455H.201 Cleanup standards.
1. a. A participant carrying out a response action shall take such response actions as necessary to assure that conditions in the affected area comply with any of the following, as applicable:
(1) Background standards established pursuant to section 455H.202.
(2) Statewide standards established pursuant to section 455H.203.
(3) Site-specific cleanup standards established pursuant to section 455H.204.
b. Any remediation standard which is applied must provide for the protection of the public health and safety and the environment.
2. A participant may use a combination of these standards to implement a site remediation plan and may propose to use the site-specific cleanup standards whether or not efforts have been made to comply with the background or statewide standards.
3. Until rules setting out requirements for background standards, statewide standards, or site-specific cleanup standards are finally adopted by the commission and effective, participants may utilize site-specific cleanup standards for any hazardous substance utilizing the procedures set out in the department’s rules implementing risk-based corrective action for underground storage tanks and, where relevant, the United States environmental protection agency’s guidance regarding risk assessment for superfund sites.
4. The standards may be complied with through a combination of response actions that may include, but are not limited to, treatment, removal, technological or institutional controls, and natural attenuation and other natural mechanisms, and can include the use of innovative or other demonstrated measures.
97 Acts, ch 127, §8; 2011 Acts, ch 25, §143