§ 479B.20 — Land restoration standards

Iowa § 479B.20

• Jurisdiction: Iowa
• Title XI: NATURAL RESOURCES
• Ch. 479B: HAZARDOUS LIQUID PIPELINES AND STORAGE FACILITIES

Text

1. The commission, pursuant to chapter 17A, shall adopt rules establishing standards
for the restoration of agricultural lands during and after pipeline or underground storage
facility construction. In addition to the requirements of section 17A.4, the commission shall
distribute copies of the notice of intended action and opportunity for oral presentations
to each county board of supervisors. Any county board of supervisors may, under the
provisions of chapter 17A, and subsequent to the rulemaking proceedings, petition under
those provisions for additional rulemaking to establish standards for land restoration after
pipeline construction within that county. Upon the request of the petitioning county, the
commission shall schedule a hearing to consider the merits of the petition. Rules adopted
under this section shall not apply to land located within city boundaries unless the land is
used for agricultural purposes. Rules adopted under this section shall address, but are not
limited to, all of the following subject matters:
a. Topsoil separation and replacement.
b. Temporary and permanent repair to drain tile.
c. Removal of rocks and debris from the right-of-way.
d. Restoration of areas of soil compaction.
e. Restoration of terraces, waterways, and other erosion control structures.
f. Revegetation of untilled land.
g. Future installation of drain tile or soil conservation structures.
h. Restoration of land slope and contour.
i. Restoration of areas used for field entrances and temporary roads.
j. Construction in wet conditions.
k. Designation of a pipeline company point of contact for landowner inquiries or claims.
2. The county board of supervisors shall cause an on-site inspection for compliance with
the standards adopted under this section to be performed at any pipeline construction project
inthecounty. Alicensedprofessionalengineerfamiliarwiththestandardsadoptedunderthis
section and registered under chapter 542B shall be responsible for the inspection. A county
board of supervisors may contract for the services of a licensed professional engineer for
the purposes of the inspection. The reasonable costs of the inspection shall be paid by the
pipeline company.
3. If the inspector determines that there has been a violation of the standards adopted
under this section, of the land restoration plan, or of an independent agreement on land
restorationorlinelocationexecutedinaccordancewithsubsection10,theinspectorshallgive
oral notice, followed by written notice, to the pipeline company and the contractor operating
for the pipeline company and order corrective action to be taken in compliance with the
standards. The costs of the corrective action shall be borne by the contractor operating for
the pipeline company.
4. An inspector shall adequately inspect underground improvements altered during
construction of the pipeline. An inspection shall be conducted at the time of the replacement
or repair of the underground improvements. An inspector shall be present on the site at all
times at each phase and separate activity of the opening of the trench, the restoration of
underground improvements, and backfilling. The pipeline company and its contractor shall
keep an inspector continually informed of the work schedule and any schedule changes. If
proper notice is given, construction shall not be delayed due to an inspector’s failure to be
present on the site.
5. If the pipeline company or its contractor does not comply with the requirements of this
section, with the land restoration plan or line location, or with an independent agreement on
land restoration executed in accordance with subsection 10, the county board of supervisors
may petition the commission for an order requiring corrective action to be taken. In addition,
the county board of supervisors may file a complaint with the commission seeking imposition
of civil penalties under section 479B.21.
7 HAZARDOUS LIQUID PIPELINES AND STORAGE FACILITIES, §479B.22
6. The pipeline company shall allow landowners and the inspector to view the proposed
center line of the pipeline prior to commencing trenching operations to ensure that
construction takes place in its proper location.
7. An inspector may temporarily halt the construction if the construction is not in
compliance with this chapter and the standards adopted pursuant to this chapter, the land
restoration plan, or the terms of an independent agreement with the pipeline company
regarding land restoration or line location executed in accordance with subsection 10, until
the inspector consults with the supervisory personnel of the pipeline company.
8. The commission shall instruct inspectors appointed by the board of supervisors
regarding the content of the statutes and rules and the inspectors’ responsibility to require
construction conforming with the standards provided by this chapter.
9. Petitioners for a permit for pipeline construction shall file with the petition a written
land restoration plan showing how the requirements of this section, and of rules adopted
pursuant to this section, will be met. The company shall provide copies of the plan to all
landowners of property that will be disturbed by the construction.
10. This section does not preclude the application of provisions for protecting or
restoring property that are different than those prescribed in this section, in rules adopted
under this section, or in the land restoration plan, if the alternative provisions are contained
in agreements independently executed by the pipeline company and the landowner, and
if the alternative provisions are not inconsistent with state law or with rules adopted by
the commission. Independent agreements on land restoration or line location between the
landowner and pipeline company shall be in writing and a copy provided to the county
inspector.
11. For the purposes of this section, “construction” includes the removal of a previously
constructed pipeline.
12. The requirements of this section shall apply only to pipeline construction projects
commenced on or after June 1, 1999.