Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IX - Spills and Hazardous Conditions › Chapter 135 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks › Rule 567-135.17 - Evaluation of Ability to Pay

Current through Register Vol. 47, No. 3, July 24, 2024
(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
				567-135.12 (455B) or closure
				investigation requirements under
				567-135.15 (455B). If an owner
				or operator of a regulated UST claims to be financially unable to meet these
				departmental requirements, that responsible party must provide documentation of
				the party's finances on forms provided by the department in order for the
				department to act on the claim of financial inability. The department may
				request additional financial documentation to verify or supplement reported
				information.
(2) Individual claims.
				The financial ability of individual owners and operators of USTs, with or
				without an active business (including but not limited to sole proprietorships
				and general partnerships), may be evaluated using the most current version of
				"INDIPAY" developed by the U.S. Environmental Protection Agency and generally
				accepted principles of financial analysis. This guidance is only one tool the
				department may use in evaluating claims of financial inability.
(3) Corporate claims. The financial ability
				of corporate owners and operators of USTs may be evaluated using the most
				current version of "ABEL" developed by the U.S. Environmental Protection Agency
				and generally accepted principles of financial analysis. This guidance is only
				one tool the department may use in evaluating claims of financial
				inability.
(4) Federal LUST Trust
				Fund. The financial ability of owners and operators of USTs shall be evaluated
				for the purpose of determining if the department is authorized to use Federal
				LUST Trust Fund moneys as provided in the current cooperative agreement with
				the U.S. Environmental Protection Agency, Region VII. A determination of
				financial inability does not create an entitlement or any expectation interest
				on behalf of an owner or operator that Federal LUST Trust Fund moneys will be
				used for corrective action at any individual site.
(5) The evaluation of financial ability will
				also be used by the department in making other administrative planning
				decisions including but not limited to decisions as to whether to pursue and
				when to pursue administrative or judicial enforcement of regulatory and
				statutory duties and the assessment of penalties. A determination of financial
				inability does not create an entitlement or expectation interest that
				enforcement actions will be deferred or suspended. The evaluation of this
				factor is only one of many affecting the department's fully discretionary
				decisions regarding enforcement options and program planning.
(6) An evaluation of financial inability as
				provided in this rule does not relieve any owner or operator of legal liability
				to comply with department rules or Iowa Code chapter 455B or provide a defense
				to any legal actions to establish liability or enforce compliance.