reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IX - Spills and Hazardous Conditions › Chapter 134 - Underground Storage Tank Licensing and Certification Programs › Rule 567-134.2 - Certification Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A
				groundwater professional must be certified as provided in rule
				567-134.3 (455B) before engaging
				in activities described in rule
				567-134.1 (455B), except that a
				person engaging in activities described in rule
				567-134.1 (455B) need not be
				certified if that person is under direct supervision of a certified groundwater
				professional when engaging in such activities.
(2) In order to be certified as a groundwater
				professional, a person must be one or more of the following:
a. A person certified by the American
				Institute of Hydrology as a Professional Hydrologist, Professional
				Hydrogeologist, or Professional Hydrologist (Groundwater).
b. A person certified by the National Water
				Well Association or Association of Groundwater Scientists and Engineers as a
				Groundwater Professional.
c. A
				person certified by the American Board of Industrial Hygiene as an Industrial
				Hygienist.
d. A professional
				engineer registered in Iowa.
e. A
				professional geologist certified by a national organization (e.g., American
				Institute of Professional Geologists, American Association of Petroleum
				Geologists, Society of Independent Earth Scientists).
f. Any person with five years of direct or
				related experience and training as a groundwater professional or in the field
				of earth sciences. This must include a minimum of at least two years of
				education and training, and two years of experience as a groundwater
				professional.
g. Any person with a
				license, certification, or registration to practice hydrogeology or groundwater
				hydrology issued by any state in the United States or by a national
				organization, provided that the license, certification, or registration process
				requires, at a minimum, both of the following:
(1) Possession of a bachelor's degree from an
				accredited college.
(2) Five years
				of related professional experience.
(3) In order to be certified as a groundwater
				professional, the applicant must complete the two-day risk-based correction
				action (RBCA) course or department-approved course and pass a certification
				examination offered or authorized by the department.
a. An applicant who fails an initial
				examination may take a second examination.
b. Failure of the second examination will
				result in termination of the application. A person may reapply for groundwater
				professional certification. The applicant must complete a regularly scheduled
				course of instruction before retaking the certification examination.
c. Professional engineers who qualify for an
				exemption from taking the certification examination under subrule 134.3(6) must
				attend the RBCA initial course of instruction or department-approved course in
				order to be certified.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IX - Spills and Hazardous Conditions › Chapter 134 - Underground Storage Tank Licensing and Certification Programs › Rule 567-134.3 - Certification Procedure

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Application.
Application for certification shall be made by
				completing a form provided by the department and submitting evidence of meeting
				the requirements found in rule
				567-134.2 (455B) (i.e., copy of
				certificate, license, description of experience and training).
(2)
Certification fee.
The
				initial certification and each renewal application must be accompanied by a
				nonrefundable fee in the form of a check or money order payable to the
				Department of Natural Resources. The certification fee is $200 every two years
				and must be renewed biennially by January 1 of each even-numbered year (i.e.,
				1994, 1996, etc.). No proration of certification fees will be done. The
				department will assess a fee for each training course and examination, based
				upon the cost of preparation and administration.
(3) Rescinded IAB 1/9/02, effective February
				13, 2002.
(4)
Certification
				issuance and renewal.
a. Upon
				receipt, review and acceptance of the application and certificate fee, the
				department shall furnish the applicant with a certificate showing the name of
				the individual and the expiration date.
b. In order to remain valid, a groundwater
				professional certificate must be renewed prior to the expiration date specified
				on the certificate. Renewal applications must be made on a form provided by the
				department and must be received by the department or postmarked at least 60
				days prior to the expiration date of the registration or certification then in
				effect. The renewal application must be accompanied by the registration or
				certification fee specified in subrule 134.3(2) and proof of completing the
				continuing education requirements in 134.3(5).
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IX - Spills and Hazardous Conditions › Chapter 134 - Underground Storage Tank Licensing and Certification Programs › Rule 567-134.4 - Suspension, Revocation and Denial of Certification

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General policy.
It is
				the policy of the department to enforce standards of professional and ethical
				conduct which are generally accepted within the professions which qualify
				persons for certification in Iowa as groundwater professionals. The department
				intends to rely on written standards of professional and ethical conduct and
				competency which are applicable to persons who qualify for certification by
				virtue of certification by or membership in a professional organization.
It is the policy of the department to investigate and enforce
				  standards of conduct by certified groundwater professionals which fall within
				  the scope of their professional relationships with the department, their
				  clients and other state regulatory agencies including the Iowa comprehensive
				  petroleum underground storage tank fund board and their agents.
(2)
Lack of
				qualification.
The department may suspend, revoke or deny
				certification as a groundwater professional for any of the following reasons:
a. A material misstatement of fact in an
				application for certification.
b.
				Failure to provide the fee for certification.
c. Loss of license, certification, or
				registration necessary to meet the certification requirements in subrule
				134.2(2).
d. Insufficient proof of
				qualifications required under rule
				567-134.2 (455B).
e. Failure to successfully complete the
				certification requirements.
f.
				Receipt of a "certificate of noncompliance" with a child support obligation and
				failure to provide a "withdrawal of a certificate of noncompliance" from the
				child support recovery unit as provided in Iowa Code chapter 252J.
g. Default on an obligation owed to or
				collected by the state as provided in Iowa Code section
				421.17(27)
"e."
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IX - Spills and Hazardous Conditions › Chapter 134 - Underground Storage Tank Licensing and Certification Programs › Rule 567-134.5 - Penalty

Current through Register Vol. 47, No. 3, July 24, 2024
A groundwater professional who fails to obtain certification
				  with the department of natural resources as required in this chapter is subject
				  to a civil penalty of $50. A groundwater professional who knowingly or
				  intentionally makes a false statement or misrepresentation which results in a
				  mistaken classification of a site shall be guilty of a serious misdemeanor and
				  shall have the groundwater professional certification
				  revoked.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IX - Spills and Hazardous Conditions › Chapter 134 - Underground Storage Tank Licensing and Certification Programs › Rule 567-134.6 - Definition

Current through Register Vol. 47, No. 3, July 24, 2024
"UST compliance inspector"
means a person
				  who inspects a regulated underground storage tank (UST) to satisfy the
				  requirements of
				  567-13520.
				  (455B) for compliance with UST technical standards in 567-Chapter
				  135.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IX - Spills and Hazardous Conditions › Chapter 134 - Underground Storage Tank Licensing and Certification Programs › Rule 567-134.7 - Certification Requirements for Ust Compliance Inspectors

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A person retained by an owner or operator
				of a UST facility for the purpose of establishing compliance with a UST
				compliance inspection required by the department under rule
				567-135.20 (455B) must hold a
				current UST compliance inspector certification issued by the
				department.
(2) Inspector
				certification will be issued by the department only to a person who:
a. Satisfies one of the following:
(1) Is an Iowa-licensed UST
				installer;
(2) Is an Iowa-licensed
				installation inspector;
(3) Has
				participated on a minimum of 50 on-site compliance inspections with an
				Iowa-certified compliance inspector;
(4) Has two years of experience working with
				petroleum equipment, including installations, maintenance, or testing;
				or
(5) Has other relevant
				experience approved by the department.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IX - Spills and Hazardous Conditions › Chapter 134 - Underground Storage Tank Licensing and Certification Programs › Rule 567-134.9 - Application for Inspector Certification

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The applicant shall be an
				individual.
(2) An applicant for
				inspector certification shall submit, in addition to all applicable fees, an
				application on forms provided by the department. The application shall contain
				the following information:
a. Evidence that
				the applicant meets the experience and qualification prerequisites contained in
				567-134.7(455B).
b. The applicant's
				name, address and telephone number.
c. Other information necessary for a
				determination of the applicant's qualifications.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IX - Spills and Hazardous Conditions › Chapter 134 - Underground Storage Tank Licensing and Certification Programs › Rule 567-134.10 - Training and Certification Examination

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Prior to taking the compliance inspector
				examination, the applicant must attend the department's inspector training
				course or designated approved course.
(2) The department will establish
				administrative and technical content for the examination and the standards and
				criteria against which the department will evaluate candidates in determining
				the fitness of candidates for inspector certification.
(3) At least once in each calendar year, the
				department will schedule a date and location for the examination for
				certification of inspectors.
(4)
				Only applicants who have been authorized by the department to take an
				examination will be admitted to an examination or issued a certification as a
				result of passing an examination. Authorization to take an examination will be
				based on the applicant's compliance with the requirements of this
				chapter.
(5) To receive a passing
				grade on the examination, the applicant for certification must achieve a
				minimum score of 75 percent. An applicant who fails an initial examination may
				take a second examination.
(6) The
				application of an applicant who fails the second examination will be
				terminated. An applicant who fails the second examination may reapply for
				inspector certification but may not retake the examination until the applicant
				has successfully completed a regularly scheduled course of instruction that is
				administered or approved by the department. Successful completion means
				attendance at all sessions of training and attainment of the minimum passing
				grade established by the department for the approved training course.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IX - Spills and Hazardous Conditions › Chapter 134 - Underground Storage Tank Licensing and Certification Programs › Rule 567-134.11 - Renewal of Certification

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Renewal period.
Certification shall be for a two-year period
				and must be renewed by January 1 of each odd-numbered year. Applications for
				renewal must be submitted on a form provided by the department and no later
				than 30 days prior to the expiration date. If a certified inspector fails to
				renew the certification by the expiration date, the department may grant, upon
				a showing of good cause, a 30-day grace period during which the applicant may
				submit the application and payment of the renewal fee as provided in subrule
				134.9(3).
(2)
Continuing
				education.
Certified inspectors must successfully complete eight hours
				of training approved by the department to maintain certification.
(3)
Minimum inspections.
In
				order to renew certification, an inspector must have conducted at least 12
				compliance inspections in the past two years.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IX - Spills and Hazardous Conditions › Chapter 134 - Underground Storage Tank Licensing and Certification Programs › Rule 567-134.12 - Professional Liability Insurance Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
All certified compliance inspectors are required to have
				  professional liability insurance with minimum liability limits of $1 million
				  per occurrence and in the aggregate. All persons covered by the certification
				  provisions of this chapter shall provide written proof of coverage upon request
				  of the department.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IX - Spills and Hazardous Conditions › Chapter 134 - Underground Storage Tank Licensing and Certification Programs › Rule 567-134.13 - Certified Company

Current through Register Vol. 47, No. 3, July 24, 2024
A company employing certified UST compliance inspectors shall
				  be registered with the department as a certified UST compliance company. A
				  company shall lose its certification if it fails to employ at least one
				  certified inspector or if it employs uncertified individuals to do compliance
				  inspections required by the department. The initial and biennial renewal
				  certification fee is $200.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IX - Spills and Hazardous Conditions › Chapter 134 - Underground Storage Tank Licensing and Certification Programs › Rule 567-134.15 - Disciplinary Actions

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
				department may impose disciplinary actions which may include, but are not
				limited to, notices of deficiency, probationary notices, suspension of a
				certification and, pursuant to
				567-134.16 (455B), revocation of
				a certification.
(2) A notice of
				deficiency or probationary notice shall not be an appealable decision. The
				recipient of a notice may contest the basis for the notice in writing, and such
				response shall be made part of the certification record. A person subject to a
				notice to suspend or revoke a certification may appeal the notice as provided
				in 567-Chapter 7.
(3) The
				department may suspend the certification of a certified inspector or certified
				company for good cause, and based on a single act or omission or repeated acts
				or omissions. The suspension may require the certified inspector to take
				remedial measures intended to correct or prevent future acts and omissions.
				Good cause includes, but is not limited to:
a.
				A violation of these rules.
b.
				Negligent misrepresentation of material facts in a compliance report.
c. Negligent failure to identify a material
				violation of UST operation and maintenance standards set out in
				567-134.14 (455B).
d. Repeated failure to conduct compliance
				inspections and submit reports in accordance with the standards set out in
				567-134.14 (455B).
e. Incompetence on the part of the certified
				inspector as evidenced by errors in the performance of duties and activities
				for which the certification was issued.
f. Repeated failure to submit reports of
				inspection activities to the department or the owner and operator as provided
				in 567-134.14
				(455B).
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IX - Spills and Hazardous Conditions › Chapter 134 - Underground Storage Tank Licensing and Certification Programs › Rule 567-134.16 - Revocation of Inspector Certification or Company Certification

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The department
				may revoke the inspector certification or company certification for one or more
				of the following:
a. Willful disregard of, or
				willful or repeated violations of, this chapter or 567-Chapter 135.
b. Fraudulent omissions or misstatements of
				material facts in a compliance inspection report or in other written or oral
				communications with the department.
c. A knowing and willful failure to detect
				and report a material violation of UST operation and maintenance standards as
				part of a compliance inspection required by
				567-135.20 (455B).
d. Acts or omissions warranting suspension
				after having certification previously suspended.
e. The revocation of a certification as an
				installer or installation inspector under rule
				567-134.24 (455B) or
				567-134.27(455B).
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IX - Spills and Hazardous Conditions › Chapter 134 - Underground Storage Tank Licensing and Certification Programs › Rule 567-134.18 - Applicability of Part C

Current through Register Vol. 47, No. 3, July 24, 2024
All persons conducting underground storage tank installations
				  and installation inspections as provided in 567-subparagraph
				  135.3(1)
"e"
(2) and installers, installation inspectors,
				  liners, testers, and removers shall be licensed by the department in accordance
				  with Part C of this chapter. Service technicians as defined in rule
				  567-134.17 (455B) are exempt
				  from licensure under Part C of this chapter.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IX - Spills and Hazardous Conditions › Chapter 134 - Underground Storage Tank Licensing and Certification Programs › Rule 567-134.19 - General Licensing Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
Applications for licenses shall be submitted on a form
				  provided by the department along with all required supporting documentation.
				  Licenses shall be issued and renewed on a two-year calendar basis, beginning
				  January 1 on the odd-numbered years. All applicants must be at least 18 years
				  of age. The applicant shall not have been issued a certificate of noncompliance
				  from the child support recovery unit.
(1)
Licensing
				classifications.
A separate license will be issued for:
a. UST installers;
b. UST removers;
c. UST testers;
d. Cathodic protection testers;
e. UST liners; and
f. Installation inspectors.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IX - Spills and Hazardous Conditions › Chapter 134 - Underground Storage Tank Licensing and Certification Programs › Rule 567-134.20 - License Renewal Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Renewal applications shall be made on a
				form provided by the department and received by the department or postmarked no
				later than December 1 of the expiration year of the license at issue. The
				renewal application shall be accompanied by the $200 renewal fee as specified
				in subrule 134.19(3) and proof of environmental liability insurance as required
				under subrule 134.19(5). Applications received after the December 1 deadline,
				but before the January 1 expiration date, will be accepted and will require an
				additional $50 late fee.
(2) To be
				eligible for renewal, the licensee shall fulfill all continuing education
				requirements, along with any other requirements set forth in each license
				classification rule under Part C of this chapter. The department will consider
				all past disciplinary actions against the licensee when evaluating renewal
				eligibility.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IX - Spills and Hazardous Conditions › Chapter 134 - Underground Storage Tank Licensing and Certification Programs › Rule 567-134.21 - Conflict of Interest

Current through Register Vol. 47, No. 3, July 24, 2024
A licensed individual or a licensed company may not conduct a
				  UST installation inspection at any facility at which the licensee is engaged in
				  professional services which are regulated under Part C of this chapter, e.g.,
				  installations, modifications, repairs, or replacements of UST systems. A person
				  working for a licensed company as an installer, liner, remover, or tester shall
				  not provide services as an installation inspector on sites where UST systems
				  are being installed or lined by the person's prior employer until six months
				  after leaving the prior employer's licensed company. If a licensed individual
				  leaves the employment of a licensed company, the licensed company shall notify
				  the department within 30 days of that occurrence.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IX - Spills and Hazardous Conditions › Chapter 134 - Underground Storage Tank Licensing and Certification Programs › Rule 567-134.22 - Duty to Report

Current through Register Vol. 47, No. 3, July 24, 2024
Any UST professional licensed under Part C of this chapter
				  shall timely report suspected and confirmed releases within 24 hours of
				  discovery (6 hours if a hazardous condition exists) as described in rule
				  567-1356.
				  (455B) to the owner and operator on a form prescribed by the department. The
				  UST professional shall recommend to the owner and operator any release
				  confirmation actions or other investigatory and response actions which in the
				  UST professional's judgment would be consistent with the requirements of rule
				  567-1356.
				  (455B). The UST professional shall submit a copy of the form to the department
				  within seven days of discovering a confirmed release. The UST professional is
				  not responsible for reporting a suspected release as described in rule
				  567-1356.
				  (455B) directly to the department.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IX - Spills and Hazardous Conditions › Chapter 134 - Underground Storage Tank Licensing and Certification Programs › Rule 567-134.23 - Osha Safety Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
All licensed individuals and companies regulated under Part C
				  of this chapter shall conduct their work as required by OSHA safety
				  requirements defined under 29 CFR § 1910(2006). OSHA standards apply
				  whenever flammable, combustible, or hazardous materials are present, especially
				  during the following activities:
1.
				Excavating, placing underground storage tank systems in excavations, and
				ballasting underground storage tank systems with flammable, combustible, or
				hazardous materials.
2. Purging,
				cleaning, and removal of underground storage tank systems which have contained
				flammable, combustible, or hazardous materials.
3. Testing as a part of an installation or
				after the system has been placed in service.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IX - Spills and Hazardous Conditions › Chapter 134 - Underground Storage Tank Licensing and Certification Programs › Rule 567-134.24 - Installers

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Licensure qualifications.
An installer of an underground
				storage tank system shall apply for a license as an installer and shall
				indicate on the license application the types of installations and upgrade
				procedures the installer intends to use. In addition to the licensing
				requirements listed under rule
				567-134.19 (455B), an installer
				must:
a. Provide documentation of at least two
				years of relevant experience;
b.
				Provide documentation of manufacturer certification for past installations and
				proof of current certification for future work including, but not limited to,
				tank systems, piping systems, leak detection and monitoring systems, and
				corrosion protection systems; and
c. Have completed at least 40 hours of OSHA
				training.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IX - Spills and Hazardous Conditions › Chapter 134 - Underground Storage Tank Licensing and Certification Programs › Rule 567-134.25 - Testers

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Licensure and certification.
A tester of underground storage
				tank systems shall apply for licensing as a tester and note on the license
				application the systems and method(s) of testing the tester will use, except
				that a person engaging in testing described in paragraph
				134.25(2)
"b"
need not be licensed if that person is under the
				supervision of an individual licensed under Chapter 134, Part B or Part C, when
				conducting those tests. In addition to the licensing requirements listed under
				rule 567-134.19 (455B), a tester
				shall provide documentation of the following:
a. Current manufacturer certification(s) for
				equipment being used for testing; and
b. Experience as documented by at least one
				of the following:
(1) One year of relevant
				experience.
(2) Completion of a
				minimum of 80 on-site tests with an Iowa-licensed tester.
(3) Other relevant experience as approved by
				the department.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IX - Spills and Hazardous Conditions › Chapter 134 - Underground Storage Tank Licensing and Certification Programs › Rule 567-134.26 - Liners

Current through Register Vol. 47, No. 3, July 24, 2024
In addition to the licensing requirements listed under rule
				  134.19(455B), a liner shall provide documentation of at least two years of
				  relevant experience, provide documentation of manufacturer certification for
				  past linings and proof of current certification for future work, and have
				  completed at least 40 hours of OSHA training.
(1)
Renewal qualifications.
To be eligible for license renewal, a liner shall:
a. Fulfill the department's continuing
				education requirements in rule
				567-13419.
				(455B);
b. Maintain manufacturer
				certification and immediately notify the department if the certification is
				lost; and
c. Complete the annual
				eight-hour Hazardous Waste Operations and Emergency Response (HAZWOPER)
				refresher course.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IX - Spills and Hazardous Conditions › Chapter 134 - Underground Storage Tank Licensing and Certification Programs › Rule 567-134.27 - Installation Inspectors

Current through Register Vol. 47, No. 3, July 24, 2024
In addition to the licensing requirements listed under rule
				  567-134.19 (455B), an
				  installation inspector shall provide documentation of at least two years of
				  experience with underground storage installations, testing, inspecting, or
				  design; documentation of manufacturer certification for past work; and proof of
				  current certification for future work. An engineer who intends to apply for
				  licensure as an installation inspector and who has met the requirements in Iowa
				  to be a registered professional engineer (P.E.) may be exempt from the
				  educational requirement so long as UST installation is in the scope of the
				  engineer's P.E. license and regular practice as provided for in rule
				  567-134.19 (455B). Engineers,
				  however, are not exempt from fulfilling the examination requirement.
(1)
Renewal qualifications.
To be eligible for license renewal, an installation inspector shall fulfill the
				department's continuing education requirements in rule
				567-134.19 (455B) and shall
				maintain manufacturer certification or notify the department within 30 days if
				the certification is lost.
(2)
Documentation of work performed.
a. A copy of the inspection report must be
				submitted within 14 days after the inspection is complete. Both the inspection
				form and DNR Form 148 must be received by the department before the UST system
				can be activated.
b. A licensed
				installation inspector shall inspect the job site a minimum of three times
				during the course of the new tank installation or system upgrade.
c. The installation inspector shall be
				present on site, shall visually observe all inspections, and shall be able to
				attest to the results. A video or other recording device showing the work
				completed by the installer shall not be used nor shall it be an acceptable
				method of providing independent inspection of the work
				completed.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IX - Spills and Hazardous Conditions › Chapter 134 - Underground Storage Tank Licensing and Certification Programs › Rule 567-134.28 - Removers

Current through Register Vol. 47, No. 3, July 24, 2024
In addition to the licensing requirements listed under rule
				  567-13419.
				  (455B), a remover shall provide documentation of at least two years of removal
				  or other relevant experience and complete at least 40 hours of OSHA training.
				  An engineer who intends to apply for licensure as a remover and who has met the
				  requirements in Iowa to be a registered professional engineer (RE.) may be
				  exempt from the licensure requirements under rule 134.19(455B) so long as
				  UST-related work is within the scope of the engineer's RE. license and regular
				  practice. Engineers are not exempt from fulfilling the examination requirement
				  in subrule 134.19(6).
(1)
Renewal qualifications.
To be eligible for license renewal, a
				remover shall:
a. Fulfill the department's
				continuing education requirements in rule
				567-13419.
				(455B);
b. Comply with all local
				permitting and notice requirements;
c. Comply with department-issued UST closure
				guidance; and
d. Complete the
				annual eight-hour Hazardous Waste Operations and Emergency Response (HAZWOPER)
				refresher course.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IX - Spills and Hazardous Conditions › Chapter 134 - Underground Storage Tank Licensing and Certification Programs › Rule 567-134.29 - Disciplinary Actions

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General policy.
It is the policy of the department to enforce
				standards of professional and ethical conduct which are generally accepted
				within the professions which qualify a person for licensure in Iowa under Part
				C of this chapter. The department intends to investigate and enforce standards
				of conduct by a licensee which fall within the scope of the licensee's
				professional relationship with the department, the licensee's clients, and
				other state regulatory agencies. The department may impose disciplinary actions
				which may include, but are not limited to, notice of deficiency; probationary
				notices; and suspension, revocation, and denial of a license. The criteria
				identified in subrules 134.20(1) and 134.20(2) will be utilized by the
				department in deciding whether to issue an initial license or to renew a
				previously issued license.
(2)
Notice of deficiency or probation.
A notice of deficiency or
				probationary notice shall not be an appealable decision. The recipient of a
				notice may contest the basis for the notice in writing, and such response shall
				be made part of the licensee's record. A person subject to a notice to suspend
				or revoke a license may appeal the notice as provided in 567-Chapter
				7.
(3)
Suspension.
a. The department may suspend the license of
				any individual or company for good cause for either a single act or omission or
				repeated acts or omissions. The suspension of a company or individual licensee
				shall prevent the company or individual licensee from engaging in activities
				for which the license is required. The suspension may require the licensee to
				take remedial measures intended to correct or prevent future acts or omissions.
				Good cause includes, but is not limited to:
(1) A violation of these rules.
(2) Negligent misrepresentation of material
				facts in a report submitted to the department.
(3) Incompetence on the part of the licensee
				as evidenced by errors in the performance of duties and activities for which
				the license was issued.
(4)
				Repeated failure to submit reports of activities to the department or the
				owner/operator as provided in this chapter.
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 567-135.1 - Authority, Purpose and Applicability

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Authority.
Iowa Code
				chapter 455B, division IV, part 8, authorizes the department to regulate
				underground tanks used for storage of regulated substances, and to adopt rules
				relating to detection, prevention and correction of releases of regulated
				substances from such tanks, maintenance of financial responsibility by owners
				or operators of such tanks, new tank performance standards, notice and
				reporting requirements, and designation of regulated substances.
(2)
Purpose.
The purpose of
				these rules is to protect the public health and safety and the natural
				resources of Iowa by timely and appropriate detection, prevention and
				correction of releases of regulated substances from underground storage tanks
				(UST).
(3)
Applicability.
a. The
				requirements of this chapter apply to all owners and operators of a UST system
				as defined in rule 567-135.2 (455B) except as
				otherwise provided in paragraphs 135.1(3)
"b"
and
"c."
(1) Previously deferred
				UST systems. Airport hydrant fuel distribution systems, UST systems with
				field-constructed tanks, and UST systems that store fuel solely for use by
				emergency power generators must meet the requirements of these rules as
				follows:
1. Airport hydrant fuel distribution
				systems and UST systems with field-constructed tanks must meet the requirements
				in rule 567-135.21 (455B).
2. UST
				systems that store fuel solely for use by emergency power generators installed
				on or before November 28, 2007, must meet the requirements in rule
				567-135.5 (455B) by October 13,
				2021.
3. UST systems that store
				fuel solely for use by emergency power generators installed after November 28,
				2007, must meet all applicable requirements of this chapter at
				installation.
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 567-135.4 - General Operating Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Spill and overfill control.
a. Owners and operators must ensure that
				releases due to spilling or overfilling do not occur. The owner and operator
				must ensure that the volume available in the tank is greater than the volume of
				product to be transferred to the tank before the transfer is made and that the
				transfer operation is monitored constantly to prevent overfilling and spilling.
Note: The transfer procedures described in National Fire
				  Protection Association Standard 385, "Standard for Tank Vehicles for Flammable
				  and Combustible Liquids," or American Petroleum Institute Recommended Practice
				  1007, "Loading and Unloading of MC 306/DOT 406 Cargo Tank Motor Vehicles," may
				  be used to comply with paragraph 135.4(1)
"a."
Further guidance
				  on spill and overfill prevention appears in American Petroleum Institute,
				  "Recommended Practice 1621 for Bulk Liquid Stock Control at Retail
				  Outlets."
b. The owner and
				operator must report, investigate, and clean up any spills and overfills in
				accordance with 135.6(4).
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 567-135.5 - Release Detection

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General requirements for all UST systems.
a. Owners and operators of UST systems must
				provide a method, or combination of methods, of release detection that:
(1) Can detect a release from any portion of
				the tank and the connected underground piping that routinely contains
				product;
(2) Is installed and
				calibrated in accordance with the manufacturer's instructions, including
				routine maintenance and service checks for operability or running condition;
				and
(3) Beginning October 13, 2021,
				is operated and maintained, and electronic and mechanical components are tested
				for proper operation, in accordance with one of the following:
1. Manufacturer's instructions;
2. A code of practice developed by a
				nationally recognized association or independent testing laboratory;
				or
3. Requirements determined by
				the department to be no less protective of human health and the environment
				than the two options listed above.
(4) A test of the proper operation must be
				performed at least annually and, at a minimum, as applicable to the facility,
				cover the following components and criteria:
1. Automatic tank gauge and other
				controllers: test alarm; verify system configuration; test battery
				backup;
2. Probes and sensors:
				inspect for residual buildup; ensure floats move freely; ensure shaft is not
				damaged; ensure cables are free of kinks and breaks; test alarm operability or
				running condition and communication with controller;
3. Automatic line leak detector: test
				operation to meet criteria in paragraph 135.5(5)
"a"
by
				simulating a leak;
4. Vacuum pumps
				and pressure gauges: ensure proper communication with sensors and controller;
				and
5. Handheld electronic sampling
				equipment associated with groundwater and vapor monitoring: ensure proper
				operation.
NOTE regarding subparagraphs 135.5(1)
"a"
(3)
				  and (4): The following code of practice may be used to comply with
				  subparagraphs 135.5(1)
"a"
(3) and (4): Petroleum Equipment
				  Institute Publication RP1200, "Recommended Practices for the Testing and
				  Verification of Spill, Overfill, Leak Detection and Secondary Containment
				  Equipment at UST Facilities."
(5) Meets the performance requirements in
				subrule 135.5(4) or 135.5(5), with any performance claims and their manner of
				determination described in writing by the equipment manufacturer or installer.
				In addition, methods conducted in accordance with paragraphs
				135.5(4)
"b," "c,"
and
"d"
and paragraphs
				135.5(5)
"a"
and
"b"
must be capable of
				detecting the leak rate or quantity specified for that method with a
				probability of detection of 0.95 and a probability of false alarm of
				0.05.
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 567-135.6 - Release Reporting, Investigation, and Confirmation

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Reporting of suspected
				releases.
Owners and operators of UST systems must report to the
				department within 24 hours, or within 6 hours in accordance with 567-Chapter
				131 if a hazardous condition exists as defined in
				567-131.1 (455B), or another
				reasonable time period specified by the department, and follow the procedures
				in 135.8(1) for any of the following conditions:
a. The discovery by owners and operators or
				others of released regulated substances at the UST site or in the surrounding
				area (such as the presence of free product or vapors in soils, basements, sewer
				and utility lines, and nearby surface water);
b. Unusual operating conditions observed by
				owners and operators (such as the erratic behavior of product dispensing
				equipment, the sudden loss of product from the UST system, an unexplained
				presence of water in the tank, or liquid in the interstitial space of
				secondarily contained systems), unless:
(1)
				The system equipment or component is found not to be releasing regulated
				substances to the environment;
(2)
				Any defective system equipment or component is immediately repaired or
				replaced; and
(3) For secondarily
				contained systems, except as provided for in paragraph
				135.5(4)
"g"
(2)"4," any liquid in the interstitial space not
				used as part of the interstitial monitoring method (for example, brine filled)
				is immediately removed.
c. Monitoring results, including
				investigation of an alarm, from a release detection method required under
				subrules 135.5(2) and 135.5(3) that indicate a release may have occurred
				unless:
(1) The monitoring device is found to
				be defective, and is immediately repaired, recalibrated or replaced, and
				additional monitoring does not confirm the initial result; or
(2) The leak is contained in the secondary
				containment and:
1. Except as provided for in
				paragraph 135.5(4)
"g"
(2)"4," any liquid in the interstitial
				space not used as part of the interstitial monitoring method (for example,
				brine filled) is immediately removed; and
2. Any defective system equipment or
				component is immediately repaired or replaced;
(3) In the case of inventory control, a
				second month of data does not confirm the initial result or the investigation
				determines no release has occurred; or
(4) The alarm was investigated and determined
				to be a non-release event (for example, from a power surge or caused by filling
				the tank during release detection testing).
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 567-135.7 - Release Response and Corrective Action for Ust Systems Containing Petroleum or Hazardous Substances

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
Owners and
				operators of petroleum or hazardous substance UST systems must, in response to
				a confirmed release from the UST system, comply with the requirements of this
				rule except for USTs excluded under 135.1(3)
"b"
and UST
				systems subject to RCRA Subtitle C corrective action requirements under Section
				3004(u) of the Resource Conservation and Recovery Act, as amended.
(2)
Initial response.
Upon
				confirmation of a release in accordance with 135.6(3) or after a release from
				the UST system is identified in any other manner, owners and operators must
				perform the following initial response actions within 24 hours of a release or
				within another reasonable period of time specified by the department:
a. Report the release to the department
				(e.g., by telephone or electronic mail);
b. Take immediate action to prevent any
				further release of the regulated substance into the environment; and
c. Identify and mitigate fire, explosion, and
				vapor hazards.
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 567-135.10 - Tier 2 Site Assessment Policy and Procedure

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General conditions.
A
				Tier 2 site assessment must be conducted and a site cleanup report submitted
				for all sites which have not obtained a no action required site classification
				and for all pathways and chemicals of concern groups that have not obtained no
				further action clearance as provided in
				567-135.9 (455B). If in the
				course of conducting a Tier 2 assessment, data indicates the conditions for
				pathway clearance under Tier 1 no longer exist, the pathway shall be further
				assessed under this rule. The Tier 2 assessment and report must be completed
				whenever free product is discovered as provided in 567-135.7(455B). If the
				owner or operator elects to complete the Tier 2 site assessment without doing a
				Tier 1 assessment, all the Tier 1 requirements as provided in
				567-135.9 (455B) must be met in
				addition to requirements under this rule.
a.
Guidance.
The Tier 2 site assessment shall be conducted in
				accordance with the department's "Tier 2 Site Assessment Guidance" and these
				rules. The site cleanup report shall be submitted on forms and in a format
				prescribed by this guidance. The Tier 2 data analysis shall be performed by
				using computer software or online application developed by the
				department.
b.
Classification.
At Tier 2, individual pathways may be
				classified as high risk or low risk or no action required and separate
				classification criteria may apply to actual and potential receptors for any
				pathway. A single pathway may have multiple classifications based on actual or
				potential receptor evaluations. A pathway must meet both the criteria for
				actual and potential receptors for the pathway to obtain a classification of no
				action required. Sites may have multiple pathway classifications. For a site to
				obtain a no action required classification, all pathways must meet the
				individual pathway criteria for no action required classification.
c.
Public right-of-way.
As a
				general rule, public right-of-way will not be considered an area of potential
				receptor exposure except for potential sanitary sewer evaluation under the soil
				and groundwater vapor pathways, subrules 135.10(6) and 135.10(7).