(1) Definitions.
"Administrator" means the Iowa comprehensive
petroleum underground storage tank fund board administrator as provided in Iowa
Code section
455G.5.
"Automatic in-tankgauging" means a device used
for leak detection and inventory control in tanks that meets DNR's standards as
set out in 567-paragraph 135.5(4) "d."
"Board" or"UST board" means
the Iowa comprehensive petroleum underground storage tank fund board as
provided for in Iowa Code section 455G.4.
"DNR" means the Iowa department of natural
resources.
"Environmentally sensitive site " means, as
classified under the Unified Soil Classification System as published by the
American Geologic Institute or ASTM designation: D 248785, any site where the
native soils outside or under the tank zone are materials where more than half
of the material is larger than no. 200 sieve size. As used herein, "tank zone"
means the native soils immediately outside the excavation area or nearest
native soil under the tank.
The following classifications of soil descriptions are
considered environmentally sensitive:
1. Well-graded gravels, gravel-sand mixtures,
little or no fines, classified using the group symbol "GW";
2. Poorly graded gravels, gravel-sand
mixtures, little or no fines, classified using the symbol "GP";
3. Silty gravels, gravel-sand-clay mixtures,
classified using the symbol "GM";
4. Clayey gravels, gravel-sand-clay mixtures,
classified using the symbol "GC";
5. Well-graded sands, gravelly sands, little
or no fines, classified using the symbol "SW;
6. Poorly graded sands, gravelly sands,
little or no fines, classified using the symbol "SP";
7. Silty sands, sand-silt mixtures,
classified using the symbol "SM".
In addition, environmentally sensitive sites include any site
which is within 100 feet of a public or private well, other than a monitoring
well on a site, and any site where the tank is installed in fractured bedrock
or "Karst" formations. Any one of the above-specified conditions shall
constitute an environmentally sensitive site under this rule.
A site shall be classified as environmentally sensitive
when:
Fifty percent or more of the soils from a boring or a
monitoring well are logged and classified as one or more of the areas noted in
paragraphs "1" through "7" above and 50 percent of the total wells located on
or immediately next to the property show the same or similar conditions. If no
testing of the site has occurred and the soil condition as classified under the
Unified Soil Classification System in or under the tank zone is one of the
conditions as classified, the site shall be considered to be environmentally
sensitive. Reports previously prepared on the site and available from DNR may
be used to make the soil classification. At least three borings/wells must have
been completed. If fewer than three have been completed, an additional well
which triangulates the tank zone shall be completed to determine the types of
soils present.
For the purposes of this definition, fractured bedrock or
"Karst" formations appearing in the tank zone or piping run, or within a
25-foot diameter around the tank zone or piping run, or within 25 feet of the
bottom of the tank excavation area shall be classified environmentally
sensitive. Generally available data, including that available from local
utilities, may be used when specific drilling has not determined that
conditions specified in this definition have not been identified on the site.
If the site shows any surface condition which is fractured bedrock or "Karst,"
then the site shall be classified as being environmentally sensitive.
For the purposes of this definition, wells are those which are
in use and the water is being used for human consumption. The well as developed
shall generate a volume of two gallons per minute, unless a holding device or
cistern is used for water pumped. An abandoned well, or a well being used for
some other purpose, shall not be included in the definition, unless the end use
may be for human consumption.
"Piping replacement" means any modernization
or modification of piping at a site which includes the removal of the existing
piping and the installation of new piping.
"Piping upgrade " means any modernization or
modification of piping at a site which does not include the removal of the
existing piping and the installation of new piping.
"System upgrade "
or"upgrading" means the modernization or modification of
underground storage tank system installations through tank and piping upgrades
to comply with the rules of DNR under 567-subrule 135.3(2).
"Tank replacement" means any modernization or
modification of a tank at a site which includes the removal of the existing
tank and the installation of a new tank.
"Tank upgrade " means any modernization or
modification of a tank at a site which does not include the removal of the
existing tank and the installation of a new tank.
"Upgrade benefit" means the cost of
board-approved systems specified in subrule 11.4(6). If the installation
includes a board-approved secondary containment system, the upgrade benefit
relates specifically to the cost difference attributable to the board-approved
system specified in subrule 11.4(6).
The upgrade benefit includes the following:
1. Cost of double walled tanks and pipes
minus the cost of single wall tanks and piping, or
2. Cost of double walled steel tanks minus
the cost of single wall steel tanks, or
3. Cost of nonmetallic double walled tanks
minus the cost of nonmetallic single wall tanks.
In addition, the upgrade benefit shall include the cost of the
additional labor, if any, to install the board-approved system which is in
excess of the cost to install a single wall system. The upgrade benefit also
includes the cost of automatic in-tank gauging equipment when installed in
conjunction with secondary containment, but such costs shall be limited to the
lowest expense for the system best suited to provide a reasonable degree of
protection.
If the system does not include the approved secondary
containment, no upgrade benefit is payable. Secondary containment as defined in
subrule 11.4(6) is mandatory after March 25, 1992.
(2) The maximum upgrade benefit
payable from the remedial fund on any tank or system installed since January 1,
1985, to meet upgrading requirements shall be $10,000 for any one site, subject
to applicable copayment requirements as specified in Iowa Code section
455G.9. Benefits
payable under subrule 11.4(6) cover the additional cost of the tank system
upgrade or replacement as set forth in the definition of upgrade benefits.
Prior to installation, budgets shall be provided to the administrator outlining
the cost and scope of work proposed and the cost differences between a single
wall system and the board-approved system which is proposed. The cost of the
original upgraded or new system without board-approved secondary containment as
defined herein is not subject to these fund upgrade benefits for tank system
upgrades or replacements.
(3) The
cost for system upgrading or replacement shall be separated from all other
corrective action costs incurred on an individual site classified as high risk
or low risk by DNR. The upgrade benefits are not payable on any site classified
by DNR as a No Action Required site.
(4) Upgrade benefit payments under subrule
11.4(6) shall be made upon evidence that the upgrade met standards in
567-Chapter 135 and DNR registration Form 148 has been completed and mailed to
DNR and the administrator. These upgrade benefits shall be paid only if all
requirements of 591-Chapter 15 have been met. If a site does not comply with
the applicable provisions of 591-Chapter 15, the site is not eligible for these
upgrade benefits unless installation or upgrade occurred prior to October
26,1990. In that event, the individual reimbursement request will be reviewed
to determine if other information is necessary before upgrade benefit payment
can be made. In addition, the completed work must be within the budget
previously approved by the administrator pursuant to Iowa Code section
455G.12A.
(5) Upgrades and replacements allowed at
contaminated sites. Iowa Code section
455B.474(1)
"f"(8) provides that the
replacement or upgrade of tank systems on high- or low-risk sites must be
equipped with a secondary containment system with monitoring of the space
between the primary and secondary containment structures or other
board-approved methodology. The following are the upgrade and replacement
options which are board approved for purposes of Iowa Code section
455B.474(1) 7"(8):
a.
Tank upgrades. The following options are allowed for tank
upgrades on any contaminated site:
(1) The
tank meets DNR's new tank standards set forth in 567-paragraph
135.3(1)"a"; or
(2) The tank meets DNR's upgrade standards
set forth in 567-paragraphs 135.3(2)"b " and"d.
"
b.
Tank replacements. The following options are allowed for tank
replacements:
(1) On any contaminated site, a
double walled tank or a tank equipped with a secondary containment system
meeting DNR's new tank standards set forth in 567-subrule 135.3(1) and with
monitoring of the space between the primary and secondary containment
structures in accordance with DNR's standards set forth in 567-paragraph
135.5(4) "g. "
(2)
On any contaminated site which is not environmentally sensitive the following
additional options are allowed:
1. Tanks
meeting DNR's new tank standards set forth in 567-paragraph
135.3(1)"a" with automatic in-tank gauging acceptable under
567-subrule 135.5(4).
2. Tanks
meeting DNR's new tank standards set forth in 567-paragraph 135.3(1) "a" with
an electronic tank level monitor used in conjimction with a DNR-approved
statistical reconciliation method acceptable under 567-subrule 135.5(4). The
owner must have monthly records on premises which show that all requirements
for statistical reconciliation have been met.
c.
Piping upgrades. The
following options are allowed for piping upgrades at any contaminated site:
(1) Double walled piping.
(2) Single walled piping installed in a
barrier providing secondary containment between soil and the piping.
(3) Single wall piping meeting DNR's upgrade
standards set forth in 567-paragraph 135.3(2)"c" and leak
detection standards set forth in 567-paragraph 135.5(2) "b.
"
d.
Piping replacements. The following options are allowed for
piping replacements:
(1) For any contaminated
site:
1. Double walled piping.
2. Single walled piping installed in a
barrier providing secondary containment between soil and the piping.
3. On suction systems, single wall piping
when only one check valve is on the line directly under the pump.
(2) For sites which are not
environmentally sensitive, suction systems with single wall piping meeting
DNR's upgrade standards set forth in 567-subrule 135.3(2) on pipes with leak
detection are allowed if there is no more than one valve on the piping. All
suction systems shall be installed with the slope of the pipe back to the tank
and shall have only one check valve located directly under the suction
pump.
e.
Spill
and overfill protection, cathodic protection, and leak detection.
Nothing in this rule alters DNR's upgrade requirements for spill and overflow
protection, cathodic protection, and leak detection.
(6) Tank and piping upgrades and replacements
eligible for upgrade benefits.
a. The
following tank and piping upgrades or replacements are eligible for upgrade
benefits if completed on or before March 17, 1999:
(1) Double walled tanks.
(2) Single walled tanks meeting DNR's
requirements as specified in 567-paragraph 135.5(4)"g, " the
tank zone providing an impermeable barrier between native soils and the tank,
thus providing secondary containment.
(3) Double walled piping.
(4) Single wall piping installed in a barrier
system, providing secondary containment between the soil and the piping.
Nothing in this rule alters upgrade requirements for spill/overfill protection,
cathodic protection and leak detection.
b. The following tank and piping upgrades and
replacements are eligible for upgrade benefits when the tank upgrade or
replacement occurred on or after March 25, 1992, and on or before March 17,
1999, on sites which are classified as being environmentally sensitive:
(1) Pressurized systems: Tanks and piping
shall comply with one of the tank and piping options specified in 11.4(6)
"a."
(2) Suction systems: Tanks and
piping shall be installed with the slope of the pipe back to the tank on all
suction systems. All suction system pipes shall have the check valve located at
the suction pump. These systems shall meet one of the options specified in
11.4(6)"a, " except that piping may be single wall when one
check valve is on the line, under the pump.
c. The following tank and piping upgrades and
replacements are eligible for upgrade benefits when the tank upgrade or
replacement occurred on or after March 25, 1992, and on or before March 17,
1999, on sites which are not classified as being environmentally sensitive:
(1) Pressurized systems: Piping shall comply
with one of the pipe options specified in 11.4(6)"a. " Tanks
installed must be either one of the options specified in 11.4(6) "a" or be a
DNR-approved tank with automatic in-tank gauging pursuant to 567-subrule
135.5(4) or, in lieu of automatic in-tank gauging, be a DNR-approved electronic
tank level monitor in conjunction with a DNR-approved UST statistical inventory
reconciliation method pursuant to 567-subrule 135.5(4). Should the statistical
inventory reconciliation method be used, the owner shall have monthly records
on premises showing that all requirements on the system have been met. If
either the automatic in-tank gauging or the electronic level reconciliation
device is used, the program shall pay only the cost of the system installed and
not ongoing monthly or yearly expenses.
(2) Suction systems: Tanks and piping shall
be installed with the slope of the pipe back to the tank on all suction
systems. All suction system piping shall have the check valve located at the
suction pump. These systems must be either one of the options specified in
11.4(6)
"a" or:
1. Pipes:
Single wall pipes meeting DNR's upgrade standards on the pipes with leak
detection pursuant to 567-subrule 135.3(2). If more than one valve is on the
pipe, this option is not available.
2. Tanks: Must be either one of the options
specified in 11.4(6) "a" or be a DNR-approved tank with automatic in-tank
gauging pursuant to 567-subrule 135.5(4) or, in lieu of automatic in-tank
gauging, be a DNR-approved electronic tank level monitor in conjunction with a
DNR-approved UST statistical inventory reconciliation method pursuant to
567-subrule 135.5(4). Should the statistical inventory reconciliation method be
used, the owner shall have monthly records on premises showing that all
requirements on the system have been met. If either the automatic in-tank
gauging or the electronic level reconciliation device is used, the program
shall pay only the cost of the system installed and not ongoing monthly or
yearly expenses.
(7) Any system upgrade or replacement
installed prior to March 25, 1992, which complies with the provisions of this
rule shall be eligible for upgrade benefits if the system has been fully
upgraded or replaced in accordance with 567-Chapter 135.
(8) The board reserves the right to establish
cost controls on the purchase and installation of underground storage tank
equipment and systems. Upgrade benefits are not equipment and capital
improvements for purposes of Iowa Code section
455G.9(6).
(9) Evidence of insurance or self-insurance
shall be provided to DNR upon completion of the upgrade or replacement unless
the Iowa UST program provides insurance coverage. If the Iowa UST program
provides coverage, the administrator will notify DNR.
(10) Failure to obtain approval or qualify
for upgrade benefits may be appealed as provided in 591-Chapter 17.
This rule is intended to implement Iowa Code sections
455B.474(1)
"f" and 455G.9(1)"a"(5).
