The Hazardous Substance Remedial Fund and Sites Registry fulfill obligations under Sections 455B.424, 455B.426 and 455B.427 of the Code of Iowa. These sections require a full accounting to the Legislature and the Governor regarding the Hazardous Substance Remedial Fund and a report regarding sites listed on the Registry of Hazardous Waste Disposal Sites each January. The web site is updated as new information becomes available throughout the year. This report and reports for prior years are available on CD by request from Matt Culp at 515-725-8337 or Matt.Culp@dnr.iowa.gov.
Changes to the Registry of hazardous waste or hazardous substance disposal sites.
The Iowa Legislature has adopted the following provisions, effective July 1, 2011
Sec. 5. Section 455B.426, Code 2011, is amended by adding the following new subsections:
NEW SUBSECTION 3
. Beginning July 1, 2011, a new site shall not be placed on the registry of confirmed hazardous waste or hazardous substance disposal sites.
NEW SUBSECTION 4
. A site placed on the registry of confirmed hazardous waste or hazardous substance disposal sites prior to July 1, 2011, shall be removed upon the execution of a uniform environmental covenant pursuant to the provisions of chapter 455I relating to the contaminated portions of the property listed on the registry. A site may also be removed from the registry pursuant to section 455B.427, subsection 4. More information can be found on our Environmental Covenants
NEW SUBSECTION 5
. If no sites remain listed on the registry of confirmed hazardous waste or hazardous substance disposal sites, the department shall recommend to the general assembly the repeal of this section and sections 455B.427 through 455B.432.
The purpose of these amendments is to transition the state to the use of uniform environmental covenants for the management of hazardous waste disposal sites in Iowa. Iowa Code Chapter 455I, the Uniform Environmental Covenants Act, was adopted in 2005 and provides a mechanism for the protection of human health and the environment from harms arising from hazardous waste or hazardous substance disposal sites. New sites have not been added to the Registry since 1995. These amendments provide for a process to allow for the removal of the remaining sites from the Registry either through remediation or the establishment of an environmental covenant.
Restriction on the Sale and Change in Use of Property
When a site is listed on the registry, a notice of listing is recorded in the county recorders office and becomes part of the chain of title. Iowa Code section 455B.430 prohibits (1) any "substantial change" in the use of the property without prior written approval by the director of the IDNR; and (2) any sale, conveyance or transfer of title to the property without the director's prior approval. Property owners should submit a written request for approval to the director of the IDNR explaining the planned change in use or the proposed sale of the property. The director is required to respond within thirty days. Property owners may appeal an adverse decision of the director and request an administrative hearing. See Iowa Code section 455B.430(3).
If the director has reason to believe there has been a substantial change in use or sale without prior approval, he may file an action in Iowa District Court to enjoin the activity and assess a penalty up to $1,000 per day of violation.
Registry of Hazardous Waste Disposal Sites
The department maintains an assessment file for each site listed in the Registry. These files are located in the Central Records Section of the IDNR Des Moines office. Individual site records may also be accessed through the contaminated sites database. For most sites, these files contain the results of comprehensive site investigations. The site information package contains a detailed review of the site and is used as the basis for listing and classifying the sites in the Registry. However, not all the known hazardous waste or contaminated sites that exist in the state are listed on the Registry. Contact Matt Culp at 515-725-8337 or Matt.Culp@dnr.iowa.gov for further information regarding specific locations or sites.
All sites listed on the Registry are classified according to the relative priority listing for remedial action at the site. During the initial listing, the site must be placed in one of the first four classifications ("a", "b", "c", or "d"). While a site is listed on the Registry, its classification can be changed because of site cleanup activities or because of new information about the site. The five classification categories are specified in Section 455B.427.3 of the Code of Iowa.