain from the department a permit, license, plan approval, or other approval in connection with the activity under the applicable provisions of the Code or rules. A violation of the conditions of the consolidated standards permit shall be deemed to be a violation of the applicable statute, rule, or regulation under which approval of activities in connection with a response action would have been required and is subject to enforcement in the same manner and to the same extent as a violation of the applicable statute, rule, or regulation would have been.  97 Acts, ch 127, §14