Iowa Administrative Code › Agency 261 - Economic Development Authority › Part VII - Additional Application Requirements and Procedures › Chapter 172 - Environmental Law Compliance; Violations of Law › Rule 261-172.1 - Environmental Law Compliance

Current through Register Vol. 47, No. 3, July 24, 2024
Iowa Code section
				  15A1(3).
				  provides that a state agency shall not provide a grant, loan, or other
				  financial assistance to a private person or on behalf of a private person
				  unless the business for whose benefit the financial assistance is to be
				  provided makes a report detailing the circumstances of its violations, if any,
				  of a federal or state environmental protection statute, regulation, or rule
				  within the previous five years. The state agency shall take into consideration
				  before allowing financial assistance this report of the business. If the
				  business generates solid or hazardous waste, the business must conduct and
				  submit documentation of in-house audits and must submit a copy of the
				  management plan developed to reduce the amount of the waste and to safely
				  dispose of the waste.
(1)
Environmental report submitted.
Any individual or business
				applying for assistance through the department shall report on the application
				for assistance any cited violation(s) of federal or state environmental
				statutes, regulations or rules within the past five years and detail the
				circumstances of the violation(s). If the individual or business fails to
				report a violation(s) and the department discovers such violation(s), the
				individual or business shall be declared ineligible to receive assistance until
				such time as the report is submitted.
(2)
Ineligibility for
				assistance.
Any individual or business which has been referred by the
				department of natural resources to the attorney general for an environmental
				violation(s) shall be ineligible to receive assistance from the department
				until such time as the violation(s) has been determined to be
				corrected.
(3)
In-house
				audit.
If the individual or business generates solid or hazardous
				waste, that individual or business shall be required to conduct an in-house
				audit and have management plans to reduce the amount of waste and to safely
				dispose of the waste. If the individual or business has conducted an in-house
				audit and developed a management plan within the last three years, submission
				of a copy of the audit and management plan will fulfill this requirement. If
				the individual or business has not conducted an audit within the past three
				years, the individual or business must initiate the audit prior to the
				department's disbursement of financial assistance and submit a copy of the
				completed audit within 90 days of disbursement of the financial
				assistance.
(4)
External
				audit.
In lieu of an in-house audit, the individual or business may
				elect to authorize the department of natural resources or the Iowa waste
				reduction center established under Iowa Code section
				2684.
				to conduct the audit. A copy of the authorization for the department of natural
				resources or the Iowa waste reduction center to conduct the audit shall be
				submitted to the department prior to the department's disbursement of financial
				assistance. Within 30 days of receipt of the audit, the individual or business
				must submit to the department a copy of the completed audit conducted by the
				department of natural resources or by the Iowa waste reduction center