reglab/statecodes huggingface dataset:
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455H - LAND RECYCLING AND REMEDIATION STANDARDS › Section 455H.207 - Response action — permitting requirements.

455H.207 Response action — permitting requirements.
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 permit, license, plan approval, or other approval is required. The consolidated standards permit shall encompass all the substantive requirements applicable to those activities under any applicable federal or state statute, rule, or regulation and any agreements the director had entered into with the United States environmental protection agency under those statutes, rules, or regulations.
2. In addition to any other notice or hearing requirements of relevant chapters, at least ten days prior to issuing a permit under this section, the director shall publish a notice of the proposed permit which contains a general description of the activities to be conducted in the affected area under the permit. The notice shall be published in the official newspaper, as designated by the county board of supervisors pursuant to section 349.1, of the county in which the site is located. A person may submit written or oral comments on or objections to the permit. After considering the comments and objections, the director shall approve or deny the application for the consolidated standards permit.
3. A participant issued a consolidated standards permit under this section in connection with a particular activity is not required to obtain a permit, license, plan approval, or other approval from the department in connection with any activity under the applicable provisions of the Code or rules. A participant who obtains a consolidated standards permit for a particular activity is deemed to be in compliance with the requirement to obtain from the department a permit, license, plan approval, or other approval in connection with the activity under the applicable provisions of the Code or rules. A violation of the conditions of the consolidated standards permit shall be deemed to be a violation of the applicable statute, rule, or regulation under which approval of activities in connection with a response action would have been required and is subject to enforcement in the same manner and to the same extent as a violation of the applicable statute, rule, or regulation would have been.
97 Acts, ch 127, §14
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455K - ENVIRONMENTAL AUDIT PRIVILEGE AND IMMUNITY › Section 455K.6 - Materials not privileged.

455K.6 Materials not privileged.
1. The privilege described in this chapter does not apply to any of the following:
a. A document, communication, datum, report, or other information required by a regulatory agency to be collected, developed, retained, or reported under a state or federal environmental law, rule, or permit condition.
b. Information obtained by observation, sampling, or monitoring by a regulatory agency or a regulatory agency’s authorized designee.
c. Information obtained from a source not involved in the preparation of the environmental audit report.
2. This section does not limit the right of a person to agree to conduct an environmental audit and disclose an environmental audit report.
98 Acts, ch 1109, §6
Referred to in §455K.5, 455K.7