| LAWS OF THE 2001 REGULAR SESSION OF THE SEVENTY-NINTH GENERAL ASSEMBLY OF THE STATE OF IOWA |
Section 1. Section 455B.473, subsections 7, 8, and 9, Code 2001, are amended to read as follows:
7. A person who deposits a regulated substance in an underground storage tank shall notify the owner
or operator in writing of their notification requirements pursuant to this section.
8. A person who sells, installs, modifies, or repairs a tank used or intended to be used as an underground storage tank shall notify the purchaser and the owner or operator of the tank in writing of the owner's notification requirements pursuant to this section including the prohibition on depositing a regulated substance into tanks which have not been registered and issued tags by the department. A person who installs an underground storage tank and the owner or operator of the underground storage tank shall, prior to installing an underground storage tank, notify the department in writing regarding the intent to install a tank.
9. It shall be unlawful to deposit or accept a regulated substance in an underground storage tank which has not been registered and issued permanent and annual tank management fee renewal tags pursuant to subsections 1 through 6. It shall also be unlawful to deposit a regulated substance in an underground storage tank after receiving notice from the department that the underground storage tank is not covered by an approved form of financial responsibility in accordance with section 455B.474, subsection 2.
The department shall furnish the owner or operator of an underground storage tank with a registration tag
for each underground storage tank registered with the department. The owner or operator shall affix the tag to
the fill pipe of each registered underground storage tank.
A person who conveys or deposits a regulated
substance shall inspect the underground storage tank to determine the existence or absence of the registration tag. If
a registration tag is not affixed to the underground storage tank fill pipe, the person conveying or depositing
the regulated substance may deposit the regulated substance in the unregistered tank provided that the deposit
is allowed only in the single instance, that the person reports the unregistered tank to the department of
natural resources, and that the person provides the owner or operator with an underground storage tank
registration form and informs the owner or operator of the underground storage tank registration requirements. The
owner or operator is allowed fifteen days following the report to the department of the owner's or operator's unregistered tank to comply with the registration requirements.
If an owner or operator fails to register or obtain annual renewal tags for the
reported underground storage tank during the fifteen-day period, the owner or operator shall pay a an additional fee of twenty-five two hundred fifty dollars upon registration of the tank. A fee imposed pursuant to this subsection shall not preclude the department from assessing an administrative penalty pursuant to section 455B.476.
Sec. 2. Section 455B.473, Code 2001, is amended by adding the following new subsection:
NEW SUBSECTION. 10. The department may deny issuance of a registration or annual tank management fee renewal tag for failure of the owner or operator to provide proof the underground storage tank is covered by an approved form of financial responsibility as provided in section 455B.474, subsection 2.
Sec. 3. Section 455G.21, subsection 2, paragraph a, Code 2001, is amended to read as follows:
a. The innocent landowners fund shall be established as a separate fund in the state treasury under the
control of the board. The innocent landowners fund shall include any moneys recovered pursuant to cost
recovery enforcement under section 455G.13. Notwithstanding section 455G.1, subsection 2, benefits for the costs
of corrective action shall
may be provided to the owner of a petroleum-contaminated property,
or an owner or operator of an underground storage tank located on the
property, who is not otherwise eligible to
receive benefits under section 455G.9 due to the date on which the release causing the contamination was reported
or the date the claim was filed. An owner of a petroleum-contaminated
property, or an owner or operator of an underground storage tank located on the
property, shall be eligible for payment of total
corrective action costs subject to copayment requirements under section 455G.9, subsection 4. The board may adopt rules
conditioning receipt of benefits under this paragraph to those petroleum-contaminated properties which present a
higher degree of risk to the public health and safety or the environment and may adopt rules providing for denial
of benefits under this paragraph to a person who did not make a good faith attempt to comply with the
provisions of this chapter. This paragraph does not confer a legal right to an owner of petroleum-contaminated
property, or an owner or operator of an underground storage tank located on the
property, for receipt of benefits under this paragraph.
Sec. 4. Section 455G.2, subsection 17, Code 2001, is amended to read as follows:
17. "Precorrective action value" means the
assessed value of the tank site immediately prior to the
discovery of a petroleum release
purchase price of the tank site paid by the owner after October 26, 1990.
Approved April 18, 2001
Updated: 05-Nov-2001 10:47 AM
rc/sw