Title XI, NATURAL RESOURCES (Ch. 455 - 485)

1. A retail dealer shall not install, replace, or convert gasoline storage and dispensing infrastructure used to store and dispense ethanol blended gasoline classified as E-15 or higher, unless the installed, replaced, or converted gasoline infrastructure, that includes all parts…

1. A retail dealer shall not install, replace, or convert diesel fuel storage and dispensing infrastructure unless the installed, replaced, or converted diesel fuel infrastructure is capable of storing and dispensing biodiesel blended fuel classified as B-20 or higher. 2. The inf…

This chapter shall be known and may be cited as the “Iowa Land Recycling and Environmental Remediation Standards Act” . 97 Acts, ch 127, §1

The environmental remediation standards established under this chapter shall be used for any response action or other site assessment or remediation that is conducted at a site enrolled pursuant to this chapter notwithstanding provisions regarding water quality in chapter 455B, s…

As used in this chapter , unless the context requires otherwise: 1. “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. 2. “Affiliate” means a corporate parent, subsidiary, or …

The general assembly finds and declares all of the following: 1. Some real property in Iowa is not put to its highest productive use because it is contaminated or it is perceived to be contaminated as a result of past activity on the property. The reuse of these sites is an impor…

The commission shall do all of the following: 1. Adopt rules pertaining to the assessment, evaluation, and cleanup of the presence of hazardous substances which allow participants to carry out response actions using background standards, statewide standards, or site-specific clea…

The department shall do all of the following: 1. Enter into agreements or issue orders in connection with the enrollment of property into a program established pursuant to this chapter . 2. Issue no further action letters upon the demonstration of compliance with applicable stand…

1. A person may enroll property in the land recycling program pursuant to this chapter to carry out a response action in accordance with rules adopted by the commission which outline the eligibility for enrollment. The eligibility rules shall reasonably encourage the enrollment o…

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 stand…

1. Methods to identify background standards shall be adopted by the commission after consideration of the joint recommendations of the department and the technical advisory committee. 2. The demonstration that the affected area meets the background standard shall be documented by…

1. Statewide standards shall be adopted by the commission after consideration of the joint recommendations of the department and the technical advisory committee. The standards must provide for the protection of the public health and safety and the environment. 2. In establishing…

1. Procedures to establish site-specific cleanup standards shall be adopted by the commission after consideration of the joint recommendations of the department and the technical advisory committee. Site-specific cleanup standards must provide for the protection of the public hea…

1. A participant may apply to the department for a variance from any applicable provision of this chapter . 2. The department may issue a variance from applicable standards only if the participant demonstrates all of the following: a. The participant demonstrates either of the fo…

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. 2. An …

1. A participant who would be otherwise required to obtain a permit, license, plan approval, or other approval from the department under any provision of the Code may obtain a consolidated standards permit for the activities in connection with the response action for which the pe…

Public participation shall be a required component of the process for participants for all sites enrolled in the land recycling program. The required level of public participation shall vary depending on the conditions existing at a site. At a minimum, the department shall notify…

1. Once a participant demonstrates that an affected area meets applicable standards and the department has certified that the participant has met all requirements for completion, the department shall promptly issue a no further action letter to the participant. 2. a. A no further…

Upon issuance of a no further action letter pursuant to section 455H.301 , a covenant not to sue arises by operation of law. The covenant releases the participant and each protected party from liability to the state, in the state’s capacity as a regulator administering environmen…

Upon issuance of a no further action letter pursuant to section 455H.301 , except as provided in that section, the participant and each protected party shall no longer have liability under chapter 455A , under chapter 455B other than liability for petroleum underground storage ta…

1. As used in this section , unless the context requires otherwise: a. “Environmental claim” means a civil action for damages for environmental harm and includes a civil action under this chapter for recovery of the costs of conducting a response action, but does not include a ci…

1. Enrolling a site pursuant to this chapter or participating in a response action does not constitute an admission of liability under the statutes of this state, the rules adopted pursuant to the statutes, or the ordinances and resolutions of a political subdivision, or an admis…

The protections from liability afforded under this chapter shall be in addition to the exclusions to any liability protections afforded participants under any other provision of the Code. 97 Acts, ch 127, §20

Protections afforded in this chapter shall not relieve a person from liability for a release of a hazardous substance occurring at the enrolled site after the issuance of a no further action letter or from liability for any condition outside the affected area addressed in the cle…

The liability protection and immunities afforded under this chapter extend only to liability or potential liability arising under state law. It is not intended to provide any relief as to liability or potential liability arising under federal law. This section shall not be constr…

To encourage economic development and the recycling of contaminated land to promote the purposes of this chapter , cities and counties may provide by ordinance that the costs of carrying out response actions under this chapter are to be reimbursed, in whole or in part, by increme…

1. A land recycling fund is created within the state treasury under the control of the commission. Moneys received from fees, general revenue, federal funds, gifts, bequests, donations, or other moneys so designated shall be deposited in the fund. Any unexpended balance in the la…

The director shall maintain a record of the affected areas or portion of affected areas for which no further action letters were issued under section 455H.301 and which involve institutional or technological controls that restrict the use of any of the enrolled sites to comply wi…

A no further action letter, a covenant not to sue, and any agreement authorized to be entered into and entered into under this chapter and the rules adopted pursuant to this chapter may be transferred by the participant or a later recipient to any other person by assignment or in…

The provisions of this chapter shall not prevent or impede the immediate response of the department or a participant to an emergency which involves an imminent or actual release of a hazardous substance which threatens public health and safety or the environment. The emergency re…

The provisions of this chapter shall not prevent or impede a participant from undertaking mitigation measures to prevent significant impacts on human health or the environment. A response action for the site shall not be prejudiced by the mitigation measures undertaken prior to e…

Except for any enrolled site which is the subject of an enforcement action by an agency of the state or the federal government prior to July 1, 1997, for any property where actions similar to a response action have commenced pursuant to any provision of chapter 455B prior to July…

A participant shall not be subject to either a civil enforcement action by an agency of this state or a political subdivision of this state, or an action filed pursuant to section 455B.112 regarding any release, response action, or condition which is the subject of the response a…

An enrolled site listed on the registry of confirmed hazardous waste or hazardous substance disposal sites, established pursuant to section 455B.426 , which has completed a response action as to the conditions which led to its original listing on the registry, shall be removed fr…

The provisions of this chapter shall not prevent the department from enforcing both specific numerical cleanup standards and monitoring of compliance requirements specifically required to be enforced by the federal government as a condition of the receipt of program authorization…

Any rules or standards established pursuant to this chapter shall be no more stringent than those required under any comparable federal law or regulation. 97 Acts, ch 127, §35

This chapter shall be known and cited as the “Uniform Environmental Covenants Act” . 2005 Acts, ch 102, §5

1. An environmental covenant may be amended or terminated by consent only if the amendment or termination is signed by all of the following: a. The agency. b. The current owner in fee simple of the real property subject to the environmental covenant. c. Each person that originall…

1. A civil action for injunctive or other equitable relief for violation of an environmental covenant may be maintained by any of the following: a. A holder or grantor. b. The agency or, if the agency is not the agency with authority to determine or approve the environmental resp…

This chapter modifies, limits, or supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. §7001 et seq., but does not modify, limit, or supersede section 101(a) of that Act, 15 U.S.C. §7001(a), or authorize electronic delivery of any of the not…

As used in this chapter , unless the context otherwise requires: 1. “Activity and use limitations” means restrictions or obligations created under this chapter with respect to real property. “Activity and use limitations” may include, but is not limited to, restrictions on instal…

1. Any person, including a person that owns an interest in the real property, an agency, or a municipality or other unit of local government, may be a holder. An environmental covenant may identify more than one holder. The interest of a holder is an interest in real property. 2.…

1. An environmental covenant shall contain all of the following: a. A statement that the instrument is an environmental covenant executed pursuant to this chapter . b. A legally sufficient description of the real property subject to the environmental covenant. c. A description of…

1. An environmental covenant that complies with this chapter runs with the land. 2. An environmental covenant that is otherwise effective is valid and enforceable even if any of the following applies to the environmental covenant: a. The environmental covenant is not appurtenant …

This chapter does not authorize a use of real property that is otherwise prohibited by zoning, by law other than this chapter regulating use of real property, or by a recorded instrument that has priority over the environmental covenant. An environmental covenant may prohibit or …

1. A copy of a recorded environmental covenant shall be provided to each of the following in the manner required by an agency: a. Each person that signed the environmental covenant. b. Each person holding a recorded interest in the real property subject to the environmental coven…