Title XI, NATURAL RESOURCES (Ch. 455 - 485)

The commission shall: 1. Establish policy for the implementation of programs under its jurisdiction. The commission shall appoint advisory committees to advise the commission and the director in carrying out their respective powers and duties. 2. Advise, consult, and cooperate wi…

The director of the department of administrative services shall draw warrants on the treasurer of state for all disbursements authorized by the provisions of this chapter and chapter 459 , upon itemized and verified vouchers bearing the approval of the director of the department …

The department of administrative services shall provide the department with appropriate office facilities. [C73, 75, 77, 79, 81, §455B.9 ] C83, §455B.108 2003 Acts, ch 145, §286

1. The commission shall establish, by rule, a schedule or range of civil penalties which may be administratively assessed. The schedule shall provide procedures and criteria for the administrative assessment of penalties of not more than ten thousand dollars for violations of thi…

1. An order issued by the director or the department pursuant to authority granted in this chapter may be appealed, resulting in the scheduling of a contested case hearing as provided for in chapter 17A . The appeal must be received by the director within the applicable time fram…

1. Except as provided in subsection 2 , a person with standing as provided in subsection 3 may commence a civil action in district court on the person’s own behalf against any of the following: a. A person, including the state of Iowa, for violating any provision of this chapter …

In addition to the duty to commence legal proceedings at the request of the director or commission under this chapter ; chapter 459, subchapters I , II , III , IV , and VI ; chapter 459A ; or chapter 459B , the attorney general may institute civil or criminal proceedings, includi…

1. An environmental crimes investigation and prosecution fund is created as a separate fund in the state treasury to be administered by the attorney general. Moneys credited to the fund shall include court-ordered fines and restitution awarded to the attorney general as part of a…

1. The director shall certify laboratories which perform laboratory analyses of samples required to be submitted by the department by this chapter ; chapter 459, subchapters I , II , III , IV , and VI ; or chapter 459A , or by rules adopted in accordance with this chapter ; chapt…

1. Upon determination by the director that an applicant for certification has the necessary competence, equipment, and capability to perform the laboratory analytical procedures required, the director shall issue a certificate of competency to the laboratory. The certificate shal…

Laboratory analysis of samples as required by this chapter ; chapter 459, subchapters I , II , III , IV , and VI ; or chapter 459A ; or by rules adopted, or by permits or orders issued pursuant to this chapter ; chapter 459, subchapters I , II , III , IV , and VI ; or chapter 459…

1. The results of any test, which test is relative to the purview of the department, and which test is conducted or performed by an independent entity at the request of a government body, as defined in section 22.1 , or an agent or attorney for a government body, are public recor…

When used in this subchapter II , unless the context otherwise requires: 1. “Air contaminant” means dust, fume, mist, smoke, other particulate matter, gas, vapor (except water vapor), odorous substance, radioactive substance, or any combination thereof. 2. “Air contaminant source…

The department shall be the agency of the state to prevent, abate, or control air pollution. [C73, 75, 77, 79, 81, §455B.11 ] C83, §455B.132

The commission shall: 1. Develop comprehensive plans and programs for the abatement, control, and prevention of air pollution in this state, recognizing varying requirements for different areas in the state. The plans may include emission limitations, schedules and timetables for…

A small business stationary source technical and environmental compliance assistance program shall be administered and enforced as required pursuant to the federal Clean Air Act Amendments of 1990, 42 U.S.C. §7661f. 2008 Acts, ch 1105, §2 Referred to in §455B.133B

1. As used in this section , unless the context otherwise requires: a. “ Federal Clean Air Act Amendments of 1990 ” means Pub. L. No. 101-549 , including those amendments effective on January 1, 1991, regulations promulgated by the United States environmental protection agency pu…

1. As used in this section , unless the context otherwise requires: a. “ Federal Clean Air Act Amendments of 1990 ” means the same as defined in section 455B.133B . b. “State fiscal year” means the fiscal year described in section 3.12 . 2. An air quality fund is created in the o…

The director shall: 1. Publish and administer the rules and standards established by the commission. The department shall furnish a copy of such rules or standards to any person upon request. 2. Provide technical, scientific, and other services required by the commission or for t…

Nothing contained in this subchapter II or chapter 459, subchapter II , shall be deemed to grant to the department or the director any authority or jurisdiction with respect to air pollution existing solely within residences; or solely within commercial and industrial plants, wor…

The department and the director may request and receive assistance from any other agency, department, or educational institution of the state, or political subdivision thereof, when it is deemed necessary or beneficial by the department or the director. The department may reimbur…

Information received by the department or any employees of the department through filed reports, inspections, or as otherwise authorized in this subchapter II or chapter 459, subchapter II , concerning trade secrets, secret industrial processes, or other privileged communications…

1. When the director has evidence that a violation of any provision of this subchapter II or chapter 459, subchapter II , or rule, standard, or permit established or issued under this subchapter II or chapter 459, subchapter II , has occurred, the director shall notify the allege…

If the director has evidence that any person is causing air pollution and that such pollution creates an emergency requiring immediate action to protect the public health and safety, or property, the director may, without notice, issue an emergency order requiring such person to …

Judicial review of actions of the commission or of the director may be sought in accordance with the terms of the Iowa administrative procedure Act, chapter 17A . Notwithstanding the terms of chapter 17A , petitions for judicial review may be filed in the district court of the co…

If action to prevent, control, or abate air pollution is not taken in accordance with the rules established, or orders or permits issued by the department, or if the director has evidence that an emergency exists by reason of air pollution which requires immediate action to prote…

In all proceedings with respect to any alleged violation of the provisions of this subchapter II or chapter 459, subchapter II , or any rule established by the commission, the burden of proof shall be upon the department except in an action for an injunction as provided in sectio…

Any person who owns or operates any plant, building, structure, process, or equipment may apply for a variance from the rules or standards adopted by the department by filing an application with the department. The application shall be accompanied by such information and data req…

1. Any political subdivision may conduct an air pollution control program within the boundaries of its jurisdiction, or may jointly conduct an air pollution control program with other political subdivisions of this state or of other states, except that every joint program shall b…

When an air pollution control program conducted by a political subdivision, or a combination of political subdivisions, is deemed upon review, as provided in section 455B.134 , to be consistent with the provisions of this subchapter II or the rules established under this subchapt…

If any order, permit, or rule of the department is being violated, the attorney general shall, at the request of the department or the director, institute a civil action in any district court for injunctive relief to prevent any further violation of the order, permit, or rule, or…

1. A person who knowingly violates any provision of this subchapter II , any permit, rule, standard, or order issued under this subchapter II , or any condition or limitation included in any permit issued under this subchapter II is guilty of an aggravated misdemeanor. A convicti…

If the director fails to take action within sixty days after an application for a variance is made, or if the department fails to enter a final order or determination within sixty days after the final argument in hearing on appeal, the person seeking the action may treat the fail…

1. Upon application by the owner or operator of a fuel-burning stationary source, and after notice and opportunity for public hearing, the commission may petition the president, under section 110, subsection “f” , paragraph 1, of the federal Clean Air Act as amended through Janua…

1. Definitions. For purposes of this section , “greenhouse gas” means carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, or sulfur hexafluoride. 2. Greenhouse gas inventory. a. By January 1, 2008, the department shall establish a method for collecting d…

When used in this part 1 of subchapter III , unless the context otherwise requires: 1. “Abandoned well” means a water well which is no longer in use or which is in such a state of disrepair that continued use for the purpose of accessing groundwater is unsafe or impracticable. 2.…

1. The department is the agency of the state to prevent, abate, or control water pollution and to conduct the public water supply program. 2. The department shall carry out the responsibilities of the state related to private water supplies and private sewage disposal systems for…

1. The department shall adopt by rule standards for the disposal of wastewater from an on-farm processing operation. These standards shall provide for but are not limited to disposal by all of the following: a. By land application if all of the following apply: (1) The volume of …

The commission shall: 1. Develop comprehensive plans and programs for the prevention, control and abatement of water pollution. 2. Establish, modify, or repeal water quality standards, pretreatment standards, and effluent standards in accordance with the provisions of this chapte…

The director shall: 1. Conduct investigations of alleged water pollution or of alleged violations of this part 1 of subchapter III , chapter 459, subchapter III , chapter 459A , or chapter 459B , or any rule adopted or any permit issued pursuant to this part 1 of subchapter III ,…

1. If there is substantial evidence that any person has violated or is violating any provision of, or any rule or standard established or permit issued pursuant to, this part 1 of subchapter III , chapter 459, subchapter III , chapter 459A , or chapter 459B , then one of the foll…

In establishing, modifying, or repealing water quality standards the commission shall base its decision upon data gathered from sources within the state regarding the following: 1. The protection of the public health. 2. The size, depth, surface area covered, volume, direction an…

1. For purposes of this section , unless the context otherwise requires: a. “Base flow conditions” means the flow of a stream segment, as measured during the time period between July 1 and September 30, that occurs during a period of time when the watershed in which the stream se…

1. The general assembly finds and declares that because the federal Water Pollution Control Act provides for a permit system to regulate the discharge of pollutants into the waters of the United States and provides that permits may be issued by states which are authorized to impl…

Except as provided in section 455B.191, subsection 7 , judicial review of any order or other action of the commission or of the director may be sought in accordance with the terms of the Iowa administrative procedure Act, chapter 17A . Notwithstanding the terms of said Act, petit…

Upon a satisfactory showing by any person to the director that public disclosure of any record, report, permit, permit application, or other document or information or part thereof would divulge methods or processes entitled to protection as a trade secret, any such record, repor…