Text: SF00252 Text: SF00254 Text: SF00200 - SF00299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 558.69, Code 1999, is amended to read 1 2 as follows: 1 3 558.69 REPORTING OF WELLS, DISPOSAL SITES, UNDERGROUND 1 4 STORAGE TANKS, AND HAZARDOUS WASTE LIABILITY. 1 5With each declaration of value submitted to the county1 6recorder under chapter 428A, there shall also be submitted1 7 Prior to a real estate conveyance, a seller shall provide the 1 8 buyer with a statement that no known wells are situated on the 1 9 property, or if known wells are situated on the property, the 1 10 statement must state the approximate location of each known 1 11 well and its status with respect to section 159.29 or 1 12 455B.190. When a well exists on the property, the seller 1 13 shall provide a copy of the statement required under this 1 14 section to the county sanitarian. The statement shall also 1 15 state that no known disposal site for solid waste, as defined 1 16 in section 455B.301, which has been deemed to be potentially 1 17 hazardous by the department of natural resources, exists on 1 18 the property, or if such a known disposal site does exist, the 1 19 location of the site on the property. The statement shall 1 20 additionally state that no known underground storage tank, as 1 21 defined in section 455B.471, subsection 11, exists on the 1 22 property, or if a known underground storage tank does exist, 1 23 the type and size of the tank, and any known substance in the 1 24 tank. The statement shall also state that no known hazardous 1 25 waste as defined in section 455B.411, subsection 3, or listed 1 26 by the department pursuant to section 455B.412, subsection 2, 1 27 or section 455B.464, exists on the property, or if known 1 28 hazardous waste does exist,thatwhether the waste is being 1 29 managed in accordance with rules adopted by the department of 1 30 natural resources. The statement shall be signed by at least 1 31 one of the sellers or their agents.The county recorder shall1 32refuse to record any deed, instrument, or writing for which a1 33declaration of value is required under chapter 428A unless the1 34statement required by this section has been submitted to the1 35county recorder. A buyer of property shall be provided with a2 1copy of the statement submitted, and, following the2 2fulfillment of this provision, if the statement submitted2 3reveals no well, disposal site, underground storage tank, or2 4hazardous waste on the property, the county recorder may2 5destroy the statement.The land application of sludges or 2 6 soils resulting from the remediation of underground storage 2 7 tank releases accomplished in compliance with department of 2 8 natural resources rules without a permit is not required to be 2 9 reported as the disposal of solid waste or hazardous waste. 2 10If a declaration of value is not required, the above2 11information shall be submitted on a separate form. The2 12director of the department of natural resources shall2 13prescribe the form of the statement and the separate form to2 14be supplied by each county recorder in the state. The county2 15recorder shall transmit the statements to the department of2 16natural resources at times directed by the director of the2 17department.2 18 Theownerseller of the property is responsible for the 2 19 accuracy of the information submitted on the form. The 2 20owner'sseller's agent shall not be liable for the accuracy of 2 21 information provided by theownerseller of the property. The 2 22 provisions of this paragraph do not limit liability which may 2 23 be imposed under a contract or under any other law. 2 24 Sec. 2. EFFECTIVE DATE. This Act, being deemed of 2 25 immediate importance, takes effect upon enactment. 2 26 SF 253 2 27 tm/cf/24
Text: SF00252 Text: SF00254 Text: SF00200 - SF00299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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