What is a "Hazardous Condition"?
“Hazardous Condition” means any situation involving the actual, imminent or probable spillage, leakage, or release of a hazardous substance onto the land, into a water of the state or into the atmosphere which, because of quantity, strength and toxicity of the hazardous substance, its mobility in the environment and its persistence, creates an immediate or potential danger to the public health or safety or to the environment.

A hazardous substance can be any substance or mixture of substance that present a danger to the public health or safety and may include Hazardous Materials as listed by the EPA or DOT, non-hazardous materials that in quantity may cause a toxic or dangerous environment to exist, or a hazardous waste as defined by the EPA and DOT. The definition of a hazardous condition does not rely on reportable quantities, but relies on the impact a quantity may have on the public and environment.

Who is required to report a hazardous condition?
Law enforcement officers and the responsible party. See the rules for a complete definition of responsible party. Fire departments, mayors, and county coordinators are not required to report a hazardous condition. However, we always welcome a report or notification from any local official.

Will I receive a fine for reporting a hazardous condition?
No. The Department can assess a penalty for failure to report a hazardous condition within 6 hours of onset or discovery, or improper response to a hazardous condition. You will not, however, be assessed a penalty for simply reporting a hazardous condition.

Will I receive a fine for not reporting a hazardous condition?
The Department can file a Notice of Violation for a violation of hazardous condition reporting requirements and can assess a penalty for the violation or improper response to a hazardous condition. You will not, however, be assessed a penalty for reporting a hazardous condition. If in doubt it is best to report.

What if I am not sure if this incident qualifies as a hazardous condition?
Report it. We will be willing to sort out the details and make a determination if an incident is reportable when you contact us.

Who responds to a spill or release and does the DNR have a Hazardous Materials Team?
The responsible party has the ultimate responsibility to respond to a spill or release. The responsible party should contact local responders if the spill or release is impacting or has the potential to impact the public or environment outside their property line or if they do not have the means to respond to the spill or release. The responsible party may also elect to have a contractor respond to a spill or release, however the spill or release should be dealt with in a timely manner which may not be possible with a contractor.

No, the DNR does not have a Hazmat Team. The DNR only provides technical assistance, we do not act as "first responders."

Who cleans up a spill?
The responsible party is required to clean up a spill. Sometimes this can be accomplished by employees of the facility if they are familiar with the handling and storage of a chemical, and have proper training to conduct a cleanup. Facilities may also hire contractors to clean up a spill. DNR occasionally hires a contractor to clean up the spill, but this is only done under extraordinary circumstances.

Will DNR make other notifications for me?
DNR can advise you on what other notifications may be necessary, but we will not make the calls for you.

Who is required to have a Spill Prevention, Control, and Countermeasure (SPCC) Plan?
Before a facility is subject to the SPCC rule, it must meet three criteria: 1) it must be non-transportation-related; 2) it must have an aggregate aboveground storage capacity greater than 1,320 gallons or a completely buried storage capacity greater than 42,000 gallons; and 3) there must be a reasonable expectation of a discharge into or upon navigable waters of the United States or ad-joining shorelines. The director of the EPA or the director’s designee may also require an SPCC plan from facilities not meeting the criteria on a case-by-case basis.

Where do I send copies of my Spill Prevention, Control, and Countermeasure (SPCC) Plan?
Copies of the SPCC Plan do not need to be sent to the EPA or DNR. Local communities may require or request a copy of a facility SPCC Plan so check with your local regulatory officials.

However, a copy of the entire SPCC Plan must be maintained at the facility if the facility is normally attended for at least four hours per day. Otherwise, it must be kept at the nearest field office. The SPCC Plan must be available to EPA for on-site review and inspection during normal working hours. Also if the facility spills more than 1,000 gallons of oil into navigable waters or onto adjoining shorelines in a single incident, or has two reportable oil spills of more than 42 gallons within any 12-month period, must submit a copy of the SPCC Plan to the EPA Regional Administrator for review.

Is there a fee for submitting SARA Title III TRI Form A or Form R?
Currently the EPA and Iowa do not charge fees for submitting Form A or Form R reports.