Iowa Admin. Code r. 567-135.17 - Evaluation of ability to pay
(1)
General. The ability to pay guidance procedures referenced in this rule will be
used by the department when an owner or operator of an underground storage tank
(UST) claims to be financially unable to comply with corrective action
requirements under 567-135.7 (455B) to
567-135.12 (455B) or closure
investigation requirements under
567-135.15 (455B). If an owner
or operator of a regulated UST claims to be financially unable to meet these
departmental requirements, that responsible party must provide documentation of
the party's finances on forms provided by the department in order for the
department to act on the claim of financial inability. The department may
request additional financial documentation to verify or supplement reported
information.
(2) Individual claims.
The financial ability of individual owners and operators of USTs, with or
without an active business (including but not limited to sole proprietorships
and general partnerships), may be evaluated using the most current version of
"INDIPAY" developed by the U.S. Environmental Protection Agency and generally
accepted principles of financial analysis. This guidance is only one tool the
department may use in evaluating claims of financial inability.
(3) Corporate claims. The financial ability
of corporate owners and operators of USTs may be evaluated using the most
current version of "ABEL" developed by the U.S. Environmental Protection Agency
and generally accepted principles of financial analysis. This guidance is only
one tool the department may use in evaluating claims of financial
inability.
(4) Federal LUST Trust
Fund. The financial ability of owners and operators of USTs shall be evaluated
for the purpose of determining if the department is authorized to use Federal
LUST Trust Fund moneys as provided in the current cooperative agreement with
the U.S. Environmental Protection Agency, Region VII. A determination of
financial inability does not create an entitlement or any expectation interest
on behalf of an owner or operator that Federal LUST Trust Fund moneys will be
used for corrective action at any individual site.
(5) The evaluation of financial ability will
also be used by the department in making other administrative planning
decisions including but not limited to decisions as to whether to pursue and
when to pursue administrative or judicial enforcement of regulatory and
statutory duties and the assessment of penalties. A determination of financial
inability does not create an entitlement or expectation interest that
enforcement actions will be deferred or suspended. The evaluation of this
factor is only one of many affecting the department's fully discretionary
decisions regarding enforcement options and program planning.
(6) An evaluation of financial inability as
provided in this rule does not relieve any owner or operator of legal liability
to comply with department rules or Iowa Code chapter 455B or provide a defense
to any legal actions to establish liability or enforce compliance.
Notes
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