reglab/housing_qa huggingface dataset:
IA Code § 455H.208 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455H - LAND RECYCLING AND REMEDIATION STANDARDS|Section 455H.208 - Public participation.

455H.208 Public participation.   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 all adjacent property owners, occupants of adjacent property, and the city or county in which the property is located of a site’s enrollment in the land recycling program and of the scope of work described in the participation agreement, and give the notified parties the opportunity to obtain updates regarding the status of activities relating to the enrolled site in the land recycling program. The notification shall not be required before the participant has had the opportunity to collect basic information characterizing the nature and extent of the contamination, but the notification shall be required in a timely manner allowing appropriate parties to have input in the formulation of the response action. If contaminants from the enrolled site have migrated off the enrolled site or are likely to migrate off the enrolled site, as determined by the department, the department shall notify by direct mailing all potentially affected parties, including the city or county in which the potentially affected property is located, and officials in charge of any potentially impacted public water supply and the notified parties shall be given opportunity to comment on proposed response actions. The department may require the participant of an enrolled site to publish public notice in a local newspaper if widespread interest in the site exists or is likely to exist as determined by the department. The department shall consider reasonable comments from potentially affected parties in determining whether to approve or disapprove a proposed response action or site closure.  2002 Acts, ch 1091, §3; 2003 Acts, ch 108, §78
IA Code § 455H.301 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455H - LAND RECYCLING AND REMEDIATION STANDARDS|Section 455H.301 - No further action letters.

455H.301 No further action letters.   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 action letter shall state that the participant and any protected party are not required to take any further action at the site related to any hazardous substance for which compliance with applicable standards is demonstrated by the participant in accordance with applicable standards, except for continuing requirements specified in the no further action letter. If the participant was a person having control over a hazardous substance, as that phrase is defined in section 455B.381, at the time of the release, a no further action letter may provide that a further response action may be required, where appropriate, to protect against an imminent and substantial threat to public health, safety, and welfare. A protected party who was a person having control over a hazardous substance, as that phrase is defined in section 455B.381, at the time of the release, may be required by the department to conduct a further response action, where appropriate, to protect against an imminent and substantial threat to public health, safety, and welfare.   b. If a person transfers property to an affiliate in order for that person or the affiliate to obtain a benefit to which the transferor would not otherwise be eligible under this chapter or to avoid an obligation under this chapter, the affiliate shall be subject to the same obligations and obtain the same level of benefits as those available to the transferor under this chapter.   c. A no further action letter shall be void if the department demonstrates by clear, satisfactory, and convincing evidence that any approval under this chapter was obtained by fraud or material misrepresentation, knowing failure to disclose material information, or false certification to the department.   3. The department shall provide, upon request, a no further action letter as to the affected area to each protected party.   4. The department shall condition the no further action letter upon compliance with any institutional or technological controls relied upon by the participant to demonstrate compliance with the applicable standards.   5. A no further action letter shall be in a form recordable in county real estate records as provided in chapter 558.  97 Acts, ch 127, §15; 2011 Acts, ch 25, §143  Referred to in §455H.107, 455H.206, 455H.302, 455H.303, 455H.503, 455H.509
IA Code § 455H.302 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455H - LAND RECYCLING AND REMEDIATION STANDARDS|Section 455H.302 - Covenants not to sue.

455H.302 Covenants not to sue.   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 environmental programs, to perform additional environmental assessment, remedial activity, or response action with regard to the release of a hazardous substance for which the participant and each protected party has complied with the requirements of this chapter.  97 Acts, ch 127, §16
IA Code § 455H.303 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455H - LAND RECYCLING AND REMEDIATION STANDARDS|Section 455H.303 - Cessation of statutory liability.

455H.303 Cessation of statutory liability.   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 tanks, or under chapters 455D and 455E to the state or to any other person as to any condition at the affected area with regard to hazardous substances for which compliance with applicable standards was demonstrated by the participant in accordance with this chapter and for which the department has provided a certificate of completion.  97 Acts, ch 127, §17
IA Code § 455H.305 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455H - LAND RECYCLING AND REMEDIATION STANDARDS|Section 455H.305 - Participation not deemed an admission of liability.

455H.305 Participation not deemed an admission of liability.   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 admission of civil liability under the Code or common law of this state.   2. The fact that a person has become a participant in a response action under this chapter is not admissible in any civil, criminal, or administrative proceeding initiated or brought under any law of this state other than to enforce this chapter.   3. All information, documents, reports, data produced, and any sample collected as a result of enrolling any property under this chapter are not admissible against the person undertaking the response action, and are not discoverable in any civil or administrative proceeding against the participant undertaking the response action except in a judicial or administrative proceeding initiated to enforce this chapter in connection with an alleged violation thereof. This prohibition against admissibility does not apply to any person whose covenant not to sue has been revoked under this chapter.   4. Enrolling a site pursuant to this chapter or participating in a response action shall not be construed to be an acknowledgment that the conditions at the affected area identified and addressed by the response action constitute a threat or danger to public health or safety or the environment.  97 Acts, ch 127, §19
IA Code § 455H.306 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455H - LAND RECYCLING AND REMEDIATION STANDARDS|Section 455H.306 - Liability protections.

455H.306 Liability protections.   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
IA Code § 455H.307 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455H - LAND RECYCLING AND REMEDIATION STANDARDS|Section 455H.307 - Liability — new release — condition outside affected area.

455H.307 Liability — new release — condition outside affected area.   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 cleanup plan and no further action letter.  97 Acts, ch 127, §21
IA Code § 455H.308 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455H - LAND RECYCLING AND REMEDIATION STANDARDS|Section 455H.308 - Relationship to federal law.

455H.308 Relationship to federal law.   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 construed as precluding any agreement with a federal agency by which it agrees to provide liability protection based on participation and completion of a cleanup plan under this chapter.  97 Acts, ch 127, §22
IA Code § 455H.309 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455H - LAND RECYCLING AND REMEDIATION STANDARDS|Section 455H.309 - Incremental property taxes.

455H.309 Incremental property taxes.   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 incremental property taxes over a six-year period. A city or county which implements the option provided for under this section shall provide that taxes levied on property enrolled in the land recycling program under this chapter each year by or for the benefit of the state, city, county, school district, or other taxing district shall be divided as provided in section 403.19, subsections 1 and 2, in the same manner as if the enrolled property was taxable property in an urban renewal project. Incremental property taxes collected under this section shall be placed in a special fund of the city or county. A participant shall be reimbursed with moneys from the special fund for costs associated with carrying out a response action in accordance with rules adopted by the commission. Beginning in the fourth of the six years of collecting incremental property taxes, the city or county shall begin decreasing by twenty-five percent each year the amount of incremental property taxes computed under this section.  97 Acts, ch 127, §23
IA Code § 455H.401 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455H - LAND RECYCLING AND REMEDIATION STANDARDS|Section 455H.401 - Land recycling fund.

455H.401 Land recycling fund.   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 land recycling fund at the end of each fiscal year shall be retained in the fund, notwithstanding section 8.33.   2. The commission may use the land recycling fund to provide for all of the following:   a. Financial assistance to political subdivisions of the state for activities related to an enrolled site.   b. Financial assistance and incentives for qualifying enrolled sites.   c. Funding for any other purpose consistent with this chapter and deemed appropriate by the commission.  97 Acts, ch 127, §24  Referred to in §455H.105
IA Code § 455H.503 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455H - LAND RECYCLING AND REMEDIATION STANDARDS|Section 455H.503 - Recordkeeping requirements.

455H.503 Recordkeeping requirements.   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 with applicable standards. The records pertaining to those sites shall indicate the applicable use restrictions.  97 Acts, ch 127, §27
IA Code § 455H.504 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455H - LAND RECYCLING AND REMEDIATION STANDARDS|Section 455H.504 - Transferability of participation benefits.

455H.504 Transferability of participation benefits.   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 conjunction with the acquisition of title to the enrolled site to which the document applies.  97 Acts, ch 127, §28
IA Code § 455H.505 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455H - LAND RECYCLING AND REMEDIATION STANDARDS|Section 455H.505 - Emergency response.

455H.505 Emergency response.   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 response action taken by the participant shall comply with the provisions of this chapter and the participant shall not be prejudiced by the mitigation measures undertaken to that point.  97 Acts, ch 127, §29
IA Code § 455H.506 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455H - LAND RECYCLING AND REMEDIATION STANDARDS|Section 455H.506 - Interim response.

455H.506 Interim response.   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 enrolling a property in the land recycling program. The effects of any interim mitigation measure shall be taken into account in the department’s evaluation of the participant’s compliance with applicable standards.  97 Acts, ch 127, §30
IA Code § 455H.507 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455H - LAND RECYCLING AND REMEDIATION STANDARDS|Section 455H.507 - Transition from existing programs.

455H.507 Transition from existing programs.   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 1, 1997, the person carrying out the action shall elect within ninety days following the final adoption of rules implementing this chapter to either continue to proceed in accordance with the laws and rules in effect prior to July 1, 1997, or to proceed pursuant to this chapter.  97 Acts, ch 127, §31
IA Code § 455H.508 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455H - LAND RECYCLING AND REMEDIATION STANDARDS|Section 455H.508 - Participant protection.

455H.508 Participant protection.   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 action. This protection is contingent on the participant proceeding on a due and timely basis to carry out the response action.  97 Acts, ch 127, §32
IA Code § 455H.509 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455H - LAND RECYCLING AND REMEDIATION STANDARDS|Section 455H.509 - Removal of a site from the registry listing.

455H.509 Removal of a site from the registry listing.   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 from the registry listing, once a letter of no further action has been issued pursuant to section 455H.301.  97 Acts, ch 127, §33
IA Code § 455H.510 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455H - LAND RECYCLING AND REMEDIATION STANDARDS|Section 455H.510 - Relationship to federal programs.

455H.510 Relationship to federal programs.   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, delegation, primacy, or federal funds.  97 Acts, ch 127, §34
IA Code § 455H.511 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455H - LAND RECYCLING AND REMEDIATION STANDARDS|Section 455H.511 - Federal stringency.

455H.511 Federal stringency.   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
IA Code § 455I.1 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455I - UNIFORM ENVIRONMENTAL COVENANTS ACT|Section 455I.1 - Title.

455I.1 Title.   This chapter shall be known and cited as the “Uniform Environmental Covenants Act”.  2005 Acts, ch 102, §5
IA Code § 455I.3 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455I - UNIFORM ENVIRONMENTAL COVENANTS ACT|Section 455I.3 - Nature of rights — subordination of interests.

455I.3 Nature of rights — subordination of interests.   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. A right of an agency under this chapter or under an environmental covenant, other than a right as a holder, is not an interest in real property.   3. An agency is bound by any obligation it assumes in an environmental covenant, but an agency does not assume obligations merely by signing an environmental covenant. Any other person that signs an environmental covenant is bound by the obligations the person assumes in the environmental covenant, but signing the environmental covenant does not change obligations, rights, or protections granted or imposed under law or administrative action other than this chapter except as provided in the environmental covenant.   4. The following rules apply to interests in real property in existence at the time an environmental covenant is created or amended:   a. An interest that has priority under other law is not affected by an environmental covenant unless the person that owns the interest subordinates that interest to the environmental covenant.   b. This chapter does not require a person that owns a prior interest to subordinate that interest to an environmental covenant or to agree to be bound by the environmental covenant.   c. A subordination agreement may be contained in an environmental covenant covering real property or in a separate record. If the environmental covenant covers commonly owned property in a common interest community, the covenant or record may be signed by any person authorized by the governing board of the owners’ association.   d. An agreement by a person to subordinate a prior interest to an environmental covenant affects the priority of that person’s interest but does not by itself impose any affirmative obligation on the person with respect to the environmental covenant.  2005 Acts, ch 102, §7  Referred to in §455I.2
IA Code § 455I.4 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455I - UNIFORM ENVIRONMENTAL COVENANTS ACT|Section 455I.4 - Contents of environmental covenant.

455I.4 Contents of environmental covenant.   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 the activity and use limitations on the real property.   d. The identity of every holder and grantor.   e. A signature by the grantor, the agency, every holder, and, unless waived by the agency, every owner in fee simple of the real property subject to the environmental covenant.   f. Identification of the name and location of any final agency action decision documents for the environmental response project reflected in the environmental covenant.   g. The rights of access to the real property granted in connection with implementation or enforcement of the environmental covenant.   2. In addition to the information required in this section, an environmental covenant may contain other information, restrictions, and requirements agreed to by the persons who sign the environmental covenant, including any of the following:   a. Requirements for periodic reporting describing compliance with the environmental covenant.   b. Requirements for notice to an agency following transfer of a specified interest in, or concerning proposed changes in use of, applications for building permits for, or proposals for any site work affecting the contamination on, the real property subject to the environmental covenant.   c. A brief narrative description of the contamination and remedy, including the contaminants of concern, the pathways of exposure, limits on exposure, and the location and extent of the contamination.   d. Limitations on amendment or termination of the environmental covenant in addition to those contained in sections 455I.9 and 455I.10.   e. Rights of the holder in addition to the holder’s right to enforce the environmental covenant pursuant to section 455I.11.   3. In addition to other conditions for its approval of an environmental covenant authorized by law, an agency may require those persons specified by the agency who have interests in the real property to sign the environmental covenant.  2005 Acts, ch 102, §8