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

1. Except as provided in subsection 5 , the operator of a sanitary landfill shall pay a tonnage fee to the department for each ton or equivalent volume of solid waste received and disposed of at the sanitary landfill during the preceding reporting period. The department shall det…

The director, with the approval of the commission, may make grants to cities, counties, or central planning agencies representing cities and counties or combinations of cities, counties, or central planning agencies from funds reserved under and for the purposes specified in sect…

1. A distributor as defined in section 455C.1, subsection 9 , shall not sell or offer to sell any beverage container if the beverage container is connected to another beverage container by a device constructed of a material which is not biodegradable or photodegradable. 2. A dist…

A sanitary disposal project that includes incineration as a part of its disposal process shall separate from the materials to be incinerated recyclable and reusable materials, materials that will result in uncontrolled toxic or hazardous air emissions when burned, and hazardous o…

A person shall not dispose of, and a sanitary landfill shall not accept for final disposal, radioactive materials, as defined as of January 1, 1990, pursuant to section 136C.1 . 90 Acts, ch 1191, §3

As used in this part 2 of subchapter IV , unless the context otherwise requires: 1. “Nuclear waste disposal site” means all facilities and appurtenances including all real and personal property connected with such facilities, which are acquired, leased, purchased, constructed, re…

The commission may approve or prohibit the establishment and operation of a nuclear waste disposal site in this state by a private person. In determining whether to grant or deny a permit to establish and operate a nuclear waste disposal site, the commission shall consider the ne…

The director: 1. Shall enforce any rules adopted under this part 2 of subchapter IV and furnish a copy of the rules to each applicant for a permit required under this part . 2. May require the maintenance of records relating to the receipt, storage, transfer, or disposal of radio…

1. The director shall require that a person who operates or proposes to operate a waste incinerator which provides for the incineration of pathological radioactive materials conduct dispersion modeling, under the direction of the department of health and human services, for radio…

If the director determines that there are reasonable grounds to believe a violation of this part 2 of subchapter IV or of the rules issued under said part has occurred, the director shall give written notice by certified mail to the alleged violator specifying the alleged violati…

1. Whenever the director finds that an emergency exists requiring immediate action to protect the public health and safety, the director may, without notice or hearing, issue an emergency order reciting that an emergency exists and requiring that such action be taken as the direc…

Judicial review of the actions of the commission may be sought in accordance with the terms of the Iowa administrative procedure Act, chapter 17A . Notwithstanding the terms of chapter 17A , a petition for judicial review may be filed in the district court of the county in which …

Whenever, in the judgment of the director, any person has engaged in or is about to engage in any acts or practices which constitute or will constitute a violation of the provisions of this part 2 of subchapter IV or any rule or order promulgated under this part 2 , the director …

Any person who violates any provisions of this part 2 of subchapter IV or rules adopted under this part 2 , or any order of the department or director issued pursuant to this part 2 , shall be guilty of a serious misdemeanor and, in addition, the person may be enjoined from conti…

As used in this part 3 of subchapter IV , unless the context otherwise requires: 1. “Discard” means to place, cause to be placed, throw, deposit, or drop. 2. “Litter” means any garbage, rubbish, trash, refuse, waste materials, or debris not exceeding ten pounds in weight or fifte…

1. The director, at the direction of the commission, shall establish programs to encourage the active support of business, industry, and the general public for litter control. 2. The director, at the direction of the commission, shall coordinate and encourage the cooperation of s…

No person shall discard any litter onto or in any water or land of this state, except that nothing in this section shall be construed to affect the authorized collection and discarding of such litter in or on areas or receptacles provided for such purpose. [C73, 75, 77, 79, 81, §…

Any person violating the provisions of section 455B.363 , upon conviction, shall be guilty of a simple misdemeanor. The court, in lieu of or in addition to any other sentence imposed, may direct and supervise a labor of litter gathering. [C73, 75, 77, 79, 81, §455B.98 ] C83, §455…

As used in this part 4 of subchapter IV , unless the context otherwise requires: 1. “Cleanup” means actions necessary to contain, collect, control, identify, analyze, clean up, treat, disperse, remove, or dispose of a hazardous substance. 2. “Cleanup costs” means costs incurred b…

The department shall be the agency of the state to prevent, abate, and control the exposure of the citizens of the state to hazardous conditions as defined in this part 4 of subchapter IV . [C79, 81, §455B.111 ] C83, §455B.382 2021 Acts, ch 76, §150 Referred to in §459.506

The department shall: 1. Establish such rules pursuant to the provisions of chapter 17A as are necessary to protect the public from unnecessary exposure to hazardous substances. 2. Develop a comprehensive plan for the prevention, abatement and control of hazardous conditions with…

The director shall: 1. Provide technical advice and assistance to other state agencies, to political subdivisions of the state, and to other persons upon request for the control, abatement, and prevention of hazardous conditions. 2. Collect and disseminate such information, publi…

All public agencies, as defined in chapter 28E , shall cooperate in the development and implementation of a state hazardous condition contingency plan. The plan shall detail the manner in which public agencies shall participate in the response to a hazardous condition. The direct…

A person manufacturing, storing, handling, transporting, or disposing of a hazardous substance shall notify the department and the local police department or the office of the sheriff of the affected county of the occurrence of a hazardous condition as soon as possible but not la…

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, …

1. If it is determined by the director that an emergency exists respecting any matter affecting or likely to affect the public health, the director may issue any order necessary to terminate the emergency without notice and without hearing. Any such order shall be binding and eff…

Judicial review of any order or other action of the commission or of the director may be sought in accordance with the terms of chapter 17A . Notwithstanding the provisions of chapter 17A , petitions for judicial review may be filed in the district court of the county in which th…

Nothing contained in this part 4 of subchapter IV shall be deemed to grant to the department any authority or jurisdiction under this part 4 with respect to the following: 1. Hazardous conditions existing solely within and which will probably continue to exist solely within comme…

1. The attorney general shall, at the request of the department, institute any legal proceedings, including an action for an injunction or temporary injunction, necessary to obtain compliance with the provisions of this part 4 of subchapter IV . In any legal proceedings any previ…

1. a. A person having control over a hazardous substance is strictly liable to the state or a political subdivision for all of the following: (1) The reasonable cleanup costs incurred by the state or its political subdivisions or the agents of the state or a political subdivision…

1. A person employed by the state is not liable for damages incurred as a result of actions taken by the person when acting in the person’s official capacity pursuant to this part, rules adopted pursuant to this part and the hazardous condition contingency plan. 2. A person who p…

A person shall not refuse entry or access to, or harass or obstruct an authorized representative of the department who seeks entry or access for the purpose of investigating or responding to a hazardous condition. The representative shall present appropriate credentials. Upon a s…

Information obtained under this part 4, or a rule, order, or condition adopted or issued under this part 4 , or an investigation authorized thereby, shall be available to the public unless the information constitutes trade secrets or information which is entitled to confidential …

1. Liability to the state under this part 4 or part 5 of this subchapter IV is a debt to the state. Liability to a political subdivision under this part 4 of subchapter IV is a debt to the political subdivision. The debt, together with interest on the debt at the maximum lawful r…

Immediately upon the incurrence of any liability to the state under this part , the debtor shall submit to the director a report consisting of documentation of the debtor’s liabilities and assets, including if filed, a copy of the biennial report submitted to the secretary of sta…

1. A person who provides assistance or advice in mitigating or attempting to mitigate the effects of an actual or threatened hazardous condition or in preventing, cleaning up or disposing of or in attempting to prevent, clean up or dispose of a hazardous condition is not liable f…

As used in this part 5, unless the context otherwise requires: 1. “Disposal” means the discharge, deposit, injection, dumping, spilling, leaking, or placing of a hazardous waste or hazardous substance into or on land or water so that the hazardous waste or hazardous substance or …

1. A hazardous substance remedial fund is created within the state treasury. Moneys received from fees, penalties, general revenue, federal funds, gifts, bequests, donations, or other moneys so designated shall be deposited in the state treasury to the credit of the fund. Any une…

1. The person who generates hazardous waste or the owner or operator of a hazardous waste disposal facility who transports hazardous wastes off of the site where the hazardous waste was generated or off the disposal facility site shall pay a fee of ten dollars for each ton up to …

The director shall annually on January 1 give a full accounting of moneys received, moneys expended, sources and recipients, and purposes of the expenditures for the preceding fiscal year in the hazardous substance remedial fund to the general assembly and the governor. 84 Acts, …

1. The director shall maintain and make available for public inspection a registry of confirmed hazardous waste or hazardous substance disposal sites in the state. The director shall take all necessary action to ensure that the registry provides a complete listing of all sites. T…

1. The director shall annually on January 1 transmit a report to the general assembly and the governor identifying all hazardous waste or hazardous substance disposal sites in the state listed on the registry. A copy of the report shall also be sent to the board of supervisors of…

1. The director shall investigate each hazardous waste or hazardous substance disposal site listed in the registry to determine its relative priority. 2. The director shall identify each hazardous waste or hazardous substance disposal site by providing all of the following: a. Th…

1. Within sixty days after July 1, 1984, the director shall notify the owner of any part of a site to be included in the registry required by section 455B.426 . The notice shall be sent by certified mail to the owner’s last known address. Thirty days before a site is added to the…

1. A person shall not substantially change the manner in which a hazardous waste or hazardous substance disposal site on the registry pursuant to section 455B.426 is used without the written approval of the director. 2. A person shall not sell, convey, or transfer title to a haza…

When the director places a site on the registry as provided in section 455B.426 , then the director shall file with the county recorder a statement disclosing the period during which the site was used as a hazardous waste or hazardous substances disposal area. When the director f…