reglab/statecodes huggingface dataset:
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455A - DEPARTMENT OF NATURAL RESOURCES › Section 455A.2 - Department of natural resources.

455A.2 Department of natural resources.
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 §7E.5, 16.131A, 455A.1, 455B.101, 455C.1, 455D.1, 455E.2, 455H.103, 455I.2, 455K.2, 456A.1, 456B.1, 458A.2, 459.102, 461A.1, 464A.1A, 465C.1, 483A.1A, 484C.1
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455A - DEPARTMENT OF NATURAL RESOURCES › Section 455A.3 - Director — qualifications.

455A.3 Director — qualifications.
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 capabilities. The director shall be knowledgeable in the general field of natural resource management and environmental protection. The salary of the director shall be fixed by the governor within salary guidelines or a range established by the general assembly.
86 Acts, ch 1245, §1803
Referred to in §455H.103
Confirmation, see §2.32
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455A - DEPARTMENT OF NATURAL RESOURCES › Section 455A.7 - Creation of divisions, bureaus, and other administrative entities — deputy director — administrators.

455A.7 Creation of divisions, bureaus, and other administrative entities — deputy director — administrators.
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 other administrative entities shall be implemented only after consultation with the natural resource commission or the environmental protection commission as applicable.
2. The director shall appoint a deputy director who shall be in charge of the department in the absence of the director. The appointment shall be based on the appointee’s training, experience, and capabilities.
3. The director shall appoint an administrator for each division created under subsection 1. The director shall make the appointment based on the appointee’s training, experience, and capabilities. Each administrator has the responsibility of administering the programs assigned the division under subsection 1 and other programs assigned by the director. Each administrator shall carry out the duties and responsibilities of office under the general direction and supervision of the director.
86 Acts, ch 1245, §1807; 91 Acts, ch 268, §233; 92 Acts, ch 1239, §21, 44, 45; 2000 Acts, ch 1160, §1; 2001 Acts, ch 7, §3; 2002 Acts, ch 1162, §42
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455A - DEPARTMENT OF NATURAL RESOURCES › Section 455A.9 - Fees — publications.

455A.9 Fees — publications.
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 duties.
2. Fees shall be based on the amount required to recover the reasonable costs of producing a publication, including costs relating to preparing, printing, publishing, and distributing the publication.
91 Acts, ch 268, §235; 2018 Acts, ch 1026, §141
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455A - DEPARTMENT OF NATURAL RESOURCES › Section 455A.10 - State fish and game protection fund — capital projects and contingencies.

455A.10 State fish and game protection fund — capital projects and contingencies.
Funds remaining in the state fish and game protection fund during a fiscal year which are not specifically appropriated by the general assembly are appropriated and may be used for capital projects and contingencies under the jurisdiction of the department relating to fish and wildlife arising during the fiscal year. A contingency shall not include any purpose or project which was presented to the general assembly by way of a bill or a proposed bill and which failed to be enacted into law. For the purpose of this section, a necessity of additional operating funds may be construed as a contingency. Before any of the funds authorized to be expended by this section are allocated for contingencies, it shall be determined by the executive council that a contingency exists and that the contingency was not existent while the general assembly was in session and that the proposed allocation shall be for the best interests of the state. If a contingency arises or could reasonably be foreseen during the time the general assembly is in session, expenditures for the contingency must be authorized by the general assembly.
91 Acts, ch 268, §610; 2002 Acts, ch 1162, §44
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455A - DEPARTMENT OF NATURAL RESOURCES › Section 455A.11 - Preferences in temporary employment.

455A.11 Preferences in temporary employment.
In its employment of persons in temporary positions in conservation and outdoor recreation, the department of natural resources shall give preference to persons meeting eligibility requirements for the green thumb program and to persons working toward an advanced education in natural resources and conservation.
96 Acts, ch 1214, §32; 98 Acts, ch 1100, §64
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455A - DEPARTMENT OF NATURAL RESOURCES › Section 455A.13 - State nurseries.

455A.13 State nurseries.
1. The department of natural resources shall annually review market conditions and the expenditures and revenues of the state forest nurseries, and establish minimum ordering quantities and a range of prices for plant material grown at the state forest nurseries to cover all expenses related to the growing of the plants. The department is authorized to sell plant material in other states. The department is authorized to sell barerooted plants to private nurseries for resale.
2. The department shall develop programs to encourage the wise management and preservation of existing woodlands and shall continue its efforts to encourage forestation and reforestation on private and public lands in the state.
3. The department shall encourage a cooperative relationship between the state forest nurseries and private nurseries in the state in order to achieve these goals.
97 Acts, ch 213, §27; 2010 Acts, ch 1193, §126; 2017 Acts, ch 55, §1
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455A - DEPARTMENT OF NATURAL RESOURCES › Section 455A.14 - Camping and rental facilities and other privileges — fees.

455A.14 Camping and rental facilities and other privileges — fees.
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 the department pursuant to this section shall be in such amounts as may be determined by the department to be reasonably competitive with fees established in other public parks or recreation areas that provide the same or similar privileges and are located within sixty miles of the perimeter of the state park or recreation area for which the department is establishing fees. Such fees may be increased, reduced, or waived by the department on a statewide basis or on the basis of an individual state park or recreation area for special promotional events or efforts or on the basis of special seasonal or holiday rates.
3. Fees established pursuant to this section shall be considered a specification of prices to be charged for goods or services as provided in section 17A.2, subsection 11, paragraph “g”.
4. The department shall adopt rules pursuant to chapter 17A for the purpose of setting forth the methodology to be used in establishing fees pursuant to this section.
5. The department shall prepare an annual report reviewing the fees established pursuant to this section. The report shall include information about fees and occupancy rates at each camping and rental facility in the state under the jurisdiction of the department, special promotional events or holiday rates for which fees were increased, reduced, or waived at those camping and rental facilities, and any recommendations for changes in fees or rules adopted pursuant to this section. The report shall be submitted to the senate standing committee on natural resources and environment and the house standing committee on natural resources by December 31 of each year.
2018 Acts, ch 1129, §1; 2019 Acts, ch 24, §58
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455A - DEPARTMENT OF NATURAL RESOURCES › Section 455A.14A - Lake Manawa state park user fee pilot program.

455A.14A Lake Manawa state park user fee pilot program.
1. A lake Manawa state park user fee pilot program is established within the department. Notwithstanding section 461A.35A, the department shall develop and administer the pilot program at lake Manawa state park as follows:
a. The department shall charge an entrance fee of five dollars per vehicle if the vehicle is operated by a nonresident of the state, which the nonresident operator shall pay.
b. A nonresident may pay a fee of forty dollars for a pass that grants daily entrance into the state park for the entire calendar year during which the pass was purchased. The nonresident may purchase a second pass for use for a different vehicle for the calendar year for fifteen dollars.
c. The department has the authority to charge separate fees to a resident and nonresident for park amenities. The department may also identify situations in which a reservation fee or other access fee will be accepted in lieu of the entrance fee established by this section or when the entrance fee established by this section will not be charged.
d. The department shall determine the most effective and efficient way to collect fees and provide proof of payment.
2. This section is repealed December 31, 2025.
2019 Acts, ch 95, §1; 2020 Acts, ch 1074, §55, 93; 2022 Acts, ch 1101, §1, 2, 6, 7
Referred to in §456A.14, 805.8C(14)
For applicable scheduled fine, see §805.8C, subsection 14
2022 amendments to this section apply to passes purchased on and after June 13, 2022; 2022 Acts, ch 1101, §7
An annual pass purchased before June 13, 2022, shall remain valid for one year after the date of purchase;
2022 Acts, ch 1101, §7
Subsection 1, paragraphs b and c amended
Subsection 2 amended
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455A - DEPARTMENT OF NATURAL RESOURCES › Section 455A.14B - Waubonsie state park user fee pilot program.

455A.14B Waubonsie state park user fee pilot program.
1. A Waubonsie state park user fee pilot program is established within the department. Notwithstanding section 461A.35A, the department shall develop and administer the pilot program at Waubonsie state park as follows:
a. The department shall charge an entrance fee of five dollars per vehicle if the vehicle is operated by a nonresident of the state, which the nonresident operator shall pay.
b. A nonresident may pay a fee of forty dollars for a pass that grants daily entrance into the state park for the entire calendar year during which the pass was purchased. The nonresident may purchase a second pass for use for a different vehicle for the calendar year for fifteen dollars.
c. The department has the authority to charge separate fees to a resident and nonresident for park amenities. The department may also identify situations in which a reservation fee or other access fee will be accepted in lieu of the entrance fee established by this section or when the entrance fee established by this section will not be charged.
d. The department shall determine the most effective and efficient way to collect fees and provide proof of payment.
2. This section is repealed December 31, 2025.
2019 Acts, ch 95, §2; 2020 Acts, ch 1074, §56, 93; 2022 Acts, ch 1101, §3, 4, 6, 7
Referred to in §456A.14, 805.8C(14)
For applicable scheduled fine, see §805.8C, subsection 14
2022 amendments to this section apply to passes purchased on and after June 13, 2022; 2022 Acts, ch 1101, §7
An annual pass purchased before June 13, 2022, shall remain valid for one year after the date of purchase; 2022 Acts, ch 1101, §7
Subsection 1, paragraphs b and c amended
Subsection 2 amended
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455A - DEPARTMENT OF NATURAL RESOURCES › Section 455A.15 - Legislative findings.

455A.15 Legislative findings.
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 resources. The state of Iowa has lost ninety-nine and nine-tenths percent of its prairies, ninety-eight percent of its wetlands, eighty percent of its woodlands, fifty percent of its topsoils, and more than one hundred species of wildlife since settlement in the early 1800’s. There has been a significant deterioration in the quality of Iowa’s surface waters and groundwaters.
3. The long-term effects of Iowa’s natural resource losses are not completely known or understood, but detrimental effects are already apparent. Prevention of further loss is therefore imperative.
4. The air, waters, soils, and biota of Iowa are interdependent and form a complex ecosystem. Iowans have the right to inherit this ecosystem in a sustainable condition, without severe or irreparable damage caused by human activities.
89 Acts, ch 236, §2
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455A - DEPARTMENT OF NATURAL RESOURCES › Section 455A.16 - State resource enhancement policy.

455A.16 State resource enhancement policy.
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 use and protect Iowa’s natural resources through the acquisition and management of public lands; the upgrading of public park and preserve facilities; environmental education, monitoring, and research; and other environmentally sound means. The resource enhancement program shall strongly encourage Iowans to develop a conservation ethic, and to make necessary changes in our activities to develop and preserve a rich and diverse natural environment.
89 Acts, ch 236, §3
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455A - DEPARTMENT OF NATURAL RESOURCES › Section 455A.17 - Iowa congress on resources enhancement and protection.

455A.17 Iowa congress on resources enhancement and protection.
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 arrangements to hold an assembly in each council of governments area of persons having an interest in resources enhancement and protection. The department shall promote attendance of interested persons at each assembly. The director shall call each assembly and serve as temporary chairperson. The department shall provide those attending with information regarding resource enhancement and protection expenditures. The assemblies shall identify opportunities for regional resource enhancement and protection and review and recommend changes in resource enhancement and protection policies, programs, and funding. The persons meeting at each assembly shall elect five persons as delegates to the congress on resources enhancement and protection.
3. The delegates to the congress on resources enhancement and protection shall organize, discuss, and make recommendations to the governor, the general assembly, and the natural resource commission regarding issues concerning resources enhancement and protection. The director shall call the congress and serve as temporary chairperson. The delegates are entitled to a per diem as specified in section 7E.6 for expenses of office while attending the congress.
4. The expenses of the department in making the arrangements for and the conducting of the council of governments area assemblies and the congress on resources enhancement and protection and the per diem for expenses of the delegates at the congress shall be paid from the funds appropriated for this purpose.
89 Acts, ch 236, §4; 91 Acts, ch 258, §53; 2007 Acts, ch 28, §1
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455A - DEPARTMENT OF NATURAL RESOURCES › Section 455A.18 - Iowa resources enhancement and protection fund — audits.

455A.18 Iowa resources enhancement and protection fund — audits.
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 allocated to the various accounts as provided under section 455A.19. The director shall certify before the twentieth of each month the portions of the fund resulting from the previous month’s receipts to be allocated to the various accounts.
2. The auditor of state or a certified public accountant firm appointed by the auditor of state shall conduct annual audits of all accounts and transactions of the fund.
3. a. For each fiscal year of the fiscal period beginning July 1, 1997, and ending June 30, 2026, there is appropriated from the general fund, to the Iowa resources enhancement and protection fund, the amount of twenty million dollars, to be used as provided in this chapter. However, in any fiscal year of the fiscal period, if moneys from the lottery are appropriated by the state to the fund, the amount appropriated under this subsection shall be reduced by the amount appropriated from the lottery.
b. Section 8.33 does not apply to moneys appropriated under this subsection.
4. Notwithstanding section 12C.7, interest or earnings on investments or time deposits of the moneys in the Iowa resources enhancement and protection fund or any of its accounts shall be credited to the Iowa resources enhancement and protection fund.
89 Acts, ch 236, §5; 89 Acts, ch 311, §9; 90 Acts, ch 1255, §22; 91 Acts, ch 260, §1232, 1233; 94 Acts, ch 1198, §46; 96 Acts, ch 1214, §31; 2011 Acts, ch 25, §143; 2020 Acts, ch 1121, §80; 2021 Acts, ch 143, §39
Referred to in §12.61, 321.34, 455A.1, 455A.19, 461.35
Special fees from natural resources vehicle registration plates; see §321.34
See Iowa Acts for special provisions relating to appropriation of funds in a given fiscal year
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455A - DEPARTMENT OF NATURAL RESOURCES › Section 455A.21 - Conservation education program board.

455A.21 Conservation education program board.
1. A conservation education program board is created in the department. The board shall have five members appointed as follows:
a. One member appointed by the director of the department of education.
b. One member appointed by the director of the department of natural resources.
c. One member appointed by the president of the Iowa association of county conservation boards.
d. One member appointed by the president of the Iowa association of naturalists.
e. One member appointed by the president of the Iowa conservation education council.
2. Section 69.16 does not apply to appointments made pursuant to this section.
3. The duties of the board are to revise and produce conservation education materials and to specify stipends to Iowa educators who participate in innovative conservation education programs approved by the board. The board shall allocate the funds provided for under section 455A.19, subsection 1, for the educational materials and stipends.
4. The department shall administer the funds allocated to the conservation education program as provided in this section.
2002 Acts, ch 1140, §39
Referred to in §455A.19
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.101 - Definitions.

455B.101 Definitions.
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 commission created under section 455A.6.
[C66, §455B.2(10); C71, §136B.2(6), 455B.2(10), 455C.1(2); C73, 75, 77, §455B.1, 455B.10(6), 455B.30(11), 455B.50(2), 455B.67(2), 455B.75(5), 455B.85(4), 455B.95(3); C79, §455B.1, 455B.10(6), 455B.30(11), 455B.50(2), 455B.67(2), 455B.75(5), 455B.85(4), 455B.95(3), 455B.110(7); C81, §455B.1; 82 Acts, ch 1199, §1, 96]
C83, §455B.101
86 Acts, ch 1245, §1884
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.104 - Departmental duties.

455B.104 Departmental duties.
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 period shall be approved by default. The department shall issue a permit to the applicant within ten days following the date of default approval. However, this subsection shall not apply to applications for permits which are issued under subchapter II or subchapter IV, parts 2 through 5.
2. The department shall assist persons applying for assistance to establish and operate renewable fuel production facilities pursuant to section 15.335B.
3. The department may periodically forward recommendations to the commission designed to encourage the reduction of statewide greenhouse gas emissions.
4. By December 31 of each year, the department shall submit a report to the governor and the general assembly regarding the greenhouse gas emissions in the state during the previous calendar year and forecasting trends in such emissions. The first submission by the department shall be filed by December 31, 2011, for the calendar year beginning January 1, 2010.
93 Acts, ch 176, §44; 94 Acts, ch 1119, §30; 98 Acts, ch 1209, §10, 53; 2002 Acts, ch 1137, §68, 71
; 2002 Acts, 2nd Ex, ch 1003, §260, 262
; 2009 Acts, ch 123, §31; 2010 Acts, ch 1031, §258; 2010 Acts, ch 1193, §54; 2011 Acts, ch 9, §2; 2011 Acts, ch 118, §86, 89; 2012 Acts, ch 1126, §25; 2021 Acts, ch 76, §150
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.107 - Warrants by director of department of administrative services.

455B.107 Warrants by director of department of administrative services.
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 of natural resources.
[C73, 75, 77, 79, 81, §455B.8]
C83, §455B.107
86 Acts, ch 1245, §1899; 2003 Acts, ch 145, §286; 2004 Acts, ch 1101, §62
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.108 - Office facilities.

455B.108 Office facilities.
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
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.110 - Administrative appeal orders — deadline.

455B.110 Administrative appeal orders — deadline.
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 frame established in this section. If the appeal is not received within the applicable time frame, the appeal is not timely and the order is final agency action.
2. For a person that holds a permit issued by the department, an appeal must be received by the director within sixty days of the issuance of the order to the address of the person identified in the permit and the address of the responsible party listed in the permit, if any.
3. For a person that is required to maintain a registered agent or a registered office in the state and does not hold a permit issued by the department, an appeal must be received by the director within sixty days of the issuance of the order to the official registered agent address on file with the secretary of state.
4. For any other person, an appeal must be received by the director within sixty days of issuance to the last known address.
5. The director or the department shall provide a copy of the order by ordinary mail or electronic mail to the person’s attorney if the attorney has been identified to the department as representing the person.
6. For the purposes of this section, the date of issuance of an order by the director or the department is the postmarked date that the order is sent by the department to the registered agent or party by certified mail. For the purposes of this section, the date of receipt by the director is the postmarked date that the appeal was sent to the director.
2019 Acts, ch 97, §1
Referred to in §455B.138, 455B.175, 455B.279, 455B.308, 455B.476, 455D.23, 458A.11
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.111 - Citizen actions.

455B.111 Citizen actions.
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; chapter 459, subchapters I, II, III, IV, and VI; chapter 459A; chapter 459B; or a rule adopted pursuant to this chapter; chapter 459, subchapters I, II, III, IV, and VI; chapter 459A; or chapter 459B.
b. The director, the commission, or any official or employee of the department where there is an alleged failure to perform any act or duty under this chapter; chapter 459, subchapters I, II, III, IV, and VI; chapter 459A; chapter 459B; or a rule adopted pursuant to this chapter; chapter 459, subchapters I, II, III, IV, and VI; chapter 459A; or chapter 459B, which is not a discretionary act or duty.
2. An action shall not be commenced pursuant to subsection 1, paragraph “a”, unless the person commencing the action has provided the director and the alleged violator with a written notice at least sixty days prior to commencing the action. The written notice shall specify the nature of the violation and that legal action is contemplated under this section if the violation is not abated and, if necessary, remedial action is not taken. The state may intervene in such an action as a matter of right. In addition, an action shall not be commenced pursuant to subsection 1, paragraph “a”, if the department or the state has commenced and is actively prosecuting a civil action or is actively negotiating an out-of-court settlement to require abatement of the violation and, if necessary, remediation of damages. However, any person may intervene as a matter of right in such an action.
3. A person shall have standing to commence an action pursuant to subsection 1 or to intervene in an action pursuant to subsection 2 if the person is adversely affected by the alleged violation or the alleged failure to perform a duty or act.
4. In an action commenced pursuant to subsection 1, the court may award costs of litigation, including reasonable attorney and expert witness fees, to any party.
5. This section does not restrict any right under statutory or common law of a person or class of person to seek enforcement of provisions of this chapter; chapter 459, subchapters I, II, III, IV, and VI; chapter 459A; chapter 459B; or a rule adopted pursuant to this chapter; chapter 459, subchapters I, II, III, IV, and VI; chapter 459A; or chapter 459B; or seek other relief permitted under the law.
86 Acts, ch 1245, §1888; 2005 Acts, ch 136, §26, 27; 2009 Acts, ch 155, §25, 26, 34
Referred to in §455K.8
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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 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, 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; 2021 Acts, ch 76, §150
2023 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
2023 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 subchapter 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 this subchapter II or chapter 459, subchapter II, or of any rules promulgated under this subchapter II or chapter 459, subchapter II, 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; 2021 Acts, ch 76, §150; 2021 Acts, ch 80, §281
Referred to in §455B.134, 455B.138
2023 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 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 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; 2021 Acts, ch 76, §79
Referred to in §455B.149
2023 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
2023 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 chapter 17A, 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; 2021 Acts, ch 76, §80
2023 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
2023 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 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 section 455B.141.
[C71, §136B.12; C73, 75, 77, 79, 81, §455B.21]
C83, §455B.142
2021 Acts, ch 76, §150
2023 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 all of the following:
a. The emissions occurring or proposed to occur do not endanger or tend to endanger human health or safety or property.
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; 2021 Acts, ch 76, §81
2023 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
2023 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 subchapter II may provide civil penalties consistent with the amount established for such penalties under this subchapter II.
[C71, §136B.16; C73, 75, 77, 79, 81, §455B.25]
C83, §455B.146
86 Acts, ch 1245, §1899, 1899B; 91 Acts, ch 251, §1; 2021 Acts, ch 76, §83
Referred to in §29C.8A