Iowa Administrative Code › Agency 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 11 - Claims › Rule 591-11.5 - Cost Recovery and Containment

Current through Register Vol. 47, No. 3, July 24, 2024
The board, in addition to measures described to 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.
(1)
Definitions.
For purposes of this rule, the following terms
			 shall have the meanings set forth below:
"Affiliate "
means a person who, directly or
				indirectly through one or more intermediaries, controls or is controlled by or
				is under common control with the person specified. Entities which have one or
				more officers or directors in common, whether simultaneously or otherwise,
				shall be rebuttably presumed to be affiliates.
"Control, " "controlling, " "controlled by" and "under
				common control with" means the possession,
direct or indirect, of the
				power to direct or cause the direction of the management and policies or
				day-to-day activities of a person, whether through ownership, by contract, or
				otherwise.
"Predecessor"
means a person the major portion
				of whose business and assets another person acquired in a single succession or
				in a series of related successions in which the acquiring person acquired the
				major portion of the business and assets of the acquired person.
(2)
Liens on tank sites.
a. The board shall have a lien upon real
			 property where an underground storage tank, which was the subject of corrective
			 action, was or is situated and the board has incurred expenses related to the
			 property.
b. The board's lien shall
			 be in the amount the owner or operator of the underground storage tank is
			 liable to the fund.
c. The
			 liability of an owner or operator shall be no less than the full and total
			 costs of corrective action and bodily injury or property damage to third
			 parties, as specified in Iowa Code section
			 455G.13(1),
			 if the owner or operator has not complied with the financial responsibility or
			 other underground storage tank rules of DNR or the fund or with Iowa Code
			 chapter 455G.
d. The liability of
			 an owner or operator eligible for assistance under the remedial account shall
			 be no less than the amount of any unpaid portion of the deductible or
			 copayment.
e. A lien shall attach
			 at the later of the following: the date the fund incurs an expense related to
			 the property or the date the board mails a certified letter, return receipt
			 requested, to the last-known address of the owner or operator demanding payment
			 for fund expenses.
f. Liens under
			 this rule shall continue for ten years from the time the lien attaches unless
			 sooner released or otherwise discharged. The lien may be extended, within ten
			 years from the date the lien attaches, by filing for record a notice with the
			 appropriate county official of the appropriate county and from the time of such
			 filing, the lien shall be extended to the property in such county for ten
			 years, unless sooner released or otherwise discharged, with no limit on the
			 number of extensions.
g. In order
			 to preserve a lien against subsequent mortgagees, purchasers, or judgment
			 creditors, for value and without notice of the lien, on any property situated
			 in a county, the board shall file with the recorder of the county in which the
			 property is located a notice of the lien. The county recorder of each county
			 shall record such liens in the index of income tax liens. The recorder shall
			 endorse on each notice of lien the day, hour, and minute when received and
			 preserve the notice, and shall immediately index the notice in the index book
			 and record the lien in the manner provided for recording real estate mortgages,
			 and the lien shall be effective from the time of indexing.
h. The board shall pay a recording fee as
			 provided in Iowa Code section
			 331.604
			 for the recording of the lien, or for its satisfaction.
i. Upon the payment of the lien as to which
			 the board has filed notice with a county recorder, the board shall file with
			 the recorder a satisfaction of the lien and the recorder shall enter said
			 satisfaction on the notice on file in the recorder's office and indicate that
			 fact on the index.