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.501
455H.501 Repealed by 99 Acts, ch 114, §54.
Section 455H.502
455H.502 Repealed by 99 Acts, ch 114, §54.
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 […]
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 […]
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 […]
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 […]