§ 558.69 — Groundwater hazard statement — requirements — liability

Iowa § 558.69

• Jurisdiction: Iowa
• Title XIV: PROPERTY
• Ch. 558: CONVEYANCES

Text

1. With each declaration of value submitted to the county recorder under chapter 428A,
except as specified in subsection 8, there shall be submitted a groundwater hazard statement
stating all of the following:
a. Whetheranyknownprivateburialsiteissituatedontheproperty,andifaknownprivate
burial site is situated on the property, the statement shall state the approximate location of
the site.
b. That no known wells are situated on the property, or if known wells are situated on the
property, the statement must state the approximate location of each known well and its status
with respect to section 455B.190 or 460.302.
c. That no known disposal site for solid waste, as defined in section 455B.301, which has
beendeemedtobepotentiallyhazardousbythedepartmentofnaturalresources,existsonthe
property, or if such a known disposal site does exist, the location of the site on the property.
d. That no known underground storage tank, as defined in section 455B.471, subsection
17, exists on the property, or if a known underground storage tank does exist, the type and
size of the tank, and any known substance in the tank.
e. That no known hazardous waste as defined in section 455B.411, subsection 3, exists
on the property, or if known hazardous waste does exist, that the waste is being managed in
accordance with rules adopted by the department of natural resources.
f. That no known private sewage disposal system exists on the property or, if such private
sewage disposal system exists, that the system has been inspected pursuant to section
455B.172, subsection 11, or that the property is not subject to inspection due to its exclusion
from a regulated transfer pursuant to section 455B.172, subsection 11, paragraph “a”.

2. The groundwater hazard statement shall be signed by at least one of the sellers or their
agents.
3. A buyer of property shall be provided with a copy of the submitted groundwater hazard
statement, if required under this section, by the seller.
4. The land application of sludges or soils resulting from the remediation of underground
storagetankreleasesaccomplishedincompliancewithdepartmentofnaturalresourcesrules
without a permit is not required to be reported as the disposal of solid waste or hazardous
waste.
5. The director of the department of natural resources shall prescribe the form of the
groundwater hazard statement.
6. The county recorder shall transmit the groundwater hazard statements to the
department of natural resources. Groundwater hazard statements may be transmitted
electronically to the department or may be presented to the department through a browser
interface provided through the county land record information system. The form and timing
of the transmittal shall be determined by the department and the county recorders.
7. The owner of the property is responsible for the accuracy of the information
submitted on the groundwater hazard statement. The owner’s agent and the preparer of the
groundwater hazard statement shall not be liable for the accuracy of information provided
by the owner of the property unless the owner’s agent or the preparer of the groundwater
hazard statement has direct knowledge contrary to the submitted statement. The provisions
of this subsection do not limit liability which may be imposed under a contract or under any
other law.
8. a. If there are no conditions present, as described in subsection 1, then a groundwater
hazard statement shall not be submitted. In lieu of the submission of a groundwater hazard
statement, any deed, instrument, or writing by which any real property in this state shall be
granted, assigned, transferred, or otherwise conveyed shall include on the first page of the
deed, instrument, or writing the following statement:
There is no known private burial site, well, solid waste disposal
site, underground storage tank, hazardous waste, or private
sewage disposal system on the property as described in Iowa Code
section 558.69, and therefore the transaction is exempt from the
requirement to submit a groundwater hazard statement.
b. The owner of the property is responsible for the accuracy of the statement provided in
paragraph “a”.
c. The owner’s agent and the preparer of a statement included pursuant to paragraph “a”
shall not be liable for information pertaining to the statement unless the owner’s agent or the
preparer has direct knowledge contrary to the included statement.
9. a. If a required declaration of value is not accompanied by a groundwater hazard
statement, ifrequiredunderthissection, orifthefirstpageofthedeed, instrument, orwriting
by which any real property in this state shall be granted, assigned, transferred, or otherwise
conveyed does not include the statement provided in subsection 8, paragraph “a”, if required
under this section, the county recorder shall refuse to record the deed, instrument, or writing.
b. A recording in violation of this subsection shall not be the basis for invalidating the
deed, instrument, or writing.
10. Notwithstanding section 331.604 or any other provision of law to the contrary, the
county recorder shall not charge or collect a fee for the submission or filing of a groundwater
hazard statement.