Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IX - Spills and Hazardous Conditions › Chapter 137 - Iowa Land Recycling Program and Response Action Standards › Rule 567-137.3 - Enrollment in Land Recycling Program

Current through Register Vol. 47, No. 3, July 24, 2024
(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 Supplement section 455H. 103 is eligible for enrollment
				beginning October 27, 1998. The following sites shall not be enrolled in the
				land recycling program:
a. Property with
				petroleum releases associated with underground storage tanks subject to
				regulation under Iowa Code chapter 45 5B, division IV, part 8; and department
				rules under 567-Chapter 135. (However, property affected by releases of
				"regulated substances" from underground storage tanks other than petroleum as
				defined in rule 567-1352. (455B) subject to
				regulation under 567-Chapter 135 may be enrolled under this chapter.) Property
				enrolled and affected by a release from underground storage tanks of regulated
				substances other than petroleum will be subject to the response action
				standards in this chapter rather than those in
				567-1358. (455B) through
				135.12(455B). See also 567-paragraph 135.1(3)
"e."
b. Property which has been placed or is
				proposed to be included on the national priorities list established pursuant to
				the federal Comprehensive Environmental Response, Compensation, and Liability
				Act (CERCLA), 42 U.S.C. Section 9601 et seq. A property will be considered
				proposed at the time that a public notice of intent to list the property on the
				national priorities list is published in the Federal Register in accordance
				with
				40 CFR
				300425..
c. An animal feeding operation structure as
				defined in Iowa Code section 455B.161.
d. Properties subject to administrative or
				judicial enforcement action by the department or the Environmental Protection
				Agency or subject to an administrative or judicial consent order addressing
				environmental conditions. These properties may be eligible for enrollment only
				with the written approval of and under such terms as determined by the
				enforcing agency.
e. Eligible
				properties which are or may be affected by or commingled with ineligible
				releases or conditions will be evaluated on a case-by-case basis to determine
				their appropriateness for enrollment. Only the eligible property and
				participant(s) will be afforded the benefits and immunities available under
				Iowa Code Supplement chapter 455H. Any protections provided by issuance of a no
				further action certificate will be limited by and may be subject to reopening
				due to future conditions associated with the ineligible release. Considerations
				for enrollment or exclusion include but are not limited to the following:
(1) The extent to which eligible releases and
				site conditions can be assessed and response action(s) designed and implemented
				independent of the ineligible releases and property.
(2) The extent to which the liability and
				other protections offered by Iowa Code Supplement chapter 455H and the
				conditions of a no further action certificate can reasonably be defined to
				apply to the eligible site without consideration of or dependence on future
				conditions associated with the ineligible release and property.
(3) The extent to which a participant is
				willing to conduct all response action(s) necessary to address the health,
				safety and environmental conditions implicated by both eligible and ineligible
				releases and conditions. The extent to which a nonparticipant responsible for
				the ineligible release and property can establish an intention and ability to
				cooperatively address and share costs associated with the commingled conditions
				and satisfy both the standards in this chapter and any other regulatory
				standards applicable to the ineligible release or condition.