§ 455H.305 — Participation not deemed an admission of liability

Iowa § 455H.305

• Jurisdiction: Iowa
• Title XI: NATURAL RESOURCES
• Ch. 455H: LAND RECYCLING AND REMEDIATION STANDARDS

Text

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 civil liability under the Code or common law of this state.
2. The fact that a person has become a participant in a response action under this chapter
is not admissible in any civil, criminal, or administrative proceeding initiated or brought
under any law of this state other than to enforce this chapter.
3. All information, documents, reports, data produced, and any sample collected as a
result of enrolling any property under this chapter are not admissible against the person
undertaking the response action, and are not discoverable in any civil or administrative
proceeding against the participant undertaking the response action except in a judicial or
administrative proceeding initiated to enforce this chapter in connection with an alleged
violation thereof. This prohibition against admissibility does not apply to any person whose
covenant not to sue has been revoked under this chapter.
4. Enrolling a site pursuant to this chapter or participating in a response action shall not
be construed to be an acknowledgment that the conditions at the affected area identified and
addressed by the response action constitute a threat or danger to public health or safety or
the environment.