Iowa Code 200.21 – Compliance — a defense to certain nuisance actions
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Terms Used In Iowa Code 200.21
- anhydrous ammonia: means the compound formed by the combination of two gaseous elements, nitrogen and hydrogen, in the proportion of one part nitrogen to three parts hydrogen by volume. See Iowa Code 200.3
- Anhydrous ammonia plant: means a facility used for the manufacture or distribution of the compound formed by the combination of two gaseous elements, nitrogen and hydrogen, in the proportion of one part nitrogen to three parts hydrogen by volume. See Iowa Code 200.3
- Established date of operation: means the date on which an anhydrous ammonia plant commenced operating. See Iowa Code 200.3
- Established date of ownership: means the date of the recording of an appropriate instrument of title establishing the ownership of real estate. See Iowa Code 200.3
- Nuisance: means public or private nuisance as defined by statute or by the common law. See Iowa Code 200.3
- Nuisance action or proceeding: means an action, claim or proceeding brought at law, in equity, or as an administrative proceeding, which is based on nuisance. See Iowa Code 200.3
- person: includes individual, partnership, association, firm, and corporation. See Iowa Code 200.3
In a nuisance action or proceeding against an anhydrous ammonia plant brought by or on behalf of the person whose established date of ownership is subsequent to the established date of operation of an anhydrous ammonia plant, proof of compliance with applicable provisions of this chapter and applicable rules adopted pursuant to section 200.14 shall be a defense to a nuisance action or proceeding.