558.69  REPORTING OF PRIVATE BURIAL SITES, WELLS,
      DISPOSAL SITES, UNDERGROUND STORAGE TANKS, AND HAZARDOUS WASTE --
      LIABILITY.
         With each declaration of value submitted to the county recorder
      under chapter 428A, there shall also be submitted a statement
      regarding whether any known private burial site is situated on the
      property, and if a known private burial site is situated on the
      property, the statement shall state the approximate location of the
      site.  The statement shall also state 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.  The statement shall also state that no known disposal site
      for solid waste, as defined in section 455B.301, which has been
      deemed to be potentially hazardous by the department of natural
      resources, exists on the property, or if such a known disposal site
      does exist, the location of the site on the property.  The statement
      shall additionally state that no known underground storage tank, as
      defined in section 455B.471, subsection 11, 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.  The statement
      shall also state that no known hazardous waste as defined in section
      455B.411, subsection 3, or listed by the department pursuant to
      section 455B.412, subsection 1, 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.
      The statement shall be signed by at least one of the sellers or their
      agents.  The county recorder shall refuse to record any deed,
      instrument, or writing for which a declaration of value is required
      under chapter 428A unless the statement required by this section has
      been submitted to the county recorder.  A buyer of property shall be
      provided with a copy of the statement submitted, and, following the
      fulfillment of this provision, if the statement submitted reveals no
      private burial site, well, disposal site, underground storage tank,
      or hazardous waste on the property, the county recorder may destroy
      the statement.  The land application of sludges or soils resulting
      from the remediation of underground storage tank releases
      accomplished in compliance with department of natural resources rules
      without a permit is not required to be reported as the disposal of
      solid waste or hazardous waste.
         If a declaration of value is not required, the above information
      shall be submitted on a separate form.  The director of the
      department of natural resources shall prescribe the form of the
      statement and the separate form to be supplied by each county
      recorder in the state.  The county recorder shall transmit the
      statements to the department of natural resources at times directed
      by the director of the department.
         The owner of the property is responsible for the accuracy of the
      information submitted on the form.  The owner's agent shall not be
      liable for the accuracy of information provided by the owner of the
      property.  The provisions of this paragraph do not limit liability
      which may be imposed under a contract or under any other law.  

         Section History: Recent Form

         87 Acts, ch 225, §307; 88 Acts, ch 1169, §16, 17; 90 Acts, ch
      1235, § 42; 99 Acts, ch 140, §1; 2006 Acts, ch 1014, §9