ARC 8648C - Iowa Administrative Rules

Notice of Intended Action

Groundwater hazard documentation, ch 9

Untitled document

ARC 8648C

NATURAL RESOURCES DEPARTMENT[561]

Notice of Intended Action

Proposing rulemaking related to groundwater hazard documentation
and providing an opportunity for public comment

The Department of Natural Resources (Department) hereby proposes to rescind Chapter 9, “Groundwater Hazard Documentation,” Iowa Administrative Code, and to adopt a new chapter with the same title.

Legal Authority for Rulemaking

This rulemaking is proposed under the authority provided in Iowa Code sections 455B.103(2), 455B.105(3), 558.69(5), and 558.69(6).

State or Federal Law Implemented

This rulemaking implements, in whole or in part, Iowa Code section 558.69.

Purpose and Summary

Proposed Chapter 9 benefits the public by standardizing the process by which groundwater hazard statements are completed, submitted to county recorders for recording, and transmitted to the Department. This process provides clarity and consistency for county recorders, real estate professionals, and members of the public. This chapter has been reviewed consistent with Executive Order 10. The new chapter omits unnecessary and redundant language.

Regulatory Analysis

A Regulatory Analysis for this rulemaking was published in the Iowa Administrative Bulletin on September 4, 2024. A public hearing was held on the following date(s):

●September 25, 2024

Fiscal Impact

This rulemaking has no fiscal impact to the State of Iowa.

Jobs Impact

After analysis and review of this rulemaking, no impact on jobs has been found.

Waivers

Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 561—Chapter 10.

Public Comment

Any interested person may submit comments concerning this proposed rulemaking, which must be received by the Department no later than 4:30 p.m. on February 7, 2025. Comments should be directed to:

Bradley Adams
Iowa Department of Natural Resources
6200 Park Avenue, Suite 200
Des Moines, Iowa 50321
Email: bradley.adams@dnr.iowa.gov

Free Language Access. If you speak a non-English language, we offer you language assistance services free of charge. Contact the Department atbradley.adams@dnr.iowa.gov.

Servicios gratuitos de asistencia lingüística. Si habla un idioma que no sea el inglés, los servicios de asistencia lingüística están disponibles de forma gratuita. Comuníquese con el Departamento al bradley.adams@dnr.iowa.gov.

Public Hearing

Public hearings at which persons may present their views orally will be held as follows:

January 30, 2025 12 noon	Virtual Meeting A meeting registration link will be provided prior to the hearing
January 31, 2025 12 noon	Virtual Meeting A meeting registration link will be provided prior to the hearing

A link for the virtual meeting will be provided to those who make a request to take part in the virtual hearing. The request for the link shall be submitted to Mr. Adams by 8:00 a.m. on January 30, 2025.

Persons who wish to make oral comments at a public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.

Any persons who intend to attend a hearing and have special requirements, such as those related to hearing impairments, should contact the Department and advise of specific needs.

Free Language Assistance: if you need assistance in a language other than English, contact the Department at bradley.adams@dnr.iowa.gov or civilrights@dnr.iowa.gov or by telephone at 515.664.8894 at least seven days before the event.

Servicios gratuitos de asistencia lingüística: si necesita ayuda en un idioma que no sea inglés, comuníquese con el Departamento al bradley.adams@dnr.iowa.gov o civilrights@dnr.iowa.gov o por teléfono a 515.664.8894 al menos siete días antes del evento.

Review by Administrative Rules Review Committee

The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).

The following rulemaking action is proposed:

ITEM 1.Rescind 561—Chapter 9 and adopt the following new chapter in lieu thereof:

CHAPTER 9

GROUNDWATER HAZARD DOCUMENTATION

561—9.1(558) Authority, purpose and application.

9.1(1) Authority. Iowa Code section 558.69 directs the department to adopt rules regarding a statement to be submitted to county recorders when they record instruments transferring real property. The statement must disclose the existence and location of wells, disposal sites, underground storage tanks, and hazardous wastes on the property.

9.1(2) Purpose. These rules provide the necessary forms, instructions, and explanation of this requirement. The statute’s purpose is to give real property transferees notice of the condition of any wells, disposal sites, underground storage tanks, hazardous waste disposal, and private burial sites existing on the real estate.

9.1(3) Applicability. These rules apply to all persons, corporations, and other legal entities who are transferors or transferees of real property within the state of Iowa and all county recorders who are called upon to record instruments transferring real property in Iowa.

9.1(4) When groundwater hazard statement is required. A groundwater hazard statement shall be presented to the county recorder along with the real estate transaction documents only when required by Iowa Code section 558.69 or when otherwise required by Iowa law.

561—9.2(558) Form.

9.2(1) The department adopts by reference Form 542-0960, “Groundwater Hazard Statement” (February 1, 2023), which may be obtained from the department or local county recorders.

a.When a groundwater hazard statement is required pursuant to 9.1(4), the transferor or the transferor’s agent or attorney shall complete and present Form 542-0960. The transferor’s agent or attorney may sign the form on behalf of the transferor, but in doing so the agent or attorney represents that the transferor made a good-faith effort to accurately provide the information requested by the form.

b.For real estate transactions where a groundwater hazard statement is required pursuant to 9.1(4) and where the real estate transaction is dated after February 1, 2023, county recorders shall only accept the currently adopted form. Any person may reproduce Form 542-0960 through photocopying or electronic means so long as the general format and wording are not altered.

9.2(2) The form shall be submitted to the county recorder, in the manner prescribed by the recorder, at the time required by 9.1(4).

9.2(3) County recorders shall return or present the statement with the recorded instrument when the instrument is returned or presented to the transferee or the transferee’s designee.

9.2(4) When a county recorder accepts a groundwater hazard statement for recording, the county recorder shall transmit the groundwater hazard statement to the department through one of the following methods:

a.Pursuant to a written agreement between the department and the custodian of the county land record information system, recorded groundwater hazard statement forms shall be presented to the department via a browser interface provided through the county land record information system for the duration of such an agreement. Any agreement shall include but not be limited to terms requiring each form to be posted on the system within 15 days of recording, and that each form remain on the system for at least five years.

b.In the absence of such an agreement, or if the county land record information system is inoperable, a county recorder shall submit a digital copy of each recorded groundwater hazard statement to the department via email within 15 days of its recording. All emails shall be directed to the department’s records division. The department shall retain custody of such forms for at least five years.

9.2(5) Nothing in these rules shall be construed as requiring any party to submit to the department the first page of any document that transfers a property on which no conditions are present.

These rules are intended to implement Iowa Code section 558.69.