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

1. Definitions. As used in this section and in section 455D.10B unless the context otherwise requires: a. “Button cell battery” means a household battery which resembles a button or coin in size and shape. b. “Consumer” means a person who purchases household batteries for persona…

1. A person shall not distribute, sell, or offer for retail sale in the state a rechargeable consumer product manufactured on or after January 1, 1994, unless all of the following conditions are met: a. The battery can be easily removed by the consumer, or is contained in a batte…

1. As used in this section , unless the context otherwise requires: a. “Permit” means a permit issued by the department to establish, construct, modify, own, or operate a tire stockpiling facility. b. “Processing” means producing or manufacturing usable materials from waste tires…

1. A person owning or operating a waste tire collection or processing site shall provide a financial assurance instrument to the department prior to the initial approval of a permit or prior to the renewal of a permit for an existing or expanding facility. The financial assurance…

An owner or operator of a waste tire collection or processing site, including an enclosed site, shall obtain a permit from the department prior to operation of the site. The owner or operator shall pay an annual fee of eight hundred fifty dollars to the department. The moneys col…

1. A waste tire management fund is created within the state treasury. Notwithstanding section 8.33 , any unexpended balance in the fund at the end of each fiscal year shall be retained in the fund. Notwithstanding section 12C.7 , any interest or earnings on investments from money…

1. A retail tire dealer who currently charges a fee relating to disposal of used tires is encouraged to include the fee within the sales price of new tires. The practice by retail tire dealers of adding the fee as a separate charge on sales invoices is discouraged. 2. Notwithstan…

1. For the purposes of this section , “waste tire hauler” means a person who transports for hire more than forty waste tires in a single load for commercial purposes. 2. A waste tire hauler shall register with, and obtain a certificate of registration from, the department before …

1. In this section unless the context otherwise requires: a. “Label” means a molded imprint or raised symbol on or near the bottom of a plastic product. b. “Plastic” means any material made of polymeric organic compounds and additives that can be shaped by flow. c. “Plastic bottl…

1. A sanitary landfill shall not accept used oil for final disposal. 2. A person offering for sale or selling oil or oil filters at retail in the state shall do the following: a. Accept at the point of sale, used oil and used oil filters from customers, or post notice of location…

Beginning January 1, 1990, a person shall not sell, offer for sale, purchase, or use plastic foam packaging products or food service items manufactured with chlorofluorocarbons. Beginning January 1, 1998, a person shall not sell, offer for sale, purchase, or use plastic foam prod…

1. A waste volume reduction and recycling fund is created within the state treasury. Moneys received by the department from fees, including general revenue, federal funds, awards, wills, bequests, gifts, or other moneys designated shall be deposited in the state treasury to the c…

1. As used in this section , unless the context otherwise requires, “mercury-added thermostat” means a product or device that uses a mercury switch to sense and control room temperature through communication with heating, ventilating, or air-conditioning equipment. “Mercury-added…

1. The general assembly finds and declares all of the following: a. The management of solid waste can pose a wide range of hazards to public health and safety and to the environment. b. Packaging comprises a significant percentage of the overall solid waste stream. c. The presenc…

The general assembly finds that: 1. Iowa’s environment is precious and no person has the right to pollute Iowa’s air, water, or soil. The environment is vulnerable and irreplaceable, and all Iowans have an ongoing responsibility to conserve, preserve, and enhance the state’s natu…

A city council or county board of supervisors which provides for the collection of solid waste by its residents shall consider as a proposed ordinance, the mandatory curbside collection of recyclable materials which have been separated from other solid waste. The proposed ordinan…

A person who violates section 455D.4A, 455D.6, subsection 4 , section 455D.11 , 455D.11A , 455D.11B , 455D.11I , or 455D.19 , or any rule, permit, or order issued pursuant thereto shall be subject to a civil penalty which shall be established, assessed, and collected in the same …

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 . Any order issued to enforce section 455D.4A may include a requirement to remove a…

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 …

1. Waste reduction goals. a. The goal of the state is to reduce the amount of materials in the waste stream, existing as of July 1, 1988, by an intermediate goal of twenty-five percent, and by a final goal of at least fifty percent, through the practice of waste volume reduction …

1. It is the policy of this state to encourage the development of waste volume reduction programs and education at the local government level through incentives, technical assistance, grants, and other practical measures. 2. It is the policy of this state to support and encourage…

1. For the purpose of this section , “recycling facility” means any facility, business, or operation that has the stated primary purpose of facilitating the recycling of materials that would otherwise be solid waste. 2. Recycling of materials for the purpose of being excluded fro…

1. The department shall establish a statewide waste reduction and recycling network to promote the waste management policy contained in section 455B.481 and the waste management hierarchy contained in section 455B.301A . Programs established shall encourage waste generators to re…

The director shall: 1. Unless otherwise specified in this chapter , recommend rules to the commission which are necessary to implement this chapter . 2. Administer and coordinate the waste volume reduction and recycling fund created under section 455D.15 . 3. Enter into contracts…

The commission shall: 1. Unless otherwise specified in this chapter , adopt rules necessary to implement this chapter pursuant to chapter 17A . 2. Prohibit land disposal of specific components of the waste stream for which the department has developed and implemented a strategy f…

1. Land disposal of yard waste as defined by the department is prohibited. A sanitary landfill may accept yard waste under any of the following circumstances: a. When the yard waste is separated at its source from other solid waste and is accepted by the sanitary landfill for the…

Beginning January 1, 1992, a person shall not dispose of baled solid waste at a sanitary landfill and a sanitary landfill shall not accept baled solid waste for final disposal. Solid waste which is baled on-site may be disposed of at the sanitary landfill. 91 Acts, ch 113, §1 ; 9…

This chapter shall be known and may be cited as the “Groundwater Protection Act” . 87 Acts, ch 225, §101

1. All state agencies shall consider groundwater protection policies in the administration of their programs. Local agencies shall consider groundwater protection policies in their programs. All agencies shall cooperate with the department in disseminating public information and …

1. a. A groundwater protection fund is created in the state treasury. Moneys received from sources designated for purposes related to groundwater monitoring and groundwater quality standards shall be deposited in the fund. Notwithstanding section 8.33 , any unexpended balances in…

As used in this chapter , unless the context otherwise requires: 1. “Active cleanup” means removal, treatment, or isolation of a contaminant from groundwater through the directed efforts of humans. 2. “Commission” means the environmental protection commission created under sectio…

The general assembly finds that: 1. Groundwater is a precious and vulnerable natural resource. The vast majority of persons in the state depend on groundwater as a drinking water source. Agriculture, commerce, and industry also depend heavily on groundwater. Historically, the maj…

The intent of the state is to prevent contamination of groundwater from point and nonpoint sources of contamination to the maximum extent practical, and if necessary to restore the groundwater to a potable state, regardless of present condition, use, or characteristics. 87 Acts, …

1. It is the policy of the state to prevent further contamination of groundwater from any source to the maximum extent practical. 2. The discovery of any groundwater contamination shall require appropriate actions to prevent further contamination. These actions may consist of inv…

1. This chapter supplements other legal authority and shall not enlarge, restrict, or abrogate any remedy which any person or class of persons may have under other statutory or common law and which serves the purpose of groundwater protection. An activity that does not violate ch…

The department is designated as the agency to coordinate and administer groundwater protection programs for the state. 87 Acts, ch 225, §107

In addition to other groundwater protection duties, the director, in cooperation with soil and water conservation district commissioners and with other state and local agencies, shall: 1. Develop and administer a comprehensive groundwater monitoring network, including point of us…

1. The commission shall adopt rules to implement this chapter . 2. When groundwater standards are proposed by the commission, all available information to develop the standards shall be considered, including federal regulations and all relevant information gathered from other sou…

As used in this chapter unless the context otherwise requires: 1. “Commission” means the state environmental protection commission. 2. “Department” means the department of natural resources. 3. “Household hazardous material” means a product used for residential purposes and desig…

Any person violating a provision of this chapter or a rule adopted pursuant to this chapter is guilty of a simple misdemeanor. 87 Acts, ch 225, §510

It is the policy of this state to educate Iowans regarding the hazardous nature of certain household products, proper use of the products, and the proper methods of disposal of residual product and containers in order to protect the public health, safety, and the environment. 87 …

The commission shall adopt rules to implement the programs established pursuant to this chapter . 87 Acts, ch 225, §505 ; 2016 Acts, ch 1010, §6

The department shall: 1. Designate products which are household hazardous materials and, based upon the designations and in consultation with manufacturers, distributors, wholesalers, and retailer associations, develop a household hazardous product list for the use of retailers i…

1. A retailer offering for sale or selling a household hazardous material shall have a valid permit for each place of business owned or operated by the retailer for this activity. All permits provided for in this section shall expire on June 30 of each year. Every retailer shall …

The department shall conduct programs to promote the proper management of household hazardous materials collected from residents and conditionally exempt small quantity generators. 87 Acts, ch 225, §508 ; 90 Acts, ch 1255, §32 ; 2016 Acts, ch 1010, §8