reglab/housing_qa huggingface dataset:
IA Code § 455I.5 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455I - UNIFORM ENVIRONMENTAL COVENANTS ACT|Section 455I.5 - Validity — effect on other instruments.

455I.5 Validity — effect on other instruments.   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 to an interest in real property.   b. The environmental covenant can be or has been assigned to a person other than the original holder.   c. The environmental covenant is not of a character that has been recognized traditionally at common law.   d. The environmental covenant imposes a negative burden.   e. The environmental covenant imposes an affirmative obligation on a person having an interest in the real property or on the holder.   f. The benefit or burden does not touch or concern real property.   g. There is no privity of estate or contract.   h. The holder dies, ceases to exist, resigns, or is replaced.   i. The owner of an interest subject to the environmental covenant and the holder are the same person.   3. An instrument that creates restrictions or obligations with respect to real property that would qualify as activity and use limitations except for the fact that the instrument was recorded before July 1, 2005, is valid and enforceable and is not rendered invalid or unenforceable based upon any of the potential limitations on enforcement of interests described in subsection 2 or because it was identified as an easement, servitude, deed restriction, or other interest. This chapter does not apply in any other respect to such an instrument.   4. This chapter does not invalidate or render unenforceable any interest, whether designated as an environmental covenant or other interest, that was created prior to July 1, 2005, or that is otherwise enforceable under the laws of this state.  2005 Acts, ch 102, §9; 2006 Acts, ch 1030, §43, 89
IA Code § 455I.6 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455I - UNIFORM ENVIRONMENTAL COVENANTS ACT|Section 455I.6 - Relationship to other land-use law.

455I.6 Relationship to other land-use law.   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 restrict uses of real property which are authorized by zoning or by law other than this chapter.  2005 Acts, ch 102, §10
IA Code § 455I.7 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455I - UNIFORM ENVIRONMENTAL COVENANTS ACT|Section 455I.7 - Notice.

455I.7 Notice.   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 covenant.   c. Each person in possession of the real property subject to the environmental covenant.   d. Each municipality or other unit of local government in which real property subject to the environmental covenant is located.   e. Any other person the agency requires.   2. The validity of an environmental covenant is not affected by failure to provide a copy of the environmental covenant as required under this section.  2005 Acts, ch 102, §11
IA Code § 455I.8 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455I - UNIFORM ENVIRONMENTAL COVENANTS ACT|Section 455I.8 - Recording.

455I.8 Recording.   1. An environmental covenant and any amendment or termination of the environmental covenant shall be recorded in every county in which any portion of the real property subject to the environmental covenant is located. For purposes of indexing, a holder shall be treated as a grantee.   2. Except as otherwise provided in section 455I.9, subsection 4, an environmental covenant is subject to the laws of this state governing recording and priority of interests in real property.  2005 Acts, ch 102, §12
IA Code § 455I.10 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455I - UNIFORM ENVIRONMENTAL COVENANTS ACT|Section 455I.10 - Amendment or termination by consent.

455I.10 Amendment or termination by consent.   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 originally signed the environmental covenant or an assignee of an original signatory, unless the person waived in a recorded document the right to consent or the agency finds that the person no longer exists or cannot be located or identified with the exercise of reasonable diligence.   d. Except as otherwise provided in subsection 4, paragraph “b”, the holder.   2. If an interest in real property is subject to an environmental covenant, the interest is not affected by an amendment to the environmental covenant unless the current owner of the interest consents to the amendment or has waived in a recorded document the right to consent to amendments.   3. Except for an assignment undertaken pursuant to a governmental reorganization, assignment of an environmental covenant to a new holder is an amendment.   4. Except as otherwise provided in an environmental covenant, all of the following apply:   a. A holder may not assign its interest without consent of the other parties as provided in subsection 1.   b. A holder may be removed and replaced by agreement of the other parties specified in subsection 1.   c. A court of competent jurisdiction may fill a vacancy in the position of holder.  2005 Acts, ch 102, §14  Referred to in §455I.4, 455I.9
IA Code § 455I.11 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455I - UNIFORM ENVIRONMENTAL COVENANTS ACT|Section 455I.11 - Enforcement of environmental covenant.

455I.11 Enforcement of environmental covenant.   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 response project, the department of natural resources.   c. Any person to whom the environmental covenant expressly grants power to enforce the environmental covenant.   d. A person whose interest in the real property or whose collateral or liability may be affected by the alleged violation of the environmental covenant.   e. A municipality or other unit of local government in which the real property subject to the environmental covenant is located.   2. This chapter does not limit the regulatory authority of an agency under law other than this chapter with respect to an environmental response project.   3. A person is not responsible for or subject to liability for environmental remediation or flood control solely because it has the right to enforce an environmental covenant.  2005 Acts, ch 102, §15; 2006 Acts, ch 1030, §44; 2012 Acts, ch 1018, §6, 7  Referred to in §455I.4  Validity and enforceability under this chapter of certain instruments entered into on or after July 1, 1992, and before July 1, 2012, and declared as environmental covenants by July 1, 2013;  2012 Acts, ch 1018, §7
IA Code § 455I.12 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455I - UNIFORM ENVIRONMENTAL COVENANTS ACT|Section 455I.12 - Relation to Electronic Signatures in Global and National Commerce Act.

455I.12 Relation to Electronic Signatures in Global and National Commerce Act.   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 notices described in section 103(b) of that Act, 15 U.S.C. §7003(b).  2005 Acts, ch 102, §16
IA Code § 455J.1 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455J - ENVIRONMENTAL MANAGEMENT SYSTEMS|Section 455J.1 - Environmental management systems — legislative findings — purpose.

455J.1 Environmental management systems — legislative findings — purpose.   1. The purpose of this chapter is to encourage responsible environmental management and solid waste disposal and to enhance efforts to promote environmental stewardship.   2. The general assembly finds and declares all of the following:   a. The policy of responsible environmental management can be furthered by rewarding solid waste planning and service areas that operate in an innovative, cost-effective, technologically advanced, and environmentally sensitive manner.   b. Responsible environmental management can also be furthered by changing the focus of solid waste disposal projects from disposal management to environmental resource management.   c. The concept of environmental stewardship embraces every aspect of the environmental footprint created by the management and disposal of solid waste.   d. Environmental management systems mitigate the climate change impacts of solid waste disposal by reducing the amount of greenhouse gases released into the atmosphere. In addition, environmental management systems improve water quality by limiting and treating the impacts of leachate disposal and by providing positive examples of sustainable water resource management.   e. The goal of managing resources in a sustainable manner is to increase the benefits to communities and society for the present and for the future.  2008 Acts, ch 1109, §4; 2017 Acts, ch 45, §3  Referred to in §455J.7
IA Code § 455J.2 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455J - ENVIRONMENTAL MANAGEMENT SYSTEMS|Section 455J.2 - Definitions.

455J.2 Definitions.   For purposes of this chapter:   1. “Commission” means the environmental protection commission.   2. “Department” means the department of natural resources.   3. “Director” means the director of the department of natural resources.   4. “Environmental management system” or “system” means a solid waste planning or service area which has been designated as an environmental management system pursuant to section 455J.7. “Environmental management system” includes a planning or service area designated as an environmental management system that is providing multiple environmental services in addition to solid waste disposal and that is planning for the continuous improvement of solid waste management by appropriately and aggressively mitigating the environmental impacts of solid waste disposal.  2008 Acts, ch 1109, §5; 2017 Acts, ch 45, §4, 5
IA Code § 455J.4 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455J - ENVIRONMENTAL MANAGEMENT SYSTEMS|Section 455J.4 - Annual compliance reports.

455J.4 Annual compliance reports.   1. On September 1 each year, each environmental management system shall submit to the department an annual report. The report shall document the system’s compliance with the requirements of section 455J.3.   2. The department shall adopt by rule methods and criteria for determining whether a system is in compliance with the provisions of this chapter. In adopting methods and criteria, the department shall consult with stakeholders in order to develop reasonable and appropriate criteria. In determining whether a system is in compliance with the provisions of this chapter, the department shall evaluate whether a system is making continuing progress in regard to the requirements of section 455J.3.  2008 Acts, ch 1109, §7; 2017 Acts, ch 45, §7
IA Code § 455J.5 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455J - ENVIRONMENTAL MANAGEMENT SYSTEMS|Section 455J.5 - Incentives.

455J.5 Incentives.   1. A solid waste planning or service area designated as an environmental management system pursuant to section 455J.7 shall qualify for all of the following:   a. An exemption from solid waste reduction goals imposed on solid waste planning or service areas pursuant to section 455D.3.   b. A reduced tonnage fee of three dollars and sixty-five cents per ton, to be imposed as provided in section 455B.310, notwithstanding section 455B.310, subsection 2, of which two dollars and ten cents shall be remitted to the department.   c. Financial assistance as approved by the commission pursuant to section 455J.7.   2. Notwithstanding any other provision of law to the contrary, in addition to the incentives in subsection 1, a solid waste planning or service area designated as an environmental management system is exempt from filing its comprehensive plan.  2008 Acts, ch 1109, §8; 2017 Acts, ch 45, §8  Referred to in §455B.310
IA Code § 455J.6 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455J - ENVIRONMENTAL MANAGEMENT SYSTEMS|Section 455J.6 - Solid waste alternatives program advisory council.

455J.6 Solid waste alternatives program advisory council. Repealed by 2017 Acts, ch 45, §10.
IA Code § 455K.1 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455K - ENVIRONMENTAL AUDIT PRIVILEGE AND IMMUNITY|Section 455K.1 - Title.

455K.1 Title.   This chapter shall be known and cited as the “Environmental Audit Privilege and Immunity Act”.  98 Acts, ch 1109, §1
IA Code § 455K.2 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455K - ENVIRONMENTAL AUDIT PRIVILEGE AND IMMUNITY|Section 455K.2 - Definitions.

455K.2 Definitions.   As used in this chapter, unless the context otherwise requires:   1. “Department” means the department of natural resources created under section 455A.2 or its delegated authority.   2. “Environmental audit” means a voluntary evaluation of a facility or operation, of an activity at a facility or operation, or of an environmental management system at a facility or operation when the facility, operation, or activity is regulated under state or federal environmental laws, rules, or permit conditions, conducted by an owner or operator, an employee of the owner or operator, or an independent contractor retained by the owner or operator that is designed to identify historical or current noncompliance with environmental laws, rules, ordinances, or permit conditions, discover environmental contamination or hazards, remedy noncompliance or improve compliance with environmental laws, or improve an environmental management system. Once notification is given to the department, an environmental audit shall be completed within a reasonable time not to exceed six months unless an extension is approved by the department based on reasonable grounds.   3. “Environmental audit report” means a document or set of documents generated and developed for the primary purpose and in the course of or as a result of conducting an environmental audit. An “environmental audit report” includes supporting information which may include, but is not limited to, the report document itself, observations, samples, analytical results, exhibits, findings, opinions, suggestions, recommendations, conclusions, drafts, memoranda, drawings, photographs, computer-generated or electronically recorded information, maps, charts, graphs, surveys, implementation plans, interviews, discussions, correspondence, and communications related to the environmental audit. An “environmental audit report” may include any of the following components:   a. An executive summary prepared by the person conducting the environmental audit which may include the scope of the environmental audit, the information gained in the environmental audit, conclusions, recommendations, exhibits, and appendices.   b. Memoranda and documents analyzing portions or all of the report and discussing implementation issues.   c. An implementation plan which addresses correcting past noncompliance, improving current compliance or an environmental management system, or preventing future noncompliance.   d. Periodic updates documenting progress in completing the implementation plan.   4. “Inquiring party” means any party appearing before a court or a presiding officer in an administrative proceeding seeking to review or obtain an in camera review of an environmental audit report.   5. “Owner or operator” means the person or entity who caused the environmental audit to be undertaken.   6. “Privilege” means the protections provided in regard to an environmental audit report as provided in this chapter.  98 Acts, ch 1109, §2  Referred to in §455K.3
IA Code § 455K.3 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455K - ENVIRONMENTAL AUDIT PRIVILEGE AND IMMUNITY|Section 455K.3 - Privilege.

455K.3 Privilege.   1. Material included in an environmental audit report generated during an environmental audit conducted after July 1, 1998, is privileged and confidential and is not discoverable or admissible as evidence in any civil or administrative proceeding, except as otherwise provided in this chapter. The environmental audit report shall be labeled “ENVIRONMENTAL AUDIT REPORT: PRIVILEGED DOCUMENT”. Failure to label each document within the report does not constitute a waiver of the environmental audit privilege or create a presumption that the privilege does or does not apply.   2. A person shall not be compelled to testify in regard to or produce a document included in an environmental audit report in any of the following circumstances:   a. If the testimony or document discloses any component listed in section 455K.2, subsection 3, that was made as part of the preparation of an environmental audit report and that is addressed in a privileged part of an environmental audit report.   b. If the person is any of the following:   (1) A person who conducted any portion of the environmental audit but did not personally observe the physical events of an environmental violation.   (2) A person to whom the results of the environmental audit report are disclosed under section 455K.4, subsection 2.   (3) A custodian of the environmental audit report.   3. A person who conducts or participates in the preparation of an environmental audit report and who has observed physical events of an environmental violation may testify about those events but shall not be compelled to testify about or produce documents related to the preparation of or any privileged part of an environmental audit or any component listed in section 455K.2, subsection 3.   4. An employee of a state agency or other governmental employee shall not request, review, or otherwise use an environmental audit report during an agency inspection of a regulated facility or operation, or an activity of a regulated facility or operation.   5. A party asserting the privilege under this section has the burden of establishing the applicability of the privilege.   6. The privilege provided in this section is in addition to the privilege provided to assistance programs pursuant to section 455B.484A.  98 Acts, ch 1109, §3  Referred to in §455K.4, 455K.8
IA Code § 455K.4 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455K - ENVIRONMENTAL AUDIT PRIVILEGE AND IMMUNITY|Section 455K.4 - Waiver of privilege — disclosure.

455K.4 Waiver of privilege — disclosure.   1. The privilege described in section 455K.3 shall not apply to the extent that the privilege is expressly waived in writing by the owner or operator who prepared the environmental audit report or caused the report to be prepared.   2. Disclosure of an environmental audit report or any other information generated by an environmental audit does not waive the privilege established in section 455K.3 if the disclosure meets any of the following criteria:   a. The disclosure is made to address or correct a matter raised by the environmental audit and the disclosure is made to any of the following:   (1) A person employed by the owner or operator, including temporary and contract employees.   (2) A legal representative of the owner or operator.   (3) An officer or director of the regulated facility or operation or a partner of the owner or operator.   (4) An independent contractor retained by the owner or operator.   b. The disclosure is made under the terms of a confidentiality agreement between any person and the owner or operator of the audited facility or operation.   3. A party to a confidentiality agreement described in subsection 2, paragraph “b”, who violates that agreement is liable for damages caused by the disclosure and for any other penalties stipulated in the confidentiality agreement.   4. Information that is disclosed under subsection 2, paragraph “b”, is confidential and is not subject to disclosure under chapter 22.   5. The protections provided by federal or state law shall be afforded to individuals who disclose information to law enforcement authorities.   6. The provisions of this chapter shall not abrogate the protections provided by federal and state law regarding confidentiality and trade secrets.  98 Acts, ch 1109, §4; 2011 Acts, ch 106, §15, 17  Referred to in §455K.3
IA Code § 455K.5 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455K - ENVIRONMENTAL AUDIT PRIVILEGE AND IMMUNITY|Section 455K.5 - Required disclosure.

455K.5 Required disclosure.   1. A court or a presiding officer in an administrative hearing may require disclosure of a portion of an environmental audit report in a civil or administrative proceeding if the court or presiding officer affirmatively determines, after an in camera review, that any of the following exists:   a. The privilege is asserted for a fraudulent purpose.   b. The portion of the environmental audit report is not subject to the privilege under section 455K.6.   c. The portion of the environmental audit report shows evidence of noncompliance with a state or federal environmental or other law, rule, or permit condition and appropriate efforts to achieve compliance with the law or ordinance were not promptly initiated and pursued with reasonable diligence after discovery of noncompliance.   d. The portion of the environmental audit report shows clear and convincing evidence of substantial actual personal injury, which information is not otherwise available.   e. The portion of the environmental audit report shows a clear and present danger to the public health or the environment.   2. A party seeking disclosure under this section has the burden of proving that subsection 1 applies.   3. A decision of a presiding officer in an administrative hearing under subsection 1 may be directly appealed to the district court without disclosure of the environmental audit report to any person unless so ordered by the court.   4. A determination of a court under this section is subject to interlocutory appeal to an appropriate appellate court.   5. If a court finds that a person claiming privilege under this chapter intentionally claimed the privilege for material not privileged as provided in section 455K.6, the person is subject to a fine not to exceed one thousand dollars.   6. Privilege provided in this chapter does not apply if an owner or operator of the facility or operation has been found in a civil or administrative proceeding to have committed serious violations in this state that constitute a pattern of continuous or repeated violations of environmental laws, administrative rules, or permit conditions, that were due to separate and distinct events giving rise to the violations within the three-year period prior to the date of disclosure.  98 Acts, ch 1109, §5