Effective 01 Jan 2008, see footnote
260.1033. Activity and use information system to be established, purpose — categories of sites — recording of amendments or termination, procedure, form. — 1. The department shall establish an activity and use limitation information system and ensure that it is maintained, that provides readily accessible information on sites with known contamination, and records the creation, amendment, and termination of covenants. The activity and use limitation information system shall distinguish clearly between three categories of sites contaminated with hazardous substance contamination:
(1) Sites where no investigation or remedial action has been performed, or where remedial actions are in progress but are not complete;
(2) Sites where remedial action has been taken to address known risks to human health, public welfare, and the environment and the site is suitable for certain land uses and the department has issued a letter indicating that the site is suitable for certain land uses and that further investigation and remedial action is not required;
(3) Sites where previous concerns about contamination should no longer be an issue because of removal of waste and contamination or investigation results that demonstrate that contamination is now below levels considered suitable for unrestricted use.
2. After an environmental covenant or an amendment or termination of a covenant is filed in the information system established under subsection 1 of this section, a notice of the covenant, amendment, or termination that complies with this section may be recorded in the land records in lieu of recording the entire covenant. Any such notice shall contain:
(1) A legally sufficient description and any available street address of the real property subject to the covenant;
(2) The name and address of the owner of the fee simple interest in the real property, the department, and the holder if other than the department;
(3) A statement that the covenant, amendment, or termination is available in an information system at the department, which discloses the method of any electronic access; and
(4) A statement that the notice is notification of an environmental covenant executed under sections 260.1000 to 260.1039.
3. A statement in substantially the following form, executed with the same formalities as a deed in this state, satisfies the requirements of subsection 2 of this section:
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(L. 2007 S.B. 54)
Effective 1-01-08
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