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.

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.

2. 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.

3.  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 prohibited release.

(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.

4.  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.

5.  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

Internal References

  Referred to in § 161.4, 161.5, 161.6, 161.9

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