161.6 - PRIORITIZATION.
161.6 PRIORITIZATION.
1. The board may adopt rules to establish criteria for the
classification and prioritization of sites upon which contamination
has been discovered, subject to a plan for remediation as provided in
section 161.8.
2. A contaminated site shall be classified as either high,
medium, or low priority.
a. A site shall be considered high priority under any of the
following conditions:
(1) Groundwater contamination exceeds action levels and is
affecting or likely to affect groundwater used as a drinking water
source.
(2) Contamination is affecting or likely to affect surface water
bodies to a level which exceeds surface water quality standards under
section 455B.173.
(3) Contamination is discovered in an ecologically sensitive
area. An ecologically sensitive area is one which is designated by
the department.
b. A site shall be considered medium priority if
contamination of groundwater exceeds action levels, but does not meet
the criteria for classification as a high priority site.
c. A site shall be considered low priority under any of the
following conditions:
(1) If soil contamination exists at the site, but no groundwater
contamination exists at the site.
(2) If soil contamination exists and groundwater contamination
has been discovered, but is below action levels.
3. A site shall be reclassified as a site with a higher or lower
classification when the site falls within a higher or lower
classification, as provided in a plan for remediation pursuant to
section 161.8.
4. The remediation of a site classified under this section shall
be administered as follows:
a. For a high priority site, soil and groundwater site
cleanup shall include active site cleanup where technically feasible,
until such time as the groundwater contamination levels are below
action levels.
b. For a medium priority site, the remediation shall include
either monitoring or active or passive site cleanup as determined by
the department on a site-by-site basis upon considering the findings
of the plan of remediation. However, the remediation shall at least
be the same remediation required if the site were classified as a low
priority site.
c. For a low priority site, the remediation shall include
active site cleanup, if the site cleanup would be more practical and
cost-effective than monitoring. If active site cleanup for soil is
undertaken, no further action shall be required on the site. If
active site cleanup for soil is not undertaken, the site shall be
monitored, for a specified period of time as determined by the
department.
5. Contaminated groundwater and soil shall be applied on land in
accordance with rules adopted by the department. The application
rate shall not exceed a level which precludes the resumption of
normal farming practices within a two-year period.
6. This chapter does not affect the ability of the department or
the United States environmental protection agency to require
monitoring or remediation on sites that are placed on the national
priorities list pursuant to the federal Comprehensive Environmental
Response, Compensation and Liability Act. Section History: Recent Form
2000 Acts, ch 1184, §6; 2002 Acts, ch 1119, §138
Referred to in § 161.8