455B.474 - DUTIES OF COMMISSION -- RULES.

        455B.474  DUTIES OF COMMISSION -- RULES.         The commission shall adopt rules pursuant to chapter 17A relating      to:         1.  Release detection, prevention, and correction as may be      necessary to protect human health and the environment, applicable to      all owners and operators of underground storage tanks.  The rules      shall include, but are not limited to, requirements for:         a.  Maintaining a leak detection system, an inventory control      system with a tank testing, or a comparable system or method designed      to identify releases in a manner consistent with the protection of      human health and the environment.         b.  Maintaining records of any monitoring or leak detection      system, inventory control system, tank testing or comparable system,      and periodic underground storage tank facility compliance inspections      conducted by inspectors certified by the department.         c.  Reporting of any releases and corrective action taken in      response to a release from an underground storage tank.         d.  Establishing criteria for classifying sites according to      the release of a regulated substance in connection with an      underground storage tank.         (1)  The classification system shall consider the actual or      potential threat to public health and safety and to the environment      posed by the contaminated site and shall take into account relevant      factors, including the presence of contamination in soils,      groundwaters, and surface waters, and the effect of conduits,      barriers, and distances on the contamination found in those areas      according to the following factors:         (a)  Soils shall be evaluated based upon the depth of the existing      contamination and its distance from the ground surface to the      contamination zone and the contamination zone to the groundwater; the      soil type and permeability, including whether the contamination      exists in clay, till or sand and gravel; and the variability of the      soils, whether the contamination exists in soils of natural      variability or in a disturbed area.         (b)  Groundwaters shall be evaluated based upon the depth of the      contamination and its distance from the ground surface to the      groundwater and from the contamination zone to the groundwater; the      flow pattern of the groundwater, the direction of the flow in      relation to the contamination zone and the interconnection of the      groundwater with the surface or with surface water and with other      groundwater sources; the nature of the groundwater, whether it is      located in a high yield aquifer, an isolated, low yield aquifer, or      in a transient saturation zone; and use of the groundwater, whether      it is used as a drinking water source for public or private drinking      water supplies, for livestock watering, or for commercial and      industrial processing.         (c)  Surface water shall be evaluated based upon its location, its      distance in relation to the contamination zone, the groundwater      system and flow, and its location in relation to surface drainage.         (d)  The effect of conduits, barriers, and distances on the      contamination found in soils, groundwaters, and surface waters.      Consideration should be given to the following:  the effect of      contamination on conduits such as wells, utility lines, tile lines      and drainage systems; the effect of conduits on the transport of the      contamination; whether a well is active or abandoned; what function      the utility line serves, whether it is a sewer line, a water      distribution line, telephone line, or other line; the existence of      barriers such as buildings and other structures, pavement, and      natural barriers, including rock formations and ravines; and the      distance which separates the contamination found in the soils,      groundwaters, or surface waters from the conduits and barriers.         (2)  A site shall be classified as either high risk, low risk, or      no action required.         (a)  A site shall be considered high risk when it is determined      that contamination from the site presents an unreasonable risk to      public health and safety or the environment under any of the      following conditions:         (i)  Contamination is affecting or likely to affect groundwater      which is used as a source water for public or private water supplies,      to a level rendering them unsafe for human consumption.         (ii)  Contamination is actually affecting or is likely to affect      surface water bodies to a level where surface water quality      standards, under section 455B.173, will be exceeded.         (iii)  Harmful or explosive concentrations of petroleum substances      or vapors affecting structures or utility installations exist or are      likely to occur.         (b)  A site shall be considered low risk under any of the      following conditions:         (i)  Contamination is present and is affecting groundwater, but      high risk conditions do not exist and are not likely to occur.         (ii)  Contamination is above action level standards, but high risk      conditions do not exist and are not likely to occur.         (c)  A site shall be considered no action required if      contamination is below action level standards and high or low risk      conditions do not exist and are not likely to occur.         (d)  For purposes of classifying a site as either low risk or no      action required, the department shall rely upon the example tier one      risk-based screening level look-up table of ASTM (American society      for testing and materials) international's emergency standard,      ES38-94, or other look-up table as determined by the department by      rule.         (e)  A site cleanup report which classifies a site as either high      risk, low risk, or no action required shall be submitted by a      groundwater professional to the department with a certification that      the report complies with the provisions of this chapter and rules      adopted by the department.  The report shall be determinative of the      appropriate classification of the site.  However, if the report is      found to be inaccurate or incomplete, and if based upon information      in the report the risk classification of the site cannot be      reasonably determined by the department based upon industry      standards, the department shall work with the groundwater      professional to obtain the additional information necessary to      appropriately classify the site.  A groundwater professional who      knowingly or intentionally makes a false statement or      misrepresentation which results in a mistaken classification of a      site shall be guilty of a serious misdemeanor and shall have the      groundwater professional's certification revoked under this section.         e.  The closure of tanks to prevent any future release of a      regulated substance into the environment.  If consistent with federal      environmental protection agency technical standard regulations, state      tank closure rules shall include, at the tank owner's election, an      option to fill the tank with an inert material.  Removal of a tank      shall not be required if the tank is filled with an inert material      pursuant to department of natural resources rules.  A tank closed, or      to be closed and which is actually closed, within one year of May 13,      1988, shall be required to complete monitoring or testing as required      by the department to ensure that the tank did not leak prior to      closure, but shall not be required to have a monitoring system      installed.         f.  Establishing corrective action response requirements for      the release of a regulated substance in connection with an      underground storage tank.  The corrective action response      requirements shall include, but not be limited to, all of the      following:         (1)  A requirement that the site cleanup report do all of the      following:         (a)  Identify the nature and level of contamination resulting from      the release.         (b)  Provide supporting data and a recommendation of the degree of      risk posed by the site relative to the site classification system      adopted pursuant to paragraph "d".         (c)  Provide supporting data and a recommendation of the need for      corrective action.         (d)  Identify the corrective action options which shall address      the practical feasibility of implementation, costs, expected length      of time to implement, and environmental benefits.         (2)  To the fullest extent practicable, allow for the use of      generally available hydrological, geological, topographical, and      geographical information and minimize site specific testing in      preparation of the site cleanup report.         (3)  Require that at a minimum the source of a release be stopped      either by repairing, upgrading, or closing the tank and that free      product be removed or contained on site.         (4)  High risk sites shall be addressed pursuant to a corrective      action design report, as submitted by a groundwater professional and      as accepted by the department.  The corrective action design report      shall determine the most appropriate response to the high risk      conditions presented.  The appropriate corrective action response      shall be based upon industry standards and shall take into account      the following:         (a)  The extent of remediation required to reclassify the site as      a low risk site.         (b)  The most appropriate exposure scenarios based upon      residential, commercial, or industrial use or other predefined      industry accepted scenarios.         (c)  Exposure pathway characterizations including contaminant      sources, transport mechanisms, and exposure pathways.         (d)  Affected human or environmental receptors and exposure      scenarios based on current and projected use scenarios.         (e)  Risk-based corrective action assessment principles which      identify the risks presented to the public health and safety or the      environment by each release in a manner that will protect the public      health and safety or the environment using a tiered procedure      consistent with ASTM (American society for testing and materials)      international's emergency standard, ES38-94.         (f)  Other relevant site specific factors such as the feasibility      of available technologies, existing background contaminant levels,      current and planned future uses, ecological, aesthetic, and other      relevant criteria, and the applicability and availability of      engineering and institutional controls, including an environmental      covenant as established by chapter 455I.         (g)  Remediation shall not be required on a site that does not      present an increased cancer risk at the point of exposure of one in      one million for residential areas or one in ten thousand for      nonresidential areas.         (5)  A corrective action design report submitted by a groundwater      professional shall be accepted by the department and shall be      primarily relied upon by the department to determine the corrective      action response requirements of the site.  However, if the corrective      action design report is found to be inaccurate or incomplete, and if      based upon information in the report the appropriate corrective      action response cannot be reasonably determined by the department      based upon industry standards, the department shall work with the      groundwater professional to obtain the additional information      necessary to appropriately determine the corrective action response      requirements.  A groundwater professional who knowingly or      intentionally makes a false statement or misrepresentation which      results in an improper or incorrect corrective action response shall      be guilty of a serious misdemeanor and shall have the groundwater      professional's certification revoked under this section.         (6)  Low risk sites shall be monitored as deemed necessary by the      department consistent with industry standards.  Monitoring shall not      be required on a site which has received a no further action      certificate.         (7)  An owner or operator may elect to proceed with additional      corrective action on the site.  However, any action taken in addition      to that required pursuant to this paragraph "f" shall be solely      at the expense of the owner or operator and shall not be considered      corrective action for purposes of section 455G.9.         (8)  Notwithstanding other provisions to the contrary and to the      extent permitted by federal law, the department shall allow for      bioremediation of soils and groundwater.  For purposes of this      subparagraph, "bioremediation" means the use of biological      organisms, including microorganisms or plants, to degrade organic      pollutants to common natural products.         (9)  Replacement or upgrade of a tank on a site classified as a      high or low risk site shall be equipped with a secondary containment      system with monitoring of the space between the primary and secondary      containment structures or other board approved tank system or      methodology.         (10)  The commission and the board shall cooperate to ensure that      remedial measures required by the corrective action rules adopted      pursuant to this paragraph are reasonably cost-effective and shall,      to the fullest extent possible, avoid duplicating and conflicting      requirements.         (11)  The director may order an owner or operator to immediately      take all corrective actions deemed reasonable and necessary by the      director if the corrective action is consistent with the      prioritization rules adopted under this paragraph.  Any order taken      by the director pursuant to this subparagraph shall be reviewed at      the next meeting of the environmental protection commission.         g.  Specifying an adequate monitoring system to detect the      presence of a leaking underground storage tank and to provide for      protection of the groundwater resources for regulated tanks installed      prior to January 14, 1987.  The effective date of the rules adopted      shall be January 14, 1989.  In the event that federal regulations are      adopted by the United States environmental protection agency after      the commission has adopted state standards pursuant to this      subsection, the commission shall immediately proceed to adopt rules      consistent with those federal regulations adopted.  Unless the      federal environmental protection agency adopts final rules to the      contrary, rules adopted pursuant to this section shall not apply to      hydraulic lift reservoirs, such as for automobile hoists and      elevators, containing hydraulic oil.         h.  Issuing a no further action certificate or a monitoring      certificate to the owner or operator of an underground storage tank      site.         (1)  A no further action certificate shall be issued by the      department for a site which has been classified as a no further      action site or which has been reclassified pursuant to completion of      a corrective action plan or monitoring plan to be a no further action      site.         (2)  A monitoring certificate shall be issued by the department      for a site which does not require remediation, but does require      monitoring of the site.         (3)  A certificate shall be recorded with the county recorder.      The owner or operator of a site who has been issued a certificate      under this paragraph "h" or a subsequent purchaser of the site      shall not be required to perform further corrective action solely      because action standards are changed at a later date.  A certificate      shall not prevent the department from ordering corrective action of a      new release.         i.  Establishing a certified compliance inspector program      administered by the department for underground storage tank facility      compliance inspections.         (1)  The certified compliance inspector program shall provide for,      but not be limited to, all of the following:         (a)  Mandatory periodic underground storage tank facility      compliance inspections by owners and operators using inspectors      certified by the department.         (b)  Compliance inspector qualifications, certification      procedures, certification and renewal fees sufficient to cover      administrative costs, continuing education requirements, inspector      discipline standards including certification suspension and      revocation for good cause, compliance inspection standards,      professional liability bonding or insurance requirements, and any      other requirements as the commission may deem appropriate.      Certification and renewal fees received by the department are      appropriated to the department for purposes of the administration of      the certified compliance inspector program.         (2)  The department shall continue to conduct independent      inspections as provided in section 455B.475 as deemed appropriate to      assure effective compliance and enforcement and for the purpose of      auditing the accuracy and completeness of inspections conducted by      certified compliance inspectors.         (3)  Acts or omissions by a certified compliance inspector, the      state, or the department regarding certification, renewal, oversight      of the certification process, continuing education, discipline,      inspection standards, or any other actions, rules, or regulations      arising out of the certification, inspections, or duties imposed by      this section shall not be cause for a claim against the state or the      department within the meaning of chapter 669 or any other provision      of the Iowa Code.         In adopting the rules under this subsection, the commission may      distinguish between types, classes, and ages of underground storage      tanks.  In making the distinctions, the commission may take into      consideration factors including, but not limited to, location of the      tanks, compatibility of a tank material with the soil and climate      conditions, uses of the tanks, history of maintenance, age of the      tanks, current industry recommended practices, national consensus      codes, hydrogeology, water table, size of the tanks, quantity of      regulated substances periodically deposited in or dispensed from the      tank, the degree of risk presented by the regulated substance, the      technical and managerial capability of the owners and operators, and      the compatibility of the regulated substance and the materials of      which the underground storage tank is fabricated.         The department may issue a variance, which includes an enforceable      compliance schedule, from the mandatory monitoring requirement for an      owner or operator who demonstrates plans for tank removal,      replacement, or filling with an inert material pursuant to a      department approved variance.  A variance may be renewed for just      cause.         2.  The maintenance of evidence of financial responsibility as the      director determines to be feasible and necessary for taking      corrective action and for compensating third parties for bodily      injury and property damage caused by release of a regulated substance      from an underground storage tank.         a.  Financial responsibility required by this subsection may      be established in accordance with rules adopted by the commission by      any one, or any combination, of the following methods:  insurance,      guarantee, surety bond, letter of credit, or qualification as a      self-insurer.  In adopting requirements under this subsection, the      commission may specify policy or other contractual terms, conditions,      or defenses which are necessary or are unacceptable in establishing      the evidence of financial responsibility.         A person who establishes financial responsibility by      self-insurance shall not require or shall not enforce an      indemnification agreement with an operator or owner of the tank      covered by the self-insurance obligation, unless the owner or      operator has committed a substantial breach of a contract between the      self-insurer and the owner or operator, and that substantial breach      relates directly to the operation of the tank in an environmentally      sound manner.  This paragraph applies to all contracts between a      self-insurer and an owner or operator entered into on or after May 5,      1989.         b.  If the owner or operator is in bankruptcy, reorganization,      or arrangement pursuant to the federal bankruptcy law or if      jurisdiction in any state court or federal court cannot be obtained      over an owner or operator likely to be solvent at the time of      judgment, any claim arising from conduct for which evidence of      financial responsibility must be provided under this subsection may      be asserted directly against the guarantor providing the evidence of      financial responsibility.  In the case of action pursuant to this      paragraph, the guarantor is entitled to invoke all rights and      defenses which would have been available to the owner or operator if      an action had been brought against the owner or operator by the      claimant and which would have been available to the guarantor if an      action had been brought against the guarantor by the owner or      operator.         c.  The total liability of a guarantor shall be limited to the      aggregate amount which the guarantor has provided as evidence of      financial responsibility to the owner or operator under this      subsection.  This subsection does not limit any other state or      federal statutory, contractual, or common law liability of a      guarantor to its owner or operator including, but not limited to, the      liability of the guarantor for bad faith in negotiating or in failing      to negotiate the settlement of any claim.  This subsection does not      diminish the liability of any person under section 107 or 111 of the      Comprehensive Environmental Response, Compensation and Liability Act      of 1980 or other applicable law.         d.  For the purpose of this subsection, the term      "guarantor" means any person, other than the owner or operator,      who provides evidence of financial responsibility for an owner or      operator under this subsection.         e.  If an owner or operator is required to uncover or remove      an underground storage tank based upon a determination of the      department that the underground storage tank presents a hazard to the      public health, safety, or the environment, and if upon inspection of      the tank the determination is unfounded, the state may reimburse      reasonable costs incurred in the inspection of the tank.  Claims for      reimbursement shall be filed on forms provided by the commission.      The commission shall adopt rules pursuant to chapter 17A relating to      determinations of reasonableness in approval or rejection of claims      in cases of dispute.  Claims shall be paid from the general fund of      the state.  When any one of the tanks or the related pumps and piping      at a multiple tank facility are found to be leaking, the state shall      not reimburse costs for uncovering or removing any of the other      tanks, piping, or pumps that are not found to be leaking.         3.  Standards of performance for new underground storage tanks      which shall include, but are not limited to, design, construction,      installation, release detection, and compatibility standards.  Until      the effective date of the standards adopted by the commission and      after January 1, 1986, a person shall not install an underground      storage tank for the purpose of storing regulated substances unless      the tank (whether of single or double wall construction) meets all      the following conditions:         a.  The tank will prevent release due to corrosion or      structural failure for the operational life of the tank.         b.  The tank is cathodically protected against corrosion,      constructed of noncorrosive material, steel clad with a noncorrosive      material, or designed in a manner to prevent the release or      threatened release of any stored substance.         c.  The material used in the construction or lining of the      tank is compatible with the substance to be stored.  If soil tests      conducted in accordance with ASTM (American society for testing and      materials) international's standard G 57-78 or another standard      approved by the commission show that soil resistivity in an      installation location is twelve thousand ohm/cm or more (unless a      more stringent soil resistivity standard is adopted by rule of the      commission), a storage tank without corrosion protection may be      installed in that location until the effective date of the standards      adopted by the commission and after January 1, 1986.         d.  Rules adopted by the commission shall specify adequate      monitoring systems to detect the presence of a leaking underground      storage tank and to provide for protection of the groundwater      resources from regulated tanks installed after January 14, 1987.  In      the event that federal regulations are adopted by the United States      environmental protection agency after the commission has adopted      state standards pursuant to this subsection, the commission shall      immediately proceed to adopt rules consistent with those federal      regulations adopted.  Tanks installed on or after January 14, 1987,      shall continue to be considered new tanks for purposes of this      chapter and are subject to state monitoring requirements unless      federal requirements are more restrictive.         4.  The form and content of the written notices required by      section 455B.473.         5.  The duties of owners or operators of underground storage tanks      to locate and abate the source of release of regulated substances,      when in the judgment of the director, the local hydrology, geology      and other relevant factors reasonably include a tank as a potential      source.         6.  Reporting requirements necessary to enable the department to      maintain an accurate inventory of underground storage tanks.         7.  Designation of regulated substances subject to this part,      consistent with section 455B.471, subsection 8.  The rules shall be      at least as stringent as the regulations of the federal government      pursuant to section 311, subsection b, paragraph 2, subparagraph A of      the federal Water Pollution Control Act, 33 U.S.C. § 1321(b)(2)(A),      pursuant to section 102 of the Comprehensive Environmental Response,      Compensation, and Liability Act, 42 U.S.C. § 9602, pursuant to      section 307, subsection a of the federal Water Pollution Control Act,      33 U.S.C. § 1317(a), pursuant to section 112 of the Clean Air Act, 42      U.S.C. § 7412, or pursuant to section 7 of the Toxic Substances      Control Act, 15 U.S.C. § 2606.         8.  Requirements as may be necessary to maintain state program      approval and which are consistent with applicable provisions of the      federal Energy Policy Act of 2005, Pub. L. No. 109-58, Tit. XV,      Subtitle B, Underground Storage Tank Compliance, as codified in 42      U.S.C. § 6991 et seq.         a.  The commission shall adopt rules establishing a training      program applicable to owners and operators of underground storage      tanks.  The rules may include provisions for department certification      of operators, self-certification by owners and operators, education      and training requirements, owner requirements to assure operator      qualifications, and assessment of education, training, and      certification fees.  The rules shall be consistent with and      sufficient to comply with the operator training requirements as      provided in 42 U.S.C. § 6991i, guidance adopted pursuant to that      provision by the administrator of the United States environmental      protection agency, and state program approval requirements under 42      U.S.C. § 6991i(b).         b.  The commission shall adopt rules related to the      prohibition on the delivery of regulated substances consistent with      and sufficient to comply with the provisions of 42 U.S.C. § 6991k,      guidance adopted by the administrator of the United States      environmental protection agency pursuant to that provision, and state      program approval requirements under 42 U.S.C. § 6991k(a)(3).         c.  The commission shall adopt rules applicable to secondary      containment requirements consistent with and sufficient to comply      with the provisions of Pub. L. No. 109-58, Tit. XV, § 1530(a), as      codified at 42 U.S.C. § 6991b(i)(1), and guidance adopted by the      administrator of the United States environmental protection agency      pursuant to that provision.  Each new underground storage tank or      piping connected to any such new tank installed after July 1, 2007,      or any existing underground storage tank or existing piping connected      to such existing underground storage tank that is replaced after      August 1, 2007, shall be secondarily contained if the installation is      within one thousand feet of any existing community water system or      any existing potable drinking water well as provided in Pub. L. No.      109-58, Tit. XV, § 1530(a), as codified at 42 U.S.C. § 6991b(i)(1),      and in guidance adopted by the United States environmental protection      agency pursuant to that provision.  Rules adopted under this      paragraph shall not amend or modify the secondary containment      requirements in subsection 1, paragraph "f", subparagraph (9).         9. a.  Groundwater professionals shall be certified.  The      commission shall adopt rules pursuant to chapter 17A for such      certifications, and the rules shall include provisions for      certification suspension or revocation for good cause.         b.  A groundwater professional is a person who provides      subsurface soil contamination and groundwater consulting services or      who contracts to perform remediation or corrective action services      and is one or more of the following:         (1)  A person certified by the American institute of hydrology,      the national water well association, the American board of industrial      hygiene, or the association of groundwater scientists and engineers.         (2)  A professional engineer licensed in Iowa.         (3)  A professional geologist certified by a national      organization.         (4)  Any person who has five years of direct and related      experience and training as a groundwater professional or in the field      of earth sciences.         (5)  Any other person with a license, certification, or      registration to practice hydrogeology or groundwater hydrology issued      by any state in the United States or by any national organization,      provided that the license, certification, or registration process      requires, at a minimum, all of the following:         (a)  Possession of a bachelor's degree from an accredited college.         (b)  Five years of related professional experience.         c.  The department of natural resources may provide for a      civil penalty of no more than fifty dollars for failure to obtain      certification.  An interested person may obtain a list of certified      groundwater professionals from the department of natural resources.      The department may impose and retain a fee for the certification of      persons under this subsection sufficient to cover the costs of      administration.         d.  The certification of groundwater professionals shall not      impose liability on the board, the department, or the fund for any      claim or cause of action of any nature, based on the action or      inaction of a groundwater professional certified pursuant to this      subsection.         e.  A person who requests certification under this subsection      shall be required to attend a course of instruction and pass a      certification examination.  An applicant who successfully passes the      examination shall be certified as a groundwater professional.         f.  All groundwater professionals shall be required to      complete continuing education requirements as adopted by rule by the      commission.         g.  The commission may provide for exemption from the      certification requirements of this subsection and rules adopted      hereunder for a professional engineer licensed pursuant to chapter      542B, if the person is qualified in the field of geotechnical,      hydrological, environmental groundwater, or hydrogeological      engineering.         h.  Notwithstanding the certification requirements of this      subsection, a site cleanup report or corrective action design report      submitted by a certified groundwater professional shall be accepted      by the department in accordance with subsection 1, paragraph "d",      subparagraph (2), subparagraph division (e), and paragraph "f",      subparagraph (5).         10.  Requirements that persons and companies performing or      providing services for underground storage tank installations,      installation inspections, testing, permanent closure of underground      storage tanks by removal or filling in place, and other closure      activities as defined by rules adopted by the commission be certified      by the department.  This provision does not apply to persons      performing services in their official capacity and as authorized by      the state fire marshal's office or fire departments of political      subdivisions of the state.  The rules adopted by the commission shall      include all of the following:         a.  Establishing separate certification criteria applicable to      underground storage tank installers and installation inspectors,      underground storage tank testers, and persons conducting underground      storage tank closure activities as required by commission rules.         b.  Establishing minimum qualifications for certification      including but not limited to considerations based on education,      character, professional ethics, experience, manufacturer or other      private agency certification, training and apprenticeship, and field      demonstration of competence.  The rules may provide for exemption      from education, experience, and training requirements for a licensed      engineer for whom underground storage tank installation is within the      scope of their license and practice but shall require compliance with      other certification requirements.         c.  Requiring a written examination developed and administered      by the department or by some other qualified public or private entity      identified by the department.  The department may contract with a      public or private entity to administer the department's examination      or a department-approved third party examination.  The examination      shall, at a minimum, be sufficient to establish knowledge of all      applicable underground storage tank rules adopted under this section,      private industry standards, federal standards, and other applicable      standards adopted by the state fire marshal's office pursuant to      chapter 101.         d.  Providing for a minimum two-year renewable certification      period.  A person may apply for a combined certificate applicable to      underground storage tank installer and installer inspector      certification, tester certification, and closure certification.         e.  Providing that certificate holders obtain and provide      proof of financial responsibility for environmental liability with      minimum liability limits of one million dollars per occurrence and in      the aggregate.  The rules may provide exemptions where the      certificate holder is employed by the owner or operator of the      underground storage tank system and the underground storage tank      system is covered by a financial responsibility mechanism under      subsection 2.         f.  Providing criteria for the department to take disciplinary      action including issuance of warnings, reprimands, suspension and      probation, and revocation.  Any certificate holder subject to      suspension or revocation shall be entitled to notice and an      opportunity for an evidentiary hearing as provided in section 17A.18.         g.  Providing for certification reciprocity between states      upon demonstration that the out-of-state certification criteria is      substantially equivalent to rules adopted by the commission.         h.  Providing for assessment of fees sufficient to cover the      costs of administration of the certification program.  A separate fee      may be established for persons applying for a combination of      installer and installer inspector, testing, or closure      certifications.  Fees received by the department pursuant to this      subsection are appropriated to the department for purposes of the      administration of activities under this subsection.         i.  Notwithstanding subsection 7, the commission may adopt      rules requiring that all underground storage tank installations,      installation inspections, testing, and closure activities be      conducted by persons certified in accordance with this subsection.         j.  Acts or omissions of a person certified under this      subsection, the state, or the department regarding certification,      renewal, oversight of the certification process, continuing      education, discipline, inspection standards, or any other actions      including department onsite supervision of certified activities,      rules, or regulations arising out of the certification, shall not be      cause for a claim against the state or the department within the      meaning of chapter 669 or any other provision of the Code.         The rules adopted by the commission under this section shall be      consistent with and shall not exceed the requirements of federal      regulations relating to the regulation of underground storage tanks      except as provided in subsection 1, paragraph "f" and subsection      3, paragraph "d".  It is the intent of the general assembly that      state rules adopted pursuant to subsection 1, paragraph "f" and      subsection 3, paragraph "d" be consistent with and not more      restrictive than federal regulations adopted by the United States      environmental protection agency when those rules are adopted.  
         Section History: Recent Form
         85 Acts, ch 162, § 4; 86 Acts, ch 1245, § 1899A; 87 Acts, ch 225,      § 606; 88 Acts, ch 1244, § 4--7, 9; 89 Acts, ch 131, § 36, 37; 91      Acts, ch 252, § 5, 6; 92 Acts, ch 1163, § 95; 95 Acts, ch 215,      §5--10; 2000 Acts, ch 1058, §44, 45; 2004 Acts, ch 1086, §106; 2005      Acts, ch 102, §2; 2007 Acts, ch 171, §1--6; 2009 Acts, ch 41, §263         Referred to in § 15G.203, 455B.471, 455B.473, 455G.9, 455H.105 
         Footnotes
         Any registration or certification issued to underground storage      tank installation inspectors pursuant to former § 455G.17 continues      in full force and effect until expiration or renewal; 2007 Acts, ch      171, §10