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 567-133.6 - Compensation for Damages to Natural Resources

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Applicability.
This rule
				applies to persons who, by release of a hazardous substance to the environment,
				cause injury to, destruction of, or loss of natural resources held in trust by
				the state for the public. In most cases this would involve the destruction of
				aquatic life or other wildlife under the ownership of the state, as provided in
				Iowa Code section
				481A2..
				This rule relates to the compensation to the state and public for the natural
				resource damages and is in addition to any other legal recourse for the event
				or action that caused the destruction or damage.
(2)
Liability to the state.
Persons who cause injury to, destruction of, or loss of natural resources of
				the state are liable to the state as provided by Iowa Code section
				455B392(1)(c)..
				This rule establishes the methodologies and criteria for evaluating the extent
				and value of the damage and establishes the methods of compensation. If the
				person and the department cannot agree to the proper resolution of a particular
				case, the issues of liability, damage and compensation will be established
				through contested case proceedings, as provided by 567-Chapter 7.
(3)
Assessment.
When natural
				resources are destroyed or damaged by an identifiable source, the degree and
				value of the losses shall be assessed by collecting, compiling, and analyzing
				relevant information, statistics, or data through prescribed methodologies to
				determine damages, as set forth in this rule.
a.
General.
Except as
				specified otherwise in this rule, the definitions, methodologies, and criteria
				in 43 CFR 11 may be used to assess natural resource damages.
b.
Fish loss.
Assessment of
				damages for fish kills shall be in accordance with the following:
(1) Normally investigators will follow the
				methods prescribed by AFS to determine numbers of fish killed, by species and
				size.
(2) During periods of ice
				cover, where local conditions prevent using these methods, or in other
				appropriate circumstances, for example when the resources are known to have
				been diminished by prior incidents, investigators will utilize the best
				information available to determine numbers of fish killed by species and size.
				Information may include existing or prior data on population levels in the
				affected water body or nearby water bodies with similar characteristics,
				including any historical fish kill data.
(3) The monetary valuation of fish shall be
				the replacement values as published in AFS for all fish lost except the
				following: channel catfish, flathead catfish, blue catfish, northern pike,
				muskellunge, northern pike/muskellunge hybrid, rainbow trout, brown trout,
				brook trout, white bass, yellow bass, white bass/striped bass hybrid,
				largemouth bass, smallmouth bass, spotted bass, crappie, rock bass, bluegill,
				redear sunfish, warmouth, pumpkinseed, freshwater drum, yellow perch, walleye,
				sauger, and walleye/sauger hybrid. The value of these fish shall be $15 each,
				unless AFS establishes a higher value. Notwithstanding the above, the value of
				each fish classified by the department as an endangered or threatened species
				shall be $1,000.
(4) The value of
				lost services to the public shall be the number of fishing trips lost over the
				period of the resource loss, as determined through local creel survey
				information or through interpolation from the most recent statewide creel
				survey. Each trip shall be valued at $30.
(5) The cost of the investigation shall
				include salaries plus overhead for the time of staff, including support staff,
				involved in investigating the fish kill and performing the assessment; meals
				and lodging for staff while they are in the field conducting the assessment;
				mileage, valued at the current rate established pursuant to Iowa Code section
				18.117; costs borne by the department associated with containment or cleanup
				operations; and any other costs directly associated with the investigation and
				assessment.