US Lawyer Database

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]