reglab/housing_qa huggingface dataset:
IA Code § 455B.361 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES|Section 455B.361 - Definitions.

455B.361 Definitions.   As used in this part 3 of division IV, unless the context otherwise requires:   1. “Discard” means to place, cause to be placed, throw, deposit, or drop.   2. “Litter” means any garbage, rubbish, trash, refuse, waste materials, or debris not exceeding ten pounds in weight or fifteen cubic feet in volume. Litter includes but is not limited to empty beverage containers, cigarette butts, food waste packaging, other food or candy wrappers, handbills, empty cartons, or boxes.  [C73, 75, 77, 79, 81, §455B.95]  C83, §455B.361  2016 Acts, ch 1076, §3
IA Code § 455B.362 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES|Section 455B.362 - Director’s duties.

455B.362 Director’s duties.   1. The director, at the direction of the commission, shall establish programs to encourage the active support of business, industry, and the general public for litter control.   2. The director, at the direction of the commission, shall coordinate and encourage the cooperation of state and local public agencies in the administration of this part 3 of division IV.  [C73, 75, 77, 79, 81, §455B.96]  C83, §455B.362  86 Acts, ch 1245, §1899; 2018 Acts, ch 1041, §127
IA Code § 455B.363 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES|Section 455B.363 - Litter.

455B.363 Litter.   No person shall discard any litter onto or in any water or land of this state, except that nothing in this section shall be construed to affect the authorized collection and discarding of such litter in or on areas or receptacles provided for such purpose.  [C73, 75, 77, 79, 81, §455B.97]  C83, §455B.363  Referred to in §455B.307B, 455B.364  See §321.369
IA Code § 455B.364 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES|Section 455B.364 - Penalty.

455B.364 Penalty.   Any person violating the provisions of section 455B.363, upon conviction, shall be guilty of a simple misdemeanor. The court, in lieu of or in addition to any other sentence imposed, may direct and supervise a labor of litter gathering.  [C73, 75, 77, 79, 81, §455B.98]  C83, §455B.364
IA Code § 455B.382 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES|Section 455B.382 - Administrative agency.

455B.382 Administrative agency.   The department shall be the agency of the state to prevent, abate, and control the exposure of the citizens of the state to hazardous conditions as defined in this part 4 of division IV.  [C79, 81, §455B.111]  C83, §455B.382  Referred to in §459.506
IA Code § 455B.383 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES|Section 455B.383 - Powers and duties of department.

455B.383 Powers and duties of department.   The department shall:   1. Establish such rules pursuant to the provisions of chapter 17A as are necessary to protect the public from unnecessary exposure to hazardous substances.   2. Develop a comprehensive plan for the prevention, abatement and control of hazardous conditions within the state.  [C79, 81, §455B.112]  C83, §455B.383  86 Acts, ch 1245, §1899B  Referred to in §459.506
IA Code § 455B.384 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES|Section 455B.384 - Powers and duties of the executive director.

455B.384 Powers and duties of the executive director.   The director shall:   1. Provide technical advice and assistance to other state agencies, to political subdivisions of the state, and to other persons upon request for the control, abatement, and prevention of hazardous conditions.   2. Collect and disseminate such information, publish such guidelines or reports, and conduct such educational programs deemed necessary to implement the provisions of this part 4 of division IV. Educational programs may be conducted in cooperation with other public or private agencies through agreements concluded pursuant to chapter 28E.   3. Exercise such other powers consistent with the Code and the provisions of this part 4 as the commission may direct.  [C79, 81, §455B.113]  C83, §455B.384  86 Acts, ch 1245, §1899  Referred to in §459.506  Section not amended; editorial change applied
IA Code § 455B.385 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES|Section 455B.385 - State hazardous condition contingency plan.

455B.385 State hazardous condition contingency plan.   All public agencies, as defined in chapter 28E, shall cooperate in the development and implementation of a state hazardous condition contingency plan. The plan shall detail the manner in which public agencies shall participate in the response to a hazardous condition. The director may enter into agreements, with approval of the commission, with any state agency or unit of local government or with the federal government, as necessary to develop and implement the plan. The plan shall be coordinated with the department of homeland security and emergency management and any joint emergency management agencies established pursuant to chapter 29C.  [C79, 81, §455B.114]  C83, §455B.385  86 Acts, ch 1245, §1899; 92 Acts, ch 1139, §31; 2003 Acts, ch 179, §157; 2013 Acts, ch 29, §57  Referred to in §459.506
IA Code § 455B.386 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES|Section 455B.386 - Notification of spills — penalty.

455B.386 Notification of spills — penalty.   A person manufacturing, storing, handling, transporting, or disposing of a hazardous substance shall notify the department and the local police department or the office of the sheriff of the affected county of the occurrence of a hazardous condition as soon as possible but not later than six hours after the onset of the hazardous condition or discovery of the hazardous condition. A sheriff or police chief who has been notified of a hazardous condition shall immediately notify the department. The department, upon receiving notice of a hazardous condition, shall immediately notify the operator of any public water supply system or private water supply system which may be affected by the hazardous condition. If requested, a person shall submit within thirty days of the department’s request a written report of particulars of the incident. A person violating this section is subject to a civil penalty of not more than one thousand dollars.  [C79, 81, §455B.115]  C83, §455B.386  84 Acts, ch 1108, §2; 90 Acts, ch 1032, §1  Referred to in §29C.8A, 321.266, 331.653, 459.506
IA Code § 455B.387 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES|Section 455B.387 - Removal of hazardous substances.

455B.387 Removal of hazardous substances.   1. When any hazardous condition exists, the director may remove or provide for the removal and disposal of the hazardous substance at any time, unless the director determines such removal will be properly and promptly accomplished by the owner or operator of the vessel, vehicle, container, pipeline or other facility.   2. The director may use any resources available under the hazardous condition contingency plan to provide for the removal of hazardous substances. If the director finds that public agencies cannot provide the necessary labor or equipment or if the director determines that emergency conditions exist, the director may contract with a private person or agency for removal of the hazardous substance. In those cases where equipment or services are obtained from a public or private person or agency under emergency conditions, section 455B.105, subsection 6 does not apply.   3. An action taken by a person to abate, control, or clean up a hazardous substance involved in a hazardous condition shall not be construed as an admission of liability for a hazardous condition.  [C79, 81, §455B.116]  C83, §455B.387  83 Acts, ch 101, §94; 84 Acts, ch 1108, §3; 86 Acts, ch 1245, §1899  Referred to in §459.506
IA Code § 455B.388 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES|Section 455B.388 - Injunctions and emergency orders.

455B.388 Injunctions and emergency orders.   1. If it is determined by the director that an emergency exists respecting any matter affecting or likely to affect the public health, the director may issue any order necessary to terminate the emergency without notice and without hearing. Any such order shall be binding and effective immediately and until such order is modified or vacated at a contested case hearing before the commission or by a court.   2. The director may request that the attorney general institute legal proceedings for a temporary or permanent injunction pursuant to section 455B.391 for purposes of enforcing an emergency order.  [C79, 81, §455B.117]  C83, §455B.388  86 Acts, ch 1245, §1899  Referred to in §459.506
IA Code § 455B.389 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES|Section 455B.389 - Judicial review.

455B.389 Judicial review.   Judicial review of any order or other action of the commission or of the director may be sought in accordance with the terms of chapter 17A. Notwithstanding the provisions of chapter 17A, petitions for judicial review may be filed in the district court of the county in which the alleged hazardous condition occurred.  [C79, 81, §455B.118]  C83, §455B.389  86 Acts, ch 1245, §1899  Referred to in §459.506
IA Code § 455B.390 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES|Section 455B.390 - Jurisdiction limited.

455B.390 Jurisdiction limited.   Nothing contained in this part 4 of division IV shall be deemed to grant to the department any authority or jurisdiction under this part 4 with respect to the following:   1. Hazardous conditions existing solely within and which will probably continue to exist solely within commercial and industrial plants, works, or shops under the jurisdiction of chapters 88 and 91.   2. Relations between employers and employees with respect to hazardous conditions except that where such hazardous conditions extend to or affect areas within the scope of the authority granted by this part 4 of division IV, the department may take any action consistent with this part 4 to abate such hazardous condition.   3. The storage, transportation, handling, or use of flammable liquids, combustibles, and explosives, control over which is exercised by the state fire marshal under chapter 100.   4. The storage, transportation, handling, or use of pesticides over which control is exercised by the state secretary of agriculture under chapter 206, except when spillage of pesticides creates a hazardous condition.   5. The storage, transportation, handling, or use of fertilizers over which control is exercised by the state secretary of agriculture under chapter 200, except when spillage of fertilizers creates a hazardous condition.  [C79, 81, §455B.119]  C83, §455B.390  92 Acts, ch 1163, §94  Referred to in §101.10, 459.506  Section not amended; editorial changes applied
IA Code § 455B.391 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES|Section 455B.391 - Duties of attorney general.

455B.391 Duties of attorney general.   1. The attorney general shall, at the request of the department, institute any legal proceedings, including an action for an injunction or temporary injunction, necessary to obtain compliance with the provisions of this part 4 of division IV. In any legal proceedings any previous findings of fact of the director or the department after due notice and hearing shall be conclusive if supported by substantial evidence in the record when the record is viewed as a whole.   2. The attorney general shall, at the request of the director, take appropriate action against the person having control over a hazardous substance to recover for the liabilities resulting under section 455B.392.  [C79, 81, §455B.120]  C83, §455B.391  86 Acts, ch 1158, §1; 86 Acts, ch 1245, §1899, 1899B  Referred to in §455B.388, 459.506
IA Code § 455B.393 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES|Section 455B.393 - Liability of state employees or persons providing assistance.

455B.393 Liability of state employees or persons providing assistance.   1. A person employed by the state is not liable for damages incurred as a result of actions taken by the person when acting in the person’s official capacity pursuant to this part, rules adopted pursuant to this part and the hazardous condition contingency plan.   2. A person who provides assistance at the request of the department or by previous agreement with the department in the event of a hazardous condition is not liable in a civil action for damages as a result of that person’s acts or omissions in rendering the assistance. This section does not relieve a person from civil damages in any of the following circumstances:   a. If the person providing assistance is also the person having control over the hazardous substance which created the hazardous condition.   b. If the person rendered assistance for payment beyond reimbursement for out-of-pocket expenses or with the expectation of such payment.   c. For acts or omissions which result from intentional wrongdoing or gross negligence.  84 Acts, ch 1108, §5  Referred to in §459.506
IA Code § 455B.394 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES|Section 455B.394 - Right of entry.

455B.394 Right of entry.   A person shall not refuse entry or access to, or harass or obstruct an authorized representative of the department who seeks entry or access for the purpose of investigating or responding to a hazardous condition. The representative shall present appropriate credentials. Upon a showing of probable cause in writing and made under oath, a judge or magistrate having proper jurisdiction shall issue a suitably restricted search warrant to the representative of the department for the purposes of enabling the representative to investigate or respond to a hazardous condition.  84 Acts, ch 1108, §6  Referred to in §459.506
IA Code § 455B.395 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES|Section 455B.395 - Public information.

455B.395 Public information.   Information obtained under this part or a rule, order or condition adopted or issued under this part, or an investigation authorized thereby, shall be available to the public unless the information constitutes trade secrets or information which is entitled to confidential treatment in order to protect a plan, process, tool, mechanism, or compound which is known only to the person claiming confidential treatment and confidential treatment is necessary to protect the person’s trade, business or manufacturing process.  84 Acts, ch 1108, §7  Referred to in §459.506
IA Code § 455B.396 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES|Section 455B.396 - Claim of state.

455B.396 Claim of state.   1. Liability to the state under this part or part 5 of this division is a debt to the state. Liability to a political subdivision under this part of this division is a debt to the political subdivision. The debt, together with interest on the debt at the maximum lawful rate of interest permitted pursuant to section 535.2, subsection 3, paragraph “a”, from the date costs and expenses are incurred by the state or a political subdivision is a lien on real property, except single and multifamily residential property, on which the department incurs costs and expenses creating a liability and owned by the persons liable under this part or part 5. To perfect the lien, a statement of claim describing the property subject to the lien must be filed within one hundred twenty days after the incurrence of costs and expenses by the state or a political subdivision. The statement shall be filed with, accepted by, and recorded by the county recorder in the county in which the property subject to the lien is located. The statement of claim may be amended to include subsequent liabilities. To be effective, the statement of claim shall be amended and filed within one hundred twenty days after the occurrence of the event resulting in the amendment.   2. The lien may be dissolved by filing with the appropriate recording officials a certificate that the debt for which the lien is attached, together with interest and costs on the debt, has been paid or legally abated.  86 Acts, ch 1115, §1; 2009 Acts, ch 16, §4  Referred to in §459.506
IA Code § 455B.397 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES|Section 455B.397 - Financial disclosure.

455B.397 Financial disclosure.   Immediately upon the incurrence of any liability to the state under this part, the debtor shall submit to the director a report consisting of documentation of the debtor’s liabilities and assets, including if filed, a copy of the annual report submitted to the secretary of state pursuant to chapter 490. A subsequent report pursuant to this section shall be submitted annually on April 15 for the life of the debt. These reports shall be kept confidential and shall not be available to the public.  86 Acts, ch 1115, §2; 90 Acts, ch 1205, §12  Referred to in §459.506
IA Code § 455B.399 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES|Section 455B.399 - Cleanup assistance — liability.

455B.399 Cleanup assistance — liability.   1. A person who provides assistance or advice in mitigating or attempting to mitigate the effects of an actual or threatened hazardous condition or in preventing, cleaning up or disposing of or in attempting to prevent, clean up or dispose of a hazardous condition is not liable for damages resulting from the assistance or advice.   2. Subsection 1 does not apply to a person who receives compensation other than reimbursement for out-of-pocket expenses for services in rendering the assistance or advice.   3. This section does not limit the liability of a person for damages resulting from the person’s gross negligence or reckless, wanton or intentional misconduct.  84 Acts, ch 1059, §1  Referred to in §459.506
IA Code § 455B.411 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES|Section 455B.411 - Definitions.

455B.411 Definitions.   As used in this part 5, unless the context otherwise requires:   1. “Disposal” means the discharge, deposit, injection, dumping, spilling, leaking, or placing of a hazardous waste or hazardous substance into or on land or water so that the hazardous waste or hazardous substance or a constituent of the hazardous waste or hazardous substance may enter the environment or be emitted into the air or discharged into any waters, including groundwaters.   2. “Hazardous substance” means a hazardous substance as defined in 42 U.S.C. §9601 of the federal Comprehensive Environmental Response, Compensation, and Liability Act and any element, compound, mixture, solution, or substance designated pursuant to  40 C.F.R. §302.4  .   3. a. “Hazardous waste” means a waste or combination of wastes that, because of its quantity, concentration, biological degradation, leaching from precipitation, or physical, chemical, or infectious characteristics, has either of the following effects:   (1) Causes, or significantly contributes to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness.   (2) Poses a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed. “Hazardous waste” may include but is not limited to wastes that are toxic, corrosive or flammable or irritants, strong sensitizers or explosives.   b. “Hazardous waste” does not include:   (1) Agricultural wastes, including manures and crop residues that are returned to the soil as fertilizers or soil conditioners.   (2) Source, special nuclear, or by-product material as defined in the Atomic Energy Act of 1954, as amended to January 1, 1979.   4. “Hazardous waste or hazardous substance disposal site” means real property which has been used for the disposal of hazardous waste or hazardous substances either illegally or prior to regulation as a hazardous waste or a hazardous substance under this part and any adjoining real property and groundwater affected by the disposal activities.  [C81, §455B.130; 81 Acts, ch 151, §1]  C83, §455B.411  84 Acts, ch 1108, §8; 84 Acts, ch 1157, §1; 84 Acts, ch 1158, §2; 86 Acts, ch 1025, §2, 3; 91 Acts, ch 155, §2; 2011 Acts, ch 9, §3  Referred to in §124C.1, 455B.191, 455B.301, 455B.304, 455B.381, 455B.482, 455B.751, 455F.1, 558.69, 716B.1
IA Code § 455B.412 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES|Section 455B.412 - Duties of the department.

455B.412 Duties of the department. Repealed by  2011 Acts, ch 9, §10  .
IA Code § 455B.413 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES|Section 455B.413 - Director’s duties.

455B.413 Director’s duties. Repealed by 2011 Acts, ch 9, §10.
IA Code § 455B.414 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES|Section 455B.414 - Hazardous waste notification.

455B.414 Hazardous waste notification. Repealed by 2011 Acts, ch 9, §10.
IA Code § 455B.415 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES|Section 455B.415 - Permit required.

455B.415 Permit required. Repealed by 2011 Acts, ch 9, §10.
IA Code § 455B.416 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES|Section 455B.416 - Inspections.

455B.416 Inspections. Repealed by 2011 Acts, ch 9, §10.
IA Code § 455B.417 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES|Section 455B.417 - Prohibited acts — penalties.

455B.417 Prohibited acts — penalties. Repealed by 2011 Acts, ch 9, §10.
IA Code § 455B.418 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES|Section 455B.418 - Enforcement.

455B.418 Enforcement. Repealed by 2011 Acts, ch 9, §10.
IA Code § 455B.419 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES|Section 455B.419 - Agricultural chemicals.

455B.419 Agricultural chemicals. Repealed by 2011 Acts, ch 9, §10.
IA Code § 455B.420 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES|Section 455B.420 - Rules.

455B.420 Rules. Repealed by 2011 Acts, ch 9, §10.
IA Code § 455B.421 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES|Section 455B.421 - Judicial review.

455B.421 Judicial review. Repealed by 2011 Acts, ch 9, §10.