reglab/statecodes huggingface dataset:
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.307 - Dumping — where prohibited — penalty.

455B.307 Dumping — where prohibited — penalty.
1. A private agency or public agency shall not dump or deposit or permit the dumping or depositing of any solid waste at any place other than a sanitary disposal project approved by the director unless the agency has been granted a permit by the department which allows the dumping or depositing of solid waste on land owned or leased by the agency. The department shall adopt rules regarding the permitting of this activity which shall provide that the public interest is best served, but which may be based upon criteria less stringent than those regulating a public sanitary disposal project provided that the rules adopted meet the groundwater protection goal specified in section 455E.4. The comprehensive plans for these facilities may be varied in consideration of the types of sanitary disposal practices, hydrologic and geologic conditions, construction and operations characteristics, and volumes and types of waste handled at the disposal site. The director may issue temporary permits for dumping or disposal of solid waste at disposal sites for which an application for a permit to operate a sanitary disposal project has been made and which have not met all of the requirements of this part 1 of subchapter IV and the rules adopted by the commission if a compliance schedule has been submitted by the applicant specifying how and when the applicant will meet the requirements for an operational sanitary disposal project and the director determines the public interest will be best served by granting such temporary permit.
2. The director may issue any order necessary to secure compliance with or prevent a violation of the provisions of this part 1 of subchapter IV or the rules adopted pursuant to this part. The attorney general shall, on request of the department, institute any legal proceedings necessary in obtaining compliance with an order of the commission or the director or prosecuting any person for a violation of the provisions of this part or rules issued pursuant to this part.
3. Any person who violates any provision of this part 1 of subchapter IV or any rule or any order adopted or the conditions of any permit or order issued pursuant to this part 1 of subchapter IV shall be subject to a civil penalty, not to exceed five thousand dollars for each day of such violation.
[C71, §406.9; C73, 75, 77, 79, 81, §455B.82]
C83, §455B.307
86 Acts, ch 1245, §1899; 87 Acts, ch 225, §415; 88 Acts, ch 1169, §5; 89 Acts, ch 281, §1; 2021 Acts, ch 76, §101; 2021 Acts, ch 80, §285; 2021 Acts, ch 174, §22
Referred to in §455B.304
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.307A - Discarding of solid waste — prohibitions — penalty.

455B.307A Discarding of solid waste — prohibitions — penalty.
1. For the purposes of this section, “discard” means to place, cause to be placed, throw, deposit, or drop.
2. A person shall not discard solid waste onto or in any water or land of the state, or into areas or receptacles provided for such purposes which are under the control of or used by a person who has not authorized the use of the receptacle by the person discarding the solid waste.
3. A person who violates this section is subject to a civil penalty of one thousand dollars for a first offense, two thousand dollars for a second offense, and three thousand dollars for a third or subsequent offense. The revenue from the penalty provided in this subsection shall be remitted to the treasurer of state for deposit in the general fund of the state. Fifty percent of such moneys are appropriated to the state department of transportation for purposes of the cleanup of litter and illegally discarded solid waste. The remaining fifty percent of such moneys shall be deposited in the general fund of the county in which the violation occurred to be used exclusively for the cleanup and prevention of illegal dumping.
4. This section shall not apply to the discarding of litter regulated under part 3 of this subchapter IV and local littering ordinances.
92 Acts, ch 1215, §10; 2006 Acts, ch 1087, §1; 2016 Acts, ch 1076, §1, 2; 2021 Acts, ch 76, §102; 2021 Acts, ch 174, §23
Referred to in §455B.307B
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.307B - Illegal dumping enforcement officer.

455B.307B Illegal dumping enforcement officer.
1. For purposes of this section, “officer” means the illegal dumping enforcement officer in a county.
2. The board of supervisors of each county may annually appoint an illegal dumping enforcement officer for the county. The board of supervisors may appoint the officer from recommendations by the county board of health or may select a person outside the recommendations made by the county board of health. The board of supervisors shall appoint a person who is a citizen of the United States, is of good moral character, and has not previously been convicted of a felony.
3. An illegal dumping enforcement officer shall take an oath of office prescribed by the board of supervisors. An officer’s appointment shall be effective March 1 and shall continue for a term at the discretion of the board of supervisors.
4. An illegal dumping enforcement officer, subject to direction and control by the county board of supervisors, shall only be empowered to enforce the provisions of sections 455B.307A and 455B.363 and local littering ordinances. An officer shall not have the duty to enforce any other traffic or criminal laws of the state, county, or a municipality. An officer may enter upon any public land in the county, excluding land within the limits of cities, unless otherwise authorized by a city, and any private property with the permission of the landowner at any time for the performance of the officer’s duties, and may hire the labor and equipment necessary subject to the approval of the board of supervisors.
5. A person shall not willfully obstruct, resist, impede, or interfere with an illegal dumping enforcement officer in connection with the officer’s enforcement of sections 455B.307A and 455B.363 and local littering ordinances. A person shall not willfully retaliate or discriminate in any manner against an officer as a reprisal for any act or omission of the officer. A person violating this subsection is guilty of a simple misdemeanor.
2004 Acts, ch 1128, §1
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.308 - Appeal from order.

455B.308 Appeal from order.
Any person aggrieved by an order of the director may appeal the order by filing a written notice of appeal with the director in accordance with section 455B.110. The director shall schedule a hearing for the purpose of hearing the arguments of the aggrieved person within thirty days of the filing of the notice of appeal. The hearing may be held before the commission or its designee. A complete record shall be made of the proceedings. The director shall issue the findings in writing to the aggrieved person within thirty days of the conclusion of the hearing. Judicial review may be sought of actions of the commission in accordance with the terms of the Iowa administrative procedure Act, chapter 17A. Notwithstanding the terms of the Act, petitions for judicial review may be filed in the district court of the county where the acts in issue occurred.
[C71, §406.10; C73, 75, 77, 79, 81, §455B.83]
C83, §455B.308
86 Acts, ch 1245, §1899; 2003 Acts, ch 44, §114; 2019 Acts, ch 97, §6
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.311 - Grants.

455B.311 Grants.
The director, with the approval of the commission, may make grants to cities, counties, or central planning agencies representing cities and counties or combinations of cities, counties, or central planning agencies from funds reserved under and for the purposes specified in section 455E.11, subsection 2, paragraph “a”, subject to all of the following conditions:
1. Application for grants shall be in a form and contain information as prescribed by rule of the department.
2. Grants shall only be awarded to a city or a county; however, a grant may be made to a central planning agency representing more than one city or county or combination of cities or counties for the purpose of planning and implementing regional solid waste management facilities or may be made to private or public agencies working in cooperation with a city or county. The department shall award grants, in accordance with the rules adopted by the commission, based upon a proposal’s reflection of the solid waste management policy and hierarchy established in section 455B.301A. Grants shall be awarded only for an amount determined by the department to be reasonable and necessary to conduct the work as set forth in the grant application. Grants may be awarded at a maximum cost-share level of ninety percent with a preference given for regional or shared projects and a preference given to projects involving environmentally fragile areas which are particularly subject to groundwater contamination. Grants shall be awarded in a manner which will distribute the grants geographically throughout the state.
3. Grants shall be awarded only for an amount determined by the department to be reasonable and necessary to conduct the work as set forth in the grant application. Grants for less than a countywide planning area shall be limited to twenty-five percent state funds, for a single-county planning area the state funds shall be limited to fifty percent, and for a two-county planning area the state funds shall be limited to seventy-five percent. For each additional county above a two-county planning area, the maximum allowable state funds shall be increased by an additional five percent, up to a maximum of ninety percent state funds.
4. Grants shall not be awarded to a city, county, or central planning agency if the entity has not submitted a completed hydrogeological plan to the department.
5. A city, county, or central planning agency on behalf of a city or county may not receive more than one grant under this section in any three-year period.
6. The director, with the approval of the commission, may deny a grant application if in the judgment of the director the applicant could not reasonably be expected to adequately and properly complete the plan for which the grant is requested or the applicant could not reasonably be expected to implement a planned sanitary disposal project.
86 Acts, ch 1175, §6; 87 Acts, ch 225, §115, 419; 92 Acts, ch 1215, §13; 2018 Acts, ch 1041, §95
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.313 - Beverage container connectors — prohibition.

455B.313 Beverage container connectors — prohibition.
1. A distributor as defined in section 455C.1, subsection 9, shall not sell or offer to sell any beverage container if the beverage container is connected to another beverage container by a device constructed of a material which is not biodegradable or photodegradable.
2. A distributor violating subsection 1 is guilty of a serious misdemeanor.
88 Acts, ch 1182, §2
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.314 - Incineration at sanitary disposal projects.

455B.314 Incineration at sanitary disposal projects.
A sanitary disposal project that includes incineration as a part of its disposal process shall separate from the materials to be incinerated recyclable and reusable materials, materials that will result in uncontrolled toxic or hazardous air emissions when burned, and hazardous or toxic materials that are not rendered nonhazardous or nontoxic by incineration. The removed materials shall be recycled, reused, or treated and disposed in a manner approved by the department. Separation of waste includes magnetic separation.
89 Acts, ch 272, §33; 2022 Acts, ch 1013, §12
Section amended
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.315 - Radioactive materials — prohibited deposit in sanitary landfills.

455B.315 Radioactive materials — prohibited deposit in sanitary landfills.
A person shall not dispose of, and a sanitary landfill shall not accept for final disposal, radioactive materials, as defined as of January 1, 1990, pursuant to section 136C.1.
90 Acts, ch 1191, §3
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.331 - Definitions.

455B.331 Definitions.
As used in this part 2 of subchapter IV, unless the context otherwise requires:
1. “Nuclear waste disposal site” means all facilities and appurtenances including all real and personal property connected with such facilities, which are acquired, leased, purchased, constructed, reconstructed, equipped, improved, extended, maintained, or operated to facilitate the final disposition of radioactive waste without creating a significant hazard to the public health or safety, and which are approved by the director.
2. “Radiation” means any ionizing radiation including, but not limited to, high-speed electrons, neutrons, protons and other nuclear particles, but not sound waves.
3. “Radioactive material” means any solid, liquid, or gaseous material which emits radiation spontaneously.
[C73, 75, 77, 79, 81, §455B.85]
C83, §455B.331
86 Acts, ch 1245, §1899; 2021 Acts, ch 76, §150
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.334 - Waste disposal site.

455B.334 Waste disposal site.
The commission may approve or prohibit the establishment and operation of a nuclear waste disposal site in this state by a private person. In determining whether to grant or deny a permit to establish and operate a nuclear waste disposal site, the commission shall consider the need for a nuclear waste disposal site and the existing physical conditions, topography, soils and geology, climate, transportation, and land use at the proposed site. If the commission decides to issue a permit to establish and operate a nuclear waste disposal site, it shall establish, by rule, standards and procedures for the safe operation and maintenance of the proposed site. The commission shall also require the permittee to provide a sufficient surety bond or other financial commitment to insure the perpetual maintenance and monitoring of the nuclear waste disposal site.
[C73, 75, 77, 79, 81, §455B.88]
C83, §455B.334
83 Acts, ch 136, §5
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.335 - Director’s duties.

455B.335 Director’s duties.
The director:
1. Shall enforce any rules adopted under this part 2 of subchapter IV and furnish a copy of the rules to each applicant for a permit required under this part.
2. May require the maintenance of records relating to the receipt, storage, transfer, or disposal of radioactive material.
3. May issue, modify, or revoke orders in accordance with the provisions of this part 2 of subchapter IV or the rules adopted under said part.
4. May require the submission of plans and specifications for the design, construction, maintenance, and monitoring of nuclear waste disposal sites for review and appraisal.
[C73, 75, 77, 79, 81, §455B.89]
C83, §455B.335
83 Acts, ch 136, §6; 86 Acts, ch 1245, §1899; 2006 Acts, ch 1014, §4; 2021 Acts, ch 76, §150
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.335A - Pathological waste incineration facilities — radioactive materials — requirements.

455B.335A Pathological waste incineration facilities — radioactive materials — requirements.
1. The director shall require that a person who operates or proposes to operate a waste incinerator which provides for the incineration of pathological radioactive materials conduct dispersion modeling, under the direction of the Iowa department of public health, for radiological isotopes to measure the emission levels of alpha and gamma rays. The director shall allow a three-month period during which time the operator or person proposing operation of such an incinerator shall conduct the required dispersion modeling. In order to initiate or continue such incineration, the results of the modeling shall provide that the existing incinerator meets or the proposed incinerator will meet the emission standards established by the United States environmental protection agency for a selected isotope.
2. The department shall conduct a public hearing following submission to the director of the results of the dispersion modeling conducted by an operator or person proposing operation of a waste incinerator which provides for or will provide for the incineration of pathological radioactive materials.
3. If the dispersion modeling results do not meet the standards for emission limitations prescribed under subsection 1, the director shall require the operator or the person who proposes to operate a waste incinerator which provides for the incineration of pathological radioactive materials to employ or conduct an additional dispersion modeling test employing the best available control technology. Following employment of the best available control technology or the conducting of the additional dispersion modeling, if the incinerator or proposed incinerator does not or will not meet the standards prescribed under subsection 2, the operator’s permit for incineration of pathological radioactive materials shall be revoked or the permit for such proposed incineration shall be denied.
91 Acts, ch 242, §2
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.336 - Notice to violators.

455B.336 Notice to violators.
If the director determines that there are reasonable grounds to believe a violation of this part 2 of subchapter IV or of the rules issued under said part has occurred, the director shall give written notice by certified mail to the alleged violator specifying the alleged violations involved and specifying a period of time in which to eliminate the violation. If the alleged violator fails to comply within such specified time, the director shall schedule a hearing and give written notice to the alleged violator by certified mail. In connection with the hearings, the director may issue subpoenas requiring the attendance of witnesses and the production of records pertinent to such hearing. On the basis of the findings, the director shall issue a final order which shall be forwarded to the alleged violator by certified mail.
[C73, 75, 77, 79, 81, §455B.90]
C83, §455B.336
86 Acts, ch 1245, §1899; 2021 Acts, ch 76, §150
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.337 - Emergency action.

455B.337 Emergency action.
1. Whenever the director finds that an emergency exists requiring immediate action to protect the public health and safety, the director may, without notice or hearing, issue an emergency order reciting that an emergency exists and requiring that such action be taken as the director deems necessary to meet the emergency. The order may be issued orally to the person whose operation constitutes the emergency by the director and confirmed by a copy of such order to be sent by certified mail within twenty-four hours after the issuance of the oral order. The emergency order shall be effective immediately. Any person receiving an emergency order may request a hearing before the commission within thirty days following the receipt of the order. The commission shall schedule a hearing within fourteen days after receipt of the request for a hearing and give written notice to the alleged violator by certified mail. The commission may also schedule a hearing in the absence of a request by the alleged violator. On the basis of the findings, the commission shall issue a final order which shall be forwarded to the alleged violator by certified mail.
2. The director may, if an emergency exists, impound or order the impounding of any radioactive material in the possession of any person who is not equipped to observe, or fails to observe, the provisions of this part 2 of subchapter IV or any rules adopted under this part.
[C73, 75, 77, 79, 81, §455B.91]
C83, §455B.337
86 Acts, ch 1245, §1899; 2018 Acts, ch 1041, §96; 2021 Acts, ch 76, §150
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.338 - Judicial review.

455B.338 Judicial review.
Judicial review of the actions of the commission may be sought in accordance with the terms of the Iowa administrative procedure Act, chapter 17A. Notwithstanding the terms of chapter 17A, a petition for judicial review may be filed in the district court of the county in which the alleged violation was committed or in which a final order was entered.
[C73, 75, 77, 79, 81, §455B.92]
C83, §455B.338
2003 Acts, ch 44, §114; 2019 Acts, ch 24, §59
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.339 - Injunction.

455B.339 Injunction.
Whenever, in the judgment of the director, any person has engaged in or is about to engage in any acts or practices which constitute or will constitute a violation of the provisions of this part 2 of subchapter IV or any rule or order promulgated under this part 2, the director may request the attorney general to make application in the name of the state to the district court of the county in which such acts or practices may be performed, for an order enjoining such acts or practices notwithstanding the existence or pursuit of any other remedy, and the attorney general shall make such application.
[C73, 75, 77, 79, 81, §455B.93]
C83, §455B.339
86 Acts, ch 1245, §1899; 2019 Acts, ch 24, §60; 2021 Acts, ch 76, §150
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.340 - Penalty.

455B.340 Penalty.
Any person who violates any provisions of this part 2 of subchapter IV or rules adopted under this part 2, or any order of the department or director issued pursuant to this part 2, shall be guilty of a serious misdemeanor and, in addition, the person may be enjoined from continuing such violation. Each day of continued violation after notice that a violation is being committed shall constitute a separate violation.
[C73, 75, 77, 79, 81, §455B.94]
C83, §455B.340
86 Acts, ch 1245, §1899, 1899B; 2019 Acts, ch 24, §61; 2020 Acts, ch 1063, §241; 2021 Acts, ch 76, §150
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.361 - Definitions.

455B.361 Definitions.
As used in this part 3 of subchapter IV, unless the context otherwise requires:
1. “Discard” means to place, cause to be placed, throw, deposit, or drop.
2. “Litter” means any garbage, rubbish, trash, refuse, waste materials, or debris not exceeding ten pounds in weight or fifteen cubic feet in volume. Litter includes but is not limited to empty beverage containers, cigarette butts, food waste packaging, other food or candy wrappers, handbills, empty cartons, or boxes.
[C73, 75, 77, 79, 81, §455B.95]
C83, §455B.361
2016 Acts, ch 1076, §3; 2021 Acts, ch 76, §150
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.362 - Director’s duties.

455B.362 Director’s duties.
1. The director, at the direction of the commission, shall establish programs to encourage the active support of business, industry, and the general public for litter control.
2. The director, at the direction of the commission, shall coordinate and encourage the cooperation of state and local public agencies in the administration of this part 3 of subchapter IV.
[C73, 75, 77, 79, 81, §455B.96]
C83, §455B.362
86 Acts, ch 1245, §1899; 2018 Acts, ch 1041, §127; 2021 Acts, ch 76, §150
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.363 - Litter.

455B.363 Litter.
No person shall discard any litter onto or in any water or land of this state, except that nothing in this section shall be construed to affect the authorized collection and discarding of such litter in or on areas or receptacles provided for such purpose.
[C73, 75, 77, 79, 81, §455B.97]
C83, §455B.363
Referred to in §455B.307B, 455B.364
See §321.369
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.364 - Penalty.

455B.364 Penalty.
Any person violating the provisions of section 455B.363, upon conviction, shall be guilty of a simple misdemeanor. The court, in lieu of or in addition to any other sentence imposed, may direct and supervise a labor of litter gathering.
[C73, 75, 77, 79, 81, §455B.98]
C83, §455B.364
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.382 - Administrative agency.

455B.382 Administrative agency.
The department shall be the agency of the state to prevent, abate, and control the exposure of the citizens of the state to hazardous conditions as defined in this part 4 of subchapter IV.
[C79, 81, §455B.111]
C83, §455B.382
2021 Acts, ch 76, §150
Referred to in §459.506
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.383 - Powers and duties of department.

455B.383 Powers and duties of department.
The department shall:
1. Establish such rules pursuant to the provisions of chapter 17A as are necessary to protect the public from unnecessary exposure to hazardous substances.
2. Develop a comprehensive plan for the prevention, abatement and control of hazardous conditions within the state.
[C79, 81, §455B.112]
C83, §455B.383
86 Acts, ch 1245, §1899B
Referred to in §459.506
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.384 - Powers and duties of the executive director.

455B.384 Powers and duties of the executive director.
The director shall:
1. Provide technical advice and assistance to other state agencies, to political subdivisions of the state, and to other persons upon request for the control, abatement, and prevention of hazardous conditions.
2. Collect and disseminate such information, publish such guidelines or reports, and conduct such educational programs deemed necessary to implement the provisions of this part 4 of subchapter IV. Educational programs may be conducted in cooperation with other public or private agencies through agreements concluded pursuant to chapter 28E.
3. Exercise such other powers consistent with the Code and the provisions of this part 4 as the commission may direct.
[C79, 81, §455B.113]
C83, §455B.384
86 Acts, ch 1245, §1899; 2021 Acts, ch 76, §150
Referred to in §459.506
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.385 - State hazardous condition contingency plan.

455B.385 State hazardous condition contingency plan.
All public agencies, as defined in chapter 28E, shall cooperate in the development and implementation of a state hazardous condition contingency plan. The plan shall detail the manner in which public agencies shall participate in the response to a hazardous condition. The director may enter into agreements, with approval of the commission, with any state agency or unit of local government or with the federal government, as necessary to develop and implement the plan. The plan shall be coordinated with the department of homeland security and emergency management and any joint emergency management agencies established pursuant to chapter 29C.
[C79, 81, §455B.114]
C83, §455B.385
86 Acts, ch 1245, §1899; 92 Acts, ch 1139, §31; 2003 Acts, ch 179, §157; 2013 Acts, ch 29, §57
Referred to in §459.506
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.386 - Notification of spills — penalty.

455B.386 Notification of spills — penalty.
A person manufacturing, storing, handling, transporting, or disposing of a hazardous substance shall notify the department and the local police department or the office of the sheriff of the affected county of the occurrence of a hazardous condition as soon as possible but not later than six hours after the onset of the hazardous condition or discovery of the hazardous condition. A sheriff or police chief who has been notified of a hazardous condition shall immediately notify the department. The department, upon receiving notice of a hazardous condition, shall immediately notify the operator of any public water supply system or private water supply system which may be affected by the hazardous condition. If requested, a person shall submit within thirty days of the department’s request a written report of particulars of the incident. A person violating this section is subject to a civil penalty of not more than one thousand dollars.
[C79, 81, §455B.115]
C83, §455B.386
84 Acts, ch 1108, §2; 90 Acts, ch 1032, §1
Referred to in §29C.8A, 321.266, 331.653, 459.506
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.387 - Removal of hazardous substances.

455B.387 Removal of hazardous substances.
1. When any hazardous condition exists, the director may remove or provide for the removal and disposal of the hazardous substance at any time, unless the director determines such removal will be properly and promptly accomplished by the owner or operator of the vessel, vehicle, container, pipeline or other facility.
2. The director may use any resources available under the hazardous condition contingency plan to provide for the removal of hazardous substances. If the director finds that public agencies cannot provide the necessary labor or equipment or if the director determines that emergency conditions exist, the director may contract with a private person or agency for removal of the hazardous substance. In those cases where equipment or services are obtained from a public or private person or agency under emergency conditions, section 455B.105, subsection 6 does not apply.
3. An action taken by a person to abate, control, or clean up a hazardous substance involved in a hazardous condition shall not be construed as an admission of liability for a hazardous condition.
[C79, 81, §455B.116]
C83, §455B.387
83 Acts, ch 101, §94; 84 Acts, ch 1108, §3; 86 Acts, ch 1245, §1899
Referred to in §459.506
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.388 - Injunctions and emergency orders.

455B.388 Injunctions and emergency orders.
1. If it is determined by the director that an emergency exists respecting any matter affecting or likely to affect the public health, the director may issue any order necessary to terminate the emergency without notice and without hearing. Any such order shall be binding and effective immediately and until such order is modified or vacated at a contested case hearing before the commission or by a court.
2. The director may request that the attorney general institute legal proceedings for a temporary or permanent injunction pursuant to section 455B.391 for purposes of enforcing an emergency order.
[C79, 81, §455B.117]
C83, §455B.388
86 Acts, ch 1245, §1899
Referred to in §459.506
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.389 - Judicial review.

455B.389 Judicial review.
Judicial review of any order or other action of the commission or of the director may be sought in accordance with the terms of chapter 17A. Notwithstanding the provisions of chapter 17A, petitions for judicial review may be filed in the district court of the county in which the alleged hazardous condition occurred.
[C79, 81, §455B.118]
C83, §455B.389
86 Acts, ch 1245, §1899
Referred to in §459.506
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.390 - Jurisdiction limited.

455B.390 Jurisdiction limited.
Nothing contained in this part 4 of subchapter IV shall be deemed to grant to the department any authority or jurisdiction under this part 4 with respect to the following:
1. Hazardous conditions existing solely within and which will probably continue to exist solely within commercial and industrial plants, works, or shops under the jurisdiction of chapters 88 and 91.
2. Relations between employers and employees with respect to hazardous conditions except that where such hazardous conditions extend to or affect areas within the scope of the authority granted by this part 4 of subchapter IV, the department may take any action consistent with this part 4 to abate such hazardous condition.
3. The storage, transportation, handling, or use of flammable liquids, combustibles, and explosives, control over which is exercised by the state fire marshal under chapter 100.
4. The storage, transportation, handling, or use of pesticides over which control is exercised by the state secretary of agriculture under chapter 206, except when spillage of pesticides creates a hazardous condition.
5. The storage, transportation, handling, or use of fertilizers over which control is exercised by the state secretary of agriculture under chapter 200, except when spillage of fertilizers creates a hazardous condition.
[C79, 81, §455B.119]
C83, §455B.390
92 Acts, ch 1163, §94; 2021 Acts, ch 76, §150
Referred to in §101.10, 459.506
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.391 - Duties of attorney general.

455B.391 Duties of attorney general.
1. The attorney general shall, at the request of the department, institute any legal proceedings, including an action for an injunction or temporary injunction, necessary to obtain compliance with the provisions of this part 4 of subchapter IV. In any legal proceedings any previous findings of fact of the director or the department after due notice and hearing shall be conclusive if supported by substantial evidence in the record when the record is viewed as a whole.
2. The attorney general shall, at the request of the director, take appropriate action against the person having control over a hazardous substance to recover for the liabilities resulting under section 455B.392.
[C79, 81, §455B.120]
C83, §455B.391
86 Acts, ch 1158, §1; 86 Acts, ch 1245, §1899, 1899B; 2021 Acts, ch 76, §150
Referred to in §455B.388, 459.506
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.393 - Liability of state employees or persons providing assistance.

455B.393 Liability of state employees or persons providing assistance.
1. A person employed by the state is not liable for damages incurred as a result of actions taken by the person when acting in the person’s official capacity pursuant to this part, rules adopted pursuant to this part and the hazardous condition contingency plan.
2. A person who provides assistance at the request of the department or by previous agreement with the department in the event of a hazardous condition is not liable in a civil action for damages as a result of that person’s acts or omissions in rendering the assistance. This section does not relieve a person from civil damages in any of the following circumstances:
a. If the person providing assistance is also the person having control over the hazardous substance which created the hazardous condition.
b. If the person rendered assistance for payment beyond reimbursement for out-of-pocket expenses or with the expectation of such payment.
c. For acts or omissions which result from intentional wrongdoing or gross negligence.
84 Acts, ch 1108, §5
Referred to in §459.506
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.394 - Right of entry.

455B.394 Right of entry.
A person shall not refuse entry or access to, or harass or obstruct an authorized representative of the department who seeks entry or access for the purpose of investigating or responding to a hazardous condition. The representative shall present appropriate credentials. Upon a showing of probable cause in writing and made under oath, a judge or magistrate having proper jurisdiction shall issue a suitably restricted search warrant to the representative of the department for the purposes of enabling the representative to investigate or respond to a hazardous condition.
84 Acts, ch 1108, §6
Referred to in §459.506
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.395 - Public information.

455B.395 Public information.
Information obtained under this part or a rule, order or condition adopted or issued under this part, or an investigation authorized thereby, shall be available to the public unless the information constitutes trade secrets or information which is entitled to confidential treatment in order to protect a plan, process, tool, mechanism, or compound which is known only to the person claiming confidential treatment and confidential treatment is necessary to protect the person’s trade, business or manufacturing process.
84 Acts, ch 1108, §7
Referred to in §459.506
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.396 - Claim of state.

455B.396 Claim of state.
1. Liability to the state under this part 4 or part 5 of this subchapter IV is a debt to the state. Liability to a political subdivision under this part 4 of subchapter IV is a debt to the political subdivision. The debt, together with interest on the debt at the maximum lawful rate of interest permitted pursuant to section 535.2, subsection 3, paragraph “a”, from the date costs and expenses are incurred by the state or a political subdivision is a lien on real property, except single and multifamily residential property, on which the department incurs costs and expenses creating a liability and owned by the persons liable under this part 4 or part 5. To perfect the lien, a statement of claim describing the property subject to the lien must be filed within one hundred twenty days after the incurrence of costs and expenses by the state or a political subdivision. The statement shall be filed with, accepted by, and recorded by the county recorder in the county in which the property subject to the lien is located. The statement of claim may be amended to include subsequent liabilities. To be effective, the statement of claim shall be amended and filed within one hundred twenty days after the occurrence of the event resulting in the amendment.
2. The lien may be dissolved by filing with the appropriate recording officials a certificate that the debt for which the lien is attached, together with interest and costs on the debt, has been paid or legally abated.
86 Acts, ch 1115, §1; 2009 Acts, ch 16, §4; 2021 Acts, ch 76, §103; 2021 Acts, ch 174, §24
Referred to in §459.506
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.397 - Financial disclosure.

455B.397 Financial disclosure.
Immediately upon the incurrence of any liability to the state under this part, the debtor shall submit to the director a report consisting of documentation of the debtor’s liabilities and assets, including if filed, a copy of the 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 life of the debt. These reports shall be kept confidential and shall not be available to the public.
86 Acts, ch 1115, §2; 90 Acts, ch 1205, §12; 2021 Acts, ch 165, §220, 230
Referred to in §459.506
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.399 - Cleanup assistance — liability.

455B.399 Cleanup assistance — liability.
1. A person who provides assistance or advice in mitigating or attempting to mitigate the effects of an actual or threatened hazardous condition or in preventing, cleaning up or disposing of or in attempting to prevent, clean up or dispose of a hazardous condition is not liable for damages resulting from the assistance or advice.
2. Subsection 1 does not apply to a person who receives compensation other than reimbursement for out-of-pocket expenses for services in rendering the assistance or advice.
3. This section does not limit the liability of a person for damages resulting from the person’s gross negligence or reckless, wanton or intentional misconduct.
84 Acts, ch 1059, §1
Referred to in §459.506
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.411 - Definitions.

455B.411 Definitions.
As used in this part 5, unless the context otherwise requires:
1. “Disposal” means the discharge, deposit, injection, dumping, spilling, leaking, or placing of a hazardous waste or hazardous substance into or on land or water so that the hazardous waste or hazardous substance or a constituent of the hazardous waste or hazardous substance may enter the environment or be emitted into the air or discharged into any waters, including groundwaters.
2. “Hazardous substance” means a hazardous substance as defined in 42 U.S.C. §9601 of the federal Comprehensive Environmental Response, Compensation, and Liability Act and any element, compound, mixture, solution, or substance designated pursuant to
40 C.F.R. §302.4
.
3. a. “Hazardous waste” means a waste or combination of wastes that, because of its quantity, concentration, biological degradation, leaching from precipitation, or physical, chemical, or infectious characteristics, has either of the following effects:
(1) Causes, or significantly contributes to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness.
(2) Poses a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed. “Hazardous waste” may include but is not limited to wastes that are toxic, corrosive or flammable or irritants, strong sensitizers or explosives.
b. “Hazardous waste” does not include:
(1) Agricultural wastes, including manures and crop residues that are returned to the soil as fertilizers or soil conditioners.
(2) Source, special nuclear, or by-product material as defined in the Atomic Energy Act of 1954, as amended to January 1, 1979.
4. “Hazardous waste or hazardous substance disposal site” means real property which has been used for the disposal of hazardous waste or hazardous substances either illegally or prior to regulation as a hazardous waste or a hazardous substance under this part and any adjoining real property and groundwater affected by the disposal activities.
[C81, §455B.130; 81 Acts, ch 151, §1]
C83, §455B.411
84 Acts, ch 1108, §8; 84 Acts, ch 1157, §1; 84 Acts, ch 1158, §2; 86 Acts, ch 1025, §2, 3; 91 Acts, ch 155, §2; 2011 Acts, ch 9, §3
Referred to in §124C.1, 455B.191, 455B.301, 455B.304, 455B.381, 455B.482, 455B.751, 455F.1, 558.69, 716B.1
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.425 - Annual report on hazardous substance remedial fund.

455B.425 Annual report on hazardous substance remedial fund.
The director shall annually on January 1 give a full accounting of moneys received, moneys expended, sources and recipients, and purposes of the expenditures for the preceding fiscal year in the hazardous substance remedial fund to the general assembly and the governor.
84 Acts, ch 1108, §11; 86 Acts, ch 1025, §6; 86 Acts, ch 1245, §1899
Referred to in §455B.432
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES › Section 455B.426 - Registry of hazardous waste or hazardous substance disposal sites.

455B.426 Registry of hazardous waste or hazardous substance disposal sites.
1. The director shall maintain and make available for public inspection a registry of confirmed hazardous waste or hazardous substance disposal sites in the state. The director shall take all necessary action to ensure that the registry provides a complete listing of all sites. The registry shall contain the exact location of each site and identify the types of waste found at each site.
2. The director shall investigate all known or suspected hazardous waste or hazardous substance disposal sites and determine whether each site should be included in the registry. In the evaluation of known or suspected hazardous waste or hazardous substance disposal sites, the director may enter private property and perform tests and analyses.
3. Beginning July 1, 2011, a new site shall not be placed on the registry of confirmed hazardous waste or hazardous substance disposal sites.
4. A site placed on the registry of confirmed hazardous waste or hazardous substance disposal sites prior to July 1, 2011, shall be removed upon the execution of a uniform environmental covenant pursuant to the provisions of chapter 455I relating to the contaminated portions of the property listed on the registry. A site may also be removed from the registry pursuant to section 455B.427, subsection 4.
5. If no sites remain listed on the registry of confirmed hazardous waste or hazardous substance disposal sites, the department shall recommend to the general assembly the repeal of this section and sections 455B.427 through 455B.432.
84 Acts, ch 1108, §12; 86 Acts, ch 1025, §7; 86 Acts, ch 1245, §1899; 91 Acts, ch 155, §7; 2011 Acts, ch 9, §4, 5
Referred to in §455B.429, 455B.430, 455B.431, 455B.432, 455H.509