reglab/housing_qa huggingface dataset:
IA Code § 455B.307 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES|Section 455B.307 - Dumping — where prohibited — penalty.

455B.307 Dumping — where prohibited — penalty.   1. A private agency or public agency shall not dump or deposit or permit the dumping or depositing of any solid waste at any place other than a sanitary disposal project approved by the director unless the agency has been granted a permit by the department which allows the dumping or depositing of solid waste on land owned or leased by the agency. The department shall adopt rules regarding the permitting of this activity which shall provide that the public interest is best served, but which may be based upon criteria less stringent than those regulating a public sanitary disposal project provided that the rules adopted meet the groundwater protection goal specified in section 455E.4. The comprehensive plans for these facilities may be varied in consideration of the types of sanitary disposal practices, hydrologic and geologic conditions, construction and operations characteristics, and volumes and types of waste handled at the disposal site. The director may issue temporary permits for dumping or disposal of solid waste at disposal sites for which an application for a permit to operate a sanitary disposal project has been made and which have not met all of the requirements of part 1 of this division and the rules adopted by the commission if a compliance schedule has been submitted by the applicant specifying how and when the applicant will meet the requirements for an operational sanitary disposal project and the director determines the public interest will be best served by granting such temporary permit.   2. The director may issue any order necessary to secure compliance with or prevent a violation of the provisions of this part 1 of division IV or the rules adopted pursuant to the part. The attorney general shall, on request of the department, institute any legal proceedings necessary in obtaining compliance with an order of the commission or the director or prosecuting any person for a violation of the provisions of the part or rules issued pursuant to the part.   3. Any person who violates any provision of part 1 of this division or any rule or any order adopted or the conditions of any permit or order issued pursuant to part 1 of this division shall be subject to a civil penalty, not to exceed five thousand dollars for each day of such violation.  [C71, §406.9; C73, 75, 77, 79, 81, §455B.82]  C83, §455B.307  86 Acts, ch 1245, §1899; 87 Acts, ch 225, §415; 88 Acts, ch 1169, §5; 89 Acts, ch 281, §1  Referred to in §455B.304
IA Code § 455B.307A (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES|Section 455B.307A - Discarding of solid waste — prohibitions — penalty.

455B.307A Discarding of solid waste — prohibitions — penalty.   1. For the purposes of this section, “discard” means to place, cause to be placed, throw, deposit, or drop.   2. A person shall not discard solid waste onto or in any water or land of the state, or into areas or receptacles provided for such purposes which are under the control of or used by a person who has not authorized the use of the receptacle by the person discarding the solid waste.   3. A person who violates this section is subject to a civil penalty of one thousand dollars for a first offense, two thousand dollars for a second offense, and three thousand dollars for a third or subsequent offense. The revenue from the penalty provided in this subsection shall be remitted to the treasurer of state for deposit in the general fund of the state. Fifty percent of such moneys are appropriated to the state department of transportation for purposes of the cleanup of litter and illegally discarded solid waste. The remaining fifty percent of such moneys shall be deposited in the general fund of the county in which the violation occurred to be used exclusively for the cleanup and prevention of illegal dumping.   4. This section shall not apply to the discarding of litter regulated under chapter 455B, division IV, part 3, and local littering ordinances.  92 Acts, ch 1215, §10; 2006 Acts, ch 1087, §1; 2016 Acts, ch 1076, §1, 2  Referred to in §455B.307B
IA Code § 455B.307B (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES|Section 455B.307B - Illegal dumping enforcement officer.

455B.307B Illegal dumping enforcement officer.   1. For purposes of this section, “officer” means the illegal dumping enforcement officer in a county.   2. The board of supervisors of each county may annually appoint an illegal dumping enforcement officer for the county. The board of supervisors may appoint the officer from recommendations by the county board of health or may select a person outside the recommendations made by the county board of health. The board of supervisors shall appoint a person who is a citizen of the United States, is of good moral character, and has not previously been convicted of a felony.   3. An illegal dumping enforcement officer shall take an oath of office prescribed by the board of supervisors. An officer’s appointment shall be effective March 1 and shall continue for a term at the discretion of the board of supervisors.   4. An illegal dumping enforcement officer, subject to direction and control by the county board of supervisors, shall only be empowered to enforce the provisions of sections 455B.307A and 455B.363 and local littering ordinances. An officer shall not have the duty to enforce any other traffic or criminal laws of the state, county, or a municipality. An officer may enter upon any public land in the county, excluding land within the limits of cities, unless otherwise authorized by a city, and any private property with the permission of the landowner at any time for the performance of the officer’s duties, and may hire the labor and equipment necessary subject to the approval of the board of supervisors.   5. A person shall not willfully obstruct, resist, impede, or interfere with an illegal dumping enforcement officer in connection with the officer’s enforcement of sections 455B.307A and 455B.363 and local littering ordinances. A person shall not willfully retaliate or discriminate in any manner against an officer as a reprisal for any act or omission of the officer. A person violating this subsection is guilty of a simple misdemeanor.  2004 Acts, ch 1128, §1
IA Code § 455B.308 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES|Section 455B.308 - Appeal from order.

455B.308 Appeal from order.   Any person aggrieved by an order of the director may appeal the order by filing a written notice of appeal with the director in accordance with section 455B.110. The director shall schedule a hearing for the purpose of hearing the arguments of the aggrieved person within thirty days of the filing of the notice of appeal. The hearing may be held before the commission or its designee. A complete record shall be made of the proceedings. The director shall issue the findings in writing to the aggrieved person within thirty days of the conclusion of the hearing. Judicial review may be sought of actions of the commission in accordance with the terms of the Iowa administrative procedure Act, chapter 17A. Notwithstanding the terms of the Act, petitions for judicial review may be filed in the district court of the county where the acts in issue occurred.  [C71, §406.10; C73, 75, 77, 79, 81, §455B.83]  C83, §455B.308  86 Acts, ch 1245, §1899; 2003 Acts, ch 44, §114; 2019 Acts, ch 97, §6
IA Code § 455B.311 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES|Section 455B.311 - Grants.

455B.311 Grants.   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 section 455E.11, subsection 2, paragraph “a”, subject to all of the following conditions:   1. Application for grants shall be in a form and contain information as prescribed by rule of the department.   2. Grants shall only be awarded to a city or a county; however, a grant may be made to a central planning agency representing more than one city or county or combination of cities or counties for the purpose of planning and implementing regional solid waste management facilities or may be made to private or public agencies working in cooperation with a city or county. The department shall award grants, in accordance with the rules adopted by the commission, based upon a proposal’s reflection of the solid waste management policy and hierarchy established in section 455B.301A. Grants shall be awarded only for an amount determined by the department to be reasonable and necessary to conduct the work as set forth in the grant application. Grants may be awarded at a maximum cost-share level of ninety percent with a preference given for regional or shared projects and a preference given to projects involving environmentally fragile areas which are particularly subject to groundwater contamination. Grants shall be awarded in a manner which will distribute the grants geographically throughout the state.   3. Grants shall be awarded only for an amount determined by the department to be reasonable and necessary to conduct the work as set forth in the grant application. Grants for less than a countywide planning area shall be limited to twenty-five percent state funds, for a single-county planning area the state funds shall be limited to fifty percent, and for a two-county planning area the state funds shall be limited to seventy-five percent. For each additional county above a two-county planning area, the maximum allowable state funds shall be increased by an additional five percent, up to a maximum of ninety percent state funds.   4. Grants shall not be awarded to a city, county, or central planning agency if the entity has not submitted a completed hydrogeological plan to the department.   5. A city, county, or central planning agency on behalf of a city or county may not receive more than one grant under this section in any three-year period.   6. The director, with the approval of the commission, may deny a grant application if in the judgment of the director the applicant could not reasonably be expected to adequately and properly complete the plan for which the grant is requested or the applicant could not reasonably be expected to implement a planned sanitary disposal project.  86 Acts, ch 1175, §6; 87 Acts, ch 225, §115, 419; 92 Acts, ch 1215, §13; 2018 Acts, ch 1041, §95
IA Code § 455B.312 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES|Section 455B.312 - Waste abatement program.

455B.312 Waste abatement program. Repealed by 2011 Acts, ch 9, §10.
IA Code § 455B.313 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES|Section 455B.313 - Beverage container connectors — prohibition.

455B.313 Beverage container connectors — prohibition.   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 distributor violating subsection 1 is guilty of a serious misdemeanor.  88 Acts, ch 1182, §2
IA Code § 455B.314 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES|Section 455B.314 - Incineration at sanitary disposal projects.

455B.314 Incineration at sanitary disposal projects.   Beginning January 1, 1990, 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 which will result in uncontrolled toxic or hazardous air emissions when burned, and hazardous or toxic materials which are not rendered nonhazardous or nontoxic by incineration. The removed materials shall be recycled, reused, or treated and disposed in a manner approved by the department. Separation of waste includes magnetic separation.  89 Acts, ch 272, §33
IA Code § 455B.315 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES|Section 455B.315 - Radioactive materials — prohibited deposit in sanitary landfills.

455B.315 Radioactive materials — prohibited deposit in sanitary landfills.   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
IA Code § 455B.316 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES|Section 455B.316 - Penalty.

455B.316 Penalty. Repealed by 2011 Acts, ch 9, §10.
IA Code § 455B.331 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES|Section 455B.331 - Definitions.

455B.331 Definitions.   As used in this part 2 of division 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, reconstructed, equipped, improved, extended, maintained, or operated to facilitate the final disposition of radioactive waste without creating a significant hazard to the public health or safety, and which are approved by the director.   2. “Radiation” means any ionizing radiation including, but not limited to, high-speed electrons, neutrons, protons and other nuclear particles, but not sound waves.   3. “Radioactive material” means any solid, liquid, or gaseous material which emits radiation spontaneously.  [C73, 75, 77, 79, 81, §455B.85]  C83, §455B.331  86 Acts, ch 1245, §1899
IA Code § 455B.334 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES|Section 455B.334 - Waste disposal site.

455B.334 Waste disposal site.   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 need for a nuclear waste disposal site and the existing physical conditions, topography, soils and geology, climate, transportation, and land use at the proposed site. If the commission decides to issue a permit to establish and operate a nuclear waste disposal site, it shall establish, by rule, standards and procedures for the safe operation and maintenance of the proposed site. The commission shall also require the permittee to provide a sufficient surety bond or other financial commitment to insure the perpetual maintenance and monitoring of the nuclear waste disposal site.  [C73, 75, 77, 79, 81, §455B.88]  C83, §455B.334  83 Acts, ch 136, §5
IA Code § 455B.335 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES|Section 455B.335 - Director’s duties.

455B.335 Director’s duties.   The director:   1. Shall enforce any rules adopted under this part 2 of division 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 radioactive material.   3. May issue, modify, or revoke orders in accordance with the provisions of this part 2 of division IV or the rules adopted under said part.   4. May require the submission of plans and specifications for the design, construction, maintenance, and monitoring of nuclear waste disposal sites for review and appraisal.  [C73, 75, 77, 79, 81, §455B.89]  C83, §455B.335  83 Acts, ch 136, §6; 86 Acts, ch 1245, §1899; 2006 Acts, ch 1014, §4
IA Code § 455B.335A (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES|Section 455B.335A - Pathological waste incineration facilities — radioactive materials — requirements.

455B.335A Pathological waste incineration facilities — radioactive materials — requirements.   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 Iowa department of public health, for radiological isotopes to measure the emission levels of alpha and gamma rays. The director shall allow a three-month period during which time the operator or person proposing operation of such an incinerator shall conduct the required dispersion modeling. In order to initiate or continue such incineration, the results of the modeling shall provide that the existing incinerator meets or the proposed incinerator will meet the emission standards established by the United States environmental protection agency for a selected isotope.   2. The department shall conduct a public hearing following submission to the director of the results of the dispersion modeling conducted by an operator or person proposing operation of a waste incinerator which provides for or will provide for the incineration of pathological radioactive materials.   3. If the dispersion modeling results do not meet the standards for emission limitations prescribed under subsection 1, the director shall require the operator or the person who proposes to operate a waste incinerator which provides for the incineration of pathological radioactive materials to employ or conduct an additional dispersion modeling test employing the best available control technology. Following employment of the best available control technology or the conducting of the additional dispersion modeling, if the incinerator or proposed incinerator does not or will not meet the standards prescribed under subsection 2, the operator’s permit for incineration of pathological radioactive materials shall be revoked or the permit for such proposed incineration shall be denied.  91 Acts, ch 242, §2
IA Code § 455B.336 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES|Section 455B.336 - Notice to violators.

455B.336 Notice to violators.   If the director determines that there are reasonable grounds to believe a violation of this part 2 of division 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 violations involved and specifying a period of time in which to eliminate the violation. If the alleged violator fails to comply within such specified time, the director shall schedule a hearing and give written notice to the alleged violator by certified mail. In connection with the hearings, the director may issue subpoenas requiring the attendance of witnesses and the production of records pertinent to such hearing. On the basis of the findings, the director shall issue a final order which shall be forwarded to the alleged violator by certified mail.  [C73, 75, 77, 79, 81, §455B.90]  C83, §455B.336  86 Acts, ch 1245, §1899
IA Code § 455B.337 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES|Section 455B.337 - Emergency action.

455B.337 Emergency action.   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 director deems necessary to meet the emergency. The order may be issued orally to the person whose operation constitutes the emergency by the director and confirmed by a copy of such order to be sent by certified mail within twenty-four hours after the issuance of the oral order. The emergency order shall be effective immediately. Any person receiving an emergency order may request a hearing before the commission within thirty days following the receipt of the order. The commission shall schedule a hearing within fourteen days after receipt of the request for a hearing and give written notice to the alleged violator by certified mail. The commission may also schedule a hearing in the absence of a request by the alleged violator. On the basis of the findings, the commission shall issue a final order which shall be forwarded to the alleged violator by certified mail.   2. The director may, if an emergency exists, impound or order the impounding of any radioactive material in the possession of any person who is not equipped to observe, or fails to observe, the provisions of this part 2 of division IV or any rules adopted under this part.  [C73, 75, 77, 79, 81, §455B.91]  C83, §455B.337  86 Acts, ch 1245, §1899; 2018 Acts, ch 1041, §96
IA Code § 455B.338 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES|Section 455B.338 - Judicial review.

455B.338 Judicial review.   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 the alleged violation was committed or in which a final order was entered.  [C73, 75, 77, 79, 81, §455B.92]  C83, §455B.338  2003 Acts, ch 44, §114; 2019 Acts, ch 24, §59
IA Code § 455B.339 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES|Section 455B.339 - Injunction.

455B.339 Injunction.   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 division IV or any rule or order promulgated under this part 2, the director may request the attorney general to make application in the name of the state to the district court of the county in which such acts or practices may be performed, for an order enjoining such acts or practices notwithstanding the existence or pursuit of any other remedy, and the attorney general shall make such application.  [C73, 75, 77, 79, 81, §455B.93]  C83, §455B.339  86 Acts, ch 1245, §1899; 2019 Acts, ch 24, §60
IA Code § 455B.340 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES|Section 455B.340 - Penalty.

455B.340 Penalty.   Any person who violates any provisions of this part 2 of division 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 continuing such violation. Each day of continued violation after notice that a violation is being committed shall constitute a separate violation.  [C73, 75, 77, 79, 81, §455B.94]  C83, §455B.340  86 Acts, ch 1245, §1899, 1899B; 2019 Acts, ch 24, §61; 2020 Acts, ch 1063, §241  Section amended