Iowa Administrative Code › Agency 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 13 - Community Remediation › Rule 591-13.2 - General Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 Qualification for remedial account benefits related to a community remediation
			 project is subject to board approval based on the recommendations made to the
			 board by interested parties.
(2) A
			 community remediation project must include at least two sites that have
			 qualified for remedial account benefits under Iowa Code section
			 455G.9. The
			 community, the DNR or the board may request that a community be considered for
			 a community remediation or packaged community remediation project. More than
			 one community remediation project may be included in a request for proposal if,
			 in the opinion of the administrator, such inclusion will allow for a better
			 response to environmental or public health concerns at a lower cost. Individual
			 owners shall also have the right to request inclusion in the community
			 remediation or packaged community remediation project or to develop, through a
			 common consultant, a budget covering a release impacting only their site or
			 impacting their site and other sites if all are in agreement on the consultant
			 to use.
(3) Sites within a
			 community remediation or packaged community remediation project which have not
			 qualified for account benefits under Iowa Code section
			 455G.9 may be
			 included in the project by the board. The board may approve the payment of all
			 or part of the expenses of such sites in community remediation or packaged
			 community remediation projects based on the impact that the specific site, that
			 otherwise had not qualified, has on the expense and success of the project as a
			 whole. The DNR may participate in a project as Federal Lust Trust Fund rules
			 allow. Nothing herein shall be deemed to limit the ability to receive
			 additional federal financial assistance for UST releases.
a. Sites eligible for site cleanup report
			 funding within the community remediation or packaged community remediation
			 project are those sites:
(1) Eligible for
			 benefits under Iowa Code section
			 455G.9.
(2) Underwritten which are required to have a
			 site check performed.
(3) Not
			 eligible for benefits under Iowa Code chapter 45 5 G when requested by the DNR
			 and approved by the board.
(4)
			 Where prior budget approval was received or where a site cleanup report was
			 submitted by another consultant but rejected by the DNR. Such sites shall be
			 reviewed by the administrator on a case-by-case basis for inclusion in the
			 overall community remediation or packaged community remediation
			 project.
(5) Owners or operators
			 who have not qualified for benefits under Iowa Code section
			 455G.9 may
			 participate in the community remediation or packaged community remediation
			 project at their own expense.
(6)
			 Owners or operators who are voluntarily participating in the community
			 remediation or packaged community remediation project but have not qualified
			 for benefits under Iowa Code section
			 455G.9 shall pay
			 the average cost of completion in the project for the site cleanup report prior
			 to work at their site being initiated. The average cost shall be determined by
			 dividing the total amount bid on the community remediation or packaged
			 community remediation project by the number of sites included. The final costs
			 to participating owners/operators shall be their share of the total costs
			 including the initial amount contracted for plus any change orders approved by
			 the board or its designee in addition to any specific work for the
			 owners/operators on their site, such as soil over excavation or tank removal
			 which is unique to that site.