455H.203  Statewide standards.

1.  Statewide standards shall be adopted by the commission after consideration of the joint recommendations of the department and the technical advisory committee. The standards must provide for the protection of the public health and safety and the environment.

2.  In establishing these standards, all of the following shall be considered:

a.  Separate standards shall be established for hazardous substances in soil, in groundwater which is a protected groundwater source, and in groundwater which is not a protected groundwater source.

b.  In groundwater which is a protected groundwater source, the standards shall be no more protective than the least restrictive of the maximum contaminant levels established pursuant to the department's drinking water standards, a standard reflecting an increased cancer risk of one in one million, or a standard reflecting a noncancer health risk of one. An affected area shall not be required to be cleaned up to concentration levels below or more restrictive than background levels.

c.  In groundwater which is not a protected groundwater source, the standards shall be no more protective than the least restrictive of a standard reflecting an increased cancer risk of one in ten thousand or a standard reflecting a noncancer health risk of one. An affected area shall not be required to be cleaned up to levels below or more restrictive than background levels.

d.  In soil, the standards shall be no more protective than the least restrictive of a standard reflecting an increased cancer risk of one in one million or a standard reflecting a noncancer health risk of one. An affected area shall not be required to be cleaned up to concentration levels below or more restrictive than background levels.

3.  The demonstration that the affected area meets the statewide standard shall be documented by the participant, as appropriate, in the following manner:

a.  Compliance with cleanup levels shall be demonstrated by collection and analysis of representative samples from the environmental medium of concern.

b.  A final report that documents compliance with the statewide standard shall be submitted to the department which includes, as appropriate, the descriptions of procedures and conclusions of the site investigation to characterize the nature, extent, direction, rate of movement at the site and cumulative effects, if any, volume, composition, and concentration of hazardous substances in environmental media, the basis for selecting environmental media of concern, documentation supporting the selection of residential or nonresidential exposure factors, descriptions of removal or treatment procedures performed in remediation, and summaries of sampling methodology and analytical results which demonstrate that hazardous substances have been removed or treated to applicable levels.

Section History: Recent form

  97 Acts, ch 127, §10

Internal References

  Referred to in § 455H.201


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