Iowa Admin. Code r. 567-134.14

Current through Register Vol. 47, No. 6, September 18, 2024

Rule 567-134.14 - Responsibilities of compliance inspectors

The UST compliance inspector shall conduct a compliance inspection in accordance with the standards set out in this rule and with department written instructions and guidelines. The inspector shall notify the department of the date of a site inspection at least ten days prior to the inspection or another time frame approved by the department.

(1) Inspection process. The inspector shall record the inspection on a form provided by the department and conduct the inspection to address all items contained on the inspection form. The department may approve an alternative inspection form if requested by the inspector. The completed inspection form must be maintained by the inspector or certified company for five years. Upon completion of the site inspection, the inspector shall send an inspection report to the owner and operator within ten business days, except for the notice of a potential suspected or confirmed release as provided in paragraph"b." At a minimum, the report shall satisfy the following:

a. The inspector shall notify the owner and operator of any compliance violations or deficiencies and those specific actions necessary to correct the violations or deficiencies in accordance with 567-Chapter 135.

b. The inspector shall immediately upon discovery notify the owner and operator of a suspected release as provided in 567-135.6 (455B). The notice shall advise the owner and operator of their duty to report the condition to the department within 24 hours or within 6 hours if a hazardous condition exists as defined in 567-131.1(455B) and of their duty to take necessary steps to investigate and confirm suspected releases within the time frames specified in 567-135.6 (455B). The inspector shall record in the inspection report submitted to the department the date and time of the notice to the owner and operator.

c. The inspector shall notify the owner and operator of applicable time frames to correct violations or deficiencies if established by rule, or within 60 days of receipt of the inspection report or another reasonable time period approved by the department.

d. The inspector may enter the initial site inspection results electronically as provided in 134.14(2) and complete a follow-up final electronic report as provided below or wait until completion of the follow-up activities to submit a final electronic report. In either case, a final electronic report shall be submitted to the department and a copy provided to the owner and operator as provided in 134.14(2), within the following time frames:

(1) Within 10 business days of the inspection, if the results of the inspection find no violations or deficiencies requiring corrective action.

(2) Within 10 business days of the inspector's receipt of all necessary documentation of all action required to correct violations and deficiencies.

(3) In any case, no later than 90 days of the site inspection.

(2) Electronic inspection reporting. The inspector shall prepare an electronic report in accordance with the following:

a. The inspector shall enter the results of the site inspection discovered at the time of the inspection and any actions taken to correct violations and deficiencies on an Internet-based electronic format developed by the department and in accordance with guidance. The department's software will be capable of generating an inspection report.

b. The department will develop a generally compatible electronic platform using XML language. The department will provide the XML schema file format to describe the data needed to allow an inspector to transfer multiple site inspection results in an electronic batch process over the Internet using the department's inspection website.

c. The inspector shall provide a print copy of the electronically generated inspection report to the owner and operator or an alternative report approved by the department.

(3) Any evidence of violations or deficiencies observed during the inspection must be photographed using a digital camera. The digital photographs must be submitted as part of the electronic inspection report and maintained by the inspector for five years as part of the inspector's records.

(4) The inspector must provide any inspection records provided by the owner and operator to the department upon request.

(5) Inspection technical requirements. An inspector of a UST system must check for compliance with the technical standards of 567-Chapter 135 following the department's guidance. The inspection of a UST system currently in operation shall include, but not be limited to, the following:

a. The material currently stored in the UST.

b. The type of tank and lines currently at the site as compared to the registered information on the department's database.

c. Checking site records demonstrating operational compliance, 567-subrule 135.4(5).

d. Checking release detection records, 567-subrule 135.5(6).

e. Visually checking for releases or other violations by opening covers of dispensers, manways, and containment sumps for submersible pumps and other piping connections for:

(1) Indications of a product release and leaking equipment.

(2) Deteriorating product lines or excessive bends in product lines or flex connectors.

(3) Proper anchoring of breakaways (dispensers only).

f. Current operating status of cathodic protection system, if present.

g. Presence and operational condition of spill and overfill equipment, 567-paragraph 135.3(1)"c."

Any problems observed during the inspection must be photographed using a digital camera.

(6) Conflict of interest. A compliance inspector shall not conduct a compliance inspection if the compliance inspector is the owner or operator of the UST system, an employee of the owner or operator of the UST system, or a person having daily on-site responsibility for the operation and maintenance of the UST system.

Iowa Admin. Code r. 567-134.14

ARC 8124B, IAB 9/9/09, effective 10/14/09

Amended by IAB May 19, 2021/Volume XLIII, Number 24, effective 6/23/2021