§ 455B.472B — Cost recovery enforcement

Iowa § 455B.472B

• Jurisdiction: Iowa
• Title XI: NATURAL RESOURCES
• Ch. 455B: JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES

Text

1. Full recovery sought by department. The department may seek full recovery from an
owner, operator, or other potentially responsible party liable for a release that is the subject
of a corrective action for which moneys from the account are expended, or for which moneys
from the Iowa comprehensive petroleum underground storage tank fund created in section
455G.3, Code 2024, were expended, including for third-party liability and for all other costs.
§455B.472B, JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES 122
If federal cleanup moneys are recovered, the federal cleanup moneys shall be used solely for
the purpose of future cleanup activities.
2. Limitation of liability of owner or operator. Except as provided in subsection 3, the
department shall not seek recovery for expenses in connection with corrective action for
a release from an owner or operator eligible for assistance under the program, except for
any unpaid portion of the deductible or copayment. This subsection does not affect any
authorization of the department to impose or collect civil or administrative fines, penalties,
or fees. Moneys from the account shall not be used to pay for any third-party liability.
3. Owner or operator not in compliance. Notwithstanding subsection 2, the liability of
an owner or operator shall be the full and total costs of corrective action and bodily injury or
property damage to third parties, as specified in subsection 1, if the owner or operator has
not complied with the financial responsibility or other underground storage tank rules of the
department or with this part 8 of subchapter IV or rules adopted under this part.
4. Lien on tank site. Any amount for which an owner or operator is required to pay to
the account by statute, rule, contract, or determination of liability by the department after
hearing, if not paid when due, shall constitute a lien upon the real property where the tank
that was the subject of corrective action is located, and the payment shall be collected in the
same manner as the environmental protection charge pursuant to section 424.11, Code 2016.
5. Joinderofparties. Thedepartmenthasstandinginanycaseorcontestedactionrelated
totheaccountoratanktoassertanyclaimthatthedepartmentmayhaveregardingthetankat
issue in the case or contested action. Upon motion and sufficient showing by a party to a cost
recoveryorsubrogationactionprovidedforunderthissection, thecourtortheadministrative
law judge shall join to the action any potentially responsible party who may be liable for costs
and expenditures of the type recoverable pursuant to this section.
6. Third-party contracts. An insurance, indemnification, hold-harmless, conveyance, or
similar risk-sharing or risk-shifting agreement shall not be effective to transfer any liability
for costs recoverable under this section. The department may proceed directly against the
owner, operator, or other potentially responsible party. This subsection does not bar any
agreement to insure, hold harmless, or indemnify a party to the agreement for any costs
or expenditures under this part 8 of subchapter IV, and does not modify rights between
the parties to an agreement, except to the extent the agreement shifts liability to an owner
or operator eligible for assistance under the program for any damages or other costs in
connection with a corrective action for which another potentially responsible party is or may
be liable. Any such provision is void and of no further force and effect.
7. Later proceedings permitted against other parties. The entry of judgment against a
party to the action does not bar a future action by the department against another person
who is later alleged to be or discovered to be liable for costs and expenditures paid from
the account. Notwithstanding section 668.5, a potentially responsible party shall not seek
contribution or any other recovery from an owner or operator eligible for assistance under
the program for damages or other costs in connection with corrective action for a release
for which the potentially responsible party is or may be liable. Subsequent successful
proceedings against another party shall not modify or reduce the liability of a party against
whom judgment has been previously entered.
8. Claims against potentially responsible parties.
a. Uponpaymentfromtheaccountforcorrectiveactionorthird-partyliabilitypursuantto
thispart8ofsubchapterIV,therightsoftheclaimanttorecoverpaymentfromanypotentially
responsible party are assumed by the department to the extent paid from the account. A
claimant shall not receive double compensation for the same injury.
b. In an action brought pursuant to this part 8 of subchapter IV seeking damages for
corrective action or third-party liability, the court shall allow evidence and argument as to the
replacement or indemnification of actual economic losses incurred or to be incurred in the
future by the claimant by reason of insurance benefits, governmental benefits or programs,
or other sources.
c. A claimant may elect to authorize the department to pursue the claimant’s cause of
action for any injury not compensated from the fund against any potentially responsible
party, provided the attorney general determines such representation would not be a conflict
123 JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES, §455B.473
of interest. If a claimant so elects, the department’s litigation expenses shall be shared on a
pro rata basis with the claimant, but the claimant’s share of litigation expenses is payable
exclusively from any share of the settlement or judgment payable to the claimant.
9. Exclusion of punitive damages. Moneys from the account shall not be used to pay
punitive damages.