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Home » US Law » 2022 Iowa Code » Title XI - NATURAL RESOURCES » Chapter 455G - FUEL STORAGE TANKS AND DISPENSING INFRASTRUCTURE

Section 455G.1 – Title — scope.

455G.1 Title — scope. 1. This subchapter is entitled the “Iowa Comprehensive Petroleum Underground Storage Tank Fund Act”. 2. This subchapter applies to petroleum underground storage tanks for which an owner or operator is required to maintain proof of financial responsibility under federal or state law, from the effective date of the regulation of the […]

Section 455G.12 – Board authority for prioritization.

455G.12 Board authority for prioritization. 1. If the board determines that, within the realm of sound business judgment and practice, prioritization of assistance is necessary in light of funds available for loan guarantees or insurance coverage, the board may develop rules for assistance or coverage prioritization based upon adherence or planned adherence of the owner […]

Section 455G.12A – Cost containment authority.

455G.12A Cost containment authority. 1. Validity of contracts. A contract in which one of the parties to the contract is an owner or operator of a petroleum underground storage tank, for goods or services which may be payable or reimbursable from the fund, is invalid unless and until the administrator has approved the contract as […]

Section 455G.13 – Cost recovery enforcement.

455G.13 Cost recovery enforcement. 1. Full recovery sought from owner. The board shall seek full recovery from the owner, operator, or other potentially responsible party liable for the released petroleum which is the subject of a corrective action, for which the fund expends moneys for corrective action or third-party liability, and for all other costs, […]

Section 455G.15 – Fund not part of the Iowa insurance guaranty association.

455G.15 Fund not part of the Iowa insurance guaranty association. Notwithstanding any other provisions of law to the contrary, the fund shall not be considered an insurance company or insurer under the laws of this state and shall not be a member of nor be entitled to claim against the Iowa insurance guaranty association created […]

Section 455G.16 – Financial institution participation in fund.

455G.16 Financial institution participation in fund. 1. The board may impose conditions on the participation of a financial institution in the fund. Conditions shall be reasonably intended to increase the quantity of private capital available for loans to tank owners or operators who are small businesses within the meaning of section 455G.2. Additionally, the board […]

Section 455G.2 – Definitions.

455G.2 Definitions. As used in this subchapter unless the context otherwise requires: 1. “Board” means the Iowa comprehensive petroleum underground storage tank fund board. 2. “Bond” means a bond, note, or other obligation issued by the treasurer of state for the fund and the purposes of this subchapter. 3. “Claimant” means an owner or operator […]

Section 455G.20 – Final approval.

455G.20 Final approval. Notwithstanding any other provision to the contrary, the department of natural resources shall have final approval for a determination as to when remediation shall begin on a site. 92 Acts, ch 1217, §9

Section 455G.21 – Marketability fund.

455G.21 Marketability fund. 1. A marketability fund is created as a separate fund in the state treasury under the control of the board. The board shall administer the marketability fund. Notwithstanding section 8.33, moneys remaining in the marketability fund at the end of each fiscal year shall not revert to the general fund but shall […]

Section 455G.31 – E-85 gasoline storage and dispensing infrastructure.

455G.31 E-85 gasoline storage and dispensing infrastructure. 1. a. As used in this section, unless the context otherwise requires: (1) “Dispenser” includes a motor fuel pump, including but not limited to a motor fuel blender pump. (2) “E-85 gasoline”, “ethanol blended gasoline”, and “retail dealer” mean the same as defined in section 214A.1. (3) “Gasoline […]

Section 455G.4 – Governing board.

455G.4 Governing board. 1. Members of the board. a. The Iowa comprehensive petroleum underground storage tank fund board is established consisting of the following members: (1) The director of the department of natural resources, or the director’s designee. (2) The treasurer of state, or the treasurer’s designee. (3) An employee of the department of management […]

Section 455G.5 – Independent contractors to be retained by board.

455G.5 Independent contractors to be retained by board. 1. The board shall administer the fund. A contract entered into on or after July 1, 1992, to retain a person to act as the administrator of the fund shall be subject to public bid. All other contracts to retain a person under this section shall be […]