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

To qualify for designation as an environmental management system pursuant to section 455J.7 , a solid waste planning or service area shall actively pursue all of the following: 1. Organics waste management. Provide for the operation of an organics waste management program or prov…

1. On September 1 each year, each environmental management system shall submit to the department an annual report. The report shall document the system’s compliance with the requirements of section 455J.3 . 2. The department shall adopt by rule methods and criteria for determinin…

1. A solid waste planning or service area designated as an environmental management system pursuant to section 455J.7 shall qualify for all of the following: a. An exemption from solid waste reduction goals imposed on solid waste planning or service areas pursuant to section 455D…

1. Consideration of plans. The department shall consider solid waste management plans submitted by solid waste planning or service areas and make recommendations for designation as an environmental management system to the commission. All system designations recommended by the de…

This chapter shall be known and cited as the “Environmental Audit Privilege and Immunity Act” . 98 Acts, ch 1109, §1

A training program for and standards for certification of environmental auditors shall be developed jointly by the Iowa waste reduction center and the department. The training program shall be administered by the Iowa waste reduction center. The program shall provide training on …

On or before December 1 of each year, the department shall make available a summary of the number of environmental audit notices received, the violations, and the remediation status of the violations reported pursuant to this chapter during the preceding fiscal year. 98 Acts, ch …

The department shall adopt rules pursuant to chapter 17A necessary to administer this chapter . 98 Acts, ch 1109, §12

The necessary costs incurred by the department under this chapter shall be funded from appropriations made to the department from the general fund of the state. 98 Acts, ch 1109, §13

As used in this chapter , unless the context otherwise requires: 1. “Department” means the department of natural resources created under section 455A.2 or its delegated authority. 2. “Environmental audit” means a voluntary evaluation of a facility or operation, of an activity at …

1. Material included in an environmental audit report generated during an environmental audit conducted after July 1, 1998, is privileged and confidential and is not discoverable or admissible as evidence in any civil or administrative proceeding, except as otherwise provided in …

1. The privilege described in section 455K.3 shall not apply to the extent that the privilege is expressly waived in writing by the owner or operator who prepared the environmental audit report or caused the report to be prepared. 2. Disclosure of an environmental audit report or…

1. A court or a presiding officer in an administrative hearing may require disclosure of a portion of an environmental audit report in a civil or administrative proceeding if the court or presiding officer affirmatively determines, after an in camera review, that any of the follo…

1. The privilege described in this chapter does not apply to any of the following: a. A document, communication, datum, report, or other information required by a regulatory agency to be collected, developed, retained, or reported under a state or federal environmental law, rule,…

1. The privileges created in this chapter shall not apply to criminal investigations or proceedings. An environmental audit report, supporting documents, and testimony relating thereto may be obtained by a prosecutor’s subpoena pursuant to the rules of criminal procedure. If an e…

1. An owner or operator is eligible for immunity under this section from the time the department receives official notification from the owner or operator of a scheduled environmental audit. An owner or operator is immune from any administrative or civil penalty associated with t…

This chapter shall not limit, waive, or abrogate the scope or nature of any statutory or common-law privilege, including the work product doctrine and the attorney-client privilege. 98 Acts, ch 1109, §9

An Iowa geological survey of the state is created within the state university of Iowa, under the jurisdiction and authority of the state board of regents. [C97, §2497; C24, 27, 31, 35, 39, § 4549; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §305.1 ] 86 Acts, ch 1245, §1881 C…

All publications of the Iowa geological survey shall be made available electronically via an internet site maintained for that purpose. [C97, §2501; S13, §2501; C24, 27, 31, 35, 39, § 4558; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §305.10 ] C93, §460A.10 2002 Acts, 2nd Ex…

The operator of any underground mine shall comply with the following provisions relative to maps and surveys: 1. Scale. Each mine map shall be drawn to a scale of not more than two hundred feet to the inch. 2. General specifications. Each map shall show the name of the state, cou…

When the operator of any mine neglects or refuses for a period of ninety days to furnish to the state geologist the map or plan, or a copy thereof, of such mine or any extension thereof, as provided in this chapter , the state geologist shall cause to be made an accurate map or p…

The maps so delivered to the state geologist shall be the property of the state and shall remain in the custody of the state geologist. They shall be kept at the office of the Iowa geological survey and be open to examination by all persons interested in the maps; but such examin…

1. The state geologist shall maintain historical data, collect existing data, and compile new data regarding water resources, including surface water sources and groundwater sources, and geological formations that impact upon those water resources. Such data shall be managed in a…

The Iowa geological survey shall assist the office of levee safety as provided in chapter 418A . 2023 Acts, ch 163, §9, 10

The state board of regents shall appoint the state geologist. The state geologist must, at a minimum, have a master’s degree in geology from an accredited college or university and must have at least five years of geological experience. The annual salary of the state geologist sh…

The state geologist shall be director of the survey and shall make a complete survey of the natural resources of the state in all their economic and scientific aspects, including the determination of the order, arrangement, dip, and comparative magnitude of the various formations…

The state geologist shall investigate the characters of the various soils and their capacities for agricultural purposes, the streams, and other scientific and natural resource matters that may be of practical importance and interest. A complete cabinet collection shall be made t…

For the purpose of carrying on investigations, the state geologist and the state geologist’s assistants and employees shall have authority to enter and cross all lands within the state; provided that in so doing no damage is done to private property. [C24, 27, 31, 35, 39, § 4553;…

1. As used in this section , “planning period” means a period comprised of five consecutive fiscal years each beginning July 1 and ending June 30. 2. Not later than January 10, 2022, and not later than January 10 of each subsequent five-year period, the state geologist shall publ…

The state geologist and the state geologist’s assistants shall make detailed maps and reports of counties and districts as fast as the work is completed, which reports shall embrace such geological, mineralogical, topographical, and scientific details as are necessary to make com…

On or before January 10 of each year, the state geologist shall submit to the governor and the general assembly a full report of the work of the Iowa geological survey performed during the preceding year. The report shall include a summary of its current long-range budget plan as…

The state geologist shall cooperate with the United States geological survey, with other federal and state organizations, and with adjoining state surveys in the making of topographic maps and the study of geologic problems of the state when, in the opinion of the state geologist…

The state geologist may direct the preparation and publication of special reports and bulletins of educational and scientific value or containing information of immediate use to the people. [C97, §2501; S13, §2501; C24, 27, 31, 35, 39, § 4557; C46, 50, 54, 58, 62, 66, 71, 73, 75,…

As used in this chapter unless the context otherwise requires: 1. “Commission” means the natural resource commission. 2. “Department” means the department of natural resources created under section 455A.2 . 3. “Director” means the director of the department. [S13, §1400-p; C24, 2…

The required usage of lighting devices set out in sections 321.384 through 321.409 and section 321.415 does not apply to official law enforcement vehicles operated by conservation officers appointed under section 456A.13 , while these vehicles are being used in criminal investiga…

The director shall employ the number of assistants, including a professionally trained state forester, that are necessary to carry out the duties imposed on the commission; and, under the same conditions, the director shall appoint the number of full-time officers and supervisory…

1. a. Notwithstanding any provision to the contrary, full-time officers as defined in section 456A.13 that are not covered under a collective bargaining agreement who were at any time eligible to be enrolled in the group health insurance plan that is negotiated under chapter 20 b…

The director may appoint temporary officers for a period not to exceed six months and may adopt minimum physical, educational, mental, and moral requirements for the temporary officers. Chapter 80B does not apply to the temporary officers. Temporary officers have all the powers o…

The persons appointed or employed as provided under sections 456A.13 and 456A.14 may be removed by the director at any time subject to the approval of the commission. [C31, §1703-d20; C35, §1703-g16; C39, § 1703.43; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §107.16 ] C83, …

1. A person who files an individual or a joint income tax return with the department of revenue under section 422.13 may designate any amount to be paid to the state fish and game protection fund. If the refund due on the return or the payment remitted with the return is insuffic…

1. The following four funds are created in the state treasury: a. A state fish and game protection fund. b. A state conservation fund. c. An administration fund. d. A county conservation board fund. 2. The state fish and game protection fund, except as otherwise provided, consist…

The director shall, at least monthly, make return and pay to the treasurer of state all moneys then in the director’s hands belonging to the funds created in section 456A.17 . [C31, §1703-d23, 1820; C35, §1703-g18; C39, § 1703.45; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, …

1. All funds accruing to the fish and game protection fund, except an equitable portion of the administration fund, shall be expended solely in carrying on fish and wildlife activities. Expenditures incurred by the department in carrying on the activities shall be only on authori…

1. Moneys appropriated to the department which are used in growing or handling nursery stock shall be used for growing or handling of the nursery stock for distribution only on state-owned lands. However, the department may do any of the following: a. Produce and sell game cover …

1. A forestry management and enhancement fund is created in the state treasury under the department’s control. The fund is composed of moneys deposited into the fund pursuant to section 456A.20 , moneys appropriated by the general assembly, and moneys available to and obtained or…

The department shall protect, propagate, increase, and preserve the wild mammals, fish, birds, reptiles, and amphibians of the state and enforce by proper actions and proceedings the laws, rules, and regulations relating to them. The department shall collect, classify, and preser…