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

1. Notwithstanding any provision of law to the contrary, the department is authorized to establish fees for camping and use of rental facilities and other special privileges at state parks and recreation areas under the jurisdiction of the department. 2. The fees established by t…

The general assembly finds that: 1. The citizens of Iowa have built and sustained their society on Iowa’s air, soils, waters, and rich diversity of life. The well-being and future of Iowa depend on these natural resources. 2. Many human activities have endangered Iowa’s natural r…

It is the policy of the state of Iowa to protect its natural resource heritage of air, soils, waters, and wildlife for the benefit of present and future citizens with the establishment of a resource enhancement program. The program shall be a long-term integrated effort to wisely…

1. Biennially, during even-numbered years, the director shall schedule and make the necessary arrangements for an Iowa congress on resources enhancement and protection. The congress shall be held within the state capitol complex. 2. Prior to each congress, the director shall make…

1. An Iowa resources enhancement and protection fund is created in the office of the treasurer of state. The fund consists of all revenues and all other moneys lawfully credited or transferred to the fund. The director shall certify monthly the portions of the fund that are alloc…

1. Upon receipt of any revenue, the director shall deposit the moneys in the Iowa resources enhancement and protection fund created pursuant to section 455A.18 . The first three hundred fifty thousand dollars of the funds received for deposit in the fund annually shall be allocat…

A department of natural resources is created, which has the primary responsibility for state parks and forests, protecting the environment, and managing fish, wildlife, and land and water resources in this state. 86 Acts, ch 1245, §1802 ; 2009 Acts, ch 108, §17, 41 Referred to in…

1. A county resource enhancement committee is created in each county. The membership of the committee shall be as follows: a. The chairpersons of the board of supervisors, county conservation board, commissioners of the soil and water district, and board of directors of each scho…

The department shall revise and produce conservation education materials and specify stipends to Iowa educators who participate in innovative conservation education programs approved by the department. The department shall allocate the funds provided for under section 455A.19, su…

The chief administrative officer of the department is the director who shall be appointed by the governor, subject to confirmation of the senate, and serve at the governor’s pleasure. The governor shall make the appointment based on the appointee’s training, experience, and capab…

1. Except as otherwise provided by law and subject to rules adopted by the natural resource commission and the environmental protection commission, the director shall: a. Plan, direct, coordinate, and execute the functions vested in the department. b. Provide overall supervision,…

1. a. A natural resource commission is created, which consists of seven members appointed by the governor for staggered terms of six years beginning and ending as provided in section 69.19 , except as provided in paragraph “b” . The appointees are subject to senate confirmation. …

1. An environmental protection commission is created, which consists of nine members appointed by the governor for staggered terms of four years beginning and ending as provided in section 69.19 . Commission appointees are subject to senate confirmation. The members shall be elec…

1. The director may establish administrative divisions, bureaus, or other administrative entities within the department in order to most efficiently and effectively carry out the department’s responsibilities. The creation or modification of departmental divisions, bureaus, or ot…

1. The department may establish a schedule of fees for subscriptions to publications produced by the department, including periodicals. However, this section does not apply to application forms and materials intended for general distribution which explain departmental programs or…

As used in this chapter , unless the context otherwise requires: 1. “Department” means the department of natural resources created under section 455A.2 . 2. “Director” means the director of the department or a designee. 3. “Commission” means the environmental protection commissio…

The director shall: 1. Recommend to the commission the adoption of rules that are necessary for the effective administration of the department. 2. Recommend to the commission the adoption of rules to implement the programs and services assigned to it. 3. Contract, with the approv…

1. If a permit is required pursuant to this chapter or chapter 459 , 459A , or 459B for storm water discharge or an air contaminant source and a facility to be permitted is representative of a class of facilities which could be described and conditioned by a single permit, the di…

1. The department shall either approve or deny a permit to a person applying for a permit under this chapter within six months from the date that the department receives a completed application for the permit. An application which is not approved or denied within the six-month pe…

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…