reglab/statecodes huggingface dataset:
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.427 - Annual report on hazardous waste or hazardous substance disposal sites.

455B.427 Annual report on hazardous waste or hazardous substance disposal sites.
1. The director shall annually on January 1 transmit a report to the general assembly and the governor identifying all hazardous waste or hazardous substance disposal sites in the state listed on the registry. A copy of the report shall also be sent to the board of supervisors of every county containing a site.
2. The annual report shall include, but is not limited to, the following information for each site:
a. A general description of the site, including the name and address of the site, the type and quantity of the hazardous waste or hazardous substance disposed of at the site and the name of the current owners of the site.
b. A summary of significant environmental problems at or near the site.
c. A summary of serious health problems in the immediate vicinity of the site and health problems deemed by the director in cooperation with the Iowa department of public health to be related to conditions at the site.
d. The status of testing, monitoring, or remedial actions in progress or recommended by the director.
e. The status of pending legal actions and federal, state, or local government permits concerning the site.
f. The relative priority for remedial action at each site.
g. The proximity of the site to private residences, public buildings or property, school facilities, places of work, or other areas where individuals may be regularly present.
3. In developing and maintaining the annual report, the director shall assess the relative priority of the need for action at each site to remedy environmental and health problems resulting from the presence of hazardous wastes or hazardous substances at the sites. In making assessments of relative priority, the director, in cooperation with the Iowa department of public health on matters relating to public health, shall place every site in one of the following classifications:
a. Causing or presenting an imminent danger of causing irreversible or irreparable damage to the public health or environment — immediate action required.
b. Significant threat to the environment — action required.
c. Not a significant threat to the public health or environment — action may be deferred.
d. Site properly closed — requires continued management.
e. Site properly closed, no evidence of present or potential adverse impact — no further action required.
4. A site classified as properly closed under subsection 3, paragraph “e”, shall be removed from all subsequent annual reports and the register of hazardous waste or hazardous substance disposal sites.
5. The director shall work with the Iowa department of public health when assessing the effects of a hazardous waste or hazardous substance disposal site on human health.
84 Acts, ch 1108, §13; 86 Acts, ch 1025, §8; 86 Acts, ch 1245, §1899; 91 Acts, ch 155, §8
Referred to in §455B.426, 455B.431, 455B.432
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.428 - Investigation of sites.

455B.428 Investigation of sites.
1. The director shall investigate each hazardous waste or hazardous substance disposal site listed in the registry to determine its relative priority.
2. The director shall identify each hazardous waste or hazardous substance disposal site by providing all of the following:
a. The address and site boundaries.
b. The time period of use for disposal of hazardous waste or hazardous substances.
c. The name of the current owner and operator and names of reported owners and operators during the time period of use for disposal of hazardous waste or hazardous substances.
d. The names of persons responsible for the generation and transportation of the hazardous waste or hazardous substances disposed of at the site.
e. The type, quantity and manner of hazardous waste or hazardous substances disposal.
3. When preliminary evidence suggests further assessment is necessary, the director may assess any of the following:
a. The depth of the water table at the site.
b. The nature of soils at the site.
c. The location, nature, and size of aquifers at the site.
d. The direction of present and historic groundwater flows at the site.
e. The location and nature of surface waters at and near the site.
f. The levels of contaminants in groundwater, surface water, air, and soils at and near the site resulting from hazardous wastes or hazardous substances disposed of at the site.
g. The current quality of all drinking water drawn from or distributed through the area in which the site is located, if the director determines that water quality may have been affected by the site.
4. The director shall maintain a site assessment file for each site listed in the registry. The file shall contain all information obtained pursuant to this section and shall be open to the public. Information in the file may be reproduced by any person at a charge not to exceed the actual cost of reproduction for copies of file information.
84 Acts, ch 1108, §14; 86 Acts, ch 1025, §9; 86 Acts, ch 1245, §1899; 91 Acts, ch 155, §9
Referred to in §455B.426, 455B.432
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.429 - Notification to owners — appeals.

455B.429 Notification to owners — appeals.
1. Within sixty days after July 1, 1984, the director shall notify the owner of any part of a site to be included in the registry required by section 455B.426. The notice shall be sent by certified mail to the owner’s last known address. Thirty days before a site is added to the registry, the director shall notify the owner of any part of the site by certified mail of the proposed addition to the registry. The notice shall be sent by certified mail to the owner’s last known address.
2. An owner or operator of a site proposed for listing in the registry or listed in the registry pursuant to section 455B.426, may petition the director for deletion of the site, modification of the site classification, or modification of any information regarding the site. A site shall not be listed on the registry until a final determination has been made on any appeal initiated under this section. An appeal is a contested case for the purposes of chapter 17A.
3. Within ninety days after the submission of an appeal, the department shall conduct a hearing to review the determination. At least thirty days prior to the hearing the department shall publish a notice of hearing in a newspaper of general circulation in the county in which the site is located. The department shall also notify in writing the owner or operator of the site at least thirty days prior to the hearing.
4. At least thirty days following the hearing, the department shall provide the owner or operator with a written determination accompanied by reasons for the determination on the appeal.
5. Within ten days of a determination, the director shall notify the local governments with jurisdiction over the site whenever a change is made in the registry pursuant to this section.
84 Acts, ch 1108, §15; 86 Acts, ch 1245, §1899
Referred to in §455B.426, 455B.430, 455B.432
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.430 - Use and transfer of sites — penalty — financial disclosure.

455B.430 Use and transfer of sites — penalty — financial disclosure.
1. A person shall not substantially change the manner in which a hazardous waste or hazardous substance disposal site on the registry pursuant to section 455B.426 is used without the written approval of the director.
2. A person shall not sell, convey, or transfer title to a hazardous waste or hazardous substance disposal site which is on the registry pursuant to section 455B.426 without the written approval of the director. The director shall respond to a request for a change of ownership within thirty days of its receipt.
3. Decisions of the director concerning the use or transfer of a hazardous waste or hazardous substance disposal site may be appealed in the manner provided in section 455B.429.
4. If the director has reason to believe this section has been violated, or is in imminent danger of being violated, the director may institute a civil action in district court for injunctive relief to prevent the violation and for the assessment of a civil penalty not to exceed one thousand dollars per day for each day of violation. Moneys collected under this subsection shall be deposited in the remedial fund.
5. Immediately upon the listing of real property in the registry of hazardous waste or hazardous substance disposal sites, a person liable for cleanup costs shall submit to the director a report consisting of documentation of the responsible person’s liabilities and assets, including if filed, a copy of the biennial report submitted to the secretary of state pursuant to section 490.1621. A subsequent report pursuant to this section shall be submitted annually on April 15 for the period the site remains on the registry.
84 Acts, ch 1108, §16; 86 Acts, ch 1025, §10; 86 Acts, ch 1245, §1899; 86 Acts, ch 1115, §3; 90 Acts, ch 1205, §13; 91 Acts, ch 155, §10; 2021 Acts, ch 165, §221, 230
Referred to in §455B.426, 455B.432
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.431 - Recording of site designation.

455B.431 Recording of site designation.
When the director places a site on the registry as provided in section 455B.426, then the director shall file with the county recorder a statement disclosing the period during which the site was used as a hazardous waste or hazardous substances disposal area. When the director finds that a site on the registry has been properly closed under section 455B.427, subsection 3, paragraph “e”, with no evidence of potential adverse impact, this finding shall be filed with the county recorder. The finding shall state that the director’s finding does not warrant to a future purchaser of the site that the site will be free from any future adverse impacts as a result of use of the site as a hazardous waste or hazardous substances disposal site.
84 Acts, ch 1108, §17; 86 Acts, ch 1025, §11; 86 Acts, ch 1245, §1899
Referred to in §455B.426, 455B.432
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.432 - Liability.

455B.432 Liability.
Acts or omissions of the director or the department in carrying out the duties imposed by sections 455B.423 through 455B.431 shall not be cause for a claim against the state within the meaning of chapter 669.
84 Acts, ch 1108, §18; 86 Acts, ch 1245, §1899
Referred to in §455B.426
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.472 - Declaration of policy.

455B.472 Declaration of policy.
The general assembly finds that the release of regulated substances from underground storage tanks constitutes a threat to the public health and safety and to the natural resources of the state, and that existing regulatory programs of the department and other agencies do not adequately or appropriately address this substantial public concern.
85 Acts, ch 162, §2
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.474A - Rules consistent with federal regulations.

455B.474A Rules consistent with federal regulations.
The rules adopted by the commission under section 455B.474 shall be consistent with and shall not exceed the requirements of federal regulations relating to the regulation of underground storage tanks except as provided in section 455B.474, subsection 1, paragraph “a”, subparagraph (6), and section 455B.474, subsection 3, paragraph “d”. It is the intent of the general assembly that state rules adopted pursuant to section 455B.474, subsection 1, paragraph “a”, subparagraph (6), and section 455B.474, subsection 3, paragraph “d”, be consistent with and not more restrictive than federal regulations adopted by the United States environmental protection agency when those rules are adopted.
2010 Acts, ch 1069, §58; 2011 Acts, ch 25, §139; 2013 Acts, ch 30, §101
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.475 - Duties and powers of the director.

455B.475 Duties and powers of the director.
The director shall:
1. Inspect and investigate the facilities and records of owners and operators of underground storage tanks as may be necessary to determine compliance with this part and the rules adopted pursuant to this part. An inspection or investigation shall be concluded subject to section 455B.103, subsection 4. For purposes of developing a rule, maintaining an accurate inventory or enforcing this part, the department may:
a. Enter at reasonable times any establishment or other place where an underground storage tank is located.
b. Inspect and obtain samples from any person of a regulated substance and conduct monitoring or testing of the tanks, associated equipment, contents or surrounding soils, air, surface water and groundwater. Each inspection shall be commenced and completed with reasonable promptness.
(1) If the director obtains a sample, prior to leaving the premises, the director shall give the owner, operator, or agent in charge a receipt describing the sample obtained and if requested a portion of each sample equal in volume or weight to the portion retained. If the sample is analyzed, a copy of the results of the analysis shall be furnished promptly to the owner, operator, or agent in charge.
(2) Documents or information obtained from a person under this subsection shall be available to the public except as provided in this subparagraph. Upon a showing satisfactory to the director by a person that public disclosure of documents or information, or a particular part of the documents or information to which the director has access under this subsection would divulge commercial or financial information entitled to protection as a trade secret, the director shall consider the documents or information or the particular portion of the documents or information confidential. However, the document or information may be disclosed to officers, employees or authorized representatives of the United States charged with implementing the federal Solid Waste Disposal Act, to employees of the state of Iowa or of other states when the document or information is relevant to the discharge of their official duties, and when relevant in any proceeding under the federal Solid Waste Disposal Act or this part.
2. Maintain an accurate inventory of underground storage tanks.
3. Take any action allowed by law which, in the director’s judgment, is necessary to enforce or secure compliance with this part or any rule adopted under this part.
85 Acts, ch 162, §5; 86 Acts, ch 1245, §1899A
Referred to in §455B.474
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.476 - Violations — orders.

455B.476 Violations — orders.
1. If there is substantial evidence that a person has violated or is violating a provision of this part or a rule adopted under this part, the director may issue an order directing the person to desist in the practice that constitutes the violation and to take corrective action as necessary to ensure that the violation will cease, and may impose appropriate administrative penalties pursuant to section 455B.109. The person to whom the order is issued may appeal the order to the commission as provided in chapter 17A. On appeal, the commission may affirm, modify, or vacate the order of the director. The applicable time frames for the issuance and appeal of the order are defined in section 455B.110.
2. However, 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. The order is binding and effective immediately and until the order is modified or vacated at a hearing before the commission or by a district court.
3. The director, with the approval of the commission, may request the attorney general to institute legal proceedings pursuant to section 455B.477.
85 Acts, ch 162, §6; 86 Acts, ch 1245, §1899A; 2019 Acts, ch 97, §7; 2020 Acts, ch 1063, §242
Referred to in §455B.473
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.478 - Judicial review.

455B.478 Judicial review.
Except as provided in section 455B.477, subsection 5, judicial review of an order or other action of the commission or the director may be sought in accordance with chapter 17A. Notwithstanding chapter 17A, the Iowa administrative procedure Act, petitions for judicial review may be filed in the district court of the county in which the alleged offense was committed or the final order was entered.
85 Acts, ch 162, §8; 86 Acts, ch 1245, §1899A
Referred to in §455B.477
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.479 - Storage tank management fee.

455B.479 Storage tank management fee.
An owner or operator of an underground storage tank shall pay an annual storage tank management fee of sixty-five dollars per tank of over one thousand one hundred gallons capacity. The fees collected shall be deposited in the storage tank management account of the groundwater protection fund.
87 Acts, ch 225, §607; 89 Acts, ch 131, §38; 2010 Acts, ch 1193, §175
Referred to in §455E.11
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.480 - Short title.

455B.480 Short title.
This part may be cited as the “Waste Management Assistance Act”.
87 Acts, ch 180, §1; 92 Acts, ch 1239, §21; 2001 Acts, ch 7, §4; 2002 Acts, ch 1162, §46
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.481 - Waste management policy.

455B.481 Waste management policy.
1. The purpose of this part is to promote the proper management of solid, hazardous, and low-level radioactive wastes in Iowa.
2. The department, in cooperation with the Iowa waste reduction center for safe and economic management of solid waste and hazardous substances established in section 268.4, shall work with generators of hazardous wastes in the state to develop and implement aggressive waste minimization programs. The department shall provide and promote educational and informational programs, provide confidential, voluntary technical assistance to hazardous waste generators, promote assistance by the Iowa waste reduction center, and promote other voluntary activities by the public and private sectors that support the following pollution prevention hierarchy, in descending order of preference:
a. Source reduction for waste elimination.
b. Reuse.
c. On-site recycling.
d. Off-site recycling.
e. Waste treatment.
f. Combustion with energy recovery.
g. Land disposal.
87 Acts, ch 180, §3; 89 Acts, ch 242, §2; 92 Acts, ch 1239, §21; 2001 Acts, ch 7, §5; 2002 Acts, ch 1162, §47; 2013 Acts, ch 12, §1, 2
Referred to in §455B.484, 455D.5
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.483 - Waste management assistance.

455B.483 Waste management assistance.
The director of the department of natural resources shall provide for administration of the provisions of this part.
87 Acts, ch 180, §5; 92 Acts, ch 1239, §21; 2001 Acts, ch 7, §7; 2002 Acts, ch 1162, §49
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.484 - Duties of the department.

455B.484 Duties of the department.
The department shall:
1. Recommend to the commission the adoption of rules necessary to implement this part.
2. Implement the waste management policy provided in section 455B.481.
3. Represent the state in all matters pertaining to plans, procedures, negotiations, and agreements for interstate compacts or public-private compacts relating to the ownership, operation, management, or funding of a facility. Any agreement is subject to the approval of the commission.
4. Develop, sponsor, and assist in the implementation of public education and information programs on proper and safe management of waste in cooperation with other public and private agencies as deemed appropriate.
87 Acts, ch 180, §6; 88 Acts, ch 1134, §87; 89 Acts, ch 242, §3, 4; 92 Acts, ch 1239, §21; 2001 Acts, ch 7, §8, 9; 2002 Acts, ch 1050, §41; 2002 Acts, ch 1119, §61; 2002 Acts, ch 1162, §50 – 52; 2003 Acts, ch 108, §75; 2006 Acts, ch 1014, §8; 2013 Acts, ch 12, §4, 5
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.484A - Confidentiality for assistance programs.

455B.484A Confidentiality for assistance programs.
1. As used in this section:
a. “Applicant” means a person, acting in good faith, who seeks the services of an assistance program.
b. “Assistance information” means all information voluntarily supplied to or obtained by an assistance program for the sole purpose of providing assistance to an applicant and which constitutes information not otherwise available to an assistance program.
c. “Assistance program” means the pollution prevention program of the department or of the Iowa waste reduction center for safe and economic management of solid waste and hazardous substances conducted pursuant to section 268.4.
2. Assistance information in the possession of an assistance program or an employee or agent of an assistance program is privileged and confidential, is not subject to discovery, subpoena, or other means of legal compulsion, and is not admissible evidence in an administrative or judicial proceeding. However, assistance information discoverable from sources other than an assistance program or prohibited from being made confidential pursuant to federal or state law does not become privileged or confidential merely because it has been made available to or is in the custody of an assistance program or an employee or agent of an assistance program.
3. Assistance information shall not be used by an employee or agent of the state in determining whether to initiate an enforcement action or investigation by the state.
92 Acts, ch 1214, §1; 2013 Acts, ch 12, §6
Referred to in §455K.3
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.485 - Powers and duties of the commission.

455B.485 Powers and duties of the commission.
The commission shall:
1. Establish policy for the implementation of this part.
2. Adopt, modify, or repeal rules necessary to implement this part pursuant to chapter 17A.
3. Recommend legislative action which may be required for the safe and proper management of waste, for the acquisition or operation of a facility, for the funding of a facility, to enter into interstate agreements for the management of a facility, and to improve the operation of the department relating to waste management assistance.
87 Acts, ch 180, §7; 92 Acts, ch 1239, §21; 2001 Acts, ch 7, §10; 2002 Acts, ch 1162, §53; 2013 Acts, ch 12, §7
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.486 - Facility siting.

455B.486 Facility siting.
The commission shall adopt rules establishing criteria for the identification of sites which are suitable for the operation of low-level radioactive waste disposal facilities. The department shall apply these criteria, once adopted, to identify and recommend to the commission sites suitable for locating facilities for the disposal of low-level radioactive waste. The commission shall accept or reject the recommendation of the department. If the commission rejects the recommendation of the department, the commission shall state its reasons for rejecting the recommendation.
87 Acts, ch 180, §8; 92 Acts, ch 1239, §21; 2002 Acts, ch 1162, §54; 2013 Acts, ch 12, §8
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.488 - Household hazardous waste collection and disposition.

455B.488 Household hazardous waste collection and disposition.
The department shall develop, sponsor, and assist in conducting local, regional, or statewide programs for the receipt or collection and proper management of hazardous wastes from households and farms. In conducting such events the department may establish limits on the types and amounts of wastes that will be collected, and may establish a fee system for acceptance of wastes in quantities exceeding the limits established pursuant to this section.
87 Acts, ch 180, §10; 92 Acts, ch 1239, §21; 2003 Acts, ch 108, §76
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.491 - Restrictions on use of agricultural chemicals.

455B.491 Restrictions on use of agricultural chemicals.
1. If the commission determines that an agricultural chemical causes an unreasonable, adverse effect on humans or the environment, the commission shall submit to the secretary of agriculture its findings and recommended actions. The secretary of agriculture shall propose rules implementing the recommended actions and shall hold a public hearing to determine the effects of the proposed rules as provided in chapter 206 after review and consideration of the findings as provided in subsection 2 of this section. A rule of the secretary shall be adopted pursuant to chapter 17A.
2. The commission shall submit to the secretary of agriculture its findings on the unreasonable, adverse effect that the agricultural chemical causes to humans or the environment. The department of agriculture and land stewardship shall prepare an estimate of the economic impact of restricting the use of the agricultural chemical. The economic impact statement, the commission’s findings and the report of the advisory committee created under section 206.23 shall be available at the time of publication of the intended rule action by the secretary. The secretary of agriculture and the advisory committee shall review the commission’s findings and collect, analyze and interpret any other scientific data relating to the agricultural chemical. The secretary and the committee shall consider any official reports, academic studies, expert opinions or testimony, or other matters deemed to have probative value and shall consider the toxicity, hazard, effectiveness, public need for the agricultural chemical or other means of control other than the chemical in question, and the economic impact on the members of the public and agencies affected by it.
3. As used in this section, “agricultural chemical” means a pesticide as defined in section 206.2 and also means any feed or soil additive, other than a pesticide, which is designed for and used to promote the growth of plants or animals.
[C71, §206A.2; C73, 75, 77, §455B.100; C79, §455B.130, 455B.131; C81, §455B.150]
C83, §455B.471
CS85, §455B.491
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.500 - Waste management research by persons in conjunction with institutions of higher education.

455B.500 Waste management research by persons in conjunction with institutions of higher education.
A person acting in conjunction with a private college, community college, or state board of regents institution, to conduct research relating to waste management, on private property, or on property in which a city or county holds an interest, shall notify the department in writing. The person is not required to obtain authorization, including but not limited to a permit, by the department for one hundred twenty days after submitting the notice. After the end of the one-hundred-twenty-day period the department shall conduct an evaluation of the permit status of the research and may determine whether a permit ought to be issued or modified before the research continues.
90 Acts, ch 1260, §26
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.501 - Regulation of infectious waste.

455B.501 Regulation of infectious waste.
1. As used in this section, unless the context otherwise requires:
a. “Contaminated animal carcasses” means waste including carcasses, body parts, and bedding of animals that were exposed to infectious agents during research, production of biologicals, or testing of pharmaceuticals.
b. “Contaminated sharps” means all discarded sharp items derived from patient care in medical, research, or industrial facilities including glass vials containing materials defined as infectious, hypodermic needles, scalpel blades, and pasteur pipettes.
c. “Cultures and stocks of infectious agents” means specimen cultures collected from medical and pathological laboratories, cultures and stocks of infectious agents from research and industrial laboratories, wastes from the production of biological agents, discarded live and attenuated vaccines, and culture dishes and devices used to transfer, inoculate, or mix cultures.
d. “Human blood and blood products” means human serum, plasma, other blood components, bulk blood, or containerized blood in quantities greater than twenty milliliters.
e. “Infectious” means containing pathogens with sufficient virulence and quantity so that exposure to an infectious agent by a susceptible host could result in an infectious disease when the infectious agent is improperly treated, stored, transplanted, or disposed.
f. “Infectious waste” means waste, which is infectious, including but not limited to contaminated sharps, cultures, and stocks of infectious agents, blood and blood products, pathological waste, and contaminated animal carcasses from hospitals or research laboratories.
g. “Pathological waste” means human tissues and body parts that are removed during surgery or autopsy.
2. The department shall recommend, for adoption by the commission, standards for on-site and off-site treatment of infectious waste. In developing standards, the department shall consider factors affecting the feasibility of alternative methods of treatment and disposal, including but not limited to the volume of infectious waste generated, the availability of treatment facilities within geographic areas, and the costs of transporting infectious wastes to treatment facilities. The standards shall include monitoring requirements for treatment facilities and training requirements for operators of facilities. The standards may include requirements for management plans dealing with the plans for management of infectious wastes in compliance with adopted standards. In cases in which an individual generator of infectious waste is served by a person treating or disposing of the infectious waste, the person treating or disposing of the waste may prepare the plan for all generators served.
89 Acts, ch 245, §1; 99 Acts, ch 46, §1
Local approval of infectious waste incinerator projects; §455B.305A
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.503 - Infectious waste treatment and disposal facilities — permits required — rules.

455B.503 Infectious waste treatment and disposal facilities — permits required — rules.
The commission shall adopt rules which require a person who owns or operates an infectious waste treatment or disposal facility to obtain an operating permit before initial operation of the facility. The rules shall specify the information required to be submitted with the application for a permit and the conditions under which a permit may be issued, suspended, modified, revoked, or renewed. The rules shall address but are not limited to the areas of operator safety, recordkeeping and tracking procedures, best available appropriate technologies, emergency response and remedial action procedures, waste minimization procedures, and long-term liability. The department shall not grant permits for the construction or operation of a commercial infectious waste treatment or disposal facility until the commission has adopted the required rules.
91 Acts, ch 242, §4; 92 Acts, ch 1182, §4; 93 Acts, ch 103, §1; 99 Acts, ch 46, §2
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.505 - Construction or operation of infectious waste treatment or disposal facilities near historic sites.

455B.505 Construction or operation of infectious waste treatment or disposal facilities near historic sites.
The department of natural resources shall not grant a permit for the construction or operation of a commercial infectious waste treatment or disposal facility within one mile of a site or building which has been placed on the national register of historic places. This section does not apply to hospitals, health care facilities licensed pursuant to chapter 135C, physicians’ offices or clinics, and other health service-related entities.
91 Acts, ch 242, §6
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.701 - Oil spill immunity.

455B.701 Oil spill immunity.
1. Definitions. As used in this section, unless the context otherwise requires:
a. “Damages” means damages of any kind for which liability may exist under the laws of this state resulting from, arising out of, or relating to the discharge or threatened discharge of oil.
b. “Discharge” means any emission, other than natural seepage, intentional or unintentional, and includes, but is not limited to, spilling, leaking, pumping, pouring, emitting, emptying, or dumping.
c. “Federal on-scene coordinator” means the federal official designated by the federal agency in charge of the removal efforts or by the United States environmental protection agency or the United States coast guard to coordinate and direct responses under the national contingency plan.
d. “National contingency plan” means the national contingency plan prepared and published under 33 U.S.C. §1321(d).
e. “Oil” means oil of any kind or in any form, including but not limited to petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes other than dredged spoil.
f. “Remove” or “removal” means containment and removal of oil or a hazardous substance from water and shorelines or the taking of other actions as may be necessary to minimize or mitigate damage to the public health or welfare, including, but not limited to, fish, shellfish, wildlife, and public and private property, shorelines, and beaches.
g. “Removal costs” means the costs of removal that are incurred after a discharge of oil has occurred or, in any case in which there is a substantial threat of a discharge of oil, the costs to prevent, minimize, or mitigate oil pollution from such an incident.
h. “Responsible party” means a responsible party as defined under 33 U.S.C. §2701.
2. Exemption from liability.
a. Notwithstanding any other provisions of law, a person is not liable for removal costs or damages which result from acts or omissions taken or made in the course of rendering care, assistance, or advice consistent with the national contingency plan or as otherwise directed by the federal on-scene coordinator or by the state official with responsibility for oil spill response.
b. Paragraph “a” does not apply to the following:
(1) A responsible party.
(2) When the damage involves personal injury or wrongful death.
(3) If the person is grossly negligent or engages in willful misconduct.
c. A responsible party is liable for any removal costs and damages that another person is relieved of under paragraph “a”.
d. This section does not affect the liability of a responsible party for oil spill response under state law.
95 Acts, ch 15, §1
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.751 - Definitions.

455B.751 Definitions.
As used in this subchapter X, unless the context otherwise requires:
1. “Acquired” means purchased, leased, obtained by inheritance or descent and distribution, or obtained by foreclosure sale under chapter 654, nonjudicial voluntary foreclosure under section 654.18, deed in lieu of foreclosure under section 654.19, foreclosure without redemption under section 654.20, or nonjudicial foreclosure of nonagriculture mortgages under chapter 655A.
2. “Hazardous substance” means the same as defined in section 455B.381 or 455B.411.
3. “Hazardous waste” means the same as defined in section 455B.411.
4. “Potentially responsible party” means a person whose acts or omissions were a proximate cause of the contamination of the acquired property, or a person whose negligent acts or omissions are a proximate cause of injury or damages resulting from exposure to such contamination. Injury or damages to persons or property arising by reason of contamination that migrates from the acquired property shall not be deemed to be caused by an act or omission of the person that acquired the property, except to the extent that the act or omission of such person exacerbated the release of such contamination.
5. “Regulated substance” means the same as defined in section 455B.471.
6. “Response action” means any action taken to reduce, minimize, eliminate, clean up, control, assess, or monitor a release of hazardous substances, hazardous waste, or regulated substances to protect the public health, safety, or the environment.
7. “Third party” means any person other than a person that holds indicia of title to property or that has acquired property as identified in section 455B.752.
8. “Third-party liability” means any liability or obligation, other than contractual obligations that specifically waive all or part of the immunity provided by section 455B.752, arising out of or resulting from contamination of property by a hazardous substance, hazardous waste, or a regulated substance, including without limitation, claims for illness, personal injury, death, consequential damages, exemplary damages, lost profits, trespass, loss of use of property, loss of rental value, reduction in property value, property damages, or statutory or common law nuisance.
2004 Acts, ch 1141, §75, 79; 2005 Acts, ch 19, §58; 2021 Acts, ch 76, §106
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.752 - Immunity from third-party liability.

455B.752 Immunity from third-party liability.
A person that holds indicia of ownership of property contaminated by a hazardous substance, hazardous waste, or regulated substance, and that satisfies all of the conditions provided in section 455B.381, subsection 7, paragraph “b”, or section 455B.471, subsection 6, paragraph “b”, subparagraphs (1), (2), and (3), or a person that has acquired property contaminated by a hazardous substance, hazardous waste, or regulated substance, shall not be liable to any third party for any third-party liability arising from such contamination provided that all of the following apply:
1. The person does not knowingly cause or permit a new or additional hazardous substance, hazardous waste, or regulated substance to arise on or from the acquired property that injures a third party or contaminates property owned or leased by a third party.
2. The person is not a potentially responsible party or affiliated with any potentially responsible party by reason of any of the following:
a. Any direct or indirect familial relationship.
b. Any contractual, corporate, or financial relationship, other than a contractual, corporate, or financial relationship that is created by the instruments by which title to the property is conveyed or financed or by a contract for the sale of goods or services.
c. A reorganization of a business entity that is or was a potentially responsible party.
2004 Acts, ch 1141, §76, 79
Referred to in §455B.751, 455B.753
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.753 - Access to property.

455B.753 Access to property.
A person that holds indicia of title to property or a person that has acquired property as identified in section 455B.752 shall provide reasonable access to the acquired property to any potentially responsible party or to any authorized regulatory authority for the purpose of investigating or evaluating any contamination, planning, or preparing a remedial plan for any abatement of the contamination, and for any required remediation.
2004 Acts, ch 1141, §77, 79
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.754 - Legal responsibility.

455B.754 Legal responsibility.
This subchapter X shall not be interpreted to affect the legal responsibility to the state to conduct response actions under any applicable state law. This subchapter X shall not be interpreted to affect or provide immunity from any criminal liability.
2004 Acts, ch 1141, §78, 79; 2021 Acts, ch 76, §107
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455C - BEVERAGE CONTAINERS CONTROL › Section 455C.1 - Definitions.

455C.1 Definitions.
As used in this chapter unless the context otherwise requires:
1. “Beverage” means wine as defined in section 123.3, subsection 53, alcoholic liquor as defined in section 123.3, subsection 5, beer as defined in section 123.3, subsection 7, high alcoholic content beer as defined in section 123.3, subsection 22, canned cocktail as defined in section 123.3, subsection 11, mineral water, soda water, and similar carbonated soft drinks in liquid form and intended for human consumption.
2. “Beverage container” means any sealed glass, plastic, or metal bottle, can, jar, or carton containing a beverage.
3. “Commission” means the environmental protection commission of the department.
4. “Consumer” means any person who purchases a beverage in a beverage container for use or consumption.
5. “Dealer” means any person who engages in the sale of beverages in beverage containers to a consumer.
6. “Dealer agent” means a person who solicits or picks up empty beverage containers for the purpose of returning the empty beverage containers to a distributor or manufacturer.
7. “Department” means the department of natural resources created under section 455A.2.
8. “Director” means the director of the department.
9. “Distributor” means any person who engages in the sale of beverages in beverage containers to a dealer in this state, including any manufacturer who engages in such sales.
10. “Geographic territory” means the geographical area within a perimeter formed by the outermost boundaries served by a distributor.
11. “Manufacturer” means any person who bottles, cans, or otherwise fills beverage containers for sale to distributors or dealers.
12. “Mobile redemption system” means a redemption center location at which a consumer may return empty beverage containers on which a refund value has been paid that uses innovative technology to process empty beverage containers and return the amount of the refund value to consumers.
13. “Nonrefillable beverage container” means a beverage container not intended to be refilled for sale by a manufacturer.
14. “Participating dealer” means a dealer who accepts the return of empty beverage containers from a consumer.
15. “Redemption center” means a facility at which consumers may return empty beverage containers and receive payment for the refund value of the empty beverage containers.
[C79, 81, §455C.1; 82 Acts, ch 1199, §71, 96]
85 Acts, ch 32, §111; 86 Acts, ch 1245, §1899C, 1899D; 87 Acts, ch 22, §12; 88 Acts, ch 1200, §1; 89 Acts, ch 272, §34, 42; 90 Acts, ch 1261, §43, 44; 91 Acts, ch 268, §433, 442, 443; 92 Acts, ch 1242, §40, 47; 2022 Acts, ch 1139, §2, 3, 20
Referred to in §455B.313
2022 amendments to section effective January 1, 2023; 2022 Acts, ch 1139, §20
Subsections 1 and 6 amended
NEW subsection 12 and former subsection 12 renumbered as 13
NEW subsection 14 and former subsection 13 renumbered as 15
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455C - BEVERAGE CONTAINERS CONTROL › Section 455C.2 - Refund values.

455C.2 Refund values.
1. A refund value of five cents shall be paid by the consumer on each beverage container sold in this state by a dealer for consumption off the premises. Upon return of the empty beverage container upon which a refund value has been paid to a participating dealer or redemption center and acceptance of the empty beverage container by the participating dealer or redemption center, the participating dealer or redemption center shall return the amount of the refund value to the consumer within a reasonable time not to exceed ten days.
2. a. In addition to the refund value provided in subsection 1, the distributor required to accept the empty beverage containers under section 455C.3 shall provide reimbursement in an amount that is one cent per container for containers accepted from a dealer agent and three cents per container for containers accepted from a participating dealer or redemption center. A dealer, dealer agent, or redemption center may compact empty metal beverage containers with the approval of the distributor required to accept the containers.
b. A distributor who pays a handling fee for a beverage container that was sold for consumption off the premises and that used to contain beer, including high-alcoholic content beer, may claim a refund of the barrel tax established in section 123.136 paid by the distributor in the amount of one cent for each such beverage container accepted by the distributor. The department of revenue shall prescribe forms for a distributor to use to claim a refund under this paragraph. Identifying information collected by the department of revenue pursuant to this paragraph that can be used to identify a specific distributor shall be considered confidential information pursuant to section 22.7, subsection 75.
[C79, 81, §455C.2]
87 Acts, ch 22, §13; 88 Acts, ch 1200, §2; 89 Acts, ch 272, §35, 42; 90 Acts, ch 1261, §43, 44; 91 Acts, ch 268, §434, 442, 443; 92 Acts, ch 1242, §34, 38, 39, 40, 47; 2022 Acts, ch 1139, §4, 20; 2022 Acts, ch 1153, §51, 52
Referred to in §22.7(75), 123.24, 455C.3, 455C.4, 455C.12, 455C.13
2022 amendments to section effective January 1, 2023; 2022 Acts, ch 1139, §20;
2022 Acts, ch 1153, §52
Section amended