This text of Iowa § 455H.107 (Land recycling program) is published on Counsel Stack Legal Research, covering Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
1.A person may enroll property in the land recycling program pursuant to this chapter to
carryoutaresponseactioninaccordancewithrulesadoptedbythecommissionwhichoutline
the eligibility for enrollment. The eligibility rules shall reasonably encourage the enrollment
of all sites potentially eligible to participate under this chapter and shall not take into account
any amounts the department may be reimbursed under this chapter.
2.All participants shall enter into an agreement with the department to reimburse the
department for actual costs incurred by the department in reviewing documents submitted
as a part of the enrollment of the site. This fee shall not exceed seven thousand five hundred
dollars per enrolled site for sites enrolled prior to July 1, 2018. For sites enrolled on or
after J
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1. A person may enroll property in the land recycling program pursuant to this chapter to
carryoutaresponseactioninaccordancewithrulesadoptedbythecommissionwhichoutline
the eligibility for enrollment. The eligibility rules shall reasonably encourage the enrollment
of all sites potentially eligible to participate under this chapter and shall not take into account
any amounts the department may be reimbursed under this chapter.
2. All participants shall enter into an agreement with the department to reimburse the
department for actual costs incurred by the department in reviewing documents submitted
as a part of the enrollment of the site. This fee shall not exceed seven thousand five hundred
dollars per enrolled site for sites enrolled prior to July 1, 2018. For sites enrolled on or
after July 1, 2018, the fee shall not exceed twenty-five thousand dollars per enrolled site.
An agreement entered into under this subsection must allow the department access to the
enrolled site and must require a demonstration of the participant’s ability to carry out a
response action reasonably associated with the enrolled site.
3. All of the following shall not be enrolled in the land recycling program:
a. Property for which corrective action is needed or has been taken for petroleum
underground storage tanks under chapter 455B, subchapter IV, part 8. However, such
property may be enrolled to address hazardous substances other than petroleum from
underground storage tanks.
b. Property which has been placed or is proposed to be included on the national
priorities list established pursuant to the federal Comprehensive Environmental Response,
Compensation, and Liability Act, 42 U.S.C. §9601 et seq.
c. An animal feeding operation structure as defined in section 459.102.
4. If the site cleanup assessment demonstrates that the release on the enrolled site has
affected additional property, all property which is shown to be affected by the release on the
enrolled site shall be enrolled in addition to the enrolled site.
5. Following enrollment of the property in the land recycling program, the participant
shall proceed on a timely basis to carry out response actions in accordance with the rules
implementing this chapter.
6. Once the participant has demonstrated the affected area is in compliance with the
standards described in subchapter II, the department shall proceed on a timely basis and
issue a no further action letter pursuant to section 455H.301.
7. The participant may withdraw the enrolled site from further participation in the land
recycling program at any time upon written notice to the department. Any participant who
withdraws an enrolled site from further participation in the program shall not be entitled to
any refund or credit for the enrollment fee paid pursuant to this section and shall, subject
to the limitation on fees in subsection 2, be liable for any costs actually incurred by the
department. The department or court may determine that a participant who withdraws prior
5 LAND RECYCLING AND REMEDIATION STANDARDS, §455H.202
to completion of all response actions identified for the enrolled site forfeits all benefits and
immunities provided by this chapter as to the enrolled site. If it is deemed necessary and
appropriate by the department, a participant who withdraws shall stabilize the enrolled site
in accordance with a plan approved by the department.