Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IX - Spills and Hazardous Conditions › Chapter 137 - Iowa Land Recycling Program and Response Action Standards › Rule 567-137.7 - Institutional and Technological Controls

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Technological controls.
The purpose of a technological control is to effectively sever a pathway by use
				of technologies such that an applicable receptor could not be exposed to
				hazardous substances above an applicable target risk level. Subject to
				limitations in this chapter, technological controls are an acceptable response
				action either alone or in combination with other remediation systems and
				institutional controls. The purpose of technological controls may be to control
				plume migration through use of containment technologies, barriers, or other
				methods, as an interim or permanent response action or to permanently sever a
				pathway to a receptor. Technological controls may also be appropriate to treat
				or control contamination at the point of exposure. Any technological control
				proposed as a permanent response action option without meeting the reduction in
				contaminant concentrations objectives must establish that the pathway to a
				receptor will be permanently severed or controlled. The effectiveness of a
				technological control must be monitored under a department-approved plan. The
				department may require reasonable proof of financial assurance when necessary
				to ensure that a technological control remain effective.
(2)
Institutional controls.
The purpose of an institutional control is to restrict access to or use of an
				affected area such that an existing or future receptor could not be exposed to
				hazardous substances addressed by the controls for as long as the target level
				is exceeded at applicable points of exposure and compliance. Single or multiple
				institutional controls may be used alone or in combination and may also be
				employed with technological controls and response action to effectively
				achieve, maintain and enforce an approved level of risk reduction and risk
				management. The following enumeration of types of institutional and
				technological controls is not a finding that each is per se an effective
				control. The effectiveness of any institutional or technological control or
				combination of controls must be evaluated on a case-by-case basis and in
				accordance with specified conditions in this chapter. Institutional and
				technological controls include:
a. A state or
				federal law or regulation which can be shown to effectively achieve, maintain
				and enforce the required land-use restrictions and controls.
b. An ordinance of any political subdivision
				of the state which can be shown to effectively achieve, maintain and enforce
				the required land-use restrictions and controls.
c. A contractual obligation recorded and
				executed in a manner satisfying Iowa Code chapter 558. Recorded notices and
				affidavits, including a no further action letter as provided in rule
				137.11(455H), which do not create rights or obligations or restrict land use
				but serve to put current and future property owners on notice of present or
				future conditions within the affected area.
d. A control which the participant
				demonstrates to the department reduces or manages the risk from a release
				through the period necessary to comply with the applicable standards, including
				but not limited to informational devices such as public notices, informational
				registries, notices to regulatory authorities and continuing site activities
				such as periodic inspections, equipment repair and maintenance, and soil and
				groundwater monitoring.
e. An
				environmental covenant established in accordance with 2005 Iowa Code Supplement
				chapter 4551, 2005 Iowa Code Supplement section
				455H206.,
				and 567-Chapter 14.