reglab/housing_qa huggingface dataset:
IA Code § 455B.112 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES|Section 455B.112 - Actions by attorney general.

455B.112 Actions by attorney general.   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, including an action for injunction, to enforce the provisions of this chapter; chapter 459, subchapters I, II, III, IV, and VI; chapter 459A; or chapter 459B, including orders or permits issued or rules adopted under this chapter; chapter 459, subchapters I, II, III, IV, and VI; chapter 459A; or chapter 459B.  86 Acts, ch 1245, §1889; 2005 Acts, ch 136, §28; 2009 Acts, ch 155, §27, 34  Referred to in §455H.508
IA Code § 455B.112A (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES|Section 455B.112A - Environmental crimes investigation and prosecution fund.

455B.112A Environmental crimes investigation and prosecution fund.   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 judgment in an environmental criminal case.   2. For each fiscal year not more than twenty thousand dollars is appropriated from the fund to the department of justice to be used for the investigation and prosecution of environmental crimes, including the reimbursement of expenses incurred by county, municipal, and other local government agencies cooperating with the attorney general in the investigation and prosecution of environmental crimes.   3. Not more than twenty thousand dollars shall be credited to the fund in a fiscal year and any moneys in excess of this amount shall be credited to the general fund of the state.   4. Notwithstanding section 8.33, moneys credited to the fund shall not revert to any other fund. Notwithstanding section 12C.7, interest or earnings deposited in the fund shall be credited to the fund.  2007 Acts, ch 213, §22
IA Code § 455B.113 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES|Section 455B.113 - Certification of laboratories.

455B.113 Certification of laboratories.   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; chapter 459, subchapters I, II, III, IV, and VI; or chapter 459A, or by permits or orders issued under this chapter; chapter 459, subchapters I, II, III, IV, and VI; or chapter 459A.   2. a. The commission shall adopt rules regarding content of laboratory certification application forms, which shall be furnished by the department.   b. The commission shall adopt rules regarding reciprocity agreements with other states that have equivalent laboratory certification requirements.   3. The director may charge a fee for processing of an application. The application fee is nonrefundable. In establishing the fee, the director shall take into account the administrative costs incurred and the cost of enforcement of this section. Fees collected shall be retained by the department.   4. A laboratory shall submit an application, every other year, accompanied by the fee determined by the director.  88 Acts, ch 1120, §1; 2005 Acts, ch 136, §29; 2011 Acts, ch 25, §143
IA Code § 455B.114 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES|Section 455B.114 - Laboratory certificates.

455B.114 Laboratory certificates.   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 shall indicate the analytical parameters and procedures which the laboratory is certified to conduct.   2. The director may suspend or revoke the certificate of competency of a laboratory upon determination of the director that the laboratory no longer fulfills the requirements for certification.  88 Acts, ch 1120, §2
IA Code § 455B.115 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES|Section 455B.115 - Analysis by certified laboratory required.

455B.115 Analysis by certified laboratory required.   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 459A shall be conducted by a laboratory certified by the director as having the necessary competence, equipment, and capabilities to perform the analysis. Analytical results from laboratories not certificated shall not be accepted by the director.  88 Acts, ch 1120, §3; 2005 Acts, ch 136, §30
IA Code § 455B.116 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES|Section 455B.116 - Pollution hotline program.

455B.116 Pollution hotline program. Repealed by 2011 Acts, ch 9, §10.
IA Code § 455B.117 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES|Section 455B.117 - Results of environmental tests — public records.

455B.117 Results of environmental tests — public records.   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 records pursuant to chapter 22.   2. A government body shall not be required to provide such test results to any person under this section until the agency head and agency’s governing body have received a copy of the test results. A government body shall not be required to provide such test results if the confidentiality of such information is protected pursuant to section 22.7. However, following receipt of test results by an agency head and the agency’s governing body, the agency head or agency’s governing body shall not take action regarding such test results unless the test results have been made public knowledge for a period of not less than seven days.  89 Acts, ch 242, §1; 2018 Acts, ch 1041, §127
IA Code § 455B.132 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES|Section 455B.132 - Executive agency.

455B.132 Executive agency.   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
IA Code § 455B.133A (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES|Section 455B.133A - Small business stationary source technical and environmental compliance assistance program.

455B.133A Small business stationary source technical and environmental compliance assistance program.   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, 455B.151
IA Code § 455B.135 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES|Section 455B.135 - Limit on authority.

455B.135 Limit on authority.   Nothing contained in this division 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, works, or shops under the jurisdiction of chapters 88 and 91; or to affect the relations between employers and employees with respect to, or arising out of, any condition of air pollution.  [C71, §136B.6; C73, 75, 77, 79, 81, §455B.14]  C83, §455B.135  86 Acts, ch 1245, §1899, 1899B
IA Code § 455B.136 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES|Section 455B.136 - Assistance on demand.

455B.136 Assistance on demand.   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 reimburse such agencies for special expense resulting from expenditures not normally a part of the operating expenses of any such agency.  [C71, §136B.7; C73, 75, 77, 79, 81, §455B.15]  C83, §455B.136  86 Acts, ch 1245, §1899, 1899B
IA Code § 455B.137 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES|Section 455B.137 - Privileged information.

455B.137 Privileged information.   Information received by the department or any employees of the department through filed reports, inspections, or as otherwise authorized in this division II or chapter 459, subchapter II, concerning trade secrets, secret industrial processes, or other privileged communications, except emission data, shall not be disclosed or opened to public inspection, except as may be necessary in a proceeding concerning a violation of said division or of any rules promulgated thereunder, or as otherwise authorized or ordered by appropriate court action or proceedings. Nothing in this section shall be construed to prevent the director from compiling or publishing analyses or summaries relating to the general condition of the atmosphere; provided that such analyses or summaries do not reveal any information otherwise confidential under this section.  [C71, §136B.8; C73, 75, 77, 79, 81, §455B.16]  C83, §455B.137  86 Acts, ch 1245, §1899B; 2020 Acts, ch 1063, §240  Referred to in §455B.134, 455B.138  Section amended
IA Code § 455B.138 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES|Section 455B.138 - Resolution of violations — appeal.

455B.138 Resolution of violations — appeal.   1. When the director has evidence that a violation of any provision of division II of this chapter or chapter 459, subchapter II, or rule, standard, or permit established or issued under division II or chapter 459, subchapter II, has occurred, the director shall notify the alleged violator and, by informal negotiation, attempt to resolve the problem. If the negotiations fail to resolve the problem within a reasonable period of time, the director shall issue an order directing the violator to prevent, abate, or control the emissions or air pollution involved. The order shall prescribe the date by which the violation shall cease and may prescribe timetables for necessary action to prevent, abate, or control the emissions of air pollution. The order may be appealed to the commission. The applicable time frames for the issuance and appeal of the order are defined in section 455B.110.   2. After the hearing on appeal, the commission may affirm, modify, or rescind the order of the director.   3. The director shall keep a complete record of the hearings and proceeding and the record shall be open to public inspection, subject to section 455B.137. Upon request, a copy of the transcript shall be furnished to the violator or alleged violator at the violator’s or alleged violator’s expense.   4. An appeal to the commission under this section shall be conducted as a contested case under chapter 17A.  [C71, §136B.9; C73, 75, 77, 79, 81, §455B.17]  C83, §455B.138  86 Acts, ch 1245, §1899; 2019 Acts, ch 97, §2  Referred to in §455B.149
IA Code § 455B.139 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES|Section 455B.139 - Emergency orders.

455B.139 Emergency orders.   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 reduce or discontinue immediately the emission of air contaminants. A copy of the emergency order shall be served by personal service. An emergency order issued by the director may be appealed to the commission. After hearing on appeal, the commission may affirm, modify, or rescind the order of the director.  [C71, §136B.9(5); C73, 75, 77, 79, 81, §455B.18]  C83, §455B.139  86 Acts, ch 1245, §1899  Section not amended; editorial change applied
IA Code § 455B.140 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES|Section 455B.140 - Judicial review.

455B.140 Judicial review.   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 said Act, petitions for judicial review may be filed in the district court of the county in which the alleged offense was committed.  [C71, §136B.10; C73, 75, 77, 79, 81, §455B.19]  C83, §455B.140  86 Acts, ch 1245, §1899; 2003 Acts, ch 44, §114
IA Code § 455B.141 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES|Section 455B.141 - Legal action.

455B.141 Legal action.   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 protect the public health or property, the attorney general, at the request of the director, shall commence legal action, in the name of the state, for an injunction to prevent any further or continued violation of such rule or order.  [C71, §136B.11; C73, 75, 77, 79, 81, §455B.20]  C83, §455B.141  86 Acts, ch 1245, §1899; 91 Acts, ch 255, §14  Referred to in §455B.142
IA Code § 455B.142 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES|Section 455B.142 - Burden of proof.

455B.142 Burden of proof.   In all proceedings with respect to any alleged violation of the provisions of this division 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 section 455B.141.  [C71, §136B.12; C73, 75, 77, 79, 81, §455B.21]  C83, §455B.142
IA Code § 455B.143 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES|Section 455B.143 - Variance.

455B.143 Variance.   Any person who owns or operates any plant, building, structure, process, or equipment may apply for a variance from the rules or standards adopted by the department by filing an application with the department. The application shall be accompanied by such information and data required by the department.   1. The director shall promptly investigate the application and approve or disapprove the application. The director may grant a variance if the director finds that:   a. The emissions occurring or proposed to occur do not endanger or tend to endanger human health or safety or property; and   b. Compliance with the rules or standards from which the variance is sought will produce serious hardship without equal or greater benefits to the public.   2. The applicant may request a review hearing before the department if the application is denied.   3. In determining under what conditions and to what extent a variance may be granted, the director shall give due recognition to the progress which the applicant has made toward eliminating or preventing air pollution. In such a case, the director shall consider the reasonableness of the request, conditioned upon such applicant effecting a partial abatement of the particular air pollution within a reasonable period of time, or the director may prescribe other requirements with which such applicant shall comply.   4. The director may grant a variance for a specified period of time, not exceeding one year, and the director may further specify that the applicant make periodic reports specifying the progress that has been made toward compliance with any rule for which the variance was granted. A variance may be extended from year to year by affirmative action of the director.   5. The director shall maintain a record of each variance granted specifying the reasons for its issuance or extension.  [C71, §136B.13; C73, 75, 77, 79, 81, §455B.22]  C83, §455B.143  86 Acts, ch 1245, §1899, 1899B
IA Code § 455B.144 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES|Section 455B.144 - Local control program.

455B.144 Local control program.   1. Any political subdivision may conduct an air pollution control program within the boundaries of its jurisdiction, or may jointly conduct an air pollution control program with other political subdivisions of this state or of other states, except that every joint program shall be established and administered as provided in chapter 28E. In conducting such programs, political subdivisions may adopt and enforce rules or standards to secure and maintain adequate air quality within their respective jurisdictions.   2. If the board of supervisors in any county establishes an air pollution control program and has obtained a certificate of acceptance, the agency implementing the program may regulate air pollution within the county including any incorporated areas therein until such incorporated areas obtain a certificate of acceptance as a joint or separate agency.  [C71, §136B.14; C73, 75, 77, 79, 81, §455B.23]  C83, §455B.144  Referred to in §331.382
IA Code § 455B.146 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES|Section 455B.146 - Civil action for compliance — local program actions.

455B.146 Civil action for compliance — local program actions.   If any order, permit, or rule of the department is being violated, the attorney general shall, at the request of the department or the director, institute a civil action in any district court for injunctive relief to prevent any further violation of the order, permit, or rule, or for the assessment of a civil penalty as determined by the court, not to exceed ten thousand dollars per day for each day such violation continues, or both such injunctive relief and civil penalty. Notwithstanding sections 331.302 and 331.307, a city or county which maintains air pollution control programs authorized by certificate of acceptance under this division may provide civil penalties consistent with the amount established for such penalties under this division.  [C71, §136B.16; C73, 75, 77, 79, 81, §455B.25]  C83, §455B.146  86 Acts, ch 1245, §1899, 1899B; 91 Acts, ch 251, §1  Referred to in §29C.8A
IA Code § 455B.147 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES|Section 455B.147 - Failure — procedure.

455B.147 Failure — procedure.   If the director fails to take action within sixty days after an application for a variance is made, or if the department fails to enter a final order or determination within sixty days after the final argument in hearing on appeal, the person seeking the action may treat the failure to act as a grant of the requested variance, or of a finding favorable to the respondent in hearing on appeal, as the case may be.  [C71, §136B.17; C73, 75, 77, 79, 81, §455B.26]  C83, §455B.147  86 Acts, ch 1245, §1899, 1899B; 93 Acts, ch 137, §6; 2014 Acts, ch 1010, §6
IA Code § 455B.150 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES|Section 455B.150 - Compliance advisory panel — creation.

455B.150 Compliance advisory panel — creation.   A compliance advisory panel is created, pursuant to Tit. V, section 507(e) of the federal Clean Air Act Amendments of 1990, 42 U.S.C. §7661f.   1. Appointment to the compliance advisory panel shall be as follows:   a. Two persons shall be appointed by the governor.   (1) Each person shall represent the general public and have an interest in air quality issues. The person shall not be an owner or represent an owner of a small business stationary source.   (2) The person shall serve for a four-year term and may be reappointed. A term of office shall begin and end as provided in section 69.19.   (3) An appointment shall comply with sections 69.16 and 69.16A. In addition, the appointments shall be geographically balanced.   b. Four persons appointed by the leadership of the general assembly.   (1) The persons, who shall not be members of the general assembly, shall be appointed as follows:   (a) One person by the majority leader of the senate after consultation with the president of the senate, and one person by the minority leader of the senate.   (b) One person by the speaker of the house of representatives after consultation with the majority leader, and one person by the minority leader of the house of representatives.   (2) Each person shall be an owner of a small business stationary source or shall represent an owner of a small business stationary source.   (3) Each person shall serve for a term as provided in section 69.16B and may be reappointed.   c. The director or the director’s designee who shall serve for a term of four years.   2. A vacancy shall be filled for the unexpired term by the original appointing authority in the manner of the original appointment.   3. The members are entitled to receive a per diem as specified in section 7E.6 for each day spent in performance of duties of members, and shall be reimbursed for all actual necessary expenses incurred in the performance of duties as members. Per diem and expenses shall be paid from moneys deposited in the air contaminant source fund created pursuant to section 455B.133B.   4. The compliance advisory panel shall elect a chairperson and may elect a vice chairperson or other officers from among its members as provided by its rules. The panel shall meet on a regular basis, but at least once each six months, and at the call of the chairperson or upon the written request to the chairperson of three or more members.   5. The department shall staff the compliance advisory panel and provide the panel with space to conduct its meetings, clerical assistance, and necessary supplies and equipment.  93 Acts, ch 137, §7; 2008 Acts, ch 1105, §4; 2009 Acts, ch 106, §13, 14  Referred to in §455B.151