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

1. Full recovery sought by department. The department may seek full recovery from an owner, operator, or other potentially responsible party liable for a release that is the subject of a corrective action for which moneys from the account are expended, or for which moneys from th…

1. The commission may adopt rules pursuant to chapter 17A conditioning receipt of moneys from the account transferred pursuant to 2024 Iowa Acts, ch. 1054 , to those petroleum-contaminated properties that present a higher degree of risk to the public health and safety or the envi…

1. Except as provided in subsection 2 , the owner or operator of an underground storage tank existing on or before July 1, 1985, shall notify the department in writing by May 1, 1986, of the existence of each tank and specify the age, size, type, location and uses of the tank. 2.…

The commission shall adopt rules pursuant to chapter 17A relating to: 1. a. Release detection, prevention, and correction as may be necessary to protect human health and the environment, applicable to all owners and operators of underground storage tanks. The rules shall include …

The rules adopted by the commission under section 455B.474 shall be consistent with and shall not exceed the requirements of federal regulations relating to the regulation of underground storage tanks except as provided in section 455B.474, subsection 1 , paragraph “a” , subparag…

The director shall: 1. Inspect and investigate the facilities and records of owners and operators of underground storage tanks as may be necessary to determine compliance with this part and the rules adopted pursuant to this part. An inspection or investigation shall be concluded…

1. If there is substantial evidence that a person has violated or is violating a provision of this part or a rule adopted under this part , the director may issue an order directing the person to desist in the practice that constitutes the violation and to take corrective action …

1. A person who violates a provision of this part or a rule or order issued under this part is subject to a civil penalty not to exceed five thousand dollars for each day during which the violation continues. The civil penalty is an alternative to a criminal penalty provided unde…

Except as provided in section 455B.477, subsection 5 , judicial review of an order or other action of the commission or the director may be sought in accordance with chapter 17A . Notwithstanding chapter 17A , the Iowa administrative procedure Act, petitions for judicial review m…

An owner or operator of an underground storage tank shall pay an annual storage tank management fee of sixty-five dollars per tank of over one thousand one hundred gallons capacity. The fees collected shall be deposited in the storage tank management account of the groundwater pr…

This part may be cited as the “Waste Management Assistance Act” . 87 Acts, ch 180, §1 ; 92 Acts, ch 1239, §21 ; 2001 Acts, ch 7, §4 ; 2002 Acts, ch 1162, §46

1. The purpose of this part is to promote the proper management of solid, hazardous, and low-level radioactive wastes in Iowa. 2. The department, in cooperation with the Iowa waste reduction center for safe and economic management of solid waste and hazardous substances establish…

As used in this part unless the context otherwise requires: 1. “Disposal” means the isolation of waste from the biosphere in a permanent facility designed for that purpose. 2. “Facilities” means land and improvements on land, buildings and other structures, and other appurtenance…

The director of the department of natural resources shall provide for administration of the provisions of this part. 87 Acts, ch 180, §5 ; 92 Acts, ch 1239, §21 ; 2001 Acts, ch 7, §7 ; 2002 Acts, ch 1162, §49

The department shall: 1. Recommend to the commission the adoption of rules necessary to implement this part. 2. Implement the waste management policy provided in section 455B.481 . 3. Represent the state in all matters pertaining to plans, procedures, negotiations, and agreements…

1. As used in this section : a. “Applicant” means a person, acting in good faith, who seeks the services of an assistance program. b. “Assistance information” means all information voluntarily supplied to or obtained by an assistance program for the sole purpose of providing assi…

The commission shall: 1. Establish policy for the implementation of this part. 2. Adopt, modify, or repeal rules necessary to implement this part pursuant to chapter 17A . 3. Recommend legislative action which may be required for the safe and proper management of waste, for the a…

The commission shall adopt rules establishing criteria for the identification of sites which are suitable for the operation of low-level radioactive waste disposal facilities. The department shall apply these criteria, once adopted, to identify and recommend to the commission sit…

1. The commission shall adopt rules establishing criteria for the identification of land areas or sites which are suitable for the operation of facilities for the management of low-level radioactive wastes. Upon request, the department shall assist in locating suitable sites for …

The department shall develop, sponsor, and assist in conducting local, regional, or statewide programs for the receipt or collection and proper management of hazardous wastes from households and farms. In conducting such events the department may establish limits on the types and…

1. If the commission determines that an agricultural chemical causes an unreasonable, adverse effect on humans or the environment, the commission shall submit to the secretary of agriculture its findings and recommended actions. The secretary of agriculture shall propose rules im…

A person acting in conjunction with a private college, community college, or state board of regents institution, to conduct research relating to waste management, on private property, or on property in which a city or county holds an interest, shall notify the department in writi…

1. As used in this section , unless the context otherwise requires: a. “Contaminated animal carcasses” means waste including carcasses, body parts, and bedding of animals that were exposed to infectious agents during research, production of biologicals, or testing of pharmaceutic…

The commission shall adopt rules which require a person who owns or operates an infectious waste treatment or disposal facility to obtain an operating permit before initial operation of the facility. The rules shall specify the information required to be submitted with the applic…

The department of natural resources shall not grant a permit for the construction or operation of a commercial infectious waste treatment or disposal facility within one mile of a site or building which has been placed on the national register of historic places. This section doe…

1. Definitions. As used in this section , unless the context otherwise requires: a. “Damages” means damages of any kind for which liability may exist under the laws of this state resulting from, arising out of, or relating to the discharge or threatened discharge of oil. b. “Disc…

As used in this subchapter X , unless the context otherwise requires: 1. “Acquired” means purchased, leased, obtained by inheritance or descent and distribution, or obtained by foreclosure sale under chapter 654 , nonjudicial voluntary foreclosure under section 654.18 , deed in l…

A person that holds indicia of ownership of property contaminated by a hazardous substance, hazardous waste, or regulated substance, and that satisfies all of the conditions provided in section 455B.381, subsection 7 , paragraph “b” , or section 455B.471, subsection 9 , paragraph…

A person that holds indicia of title to property or a person that has acquired property as identified in section 455B.752 shall provide reasonable access to the acquired property to any potentially responsible party or to any authorized regulatory authority for the purpose of inv…

This subchapter X shall not be interpreted to affect the legal responsibility to the state to conduct response actions under any applicable state law. This subchapter X shall not be interpreted to affect or provide immunity from any criminal liability. 2004 Acts, ch 1141, §78, 79…

As used in this chapter unless the context otherwise requires: 1. “Beverage” means wine as defined in section 123.3, subsection 53 , alcoholic liquor as defined in section 123.3, subsection 4 , beer as defined in section 123.3, subsection 6 , high alcoholic content beer as define…

Any person aggrieved by an order of the department relating to the approval or withdrawal of approval for a redemption center may seek judicial review of such order as provided in chapter 17A . [C79, 81, §455C.10 ]

1. Any person violating the provisions of section 455C.2 , 455C.3 , or 455C.5 , or a rule adopted under this chapter , shall be guilty of a simple misdemeanor. 2. A distributor who collects or attempts to collect a refund value on an empty beverage container when the distributor …

The director may issue any order necessary to secure compliance with or prevent a violation of the provisions of this chapter or any rule adopted or permit or order issued pursuant to this chapter . The person to whom such compliance order is issued may cause to be commenced a co…

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

1. The attorney general, on request of the department, shall institute any legal proceedings necessary to obtain compliance with an order of the commission or the director, including proceedings for a temporary injunction, or prosecuting any person for a violation of an order of …

A bottle bill fund is established in the state treasury under the control of the department. The fund shall consist of moneys deposited in the fund pursuant to section 455C.12, subsection 7 , and any other moneys appropriated to or deposited in the fund. Moneys in the fund are ap…

1. A distributor, dealer, or redemption center may enter into a contract or agreement with any other distributor, manufacturer, or person for the purpose of collecting or disposing of beverage containers as provided in this chapter . 2. For purposes of this chapter , any contract…

1. If the refund value indication required under section 455C.5 on an empty nonrefillable metal beverage container is readable but the redemption of the container is lawfully refused by a dealer or person operating a redemption center under other sections of this chapter or rules…

The final disposal of beverage containers, including the final disposal of beverage containers that used to contain alcoholic liquor as defined in section 123.3, subsection 4 , by a participating dealer, distributor, manufacturer, or redemption center in a sanitary landfill is pr…

Any amount of refund value or handling fees possessed by a distributor after the distributor has made payments required pursuant to this chapter shall be considered the property of the distributor. 2022 Acts, ch 1139, §17, 20

1. A refund value of five cents shall be paid by the consumer on each beverage container sold in this state by a dealer for consumption off the premises. Upon return of the empty beverage container upon which a refund value has been paid to a participating dealer or redemption ce…

Except as provided in section 455C.4 : 1. A participating dealer shall not refuse to accept from a consumer any empty beverage container of the kind, size, and brand sold by the participating dealer, or refuse to pay to the consumer the refund value of a beverage container as pro…

1. Except as provided in section 455C.5, subsection 3 , a dealer, a redemption center, a distributor, or a manufacturer may refuse to accept any empty beverage container that does not have stated on it a refund value as provided under section 455C.2 . 2. a. A dealer may refuse to…

1. a. Each beverage container sold or offered for sale in this state by a dealer shall clearly indicate the refund value of the container by embossing or by a stamp, label, or other method securely affixed to the container. The department shall specify, by rule, the minimum size …

1. To facilitate the return of empty beverage containers and to serve dealers of beverages, any person may establish a redemption center, subject to the approval of the department, at which consumers may return empty beverage containers and receive payment of the refund value of …