161.8 - REMEDIATION AGREEMENT.
161.8 REMEDIATION AGREEMENT.
1. A person is not required to comply with the requirements of
this chapter, including the remediation of a site, unless the person
is a responsible person who executes a remediation agreement with the
board, as provided in this section. The remediation agreement shall
provide for all of the following:
a. The terms and conditions required to perform remediation
under a plan of remediation as provided in this section, and the
payment of claims as provided in section 161.9.
b. A plan for remediation of a site where contamination has
been discovered. The plan shall provide procedures for a remediation
of the contaminated site, a schedule for providing for the
remediation of the site according to remediation standards provided
in section 161.5, and the classification and prioritization of sites
as provided in section 161.6. The plan may be amended at any time,
if approved by the department, if the amendment to the agreement is
executed by the responsible person and the board. The plan shall be
developed by the responsible person and approved by the department
for each site subject to the agreement. The plan shall include all
of the following:
(1) A determination as to the extent of the existing soil,
groundwater, or surface water contamination.
(2) The proximity of the contamination and the likelihood that
the contamination will affect a drinking water well.
(3) The characteristics of the site and the potential for
migration of the contamination.
(4) Whether the site is classified as a high, medium, or low
priority site, as provided in section 161.6.
2. The department may require that an initial plan of remediation
be submitted prior to execution of a remediation agreement. The
department may require that the initial plan recommend whether a site
be classified as a high or medium priority site. The department may
require further investigation be conducted to determine the extent of
the remediation which should be conducted on the site.
3. a. The department, upon approval of the board, may
contract with a person in order to do any of the following:
(1) Consult with the department and the board in reviewing a
remediation agreement, including but not limited to investigating a
site or recommending approval or denial of a plan for remediation.
(2) Ensure compliance with the plan for remediation as provided
in this section. The person may be authorized to provide a statement
to a responsible person, stating that the person is eligible for
payment of a claim submitted from the fund as provided in section
161.9.
b. The department may execute the contract with a private
individual or entity or a state and local government as provided in
chapter 28E.
4. A responsible person is eligible to execute a remediation
agreement under this section, if the board determines that all of the
following apply:
a. The responsible person is not subject to any of the
following:
(1) A pending criminal adjudication against the responsible
person relating to the contamination.
(2) Criminal sanctions imposed against the responsible person
relating to the contamination.
b. Any of the following:
(1) The responsible person performed reasonable measures
necessary for the immediate abatement of any contamination.
(2) The responsible person has complied or is in the process of
complying in a timely manner with orders issued by the state or
federal government for remediation of the contaminated site.
5. Unless the department has cause to believe that the
responsible person is not eligible, the department shall provide a
statement to the responsible person upon request. The statement
shall be printed on forms prescribed by the board. The statement
shall verify that to the extent of the department's knowledge, the
responsible person is eligible under this section. The board may use
the statement as evidence of eligibility. The board shall provide
the statement with any weight determined appropriate by the board.
6. The state, a state agency, a political subdivision of the
state, or federal government, or an agency of the federal government,
is not eligible to submit a claim to the board for reimbursement from
the fund. Section History: Recent Form
2000 Acts, ch 1184, §8; 2002 Acts, ch 1119, §139; 2009 Acts, ch
41, §200
Referred to in § 161.4, 161.5, 161.6, 161.9