Iowa Administrative Code › Agency 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 11 - Claims › Rule 591-11.4 - Tank and Piping Upgrades and Replacements

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Definitions.
"Administrator"
means the Iowa comprehensive
				petroleum underground storage tank fund board administrator as provided in Iowa
				Code section
				455G.5.
"Automatic in-tankgauging"
means a device used
				for leak detection and inventory control in tanks that meets DNR's standards as
				set out in 567-paragraph 135.5(4) "d."
"Board"
or
"UST board"
means
				the Iowa comprehensive petroleum underground storage tank fund board as
				provided for in Iowa Code section 455G.4.
"DNR"
means the Iowa department of natural
				resources.
"Environmentally sensitive site "
means, as
				classified under the Unified Soil Classification System as published by the
				American Geologic Institute or ASTM designation: D 248785, any site where the
				native soils outside or under the tank zone are materials where more than half
				of the material is larger than no. 200 sieve size. As used herein, "tank zone"
				means the native soils immediately outside the excavation area or nearest
				native soil under the tank.
The following classifications of soil descriptions are
				considered environmentally sensitive:
1. Well-graded gravels, gravel-sand mixtures,
			 little or no fines, classified using the group symbol "GW";
2. Poorly graded gravels, gravel-sand
			 mixtures, little or no fines, classified using the symbol "GP";
3. Silty gravels, gravel-sand-clay mixtures,
			 classified using the symbol "GM";
4. Clayey gravels, gravel-sand-clay mixtures,
			 classified using the symbol "GC";
5. Well-graded sands, gravelly sands, little
			 or no fines, classified using the symbol "SW;
6. Poorly graded sands, gravelly sands,
			 little or no fines, classified using the symbol "SP";
7. Silty sands, sand-silt mixtures,
			 classified using the symbol "SM".
In addition, environmentally sensitive sites include any site
				which is within 100 feet of a public or private well, other than a monitoring
				well on a site, and any site where the tank is installed in fractured bedrock
				or "Karst" formations. Any one of the above-specified conditions shall
				constitute an environmentally sensitive site under this rule.
A site shall be classified as environmentally sensitive
				when:
Fifty percent or more of the soils from a boring or a
				monitoring well are logged and classified as one or more of the areas noted in
				paragraphs "1" through "7" above and 50 percent of the total wells located on
				or immediately next to the property show the same or similar conditions. If no
				testing of the site has occurred and the soil condition as classified under the
				Unified Soil Classification System in or under the tank zone is one of the
				conditions as classified, the site shall be considered to be environmentally
				sensitive. Reports previously prepared on the site and available from DNR may
				be used to make the soil classification. At least three borings/wells must have
				been completed. If fewer than three have been completed, an additional well
				which triangulates the tank zone shall be completed to determine the types of
				soils present.
For the purposes of this definition, fractured bedrock or
				"Karst" formations appearing in the tank zone or piping run, or within a
				25-foot diameter around the tank zone or piping run, or within 25 feet of the
				bottom of the tank excavation area shall be classified environmentally
				sensitive. Generally available data, including that available from local
				utilities, may be used when specific drilling has not determined that
				conditions specified in this definition have not been identified on the site.
				If the site shows any surface condition which is fractured bedrock or "Karst,"
				then the site shall be classified as being environmentally sensitive.
For the purposes of this definition, wells are those which are
				in use and the water is being used for human consumption. The well as developed
				shall generate a volume of two gallons per minute, unless a holding device or
				cistern is used for water pumped. An abandoned well, or a well being used for
				some other purpose, shall not be included in the definition, unless the end use
				may be for human consumption.
"Piping replacement"
means any modernization
				or modification of piping at a site which includes the removal of the existing
				piping and the installation of new piping.
"Piping upgrade "
means any modernization or
				modification of piping at a site which does not include the removal of the
				existing piping and the installation of new piping.
"System upgrade "
or
"upgrading"
means the modernization or modification of
				underground storage tank system installations through tank and piping upgrades
				to comply with the rules of DNR under 567-subrule 135.3(2).
"Tank replacement"
means any modernization or
				modification of a tank at a site which includes the removal of the existing
				tank and the installation of a new tank.
"Tank upgrade "
means any modernization or
				modification of a tank at a site which does not include the removal of the
				existing tank and the installation of a new tank.
"Upgrade benefit"
means the cost of
				board-approved systems specified in subrule 11.4(6). If the installation
				includes a board-approved secondary containment system, the upgrade benefit
				relates specifically to the cost difference attributable to the board-approved
				system specified in subrule 11.4(6).
The upgrade benefit includes the following:
1. Cost of double walled tanks and pipes
			 minus the cost of single wall tanks and piping, or
2. Cost of double walled steel tanks minus
			 the cost of single wall steel tanks, or
3. Cost of nonmetallic double walled tanks
			 minus the cost of nonmetallic single wall tanks.
In addition, the upgrade benefit shall include the cost of the
				additional labor, if any, to install the board-approved system which is in
				excess of the cost to install a single wall system. The upgrade benefit also
				includes the cost of automatic in-tank gauging equipment when installed in
				conjunction with secondary containment, but such costs shall be limited to the
				lowest expense for the system best suited to provide a reasonable degree of
				protection.
If the system does not include the approved secondary
				containment, no upgrade benefit is payable. Secondary containment as defined in
				subrule 11.4(6) is mandatory after March 25, 1992.