Iowa Code r. 591-9.3 - Minimum criteria to be evaluated

In order to determine whether or not a transfer of a portion or all of its liabilities is in the best interest of the program, the board will evaluate, at a minimum, the following criteria:

(1) Effect on overall cost to reach closure on sites.

(2) Effect on speed with which site closure will be accomplished.

(3) Qualifications of the potential acquiring entity, including but not limited to:

a. Financial viability.

b. Experience with environmental claims.

c. Knowledge of corrective action guidelines.

(4) Impact on claims not included in the proposed transfer, including but not limited to:

a. Ability to timely pay ongoing claims.

b. Delays in completing corrective action.

c. Board's ability to end liability for all claims in the future.

(5) Impact the transfer will have on the statutory rights of the claimants.

Notes

Iowa Code r. 591-9.3