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. […]