US Lawyer Database

Section 455H.509 – Removal of a site from the registry listing.

455H.509 Removal of a site from the registry listing. An enrolled site listed on the registry of confirmed hazardous waste or hazardous substance disposal sites, established pursuant to section 455B.426, which has completed a response action as to the conditions which led to its original listing on the registry, shall be removed from the registry […]

Section 455H.304 – Limitation of liability.

455H.304 Limitation of liability. 1. As used in this section, unless the context requires otherwise: a. “Environmental claim” means a civil action for damages for environmental harm and includes a civil action under this chapter for recovery of the costs of conducting a response action, but does not include a civil action for damages for […]

Section 455H.510 – Relationship to federal programs.

455H.510 Relationship to federal programs. The provisions of this chapter shall not prevent the department from enforcing both specific numerical cleanup standards and monitoring of compliance requirements specifically required to be enforced by the federal government as a condition of the receipt of program authorization, delegation, primacy, or federal funds. 97 Acts, ch 127, §34

Section 455H.305 – Participation not deemed an admission of liability.

455H.305 Participation not deemed an admission of liability. 1. Enrolling a site pursuant to this chapter or participating in a response action does not constitute an admission of liability under the statutes of this state, the rules adopted pursuant to the statutes, or the ordinances and resolutions of a political subdivision, or an admission of […]

Section 455H.511 – Federal stringency.

455H.511 Federal stringency. Any rules or standards established pursuant to this chapter shall be no more stringent than those required under any comparable federal law or regulation. 97 Acts, ch 127, §35

Section 455H.306 – Liability protections.

455H.306 Liability protections. The protections from liability afforded under this chapter shall be in addition to the exclusions to any liability protections afforded participants under any other provision of the Code. 97 Acts, ch 127, §20

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 […]