Text: S03367 Text: S03369 Text: S03300 - S03399 Text: S Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend House File 472, as amended, passed and 1 2 reprinted by the House, as follows: 1 3 #1. Page 1, by striking lines 1 through 6, and 1 4 inserting the following: 1 5 "Section 1. Section 558.69, Code 1999, is amended 1 6 to read as follows: 1 7 558.69 REPORTING OF PRIVATE BURIAL SITES, WELLS, 1 8 DISPOSAL SITES, UNDERGROUND STORAGE TANKS, AND 1 9 HAZARDOUS WASTE LIABILITY. 1 10 With each declaration of value submitted to the 1 11 county recorder under chapter 428A, there shall also 1 12 be submitted a statement regarding whether any known 1 13 private burial site is situated on the property, and 1 14 if a known private burial site is situated on the 1 15 property, the statement shall state the approximate 1 16 location of the site. The statement shall also state 1 17 that no known wells are situated on the property, or 1 18 if known wells are situated on the property, the 1 19 statement must state the approximate location of each 1 20 known well and its status with respect to section 1 21 159.29 or 455B.190. The statement shall also state 1 22 that no known disposal site for solid waste, as 1 23 defined in section 455B.301, which has been deemed to 1 24 be potentially hazardous by the department of natural 1 25 resources, exists on the property, or if such a known 1 26 disposal site does exist, the location of the site on 1 27 the property. The statement shall additionally state 1 28 that no known underground storage tank, as defined in 1 29 section 455B.471, subsection 11, exists on the 1 30 property, or if a known underground storage tank does 1 31 exist, the type and size of the tank, and any known 1 32 substance in the tank. The statement shall also state 1 33 that no known hazardous waste as defined in section 1 34 455B.411, subsection 3, or listed by the department 1 35 pursuant to section 455B.412, subsection 2, or section 1 36 455B.464, exists on the property, or if known 1 37 hazardous waste does exist, that the waste is being 1 38 managed in accordance with rules adopted by the 1 39 department of natural resources. The statement shall 1 40 be signed by at least one of the sellers or their 1 41 agents. The county recorder shall refuse to record 1 42 any deed, instrument, or writing for which a 1 43 declaration of value is required under chapter 428A 1 44 unless the statement required by this section has been 1 45 submitted to the county recorder. A buyer of property 1 46 shall be provided with a copy of the statement 1 47 submitted, and, following the fulfillment of this 1 48 provision, if the statement submitted reveals no 1 49 private burial site, well, disposal site, underground 1 50 storage tank, or hazardous waste on the property, the 2 1 county recorder may destroy the statement. The land 2 2 application of sludges or soils resulting from the 2 3 remediation of underground storage tank releases 2 4 accomplished in compliance with department of natural 2 5 resources rules without a permit is not required to be 2 6 reported as the disposal of solid waste or hazardous 2 7 waste. 2 8 If a declaration of value is not required, the 2 9 above information shall be submitted on a separate 2 10 form. The director of the department of natural 2 11 resources shall prescribe the form of the statement 2 12 and the separate form to be supplied by each county 2 13 recorder in the state. The county recorder shall 2 14 transmit the statements to the department of natural 2 15 resources at times directed by the director of the 2 16 department. 2 17 The owner of the property is responsible for the 2 18 accuracy of the information submitted on the form. 2 19 The owner's agent shall not be liable for the accuracy 2 20 of information provided by the owner of the property. 2 21 The provisions of this paragraph do not limit 2 22 liability which may be imposed under a contract or 2 23 under any other law." 2 24 #2. Page 1, by striking lines 12 and 13, and 2 25 inserting the following: "person's ancestor on 2 26 property owned by another person,". 2 27 #3. Page 1, by striking lines 18 through 20, and 2 28 inserting the following: 2 29 "2. Pursuant to section 558.69, the declaration of 2 30 value submitted to the county recorder under chapter 2 31 428A shall also include the existence of any known 2 32 private burial site situated on the property." 2 33 2 34 2 35 2 36 ANDY McKEAN 2 37 MARK SHEARER 2 38 HF 472.202 78 2 39 pf/gg
Text: S03367 Text: S03369 Text: S03300 - S03399 Text: S Index Bills and Amendments: General Index Bill History: General Index
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