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558.69 Groundwater hazard statement — requirements — liability. 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 statementstating all of the following: a. 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 ofthe 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 statuswith 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 been deemed to be potentially hazardous by the department of natural resources, exists on theproperty, 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 11, exists on the property, or if a known underground storage tank does exist, the type andsize of the tank, and any known substance

derground 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 andsize 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 inaccordance 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 section455B.172, subsection 11, or that the property is not subject to inspection due to its exclusionfrom 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 storage tank releases accomplished in

dwater hazard statement, if required under this section, by the seller. 4. The land application of sludges or soils resulting from the remediation of underground storage tank releases accomplished in compliance with department of natural resources ruleswithout a permit is not required to be reported as the disposal of solid waste or hazardouswaste. 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 browserinterface provided through the county land record information system. The form and timingof 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 thegroundwater hazard statement shall not be liable for the accuracy of information providedby the owner of the property unless the owner’s agent

zard statement. The owner’s agent and the preparer of thegroundwater hazard statement shall not be liable for the accuracy of information providedby the owner of the property unless the owner’s agent or the preparer of the groundwaterhazard statement has direct knowledge contrary to the submitted statement. The provisionsof this subsection do not limit liability which may be imposed under a contract or under anyother 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 hazardstatement, any deed, instrument, or writing by which any real property in this state shall begranted, assigned, transferred, or otherwise conveyed shall include on the first page of thedeed, instrument, or writing the following statement: There is no known private burial site, well, solid waste disposal site, underground storage tank, hazardous waste, or privatesewage disposal system on the property as described in Iowa Code Sat Dec 23 11:05:53 2023 Iowa Code 2024, Section 558.69 (28, 0) §558.69, CONVEYANCES 2 section 558.69, and therefore the transaction is exempt from therequirement

e property as described in Iowa Code Sat Dec 23 11:05:53 2023 Iowa Code 2024, Section 558.69 (28, 0) §558.69, CONVEYANCES 2 section 558.69, and therefore the transaction is exempt from therequirement 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 thepreparer has direct knowledge contrary to the included statement. 9. a. If a required declaration of value is not accompanied by a groundwater hazard statement, if required under this section, or if the first page of the deed, instrument, or writingby which any real property in this state shall be granted, assigned, transferred, or otherwiseconveyed does not include the statement provided in subsection 8, paragraph 'a', if requiredunder 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.

e 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 groundwaterhazard statement. 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; 2010 Acts, ch 1120, §6; 2011 Acts, ch 9, §8; 2019 Acts, ch 89, §7; 2022Acts, ch 1028, §1 – 4 Referred to in §331.606B Sat Dec 23 11:05:53 2023 Iowa Code 2024, Section 558.69 (28, 0)