Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IX - Spills and Hazardous Conditions › Chapter 133 - Rules for Determining Cleanup Actions and Responsible Parties › Rule 567-133.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Action level"
means, for any contaminant,
				  the HAL, if one exists; if there is no HAL, then the NRL, if one exists; if
				  there is no HAL or NRL, then the MCL. If there is no HAL, NRL, or MCL, an
				  action level may be established by the department based on current technical
				  literature and recommended guidelines of EPA and recognized experts, on a
				  case-by-case basis.
"Active cleanup"
means removal, treatment,
				  or isolation of a contaminant from groundwater or associated environment
				  through the directed efforts of humans.
"AFS"
means the Special Publication 30,
				  "Investigation and Monetary Values of Fish and Freshwater Mussel Kills,"
				  published by the American Fisheries Society.
"Aggravated risk"
means a contamination
				  situation which presents a potentially catastrophic or an immediate and
				  substantial risk of harm to human life or health or to the environment.
				  Examples include exposure of humans, animals or the food chain to acutely toxic
				  substances, contamination of a drinking water supply, threat of fire or
				  explosion, or similar situations.
"Air or air resources"
means those naturally
				  occurring constituents of the atmosphere, including those gases essential for
				  human, plant, and animal life.
"Background"
means groundwater quality
				  unaffected by human activities, and generally shall be determined by historical
				  data of the geological services bureau or other government agencies for the
				  type of aquifer or location involved in a given case. If available data is not
				  adequate, background may be established by groundwater samples upgradient of a
				  source or potential source of a substance which is detected in or has a
				  reasonable probability of entering the groundwater.
"Best available technology"
means those
				  processes which most effectively remove, treat, or isolate contaminants from
				  groundwater or associated environment, as determined through professional
				  judgment considering actual equipment or techniques currently in use, published
				  technical articles and research results, engineering reference materials,
				  consultation with known experts in the field, and guidelines or rules of other
				  regulatory agencies.
"Best management practices "
means
				  maintenance procedures, schedules of activities, prohibition of practices, and
				  other management practices, or a combination thereof, which, after problem
				  assessment and evaluation of alternatives is determined to be the most
				  effective means of preventing or abating contamination at a location.
"Biological resources "
means fish, wildlife
				  and other biota belonging to, managed by, held in trust by, appertaining to, or
				  otherwise controlled by the state of Iowa, the United States, or local
				  government. Fish and wildlife include freshwater aquatic and terrestrial
				  species; game, nongame, and commercial species; and threatened and endangered
				  species. Other biota encompass shellfish, terrestrial and aquatic plants, and
				  other living organisms not otherwise listed in this definition.
"Contaminant"
means any chemical, ion,
				  radionuclide, synthetic organic compound, microorganism, waste or other
				  substance which does not occur naturally in groundwater or which occurs
				  naturally at a lower concentration, and includes all hazardous substances as
				  defined in
				  42
				  U.S.C. 9601, and any element, compound,
				  mixture, solution or substance designated pursuant to
				  40 CFR
				  3024. as of September 13, 1988.
"Damages"
means the costs of restoration,
				  rehabilitation, and replacement of resources, or acquisition of equivalent
				  resources, as determined in accordance with this chapter; the reasonable and
				  necessary costs of the assessment, to include the cost of performing the
				  assessment and administrative costs and expenses necessary for, and incidental
				  to, the assessment; lost services to the public; and, in the event the damages
				  claim is not resolved within six months after the incident leading to the
				  damages, interest at the current rate published in the Iowa Administrative
				  Bulletin by the department of revenue pursuant to Iowa Code section
				  4217.. The interest
				  amount shall be computed from the date the amount of the claim is confirmed by
				  a final ruling of the commission in a contested case decision.
"Drinking water supply"
means any raw or
				  finished water source that is or may be used by a public water system, as
				  defined in Iowa Code section 455B. 171, or as drinking water by one or more
				  individuals.
"Geologic resources"
means those elements of
				  Earth's crust such as soils, sediments, rocks, and minerals, including
				  petroleum and natural gas, that are not included in the definitions of
				  groundwater and surface water resources.
"Groundwater "
means any water of the state
				  as defined in Iowa Code section 455B. 171 which occurs beneath the surface of
				  the earth in a saturated geologic formation of rock or soil.
"Groundwater resources "
means water in a
				  saturated zone or stratum beneath the surface of land or water and the rocks or
				  sediments through which groundwater moves. It includes groundwater resources
				  that meet the definition of drinking water supplies.
"HAL "
means a lifetime health advisory
				  level for a contaminant, established by the United States Environmental
				  Protection Agency (EPA). Health advisories represent the concentration of a
				  single contaminant, based on current toxicological information, in drinking
				  water which is not expected to cause adverse health effects over lifetime
				  exposure.
"Hazardous substance "
means a hazardous
				  substance as defined in Iowa Code section
				  455B381..
"MCL "
means the enforceable maximum
				  contaminant level established by the EPA pursuant to the Safe Drinking Water
				  Act.
"Natural resources"
or
"resources"
means land, fish, wildlife, biota, air, water,
				  groundwater, drinking water supplies, and other such resources belonging to,
				  managed by, held in trust by, appertaining to, or otherwise controlled by the
				  United States, the state of Iowa, or local government. These natural resources
				  have been categorized into the following five groups: surface water resources,
				  groundwater resources, air resources, geologic resources, and biological
				  resources.
"NRL "
means the negligible risk level for
				  carcinogens established by the EPA, which is an estimate of one additional
				  cancer case per million people exposed over a lifetime to the contaminant (1 x
				  10-6).
"Passive cleanup "
means the removal or
				  treatment of a contaminant in groundwater, or associated environment, through
				  management practices or the construction of barriers, trenches and other
				  similar facilities for prevention of contamination, as well as the use of
				  natural processes such as groundwater recharge, natural decay and chemical or
				  biological decomposition.
"Point source "
means any building,
				  structure, installation, equipment, pipe or pipeline (including any pipe into a
				  sewer or publicly owned treatment works), well, pit, pond, lagoon, impoundment,
				  ditch, landfill, storage container, motor vehicle, rolling stock, or aircraft,
				  or any site or area where a contaminant has been deposited, stored, disposed
				  of, or placed, or otherwise come to be located.
"Preventative"
or
"prevention"
refers, in the context of these rules, to
				  actions or efforts to minimize or stop further contamination in a situation
				  where contamination already exists or is imminent.
"Remedial action plan "
means a written
				  report which includes all relevant information, findings, and conclusions from
				  a site assessment, including all analytical results and identification of
				  contaminant migration pathways; identification and evaluation of cleanup
				  alternatives, including both active and passive measures using best available
				  technology and best management practices; a recommended cleanup action or
				  combination of action, including identification of expected cleanup levels
				  consistent with the cleanup goal of 133.4(3)
"b"
; a monitoring
				  network and schedule to document cleanup levels; and a proposed schedule of
				  implementation.
"Responsible person "
means any person who
				  is legally liable for the contamination in question or who is legally
				  responsible for abating contamination under any applicable law, including Iowa
				  Code chapters 455B and 455E, and the common law. This may include the person
				  causing, allowing or otherwise participating in the activities or events which
				  cause the contamination, persons who have failed to conduct their activities so
				  as to prevent the release of contaminants into groundwater, property owners who
				  are obligated to abate a condition, or persons responsible for or successor to
				  such persons.
"Significant risk"
means:
1. The presence in groundwater of a
				contaminant in excess of an action level;
2. The presence of a contaminant in the
				soils, surface water, or other environment in proximity to groundwater which
				may reasonably be expected to contaminate the groundwater to an action level;
				or
3. The presence of a contaminant
				or contaminants in the groundwater, or in the soils, surface water or other
				environment in proximity of groundwater which may be expected to contaminate
				groundwater in quantities, concentrations, or combinations which may
				significantly adversely impact the public health, safety, environment, or
				quality of life. This criterion would normally be applied where there is no
				established action level or where combinations of more than one contaminant are
				present.
"Site assessment plan "
means a written
				  proposal for study of a contamination situation to determine the types,
				  amounts, and sources of contaminants present, hydrogeological characteristics
				  of the site, and the vertical and horizontal extent of contamination, with a
				  goal of developing an adequate remedial action plan. The proposal must include:
				  recommendations for collection of relevant historical data such as site
				  management practices, inventory records, literature searches, photographs and
				  personal interviews; a methodology for obtaining groundwater flow information
				  including well placements, construction and elevation, bore logs, static
				  groundwater table measurements, groundwater elevations, groundwater gradients
				  (isopleth), and information on soil transmissivity, porosity and permeability;
				  and a methodology for identifying contaminant plumes, including additional
				  monitoring wells to identify the horizontal and vertical extent of
				  contamination, a site plot showing the estimated configuration of
				  contamination, and a sampling schedule and list of constituents to be analyzed.
				  The plan development may require preliminary field investigations.
"Surface water resources "
means the waters
				  of the state, including the sediments suspended in water or lying on the bank,
				  bed, or shoreline. This term does not include groundwater or water or sediments
				  in ponds, lakes, or reservoirs designed for waste treatment under applicable
				  laws regulating waste treatment.