Iowa Code » Chapter 455B — JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES
Iowa Code

Iowa Code § 455B.387 (2026)

Removal of hazardous substances

✓ Iowa Code 2026 (laws through the 2025 session)
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1. When any hazardous condition exists, the director may remove or provide for the removal and disposal of the hazardous substance at any time, unless the director determines such removal will be properly and promptly accomplished by the owner or operator of the vessel, vehicle, container, pipeline or other facility.

2. The director may use any resources available under the hazardous condition contingency plan to provide for the removal of hazardous substances. If the director finds that public agencies cannot provide the necessary labor or equipment or if the director determines that emergency conditions exist, the director may contract with a private person or agency for removal of the hazardous substance. In those cases where equipment or services are obtained from a public or private person or agency under emergency conditions, section 455B.105, subsection 6 does not apply.

3. An action taken by a person to abate, control, or clean up a hazardous substance \n Tue Dec 09 22:11:04 2025 Iowa Code 2026, Chapter 455B (104, 1) §455B.387, JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES 108\n\ninvolved in a hazardous condition shall not be construed as an admission of liability for a hazardous condition. [C79, 81, §455B.116] C83, §455B.387 83 Acts, ch 101, §94; 84 Acts, ch 1108, §3; 86 Acts, ch 1245, §1899 Referred to in §459.506 \n

Notes of Decisions
Cited in 2 cases, 1993–1997 · leading case: Williams Pipe Line Co. v. Bayer Corp., 964 F. Supp. 1300 (S.D. Iowa 1997).
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Williams Pipe Line Co. v. Bayer Corp., 964 F. Supp. 1300 (S.D. Iowa 1997). · cites it 5× “Williams argues that if it is not granted an easement giving it access to Bayer’s property to remediate, then DNR will initiate remediation and sue Williams to recover reasonable cleanup costs under Iowa Code §§ 455B.387 30 and 455B.392. 31 Under the Declaratory Judgment Act, a…”
First Iowa State Bank v. Iowa Dep't of Nat. Resources, 502 N.W.2d 164 (Iowa 1993). · cites it 2× “Section 455B.387 provides “[w]hen any hazardous condition exists, the director may remove or provide for the removal and disposal of the hazardous substance.”
Iowa Code § 455B.387(1): 1 case
Williams Pipe Line Co. v. Bayer Corp., 964 F. Supp. 1300 (S.D. Iowa 1997). “Williams argues that if it is not granted an easement giving it access to Bayer’s property to remediate, then DNR will initiate remediation and sue Williams to recover reasonable cleanup costs under Iowa Code §§ 455B.387 30 and 455B.392. 31 Under the Declaratory Judgment Act, a…”
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