House Journal: Page 1456: Tuesday, April 20, 1999

32   substance in the tank.  The statement shall also state

33   that no known hazardous waste as defined in section
34   455B.411, subsection 3, or listed by the department
35   pursuant to section 455B.412, subsection 2, or section
36   455B.464, exists on the property, or if known
37   hazardous waste does exist, that the waste is being
38   managed in accordance with rules adopted by the
39   department of natural resources.  The statement shall
40   be signed by at least one of the sellers or their
41   agents.  The county recorder shall refuse to record
42   any deed, instrument, or writing for which a
43   declaration of value is required under chapter 428A
44   unless the statement required by this section has been
45   submitted to the county recorder.  A buyer of property
46   shall be provided with a copy of the statement
47   submitted, and, following the fulfillment of this
48   provision, if the statement submitted reveals no
49   private burial site, well, disposal site, underground
50   storage tank, or hazardous waste on the property, the
Page 2  
 1   county recorder may destroy the statement.  The land
 2   application of sludges or soils resulting from the
 3   remediation of underground storage tank releases
 4   accomplished in compliance with department of natural
 5   resources rules without a permit is not required to be
 6   reported as the disposal of solid waste or hazardous
 7   waste.
 8     If a declaration of value is not required, the
 9   above information shall be submitted on a separate
10   form.  The director of the department of natural
11   resources shall prescribe the form of the statement
12   and the separate form to be supplied by each county
13   recorder in the state.  The county recorder shall
14   transmit the statements to the department of natural
15   resources at times directed by the director of the
16   department.
17     The owner of the property is responsible for the
18   accuracy of the information submitted on the form.
19   The owner's agent shall not be liable for the accuracy
20   of information provided by the owner of the property.
21   The provisions of this paragraph do not limit
22   liability which may be imposed under a contract or
23   under any other law."
24     2.  Page 1, by striking lines 12 and 13, and
25   inserting the following:  "person's ancestor on
26   property owned by another person,".
27     3.  Page 1, by striking lines 18 through 20, and
28   inserting the following:
29     "2.  Pursuant to section 558.69, the declaration of
30   value submitted to the county recorder under chapter

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URL: /DOCS/GA/78GA/Session.1/HJournal/01400/01456.html
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