Section 455H.101 – Short title.

455H.101 Short title. This chapter shall be known and may be cited as the “Iowa Land Recycling and Environmental Remediation Standards Act”. 97 Acts, ch 127, §1

Section 455H.102 – Scope.

455H.102 Scope. The environmental remediation standards established under this chapter shall be used for any response action or other site assessment or remediation that is conducted at a site enrolled pursuant to this chapter notwithstanding provisions regarding water quality in chapter 455B, subchapter III; hazardous conditions in chapter 455B, subchapter IV, part 4; hazardous waste […]

Section 455H.103 – Definitions.

455H.103 Definitions. As used in this chapter, unless the context requires otherwise: 1. “Affected area” means any real property affected, suspected of being affected, or modeled to be likely affected by a release occurring at an enrolled site. 2. “Affiliate” means a corporate parent, subsidiary, or predecessor of a participant, a co-owner or cooperator of […]

Section 455H.104 – Declaration of policy.

455H.104 Declaration of policy. The general assembly finds and declares all of the following: 1. Some real property in Iowa is not put to its highest productive use because it is contaminated or it is perceived to be contaminated as a result of past activity on the property. The reuse of these sites is an […]

Section 455H.105 – Duties of the commission.

455H.105 Duties of the commission. The commission shall do all of the following: 1. Adopt rules pertaining to the assessment, evaluation, and cleanup of the presence of hazardous substances which allow participants to carry out response actions using background standards, statewide standards, or site-specific cleanup standards pursuant to this chapter. 2. Adopt rules establishing statewide […]

Section 455H.106 – Duties of the department.

455H.106 Duties of the department. The department shall do all of the following: 1. Enter into agreements or issue orders in connection with the enrollment of property into a program established pursuant to this chapter. 2. Issue no further action letters upon the demonstration of compliance with applicable standards for an affected area by a […]

Section 455H.107 – Land recycling program.

455H.107 Land recycling program. 1. A person may enroll property in the land recycling program pursuant to this chapter to carry out a response action in accordance with rules adopted by the commission which outline the eligibility for enrollment. The eligibility rules shall reasonably encourage the enrollment of all sites potentially eligible to participate under […]

Section 455H.201 – Cleanup standards.

455H.201 Cleanup standards. 1. a. A participant carrying out a response action shall take such response actions as necessary to assure that conditions in the affected area comply with any of the following, as applicable: (1) Background standards established pursuant to section 455H.202. (2) Statewide standards established pursuant to section 455H.203. (3) Site-specific cleanup standards […]

Section 455H.202 – Background standards.

455H.202 Background standards. 1. Methods to identify background standards shall be adopted by the commission after consideration of the joint recommendations of the department and the technical advisory committee. 2. The demonstration that the affected area meets the background standard shall be documented by the participant in the following manner: a. Compliance with the background […]

Section 455H.203 – Statewide standards.

455H.203 Statewide standards. 1. Statewide standards shall be adopted by the commission after consideration of the joint recommendations of the department and the technical advisory committee. The standards must provide for the protection of the public health and safety and the environment. 2. In establishing these standards, all of the following shall be considered: a. […]

Section 455H.204 – Site-specific cleanup standards.

455H.204 Site-specific cleanup standards. 1. Procedures to establish site-specific cleanup standards shall be adopted by the commission after consideration of the joint recommendations of the department and the technical advisory committee. Site-specific cleanup standards must provide for the protection of the public health and safety and the environment. 2. Site-specific cleanup standards and appropriate response […]

Section 455H.205 – Variances.

455H.205 Variances. 1. A participant may apply to the department for a variance from any applicable provision of this chapter. 2. The department may issue a variance from applicable standards only if the participant demonstrates all of the following: a. The participant demonstrates either of the following: (1) It is technically infeasible to comply with […]

Section 455H.206 – Institutional and technological controls.

455H.206 Institutional and technological controls. 1. In achieving compliance with the cleanup standards under this chapter, a participant may use an institutional or technological control. The director may require reasonable proof of financial assurance where necessary to assure a technological control remains effective. 2. An institutional or technological control includes any of the following: a. […]

Section 455H.207 – Response action — permitting requirements.

455H.207 Response action — permitting requirements. 1. A participant who would be otherwise required to obtain a permit, license, plan approval, or other approval from the department under any provision of the Code may obtain a consolidated standards permit for the activities in connection with the response action for which the permit, license, plan approval, […]

Section 455H.208 – Public participation.

455H.208 Public participation. Public participation shall be a required component of the process for participants for all sites enrolled in the land recycling program. The required level of public participation shall vary depending on the conditions existing at a site. At a minimum, the department shall notify all adjacent property owners, occupants of adjacent property, […]

Section 455H.301 – No further action letters.

455H.301 No further action letters. 1. Once a participant demonstrates that an affected area meets applicable standards and the department has certified that the participant has met all requirements for completion, the department shall promptly issue a no further action letter to the participant. 2. a. A no further action letter shall state that the […]

Section 455H.302 – Covenants not to sue.

455H.302 Covenants not to sue. Upon issuance of a no further action letter pursuant to section 455H.301, a covenant not to sue arises by operation of law. The covenant releases the participant and each protected party from liability to the state, in the state’s capacity as a regulator administering environmental programs, to perform additional environmental […]

Section 455H.303 – Cessation of statutory liability.

455H.303 Cessation of statutory liability. Upon issuance of a no further action letter pursuant to section 455H.301, except as provided in that section, the participant and each protected party shall no longer have liability under chapter 455A, under chapter 455B other than liability for petroleum underground storage tanks, or under chapters 455D and 455E to […]

Section 455H.304 – Limitation of liability.

455H.304 Limitation of liability. 1. As used in this section, unless the context requires otherwise: a. “Environmental claim” means a civil action for damages for environmental harm and includes a civil action under this chapter for recovery of the costs of conducting a response action, but does not include a civil action for damages for […]

Section 455H.305 – Participation not deemed an admission of liability.

455H.305 Participation not deemed an admission of liability. 1. Enrolling a site pursuant to this chapter or participating in a response action does not constitute an admission of liability under the statutes of this state, the rules adopted pursuant to the statutes, or the ordinances and resolutions of a political subdivision, or an admission of […]