§ 455B.465 — Well injection prohibited

Iowa § 455B.465

• Jurisdiction: Iowa
• Title XI: NATURAL RESOURCES
• Ch. 455B: JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES

Text

455B.469 and 455B.470 Reserved.
PART 8
UNDERGROUND STORAGE TANKS
Referredtoin§323.1,455E.11,455H.102,455H.107,455H.204
455B.471 Definitions.
As used in this part unless the context otherwise requires:
1. “Account” means the storage tank management account created in the groundwater
protection fund created in section 455E.11.
2. “Claimant” means an owner or operator who has filed a claim for assistance under the
account, and that claim has been approved by the department, or the Iowa comprehensive
petroleum underground storage tank fund created in section 455G.3, Code 2024.
3. “Community remediation” means a curriculum of coordinated testing, planning, or
remediation involving two or more tank sites potentially connected with a continuous
contaminated area, pursuant to rules adopted by the commission under section 455B.474.
119 JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES, §455B.471
A community remediation does not expand the scope of coverage otherwise available or
relieve liability otherwise imposed under state or federal law.
4. “Corrective action” means an action taken to reduce, minimize, eliminate, clean up,
control, or monitor a release to protect the public health and safety or the environment.
“Corrective action” includes but is not limited to excavation of an underground storage tank
for purposes of repairing a leak or removal of a tank, removal of contaminated soil, disposal
or processing of contaminated soil, cleansing of groundwaters or surface waters, natural
biodegradation, institutional controls, and site management practices. “Corrective action”
doesnotincludereplacementofanundergroundstoragetank. “Correctiveaction”specifically
excludes third-party liability.
5. “Costs” means all costs, charges, expenses, or other indebtedness incurred by a
claimant that are determined by the department to be reasonable for carrying out all works
and undertakings necessary or incidental to the accomplishment of any project. “Costs”
includes reasonable attorney fees and costs of litigation for which moneys are expended
from the account in connection with a release.
6. “Insurance” means any form of financial assistance or showing of financial
responsibility sufficient to comply with the federal Resource Conservation and Recovery
Act, 42 U.S.C. §6901 et seq., or the department’s underground storage tank financial
responsibility rules.
7. “Nonoperational storage tank” means an underground storage tank in which regulated
substances will not be deposited or from which regulated substances will not be dispensed
after July 1, 1985.
8. “Operator”meansapersonincontrolof,orhavingresponsibilityfor,thedailyoperation
of the underground storage tank.
9. a. “Owner” means:
(1) In the case of an underground storage tank in use on or after July 1, 1985, a person
who owns the underground storage tank used for the storage, use, or dispensing of regulated
substances.
(2) In the case of an underground storage tank in use before July 1, 1985, but no longer
in use on that date, a person who owned the tank immediately before the discontinuation of
its use.
b. To the extent consistent with the federal Resource Conservation and Recovery Act, as
amended to January 1, 1994, 42 U.S.C. §6901 et seq., “owner” does not include a person who
holds indicia of ownership in the underground storage tank or the tank site property if all of
the following apply:
(1) The person holds indicia of ownership primarily to protect that person’s security
interest in the underground storage tank or tank site property, where such indicia of
ownership was acquired either for the purpose of securing payment of a loan or other
indebtedness, or in the course of protecting the security interest. The term “primarily to
protect that person’s security interest” includes but is not limited to ownership interests
acquired as a consequence of that person exercising rights as a security interest holder
in the underground storage tank or tank site property, where such exercise is necessary
or appropriate to protect the security interest, to preserve the value of the collateral, or
to recover a loan or indebtedness secured by such interest. The person holding indicia of
ownership in the underground storage tank or tank site property and who acquires title or a
right to title to such underground storage tank or tank site property upon default under the
security arrangement, or at, or in lieu of, foreclosure, shall continue to hold such indicia of
ownership primarily to protect that person’s security interest so long as subsequent actions
taken by that person with respect to the underground storage tank or tank site property are
intended to protect the collateral secured by the interest, and demonstrate that the person
is seeking to sell or liquidate the secured property rather than holding the property for
investment purposes.
(2) The person does not exhibit managerial control of, or managerial responsibility for,
the daily operation of the underground storage tank or tank site property through the actual,
direct, and continual or recurrent exercise of managerial control over the underground
storage tank or tank site property in which that person holds a security interest, which
§455B.471, JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES 120
managerial control materially divests the borrower, debtor, owner or operator of the
underground storage tank or tank site property of such control.
(3) The person has taken no subsequent action with respect to the site which causes or
exacerbates a release or threatened release of a hazardous substance.
10. “Petroleum” means petroleum, including crude oil or any fraction of crude oil which
is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and
fourteen and seven-tenths pounds per square inch absolute).
11. “Potentially responsible party” means a person who may be responsible or liable for a
release for which payments from the account were made for corrective action or third-party
liability.
12. “Program” means the storage tank management account financing program created
pursuant to section 455B.472A.
13. “Regulated substance” means an element, compound, mixture, solution or substance
which, when released into the environment, may present substantial danger to the public
health or welfare or the environment. “Regulated substance” includes substances designated
in 40 C.F.R., pts. 61 and 116, and 40 C.F.R. §401.15, and petroleum including crude oil or
any fraction of crude oil which is liquid at standard conditions of temperature and pressure
(60 degrees Fahrenheit and fourteen and seven-tenths pounds per square inch absolute).
However, “regulated substance” does not include a substance regulated as a hazardous waste
under the Resource Conservation and Recovery Act of 1976. Substances may be added or
deleted as regulated substances by rule of the commission pursuant to section 455B.474.
14. “Release” means spilling, leaking, emitting, discharging, escaping, leaching, or
disposing of a regulated substance, including petroleum, from an underground storage tank
into groundwater, surface water, or subsurface soils.
15. “Tank site” means a tank or grouping of tanks within close proximity of each other
located on the facility for the purpose of storing regulated substances.
16. “Third-party liability” means any of the following:
a. Property damage including physical injury to tangible property, but not including loss
of use. Property damage does not include costs to remediate.
b. Bodily injury including sickness, physical injury, or death.
17. a. “Underground storage tank” means one or a combination of tanks, including
underground pipes connected to the tanks which are used to contain an accumulation of
regulated substances and the volume of which, including the volume of the underground
pipes, is ten percent or more beneath the surface of the ground.
b. (1) “Underground storage tank” does not include:
(a) Farm or residential tanks of one thousand one hundred gallons or less capacity used
for storing motor fuel for noncommercial purposes.
(b) Tanks used for storing heating oil for consumptive use on the premises where stored.
(c) Residential septic tanks.
(d) Pipeline facilities regulated under the Natural Gas Pipeline Safety Act of 1968, as
amendedtoJanuary1,1985,codifiedat49U.S.C.§1671etseq.,theHazardousLiquidPipeline
Safety Act of 1979, as amended to January 1, 1985, codified at 49 U.S.C. §2001 et seq., or an
intrastate pipeline facility regulated under chapter 479.
(e) A surface impoundment, pit, pond, or lagoon.
(f) A storm water or wastewater collection system.
(g) A flow-through process tank.
(h) A liquid trap or associated gathering lines directly related to oil or gas production and
gathering operations.
(i) Astoragetanksituatedinanundergroundareaincludingbutnotlimitedtoabasement,
cellar, mineworking, drift, shaft, or tunnel if the storage tank is situated upon or above the
surface of the floor.
121 JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES, §455B.472B
(2) “Underground storage tank” does not include pipes connected to a tank described in
paragraph “b”, subparagraph (1).