1. In achieving compliance with the cleanup standards under this chapter, a participant may use an institutional or technological control. The director may require reasonable proof of financial assurance where necessary to assure a technological control remains effective.

Terms Used In Iowa Code 455H.206

  • Affected area: means any real property affected, suspected of being affected, or modeled to be likely affected by a release occurring at an enrolled site. See Iowa Code 455H.103
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Department: means the department of natural resources created under section 455A. See Iowa Code 455H.103
  • Director: means the director of the department of natural resources appointed under section 455A. See Iowa Code 455H.103
  • Environmental covenant: means a servitude arising under an environmental response project that imposes activity and use limitations as defined in section 455I. See Iowa Code 455H.103
  • following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Participant: means any person who enrolls property pursuant to this chapter. See Iowa Code 455H.103
  • Person: means an individual, partnership, firm, corporation, or association. See Iowa Code 462A.2
  • Release: means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment of a hazardous substance, including the abandonment or discarding of barrels, containers, and other closed receptacles containing any hazardous substance, but excludes all of the following:
     a. See Iowa Code 455H.103
  • Response action: includes , but is not limited to, investigation, excavation, removal, disposal, cleansing of groundwaters or surface waters, natural biodegradation, institutional controls, technological controls, or site management practices. See Iowa Code 455H.103
  • state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
  • Use: means to operate, navigate, or employ a vessel. See Iowa Code 462A.2
 2. An institutional or technological control includes any of the following:

 a. A state or federal law or regulation.
 b. An ordinance of any political subdivision of the state.
 c. A contractual obligation recorded and executed in a manner satisfying chapter 558.
 d. A control which the participant can demonstrate reduces or manages the risk from a release through the period necessary to comply with the applicable standards.
 e. An environmental protection easement filed prior to July 1, 2005.
 f. An environmental covenant created in accordance with chapter 455I.
 3. If the department‘s determination of compliance with applicable standards pursuant to subchapter III is conditioned on a restriction in the use of any real estate in the affected area, the participant must utilize an institutional control. If the restriction in use is to limit the use to nonresidential use, the participant must use an environmental covenant as the institutional control. Environmental covenants may also be used to implement other institutional or technological controls. An environmental covenant must comply with the requirements of chapter 455I.
 4. If the use of an institutional or technological control is confirmed in a no further action letter issued pursuant to section 455H.301, the institutional or technological control may be enforced in district court by the department, a political subdivision of this state, the participant, or any successor in interest to the participant.
 5. An institutional or technological control, except for an environmental covenant, may be removed, discontinued, modified, or terminated by the participant or a successor in interest to the participant upon a demonstration that the control no longer is required to assure compliance with the applicable standard. Upon review and approval by the department, the department shall issue an amendment to its no further action letter approving the removal, discontinuance, modification, or termination of an institutional or technological control which is no longer needed.
 6. An environmental covenant created pursuant to subsection 3 may be terminated or amended only in accordance with chapter 455I. The department may determine that any person who intentionally violates an environmental covenant or other technological or institutional control contained in a no further action letter loses any of the benefits provided by this chapter as to the affected area. In the event the technological or institutional controls fail to achieve compliance with the applicable standards, the participant shall undertake an additional response action sufficient to demonstrate to the department compliance with applicable standards. Failure to proceed in a timely manner in performing the additional response action may result in termination of the participant’s enrollment in the land recycling program.
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