reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 4 - Board Procedure for Rule Making › Rule 591-4.6 - Regulatory Analysis

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Definition of small business. A
"small business" is defined in
			 Iowa Code section
			 17A.4A(7).
(2)
Mailing list.
Small
			 businesses or organizations of small businesses may be registered on the
			 board's small business impact list by making a written application addressed to
			 Administrator, Iowa Comprehensive Petroleum Underground Storage Tank Fund
			 Board, 2700 Westown Parkway, Suite 320, West Des Moines, Iowa 50266. The
			 application for registration shall state:
a.
			 The name of the small business or organization of small businesses;
b. Its address;
c. The name of a person authorized to
			 transact business for the applicant;
d. A description of the applicant's business
			 or organization. An organization representing 25 or more persons who qualify as
			 a small business shall indicate that fact.
e. Whether the registrant desires copies of
			 Notices of Intended Action at cost, or desires advance notice of the subject of
			 all or some specific category of proposed rule making affecting small business.
The board may at any time request additional information from
				the applicant to determine whether the applicant is qualified as a small
				business or as an organization of 25 or more small businesses. The board may
				periodically send a letter to each registered small business or organization of
				small businesses asking whether that business or organization wishes to remain
				on the registration list. The name of a small business or organization of small
				businesses will be removed from the list if a negative response is received, or
				if no response is received within 30 days after the letter is sent.
Iowa Administrative Code › Agency 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 4 - Board Procedure for Rule Making › Rule 591-4.7 - Fiscal Impact Statement

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A
			 proposed rule that mandates additional combined expenditures exceeding $100,000
			 by all affected political subdivisions or agencies and entities which contract
			 with political subdivisions to provide services must be accompanied by a fiscal
			 impact statement outlining the costs associated with the rule. A fiscal impact
			 statement must satisfy the requirements of Iowa Code section
			 25B.6.
(2) If the board determines at the time it
			 adopts a rule that the fiscal impact statement upon which the rule is based
			 contains errors, the board shall, at the same time, issue a corrected fiscal
			 impact statement and publish the corrected fiscal impact statement in the Iowa
			 Administrative Bulletin.
Iowa Administrative Code › Agency 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 4 - Board Procedure for Rule Making › Rule 591-4.8 - Time and Manner of Rule Adoption

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Time of adoption.
The
			 board shall not adopt a rule until the period for making written submissions
			 and oral presentations has expired. Within 180 days after the later of the
			 publication of the Notice of Intended Action, or the end of oral proceedings
			 thereon, the board shall adopt a rule pursuant to the rule-making proceeding or
			 terminate the proceeding by publication of a notice to that effect in the Iowa
			 Administrative Bulletin.
(2)
Consideration of public comment.
Before the adoption of a
			 rule, the board shall consider fully all of the written submissions and oral
			 submissions received in that rule-making proceeding or any memorandum
			 summarizing such oral submissions, and any regulatory analysis or fiscal impact
			 statement issued in that rule-making proceeding.
(3)
Reliance on hoard
			 expertise.
Except as otherwise provided by law, the board may use its
			 own experience, technical competence, specialized knowledge, and judgment in
			 the adoption of a rule.
Iowa Administrative Code › Agency 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 4 - Board Procedure for Rule Making › Rule 591-4.9 - Variance Between Adopted Rule and Published Notice of Proposed Rule Adoption

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The board shall
			 not adopt a rule that differs from the rule proposed in the Notice of Intended
			 Action on which the rule is based unless:
a.
			 The differences are within the scope of the subject matter announced in the
			 Notice of Intended Action and are in character with the issues raised in that
			 notice; and
b. The differences are
			 a logical outgrowth of the contents of that Notice of Intended Action and the
			 comments submitted in response thereto; and
c. The Notice of Intended Action provided
			 fair warning that the outcome of that rule-making proceeding could be the rule
			 in question.
Iowa Administrative Code › Agency 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 4 - Board Procedure for Rule Making › Rule 591-4.10 - Exemptions From Public Rule-making Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Omission of notice and
			 comment.
To the extent the board for good cause finds that public
			 notice and participation are unnecessary, impracticable, or contrary to the
			 public interest in the process of adopting a particular rule, the board may
			 adopt that rule without publishing advance Notice of Intended Action in the
			 Iowa Administrative Bulletin and without providing for written or oral public
			 submissions prior to its adoption. The board shall incorporate the required
			 finding and a brief statement of its supporting reasons in each rule adopted in
			 reliance upon this subrule.
(2)
Public proceedings on rules adopted without them.
The board
			 may, at any time, commence a standard rule-making proceeding for the adoption
			 of a rule that is identical or similar to a rule it adopts in reliance upon
			 subrule 4.10(1). Upon written petition by a governmental subdivision, the
			 administrative rules review committee, a board, the administrative rules
			 coordinator, an association having not less than 25 members, or at least 25
			 persons, the board shall commence a standard rule-making proceeding for any
			 rule specified in the petition that was adopted in reliance upon subrule
			 4.10(1). Such a petition must be filed within one year of the publication of
			 the specified rule in the Iowa Administrative Bulletin as an adopted rule. The
			 rule-making proceeding on that rule must be commenced within 60 days of the
			 receipt of such a petition. After a standard rule-making proceeding commenced
			 pursuant to this subrule, the board may either readopt the rule it adopted
			 without benefit of all usual procedures on the basis of subrule 4.10(1), or may
			 take any other lawful action, including the amendment or repeal of the rule in
			 question, with whatever further proceedings are appropriate.
Iowa Administrative Code › Agency 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 4 - Board Procedure for Rule Making › Rule 591-4.11 - Concise Statement of Reasons

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
When requested by a person, either prior to the
			 adoption of a rule or within 30 days after its publication in the Iowa
			 Administrative Bulletin as an adopted rule, the board shall issue a concise
			 statement of reasons for the rule. Requests for such a statement must be in
			 writing and be delivered to Administrator, Iowa Comprehensive Petroleum
			 Underground Storage Tank Fund Board, 2700 Westown Parkway, Suite 320, West Des
			 Moines, Iowa 50266. The request should indicate whether the statement is sought
			 for all or only a specified part of the rule. Requests will be considered made
			 on the date received.
(2)
Contents.
The concise statement of reasons shall contain:
a. The reasons for adopting the
			 rule;
b. An indication of any
			 change between the text of the proposed rule contained in the published Notice
			 of Intended Action and the text of the rule as finally adopted, with the
			 reasons for any such change;
c. The
			 principal reasons urged in the rule-making proceeding for and against the rule,
			 and the board's reasons for overruling the arguments made against the
			 rule.
Iowa Administrative Code › Agency 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 4 - Board Procedure for Rule Making › Rule 591-4.12 - Contents, Style, and Form of Rule

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Contents.
Each rule adopted by the board shall contain the
			 text of the rule and, in addition:
a. The
			 date the board adopted the rule;
b.
			 A brief explanation of the principal reasons for the rule-making action if such
			 reasons are required by Iowa Code section
			 17A.4(1)
"b "
or the board in its
			 discretion decides to include such reasons;
c. A reference to all rules repealed,
			 amended, or suspended by the rule;
d. A reference to the specific statutory or
			 other authority authorizing adoption of the rule;
e. Any findings required by any provision of
			 law as a prerequisite to adoption or effectiveness of the rule;
f. A brief explanation of the principal
			 reasons for the failure to provide for waivers to the rule if no waiver
			 provision is included and a brief explanation of any waiver or special
			 exceptions provided in the rule if such reasons are required by Iowa Code
			 section
			 17A.4(I)
"b "
or the board in its
			 discretion decides to include such reasons; and
g. The effective date of the rule.
Iowa Administrative Code › Agency 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 4 - Board Procedure for Rule Making › Rule 591-4.13 - Board Rule-making Record

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Requirement.
The board shall maintain an official rule-making
			 record for each rule it proposes by publication in the Iowa Administrative
			 Bulletin of a Notice of Intended Action, or adopts. The rule-making record and
			 materials incorporated by reference must be available for public
			 inspection.
(2)
Contents.
The board rule-making record shall contain:
a. Copies of all publications in the Iowa
			 Administrative Bulletin with respect to the rule or the proceeding upon which
			 the rule is based and any file-stamped copies of board submissions to the
			 administrative rules coordinator concerning that rule or the proceeding upon
			 which it is based;
b. Copies of any
			 portions of the board's public rule-making docket containing entries relating
			 to the rule or the proceeding upon which the rule is based;
c. All written petitions, requests, and
			 submissions received by the board, and all other written materials of a factual
			 nature as distinguished from opinion that are relevant to the merits of the
			 rule and that were created or compiled by the board and considered by the board
			 chairperson, in connection with the formulation, proposal, or adoption of the
			 rule or the proceeding upon which the rule is based, except to the extent the
			 board is authorized by law to keep them confidential; provided, however, that
			 when any such materials are deleted because they are authorized by law to be
			 kept confidential, the board shall identify in the record the particular
			 materials deleted and state the reasons for that deletion;
d. Any official transcript of oral
			 presentations made in the proceeding upon which the rule is based or, if not
			 transcribed, the stenographic record or electronic recording of those
			 presentations, and any memorandum prepared by a presiding officer summarizing
			 the contents of those presentations;
e. A copy of any regulatory analysis or
			 fiscal impact statement prepared for the proceeding upon which the rule is
			 based;
f .A copy of the rule and
			 any concise statement of reasons prepared for that rule;
g. All petitions for amendment or repeal or
			 suspension of the rule;
h. A copy
			 of any objection to the issuance of that rule without public notice and
			 participation that was filed pursuant to Iowa Code section
			 17A.4(2)
			  by the administrative rules review
			 committee, the governor, or the attorney general;
i. A copy of any objection to the rule filed
			 by the administrative rules review committee, the governor, or the attorney
			 general pursuant to Iowa Code section
			 17A.4(4),
			 and any board response to that objection;
j. A copy of any significant written
			 criticism of the rule, including a summary of any petitions for waiver of the
			 rule; and
k. A copy of any
			 executive order concerning the rule.
Iowa Administrative Code › Agency 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 4 - Board Procedure for Rule Making › Rule 591-4.14 - Filing of Rules

Current through Register Vol. 47, No. 3, July 24, 2024
The board shall file each rule it adopts in the office of the
				administrative rules coordinator The filing must be executed as soon after
				adoption of the rule as is practicable. At the time of filing, each rule must
				have attached to it any fiscal impact statement and any concise statement of
				reasons that was issued with respect to that rule. If a fiscal impact statement
				or statement of reasons for that rule was not issued until a time subsequent to
				the filing of that rule, the note or statement must be attached to the filed
				rule within five working days after the note or statement is issued. In filing
				a rule, the board shall use the standard form prescribed by the administrative
				rules coordinator.
Iowa Administrative Code › Agency 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 4 - Board Procedure for Rule Making › Rule 591-4.15 - Effectiveness of Rules Prior to Publication

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Grounds.
The board may
			 make a rule effective after its filing at any stated time prior to 35 days
			 after its indexing and publication in the Iowa Administrative Bulletin if it
			 finds that a statute so provides, the rule confers a benefit or removes a
			 restriction on some segment of the public, or that the effective date of the
			 rule is necessary to avoid imminent peril to the public health, safety, or
			 welfare. The board shall incorporate the required finding and a brief statement
			 of its supporting reasons in each rule adopted in reliance upon this
			 subrule.
(2)
Special
			 notice.
When the board makes a rule effective prior to its indexing
			 and publication in reliance upon the provisions of Iowa Code section
			 17A.5(2)
"b
"(3), the board shall
			 employ all reasonable efforts to make its contents known to the persons who may
			 be affected by that rule prior to the rule's indexing and publication. The term
			 "all reasonable efforts" requires the board to employ the most effective and
			 prompt means of notice rationally calculated to inform potentially affected
			 parties of the effectiveness of the rule that is justified and practical under
			 the circumstances considering the various alternatives available for this
			 purpose, the comparative costs to the board of utilizing each of those
			 alternatives, and the harm suffered by affected persons from any lack of notice
			 concerning the contents of the rule prior to its indexing and publication. The
			 means that may be used for providing notice of such rules prior to their
			 indexing and publication include, but are not limited to, any one or more of
			 the following means: radio, newspaper, television, signs, mail, telephone,
			 personal notice or electronic means.
A rule made effective prior to its indexing and publication in
				reliance upon the provisions of Iowa Code section 17A.5(2)
"b
"(3) shall include in that rule a statement describing the reasonable efforts
				that will be used to comply with the requirements of subrule
				4.15(2).
Iowa Administrative Code › Agency 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 4 - Board Procedure for Rule Making › Rule 591-4.16 - General Statements of Policy

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Compilation, indexing, public inspection.
The board shall
			 maintain an official, current, and dated compilation that is indexed by
			 subject, containing all of its general statements of policy within the scope of
			 Iowa Code sections
			 17A.2(11)
"a, " "c, " "f, " "g, " "h,
			 "
and
"k. "
Each addition to, change in, or deletion
			 from the official compilation must also be dated, indexed, and a record thereof
			 kept. Except for those portions containing rules governed by Iowa Code section
			 17A.2(11)
"f, "
or otherwise
			 authorized by law to be kept confidential, the compilation must be made
			 available for public inspection and copying.
(2)
Enforcement of requirements.
			 A
general statement of policy subject to the requirements of this
			 subsection shall not be relied on by the board to the detriment of any person
			 who does not have actual, timely knowledge of the contents of the statement
			 until the requirements of subrule 4.16(1) are satisfied. This provision is
			 inapplicable to the extent necessary to avoid imminent peril to the public
			 health, safety, or welfare.
Iowa Administrative Code › Agency 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 4 - Board Procedure for Rule Making › Rule 591-4.17 - Review by Board of Rules

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Any
			 interested person, association, board, or political subdivision may submit a
			 written request to the administrative rules coordinator requesting the board to
			 conduct a formal review of a specified rule. Upon approval of that request by
			 the administrative rules coordinator, the board shall conduct a formal review
			 of a specified rule to determine whether a new rule should be adopted instead
			 or the rule should be amended or repealed. The board may refuse to conduct a
			 review if it has conducted such a review of the specified rule within five
			 years prior to the filing of the written request.
(2) In conducting the formal review, the
			 board shall prepare within a reasonable time a written report summarizing its
			 findings, its supporting reasons, and any proposed course of action. The report
			 must include a concise statement of the board's findings regarding the rule's
			 effectiveness in achieving its objectives, including a summary of any available
			 supporting data. The report shall also concisely describe significant written
			 criticisms of the rule received during the previous five years, including a
			 summary of any petitions for waiver of the rule received by the board or
			 granted by the board. The report shall describe alternative solutions to
			 resolve the criticisms of the rule, the reasons any were rejected, and any
			 changes made in the rule in response to the criticisms as well as the reasons
			 for the changes. A copy of the board's report shall be sent to the
			 administrative rules review committee and the administrative rules coordinator
			 The report must also be available for public inspection.
Iowa Administrative Code › Agency 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 9 - Ust Fund Board Authority to Transfer Liabilities to a Third Party (LOSS PORTFOLIO TRANSFERS) › Rule 591-9.1 - Board Authority for Loss Portfolio Transfers

Current through Register Vol. 47, No. 3, July 24, 2024
The board may enter into a transaction with a third party to
				transfer a portion or all of the board's liabilities. The board maintains the
				sole discretion to pursue such a transaction and may elect to pursue or not to
				pursue such a transaction based on whether or not the board deems such a
				transaction to be in the best interest of the program.
Iowa Administrative Code › Agency 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 9 - Ust Fund Board Authority to Transfer Liabilities to a Third Party (LOSS PORTFOLIO TRANSFERS) › Rule 591-9.2 - Board Liability Subsequent to a Loss Portfolio Transfer

Current through Register Vol. 47, No. 3, July 24, 2024
Once a claim is transferred as part of a loss portfolio
				transfer transaction, the board, pursuant to Iowa Code Supplement section
				455G.6(17),
				shall not reimburse any further costs associated with that
				claim.
Iowa Administrative Code › Agency 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 9 - Ust Fund Board Authority to Transfer Liabilities to a Third Party (LOSS PORTFOLIO TRANSFERS) › Rule 591-9.3 - Minimum Criteria to Be Evaluated

Current through Register Vol. 47, No. 3, July 24, 2024
In order to determine whether or not a transfer of a portion or
				all of its liabilities is in the best interest of the program, the board will
				evaluate, at a minimum, the following criteria:
(1) Effect on overall cost to reach closure
			 on sites.
(2) Effect on speed with
			 which site closure will be accomplished.
(3) Qualifications of the potential acquiring
			 entity, including but not limited to:
a.
			 Financial viability.
b. Experience
			 with environmental claims.
c.
			 Knowledge of corrective action guidelines.
Iowa Administrative Code › Agency 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 9 - Ust Fund Board Authority to Transfer Liabilities to a Third Party (LOSS PORTFOLIO TRANSFERS) › Rule 591-9.4 - Proposal Confidentiality

Current through Register Vol. 47, No. 3, July 24, 2024
Any proposal submitted to the board will be handled in
				accordance with applicable Iowa law with regard to
				confidentiality.
Iowa Administrative Code › Agency 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 9 - Ust Fund Board Authority to Transfer Liabilities to a Third Party (LOSS PORTFOLIO TRANSFERS) › Rule 591-9.5 - Requirement to Seek Bids

Current through Register Vol. 47, No. 3, July 24, 2024
Any agreement to transfer liabilities shall be awarded on a
				competitive basis to the maximum extent practical. In those situations where it
				is determined that public bidding is not practical, the basis for the
				determination of impracticability shall be documented by the board or its
				designee.
Iowa Administrative Code › Agency 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 9 - Ust Fund Board Authority to Transfer Liabilities to a Third Party (LOSS PORTFOLIO TRANSFERS) › Rule 591-9.6 - Proposal Review

Current through Register Vol. 47, No. 3, July 24, 2024
The board will review and respond within a reasonable time
				frame to any proposal submitted seeking a transfer of liabilities. Any board
				decision to enter into an agreement to transfer liabilities shall be completed
				consistent with public meeting laws in effect at that time. Work required by
				the department of natural resources at the site may not be delayed pending
				review of a proposal. Claims will continue to be handled in accordance with
				board policy during any pending proposal.
Iowa Administrative Code › Agency 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 11 - Claims › Rule 591-11.1 - Reserving and Payment of Claims Pursuant to Iowa Code Sections 455g.9 and 455g.21

Current through Register Vol. 47, No. 3, July 24, 2024
(1) All claims
			 shall be investigated and overall fund liability estimated. Claims shall be
			 reserved for their estimated exposure to the fund on the specific site. The
			 reserve shall reflect the estimated exposure less copayment or deductible
			 obligations.
(2) Reserves shall
			 reflect estimated total cost to the program, regardless of actual funding
			 provided.
(3) Prioritization
			 pursuant to Iowa Code section
			 455G.12
			 shall be accomplished with rules if required and as determined by the
			 board.
(4) An estimated reserve for
			 incurred but not reported claims shall be developed.
(5) Reserves may be changed to reflect
			 changing knowledge on eligible claims.
(6) Owner or operator compliance with
			 regulatory and program requirements shall be evaluated as part of the
			 investigation. Failure to meet regulatory and program requirements which exist
			 at the time of payment may result in cost recovery claims as provided under
			 Iowa Code section 4550.13.
(7)
			 Cause of loss and determination of responsible parties shall be ascertained as
			 a part of the investigation process. Independent environmental consultants may
			 be retained to assist in the determination of the cause of the release and for
			 the application of coverage.
Iowa Administrative Code › Agency 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 11 - Claims › Rule 591-11.3 - Eligible Costs

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Claims may
			 be paid monthly. Claim payments will include all approved expenses, including
			 tank and piping removal for active systems if the tank and piping removal
			 occurred on or before March 17, 1999, and other costs as provided in Iowa Code
			 chapter 45 5 G. Replacement of excavated materials shall be a reimbursable
			 expense. Contractors and groundwater professionals shall confirm that the work
			 meets DNR requirements.
(2) The
			 board shall reimburse or pay eligible expenses only if those expenses have been
			 approved prior to the commencement of work, as required by Iowa Code section
			 455G.12A.
			 No corrective action costs shall be reimbursed unless reasonable, necessary and
			 approved by the board or its designee.
(3) When practical to do so, the board shall
			 bid any work associated with this chapter with firms that have indicated to the
			 administrator an interest to be on the board's list of firms supplying goods or
			 services. Any firm supplying goods and services including, but not limited to,
			 testing laboratories, cleanup equipment manufacturers and leak detection
			 testing firms may also be included in the vendor list.
(4) Reimbursement to the owner, operator or
			 contractor under this chapter is subject to overall site cleanup report
			 prioritization and classification. Sites which are classified as low risk are
			 eligible for remedial account benefits for monitoring expenses required by Iowa
			 Code section
			 455B.474(1)
			  y"(6), unless the tank is removed, upgraded,
			 or replaced.
(5) The board may
			 reimburse expenses associated with tank systems described in paragraphs
			 11.2(5)
"a"
to
"c"
when all of the following
			 conditions have been documented:
a. The
			 release for which benefits are being requested is from tanks operated on a site
			 which is otherwise eligible for benefits under Iowa Code section
			 455G.9(1);
			 and
b. The release for which
			 benefits are being requested is commingled with an on-site release which is
			 eligible for benefits under Iowa Code chapter 455 G; and
c. The site has had active underground
			 storage tanks continuously from the date of the release for which benefits are
			 being requested until the date on which the release for which the site is
			 currently eligible for benefits was reported to DNR; and
d. The claimant certifies that the tanks for
			 which benefits are being requested will be permanently closed within 90 days of
			 notification of eligibility and does permanently close the tanks in compliance
			 with rule
			 567-135.9
			 (455B) within the 90 days; and
e.
			 All other eligibility requirements have been met.
Iowa Administrative Code › Agency 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 13 - Community Remediation › Rule 591-13.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
As used herein:
"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
				coordinated testing, planning or remediation involving two or more tank sites
				potentially connected with a continuous contaminated area.
"DNR"
means the Iowa department of natural
				resources.
"Packaged community remediation "
means the
				grouping together of more than one community remediation project in the overall
				request for proposal process developed by the board. The purpose of the
				packaged community remediation program is to provide for the efficient handling
				of multiple community remediation projects and to develop accurate
				environmental data to ensure correct site classification, appropriate
				corrective action design, monitoring and cleanup to DNR's standards. Each site
				in a packaged community remediation project shall meet the DNR's requirements
				relative to site cleanup reports and corrective action.
"Site cleanup report (SCR)"
means a report
				that addresses the overall size and scope of contamination involving an
				underground storage tank site. The report is designed to advise DNR and the UST
				board of pertinent information concerning the release reported at that site.
				The report must address all pertinent requirements of Iowa Code section
				455B.474,
				subsection 1, paragraphs
"d"
and
"f"
Iowa Administrative Code › Agency 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 13 - Community Remediation › Rule 591-13.3 - Contractor Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(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 project but who is not chosen for that
			 ongoing work is required to supply any and all records of any work performed on
			 that site. Failure to supply documentation requested will terminate any future
			 payments to that contractor on any other work until the information requested
			 has been received. After a community remediation or packaged community
			 remediation contract award to a contractor, no further work can be done by the
			 prior contractor on any site within a community remediation or packaged
			 community remediation project without prior written authorization from the
			 administrator
(2) Contracts for
			 community remediation or packaged community remediation projects may be
			 required to be subject to a bidding process. Contracts for community
			 remediation or packaged community remediation may be bid among the contractors
			 expressing an interest to the board or administrator when it is deemed by the
			 board to be in the best interest of the program. The board may charge a fee to
			 anyone requesting a copy of the request for proposal to cover the expense of
			 providing the request.
a. Corrective action
			 design, construction, monitoring and remediation, as defined in Iowa Code
			 section 455G.2, shall be subject to
			 public bid as much as practical.
b.
			 The request for proposals for corrective action design, construction,
			 monitoring and remediation shall include only sites which have jointly
			 contributed to a plume of contamination as indicated by the site cleanup
			 report.
c. Sites included in the
			 site cleanup report phase of activity but which have not contributed to a
			 common plume of contamination may participate in the corrective action
			 community remediation or packaged community remediation project subject to
			 written request, but only upon written approval by the administrator Locations
			 which are not in a common plume may also complete necessary corrective action
			 subject to budget approval as provided in 591-Chapter 11.
d. Corrective action for emergency
			 conditions, free product recovery or abandoned tanks found during the
			 completion of required site cleanup reports shall not require a separate
			 bidding because this corrective action is within the terms of the contract for
			 the community remediation or packaged community remediation project. Should
			 free product or abandoned tanks be found during completion of a site cleanup
			 report in a community remediation or packaged community remediation project,
			 the contractor shall be authorized, upon administrator approval, to remove free
			 product and abandoned tanks.
Iowa Administrative Code › Agency 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 13 - Community Remediation › Rule 591-13.4 - Contracts, Change Orders and Final Costs

Current through Register Vol. 47, No. 3, July 24, 2024
(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.
(2) Change orders
			 may be negotiated for:
a. Extraordinary costs,
			 including:
(1) Extensive rock drilling if not
			 originally included in the request for proposal.
(2) Unexpected vapor analysis in caverns,
			 caves and sinkholes.
(3) Confined
			 space personal protection gear if required.
(4) Additional drilling if the depth to the
			 aquifer greatly exceeded the estimates in the request for proposals.
(5) The completion of boreholes to monitoring
			 wells when groundwater contamination is found during the project.
(6) Additional borings or monitoring wells to
			 define transition zones as requested by the DNR.
(7) Any other situations where approved by
			 the administrator or the board when authorized to do so.
Iowa Administrative Code › Agency 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 13 - Community Remediation › Rule 591-13.5 - Recovery of Free Product Discovered During the Completion of a Site Cleanup Report in a Community Remediation or Packaged Community Remediation Project

Current through Register Vol. 47, No. 3, July 24, 2024
(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 submittal, product disposal, free
			 product recovery systems and any other related cost shall be paid by the fund
			 as an emergency response cost after budget approval by the
			 administrator
(2) Free product
			 recovery during completion of a site cleanup report shall be considered
			 temporary abatement of the free product, not a permanent solution. Cost
			 recovery against all responsible parties shall be sought by the
			 board.
(3) The board may require
			 that the use of equipment to remove free product during completion of the site
			 cleanup reports be publicly bid in an effort to achieve the lowest overall
			 cost. Any such bids shall include services for tracking, storage, maintenance
			 and movement of systems as deemed appropriate by the administrator and the DNR.
			 If public bidding occurs, all costs will be paid by the board. Equipment
			 purchased would be rented to each owner or operator for the length of time that
			 the system was needed to meet necessary DNR corrective action
			 standards.
(4) If more than one
			 site contributed to a free product contamination plume, costs for each
			 contributor shall be allocated on a pro rata basis with each participant
			 sharing the overall cost for free product removal equally. The administrator,
			 at the written request of one or more of the owners or operators included in
			 the community remediation or packaged community remediation project, may
			 consider other methods of allocating costs for the work completed. The owner or
			 operator making such request shall outline the method of allocation as an
			 alternative. The board or its designee may allow the proposed alternative or
			 may allocate costs as previously outlined in this rule.
(5) Each owner or operator shall be
			 responsible for free product recovery and required reports to the DNR. The
			 selected contractor or consultant shall routinely maintain the system and
			 submit all necessary reports to the DNR.
(6) If free product recovery is required
			 after the completion of the site cleanup report phase of activity, the
			 owner/operator shall be responsible for obtaining budget approval of additional
			 activity from the administrator.
(7) Free product recovery costs are subject
			 to deductible and copayments obligations.
(8) Costs for work associated with a specific
			 site, even those involving free product which has merged, shall be paid by the
			 owner and operator of the site and shall not be prorated.
Iowa Administrative Code › Agency 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 13 - Community Remediation › Rule 591-13.6 - Completion of Corrective Action Design Reports

Current through Register Vol. 47, No. 3, July 24, 2024
(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
			 process based on the overall effects to business operations.
(2) Selection shall be based on the best
			 combination of the proposed technology and the capital and long-term
			 costs.
(3) The board shall have the
			 right to renegotiate the cost of services after the completion of the
			 corrective action design report and prior to the actual installation of
			 corrective action measures designed to remediate the site.
(4) The board's selection of technology does
			 not relieve an owner/operator from the obligation to cooperate with the board.
			 Failure to cooperate may result in the loss of benefits. The board reserves the
			 right to rebid during the review of submitted proposals. The technology
			 selected by the board shall be provided to the owner/operator for review. The
			 owner may propose alternative technology, provided that it does not slow down
			 the process and has DNR approval and the cost of presenting such alternatives
			 is borne by the owner or operator The board is not obligated to follow
			 alternative suggestions.
Iowa Administrative Code › Agency 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 13 - Community Remediation › Rule 591-13.7 - Payment for Corrective Action and the Completion of the Corrective Action Design Report When Commingled Plumes Exist

Current through Register Vol. 47, No. 3, July 24, 2024
(1) All work in this phase of activity is
			 subject to the copayment and deductibles in Iowa Code section
			 455G.9.
(2) The board shall pay fund benefits
			 directly to the consultant. The owner/operator shall pay the balance to the
			 consultant with proof of payment provided to the administrator
(3) Costs shall be borne equally by all sites
			 contributing to the plume, unless specific action is required attributable to a
			 specific site, such as overexcavation. Costs of specific action attributable to
			 a specific site shall be borne by the owner/operator at the site in accordance
			 with the level of copayment and deductible that remains the owner/operator's
			 responsibility.
(4) Nothing herein
			 will diminish or extinguish the rights of individual owners or operators to
			 seek recovery of funds paid by other affected parties.
Iowa Administrative Code › Agency 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 13 - Community Remediation › Rule 591-13.8 - Selection of a Consultant When the Plume of Contamination Is Attributable to Eligible and Noneligible Sites

Current through Register Vol. 47, No. 3, July 24, 2024
(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.
(2) The board shall
			 determine on a case-by-case basis whether to include and pay for the cost on
			 the corrective action design and cleanup of a noneligible, insolvent or site
			 with limited benefits. If agreement cannot be reached before starting
			 corrective action, based on its impact to the project as a whole, the board
			 shall seek cost recovery on any funds expended on a site with limited benefits
			 that was insolvent or noneligible.
(3) All costs shall be prorated among the
			 sites included in the project.
Iowa Administrative Code › Agency 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 13 - Community Remediation › Rule 591-13.9 - Process for Handling an Owner/operator Who Does Not Want to Participate in the Corrective Action Phase of the Corrective Action Community Remediation or Packaged Community Remediation Project

Current through Register Vol. 47, No. 3, July 24, 2024
(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, for whatever reason, fails to
			 participate.
(2) If settlement is
			 not possible, the board may approve the completion of all work required to meet
			 DNR's guidelines. The board may seek cost recovery against owner/operator not
			 settling with the board.
Iowa Administrative Code › Agency 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 16 - Waivers › Rule 591-16.1 - Definition

Current through Register Vol. 47, No. 3, July 24, 2024
The term "waiver" as used in this chapter means a described
				waiver from a 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.
Iowa Administrative Code › Agency 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 16 - Waivers › Rule 591-16.2 - Scope of Chapter

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter creates standards and a process for granting
				individual 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 shall supersede this
				chapter with respect to any waiver from that rule.
Iowa Administrative Code › Agency 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 16 - Waivers › Rule 591-16.4 - Compliance With Law

Current through Register Vol. 47, No. 3, July 24, 2024
The board may not issue a waiver under this chapter unless the
				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.
Iowa Administrative Code › Agency 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 16 - Waivers › Rule 591-16.5 - Criteria for a Waiver

Current through Register Vol. 47, No. 3, July 24, 2024
The board may issue an order, in response to a completed
				petition, 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 the waiver
				would not prejudice the substantial legal rights of any person, and either
				that:
1. The application of the rule
			 to the person at issue does not advance, to any extent, any of the purposes for
			 the rule or set of rules; or
2. All
			 of the following criteria have been met:
* The application of the rule or set of rules to the person at
				issue would result in an undue hardship or injustice to that person; and
* The waiver on the basis of the particular circumstances
				relative to the specified person would be consistent with the overall public
				interest; and
* The waiver, if related to administrative deadlines, would not
				jeopardize the overall goals of the deadline as established.
In determining whether a waiver would be consistent with the
				public interest, the board shall consider whether, if a waiver is granted, the
				public health, safety, and welfare will be adequately protected by other means
				that will ensure a result that is substantially equivalent to full compliance
				with the rule.
Iowa Administrative Code › Agency 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 16 - Waivers › Rule 591-16.6 - Board Discretion

Current through Register Vol. 47, No. 3, July 24, 2024
The final decision to grant or deny a waiver shall be vested in
				the board. This decision shall be made at the discretion of the board upon
				consideration of relevant facts.
Iowa Administrative Code › Agency 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 16 - Waivers › Rule 591-16.7 - Burden of Persuasion

Current through Register Vol. 47, No. 3, July 24, 2024
The burden of persuasion shall be on the petitioner to
				demonstrate 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