reglab/statecodes huggingface dataset:
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455C - BEVERAGE CONTAINERS CONTROL › Section 455C.3 - Payment of refund value.

455C.3 Payment of refund value.
Except as provided in section 455C.4:
1. A participating dealer shall not refuse to accept from a consumer any empty beverage container of the kind, size, and brand sold by the participating dealer, or refuse to pay to the consumer the refund value of a beverage container as provided under section 455C.2.
2. A distributor shall accept and pick up from a participating dealer served by the distributor or a redemption center for a dealer served by the distributor at least weekly, or when the distributor delivers the beverage product if deliveries are less frequent than weekly, any empty beverage container of the kind, size, and brand sold by the distributor, and shall pay to the participating dealer or redemption center the refund value of a beverage container and the reimbursement as provided under section 455C.2 within one week following pickup of the containers or when the participating dealer normally pays the distributor for the deposit on beverage products purchased from the distributor if less frequent than weekly. A distributor or employee or agent of a distributor is not in violation of this subsection if a redemption center is closed when the distributor attempts to make a regular pickup of empty beverage containers. This subsection does not apply to a distributor selling alcoholic liquor to the alcoholic beverages division of the department of commerce.
3. A distributor shall not be required to pay to a manufacturer a deposit or refund value on a nonrefillable beverage container.
4. A distributor shall accept from a dealer agent any empty beverage container of the kind, size, and brand sold by the distributor and that was picked up by the dealer agent within the geographic territory served by the distributor and the distributor shall pay the dealer agent the refund value of the empty beverage container and the reimbursement as provided in section 455C.2.
5. The alcoholic beverages division of the department of commerce shall provide for the disposal of empty beverage containers as required under subsection 2. The division shall give priority consideration to the recycling of the empty beverage containers to the extent possible, before any other appropriate disposal method is considered or implemented.
[C79, 81, §455C.3]
83 Acts, ch 84, §1; 88 Acts, ch 1200, §3; 89 Acts, ch 272, §36, 42; 90 Acts, ch 1261, §43, 44; 91 Acts, ch 268, §442, 443; 92 Acts, ch 1242, §35, 38, 39, 40, 47; 2022 Acts, ch 1139, §5, 20
Referred to in §455C.2, 455C.12
2022 amendment to subsections 1, 2, and 4 effective January 1, 2023; 2022 Acts, ch 1139, §20
Subsections 1, 2, and 4 amended
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455C - BEVERAGE CONTAINERS CONTROL › Section 455C.5 - Refund value stated on container — exceptions.

455C.5 Refund value stated on container — exceptions.
1. Each beverage container sold or offered for sale in this state by a dealer shall clearly indicate by embossing or by a stamp, label or other method securely affixed to the container, the refund value of the container. The department shall specify, by rule, the minimum size of the refund value indication on the beverage containers.
2. A person, except a distributor, shall not import into this state after July 1, 1979 a beverage container which does not have securely affixed to the container the refund value indication. The provisions of this subsection do not apply if:
a. For beverage containers containing alcoholic liquor as defined in section 123.3, subsection 5, the total capacity of the containers is not more than one quart or, in the case of alcoholic liquor personally obtained outside the United States, one gallon.
b. For beverage containers containing beer as defined in section 123.3, subsection 7, the total capacity of the containers is not more than two hundred eighty-eight fluid ounces.
c. For all other beverage containers, the total capacity of the containers is not more than five hundred seventy-six fluid ounces.
3. The provisions of subsections 1 and 2 of this section do not apply to a refillable glass beverage container which has a brand name permanently marked on it and which has a refund value of not less than five cents, to any other refillable beverage container which has a refund value of not less than five cents and which is exempted by the director under rules adopted by the commission, or to a beverage container sold aboard a commercial airliner or passenger train for consumption on the premises.
[C79, 81, §455C.5]
85 Acts, ch 32, §113; 87 Acts, ch 22, §16
Referred to in §123.26, 455C.4, 455C.12, 455C.14
For future amendment to subsection 1, effective November 15, 2023, see 2022 Acts, ch 1139, §7, 20
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455C - BEVERAGE CONTAINERS CONTROL › Section 455C.6 - Redemption centers.

455C.6 Redemption centers.
1. To facilitate the return of empty beverage containers and to serve dealers of beverages, any person may establish a redemption center, subject to the approval of the department, at which consumers may return empty beverage containers and receive payment of the refund value of such beverage containers. A participating dealer may act as a redemption center for purposes of this chapter.
2. An application for approval of a redemption center shall be filed with the department. The application shall state the name and address of the person responsible for the establishment and operation of the redemption center, the kind and brand names of the beverage containers which will be accepted at the redemption center, and the names and addresses of the dealers to be served by the redemption center. The application shall contain such other information as the director may reasonably require.
3. The department shall approve a redemption center if it finds that the redemption center will provide a convenient service to consumers for the return of empty beverage containers. The order of the department approving a redemption center shall state the dealers to be served by the redemption center and the kind and brand names of empty beverage containers which the redemption center must accept. The order may contain such other provisions to ensure that the redemption center will provide a convenient service to the public as the director may determine.
4. The department may review the approval of any redemption center at any time. After written notice to the person responsible for the establishment and operation of the redemption center, and to the dealers served by the redemption center, the commission may, after hearing, withdraw approval of a redemption center if the commission finds there has not been compliance with the department’s order approving the redemption center, or if the redemption center no longer provides a convenient service to the public.
5. All approved redemption centers shall meet applicable health standards.
[C79, 81, §455C.6]
2019 Acts, ch 59, §138; 2022 Acts, ch 1139, §8, 20
2022 amendment to subsection 1 effective January 1, 2023; 2022 Acts, ch 1139, §20
Subsection 1 amended
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455C - BEVERAGE CONTAINERS CONTROL › Section 455C.7 - Unapproved redemption centers.

455C.7 Unapproved redemption centers.
Any person may establish a redemption center which has not been approved by the department, at which a consumer may return empty beverage containers and receive payment of the refund value of the beverage containers. The establishment of an unapproved redemption center shall not relieve any dealer from the responsibility of redeeming any empty beverage containers of the kind and brand sold by the dealer.
[C79, 81, §455C.7]
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455C - BEVERAGE CONTAINERS CONTROL › Section 455C.12 - Penalties.

455C.12 Penalties.
1. Any person violating the provisions of section 455C.2, 455C.3, or 455C.5, or a rule adopted under this chapter, shall be guilty of a simple misdemeanor.
2. A distributor who collects or attempts to collect a refund value on an empty beverage container when the distributor has paid the refund value on the container to a participating dealer, redemption center, or consumer is guilty of a fraudulent practice.
3. Any person who does any of the following acts is guilty of a fraudulent practice:
a. Collects or attempts to collect the refund value on the container a second time, with the knowledge that the refund value has once been paid by the distributor to a participating dealer, redemption center, or consumer.
b. Manufactures, sells, possesses, or applies a false or counterfeit label or indication that shows or purports to show a refund value for a beverage container, with intent to use the false or counterfeit label or indication.
c. Collects or attempts to collect a refund value on a container with the use of a false or counterfeit label or indication showing a refund value, knowing the label or indication to be false or counterfeit.
4. As used in this section, a false or counterfeit label or indication means a label or indication purporting to show a valid refund value which has not been initially applied as authorized by a distributor.
5. Subsection 2 and subsection 3, paragraph “a”, of this section have no application to empty beverage containers which are intended to be refillable and are in a standard of condition except for sanitization to be refillable by the manufacturer.
6. A person who knowingly attempts to redeem a beverage container that is not properly marked as required by section 455C.5, subsection 1, shall be subject to a civil penalty not to exceed ten dollars per improperly marked beverage container, but not to exceed five thousand dollars total per attempted transaction.
7. Except as provided in subsection 6, a person who violates any provision of this chapter shall be subject to a civil penalty of two thousand dollars per violation, which shall be assessed and collected in the same manner as provided in section 455B.109. Any civil penalty collected under this chapter shall be deposited in the bottle bill fund established in section 455C.12D.
[C79, 81, §455C.12]
2013 Acts, ch 12, §11; 2022 Acts, ch 1139, §9, 10, 20
Referred to in §455C.12D
[ ()]Fraudulent practices, see §714.8 – 714.14
[ ()]2022 amendments to section effective January 1, 2023; 2022 Acts, ch 1139, §20
[ ()]Subsections 2 and 3 amended
[ ()]NEW subsections 6 and 7
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455C - BEVERAGE CONTAINERS CONTROL › Section 455C.12A - Administrative enforcement — compliance orders.

455C.12A Administrative enforcement — compliance orders.
The director may issue any order necessary to secure compliance with or prevent a violation of the provisions of this chapter or any rule adopted or permit or order issued pursuant to this chapter. The person to whom such compliance order is issued may cause to be commenced a contested case within the meaning of chapter 17A by filing within thirty days a notice of appeal to the commission. On appeal, the commission may affirm, modify, or vacate the order of the director.
2022 Acts, ch 1139, §11, 20
Referred to in §455C.12C
Section effective January 1, 2023; 2022 Acts, ch 1139, §20
NEW section
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455C - BEVERAGE CONTAINERS CONTROL › Section 455C.12B - Judicial review.

455C.12B Judicial review.
Judicial review of any order or other action of the commission or director may be sought in accordance with the terms of chapter 17A. Notwithstanding the terms of chapter 17A, petitions for judicial review may be filed in the district court of the county in which the alleged offense was committed.
2022 Acts, ch 1139, §12, 20
Section effective January 1, 2023; 2022 Acts, ch 1139, §20
NEW section
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455C - BEVERAGE CONTAINERS CONTROL › Section 455C.12C - Civil actions for compliance — penalties.

455C.12C Civil actions for compliance — penalties.
1. The attorney general, on request of the department, shall institute any legal proceedings necessary to obtain compliance with an order of the commission or the director, including proceedings for a temporary injunction, or prosecuting any person for a violation of an order of the commission or the director, the provisions of this chapter, or any rules adopted or permit or order issued pursuant to this chapter.
2. Any person who violates any order issued pursuant to section 455C.12A shall be subject to a civil penalty not to exceed two thousand dollars for each day of such violation.
2022 Acts, ch 1139, §13, 20
Section effective January 1, 2023; 2022 Acts, ch 1139, §20
NEW section
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455C - BEVERAGE CONTAINERS CONTROL › Section 455C.12D - Bottle bill fund.

455C.12D Bottle bill fund.
A bottle bill fund is established in the state treasury under the control of the department. The fund shall consist of moneys deposited in the fund pursuant to section 455C.12, subsection 7, and any other moneys appropriated to or deposited in the fund. Moneys in the fund are appropriated to the department for purposes of administering and enforcing this chapter, including reimbursing the attorney general for costs incurred by the attorney general in enforcing this chapter. Notwithstanding section 8.33, moneys in the fund that remain unencumbered or unobligated at the close of a fiscal year shall not revert but shall remain available for expenditure for the purposes designated. Notwithstanding section 12C.7, subsection 2, interest or earnings on moneys in the fund shall be credited to the fund.
2022 Acts, ch 1139, §14, 20
Referred to in §455C.12
Section effective January 1, 2023; 2022 Acts, ch 1139, §20
NEW section
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455C - BEVERAGE CONTAINERS CONTROL › Section 455C.13 - Collection and disposal agreements authorized.

455C.13 Collection and disposal agreements authorized.
1. A distributor, dealer, or redemption center may enter into a contract or agreement with any other distributor, manufacturer, or person for the purpose of collecting or disposing of beverage containers as provided in this chapter.
2. For purposes of this chapter, any contracts entered into pursuant to this section for the collection or disposal of empty beverage containers shall not be deemed to interfere with the refund value pursuant to section 455C.2.
[C81, §455C.13]
2022 Acts, ch 1139, §15, 20
2022 amendment effective January 1, 2023; 2022 Acts, ch 1139, §20
Section amended
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455C - BEVERAGE CONTAINERS CONTROL › Section 455C.14 - Redemption of refused nonrefillable metal beverage containers.

455C.14 Redemption of refused nonrefillable metal beverage containers.
1. If the refund value indication required under section 455C.5 on an empty nonrefillable metal beverage container is readable but the redemption of the container is lawfully refused by a dealer or person operating a redemption center under other sections of this chapter or rules adopted pursuant to these sections, the container shall be accepted and the refund value paid to a consumer as provided in this section. Each beer distributor selling nonrefillable metal beverage containers in this state shall provide individually or collectively by contract or agreement with a dealer, person operating a redemption center, or another person, at least one facility in the county seat of each county where refused empty nonrefillable metal beverage containers having a readable refund value indication as required by this chapter are accepted and redeemed. In cities having a population of twenty-five thousand or more, the number of the facilities provided shall be one for each twenty-five thousand population or a fractional part of that population.
2. A beer distributor violating this section is guilty of a simple misdemeanor.
[C81, §455C.14]
Section not amended; editorial change applied
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455C - BEVERAGE CONTAINERS CONTROL › Section 455C.16 - Beverage containers — disposal at sanitary landfill prohibited.

455C.16 Beverage containers — disposal at sanitary landfill prohibited.
The final disposal of beverage containers, including the final disposal of beverage containers that used to contain alcoholic liquor as defined in section 123.3, subsection 5, by a participating dealer, distributor, manufacturer, or redemption center in a sanitary landfill is prohibited.
89 Acts, ch 272, §37; 91 Acts, ch 268, §435; 92 Acts, ch 1215, §14; 2022 Acts, ch 1139, §16, 20
2022 amendment effective January 1, 2023; 2022 Acts, ch 1139, §20
Section amended
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455C - BEVERAGE CONTAINERS CONTROL › Section 455C.18 - Unclaimed refund value and handling fees.

455C.18 Unclaimed refund value and handling fees.
Any amount of refund value or handling fees possessed by a distributor after the distributor has made payments required pursuant to this chapter shall be considered the property of the distributor.
2022 Acts, ch 1139, §17, 20
Section effective January 1, 2023; 2022 Acts, ch 1139, §20
NEW section
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455D - WASTE VOLUME REDUCTION AND RECYCLING › Section 455D.1 - Definitions.

455D.1 Definitions.
As used in this chapter unless the context otherwise requires:
1. “Commission” means the environmental protection commission.
2. “Department” means the department of natural resources created pursuant to section 455A.2.
3. “Director” means the director of the department.
4. “Pollution prevention techniques” means any of the following practices employed by the user of a toxic substance:
a. Input substitution, which is the replacement of a toxic substance or raw material used in a production process with a nontoxic or less toxic substance.
b. Product reformulation, which is the substitution of an end product which is nontoxic or less toxic upon use or release for an existing end product.
c. Production process redesign or modification, which is the development and use of production processes of a different design other than those currently in use.
d. Production process modernization, which is the upgrading or replacing of existing production process equipment or methods with other equipment or methods based on the same production process.
e. Improved operation and maintenance of existing production process equipment and methods, which is the modification or addition to existing equipment or methods, including but not limited to such techniques as improved housekeeping practices, system adjustments, product and process inspections, and production process control equipment or methods.
f. Recycling, reuse, or extended use of toxic substances by using equipment or methods that become an integral part of the production process.
5. “Recycling” means any process by which waste, or materials that would otherwise become waste, are collected, separated, or processed and revised or returned to use in the form of raw materials or products pursuant to section 455D.4A. “Recycling” includes but is not limited to the composting of yard waste which has been previously separated from other waste, but does not include any form of energy recovery.
6. “Scrap metal” means any ferrous or nonferrous metal suitable for reprocessing into a viable market commodity grade specification.
7. “Waste reduction” means practices which reduce, avoid, or eliminate both the generation of solid waste and the use of toxic materials so as to reduce risks to health and the environment and to avoid, reduce, or eliminate the generation of wastes or environmental pollution at the source and not merely achieved by shifting a waste output or waste stream from one environmental medium to another environmental medium.
89 Acts, ch 272, §1; 2013 Acts, ch 12, §12, 13; 2018 Acts, ch 1023, §5, 6
Referred to in §455D.3
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455D - WASTE VOLUME REDUCTION AND RECYCLING › Section 455D.2 - Findings.

455D.2 Findings.
The general assembly finds that:
1. Iowa’s environment is precious and no person has the right to pollute Iowa’s air, water, or soil. The environment is vulnerable and irreplaceable, and all Iowans have an ongoing responsibility to conserve, preserve, and enhance the state’s natural resources to guarantee their continued existence and use by the present and future generations.
2. The land itself is the source of Iowa’s livelihood not only for the purposes of an agricultural economy, but for the establishment of manufacturing plants, business offices, and residences. While zoning establishes restrictions on the use of land for social order, a similar system has not been established to maintain environmental order below the ground. Protection of the environment includes not only visible but invisible threats as well.
3. The rapidly rising volume of waste deposited by society threatens the capacity of existing and future landfills. The nature of waste disposal today means that unknown quantities of potentially toxic and hazardous materials are being buried and pose a constant threat to the groundwater supply. In addition, the nature of the waste and disposal methods utilized allow the waste to remain basically inert for decades, if not centuries, without decomposition.
4. Wastes filling Iowa’s landfills may, at best, represent a potential resource. However, without proper management, wastes are hazards to the environment and life itself.
5. The reduction of solid waste at the source and the recycling of reusable waste materials will reduce the flow of waste to sanitary landfills and increase the supply of reusable materials for the use of the public.
89 Acts, ch 272, §2
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455D - WASTE VOLUME REDUCTION AND RECYCLING › Section 455D.4 - Waste volume reduction policies.

455D.4 Waste volume reduction policies.
1. It is the policy of this state to encourage the development of waste volume reduction programs and education at the local government level through incentives, technical assistance, grants, and other practical measures.
2. It is the policy of this state to support and encourage the development of new uses and markets for recycled goods, placing emphasis on the development, in Iowa, of businesses relating to waste reduction and recycling.
3. The provision of education concerning waste volume reduction at the elementary through high school levels and through community organizations will enhance the success of local programs requiring public involvement.
4. This state supports and encourages manufacturing methods which are environmentally sustainable, technologically safe, and ecologically sound. The state shall encourage manufacturing methods which enhance waste reduction by creating products with longer usage life, and by creating products which are adaptable to secondary uses, require less input material, and decrease resource consumption.
5. The people of this state recognize that a variety of benefits result from a comprehensive waste reduction policy including the following environmental, economic, governmental, and public benefits:
a. Not producing waste in the first instance is the most certain means for avoiding the widely recognized health and environmental damage associated with waste. Although waste reduction will never eliminate all wastes, to the extent that waste reduction is achieved it results in the most certain form of direct risk reduction.
b. Waste reduction may result in reduced pollution control costs for industry by stimulating and promoting beneficial technological and management reorganization within industry in place of pollution control strategies which channel capital into nonproductive pollution control expenditures.
c. The government is better able to administer programs which offer a variety of benefits to industry and which reduce the overall cost of government involvement than it is to administer programs which offer few benefits to industry and require increasingly extensive, complex, and costly governmental actions.
d. Public confidence in environmental policies of the government is important for the effectiveness of these policies. Waste reduction poses no adverse environmental and public health effects and does not, therefore, lead to increased public concern. Waste reduction also increases the public confidence that the government and industry are doing all that is possible to protect human health and the environment.
89 Acts, ch 272, §4
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455D - WASTE VOLUME REDUCTION AND RECYCLING › Section 455D.5 - Statewide waste reduction and recycling network — established.

455D.5 Statewide waste reduction and recycling network — established.
1. The department shall establish a statewide waste reduction and recycling network to promote the waste management policy contained in section 455B.481 and the waste management hierarchy contained in section 455B.301A. Programs established shall encourage waste generators to reduce the volume of waste generated and to recycle or properly dispose of the waste that is generated. The network shall utilize existing recycling companies when possible. The programs may utilize financial and legal incentives, education, technical assistance, regulation, and other methods as appropriate to implement the programs. The programs may involve the development of public and private sector initiatives, the development of markets and other opportunities for waste reduction and recycling, and other related efforts.
2. The elements of the network shall include but are not limited to all of the following:
a. Promotion of efforts to increase the amount of recyclable materials used by the public.
b. Promotion of efforts to recover recyclable materials from the waste stream.
c. Promotion of local efforts to implement recycling collection centers located at disposal sites or other convenient local sites.
d. Promotion of local efforts of curbside collection of separated recyclable waste materials.
e. Provision of public education programs which promote public awareness of waste volume reduction and the use of recyclable materials.
f. Promotion of the creation of markets for recyclable materials.
g. Promotion of research, manufacturing processes, and product development, which provide for waste reduction through decreased material input, and resource consumption.
h. Promotion of the concentration of the efforts of the business and industry resource search service by the small business assistance center for the safe and economic management of solid waste and hazardous substances at the university of northern Iowa, to locate existing waste streams and materials from businesses and industries which generate small amounts of waste and to catalyze the reuse of these materials in the production of goods and services.
89 Acts, ch 272, §5; 95 Acts, ch 44, §4
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455D - WASTE VOLUME REDUCTION AND RECYCLING › Section 455D.6 - Duties of the director.

455D.6 Duties of the director.
The director shall:
1. Unless otherwise specified in this chapter, recommend rules to the commission which are necessary to implement this chapter.
2. Administer and coordinate the waste volume reduction and recycling fund created under section 455D.15.
3. Enter into contracts and agreements, with the approval of the commission, for contracts in excess of twenty-five thousand dollars, with local units of government, other state agencies, governments of other states, governmental agencies of the United States, other public and private contractors, and other persons as may be necessary or beneficial in carrying out the department’s duties under this chapter.
4. Develop a strategy and recommend to the commission the adoption of rules necessary to implement a strategy for white goods and waste oil.
5. Develop a strategy and recommend to the commission the adoption of rules necessary to implement a strategy for the recycling of electronic goods and the disassembling and removing of toxic parts from electronic goods.
89 Acts, ch 272, §6; 2002 Acts, ch 1162, §59; 2003 Acts, ch 145, §286; 2013 Acts, ch 12, §16, 17
Referred to in §455D.22, 455D.25
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455D - WASTE VOLUME REDUCTION AND RECYCLING › Section 455D.7 - Duties of the commission.

455D.7 Duties of the commission.
The commission shall:
1. Unless otherwise specified in this chapter, adopt rules necessary to implement this chapter pursuant to chapter 17A.
2. Prohibit land disposal of specific components of the waste stream for which the department has developed and implemented a strategy for alternative disposal according to the waste management hierarchy.
3. Establish by rule standards for the acceptance of recyclable or rebatable products at redemption centers. The standards may address matters of public health and handling by the redemption center.
89 Acts, ch 272, §7; 2013 Acts, ch 12, §18, 19
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455D - WASTE VOLUME REDUCTION AND RECYCLING › Section 455D.9 - Land disposal of yard waste — prohibited.

455D.9 Land disposal of yard waste — prohibited.
1. Land disposal of yard waste as defined by the department is prohibited. A sanitary landfill may accept yard waste under any of the following circumstances:
a. When the yard waste is separated at its source from other solid waste and is accepted by the sanitary landfill for the purposes of soil conditioning and composting.
b. When the yard waste is collected for disposal as a result of a severe storm and the yard waste originates in an area declared to be a disaster area in a declaration issued by the president of the United States or the governor.
c. When the yard waste is collected for disposal to control, eradicate, or prevent the spread of insect pests, tree and plant diseases, or invasive plant species problems.
d. When the yard waste is collected for disposal by a sanitary landfill that operates a methane collection system that produces energy.
2. The department shall assist local communities in the development of collection systems for yard waste generated from residences and shall assist in the establishment of local composting facilities. Each city and county shall, by ordinance, require persons within the city or county to separate yard waste from other solid waste generated.
3. The department shall adopt rules which define yard waste and provide for the safe and proper method of composting yard waste and other organic materials.
4. State and local agencies responsible for the maintenance of public lands in the state shall give preference to the use of composted materials in all land maintenance activities.
5. This section does not prohibit the use of yard waste as land cover or as soil conditioning material.
6. This section prohibits the open burning of yard waste within the permitted boundary at a sanitary disposal project.
89 Acts, ch 272, §9; 90 Acts, ch 1191, §4; 92 Acts, ch 1182, §5; 2013 Acts, ch 12, §20; 2014 Acts, ch 1060, §1, 2; 2015 Acts, ch 19, §1
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455D - WASTE VOLUME REDUCTION AND RECYCLING › Section 455D.9A - Disposal of baled solid waste at a sanitary landfill — prohibited.

455D.9A Disposal of baled solid waste at a sanitary landfill — prohibited.
Beginning January 1, 1992, a person shall not dispose of baled solid waste at a sanitary landfill and a sanitary landfill shall not accept baled solid waste for final disposal. Solid waste which is baled on-site may be disposed of at the sanitary landfill.
91 Acts, ch 113, §1; 99 Acts, ch 14, §1
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455D - WASTE VOLUME REDUCTION AND RECYCLING › Section 455D.10 - Land disposal of lead acid batteries — prohibited — collection for recycling.

455D.10 Land disposal of lead acid batteries — prohibited — collection for recycling.
1. Beginning July 1, 1990, land disposal of lead acid batteries is prohibited.
2. A person offering for sale or selling lead acid batteries at retail in the state shall do all of the following:
a. Accept used lead acid batteries from customers who purchase new lead acid batteries, at the point of sale.
b. Post written notice that land disposal of lead acid batteries is prohibited and that state law requires the retailer to accept lead acid batteries for recycling when new lead acid batteries are purchased.
3. A person offering for sale or selling lead acid batteries at wholesale shall accept used lead acid batteries from retailers who purchase new lead acid batteries for resale to consumers, or from wholesale customers.
89 Acts, ch 272, §10
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455D - WASTE VOLUME REDUCTION AND RECYCLING › Section 455D.10B - Batteries used in rechargeable consumer products.

455D.10B Batteries used in rechargeable consumer products.
1. A person shall not distribute, sell, or offer for retail sale in the state a rechargeable consumer product manufactured on or after January 1, 1994, unless all of the following conditions are met:
a. The battery can be easily removed by the consumer, or is contained in a battery pack that is separate from the product and can be easily removed.
b. The battery, the instruction manual, and the product package are clearly labeled to indicate that the battery must be recycled or disposed of properly and includes the designation “Cd” or “Ni-Cd” for nickel-cadmium batteries and “Pb” or “Lead” for small lead batteries.
2. a. A rechargeable consumer product manufacturer may apply to the department for exemption from the requirements of subsection 1 if any of the following apply:
(1) The product cannot be redesigned or manufactured to comply with the requirements prior to January 1, 1994.
(2) The redesign of the product to comply with the requirements would result in significant danger to public health and safety.
(3) The battery poses no unreasonable hazard to public health, safety, or the environment when placed in and processed or disposed of as part of mixed municipal solid waste, pursuant to section 455D.10A.
(4) The consumer product manufacturer has in operation a program to recycle used batteries in an environmentally sound manner.
b. A manufacturer of a product that is powered by a battery that cannot be easily removed who has been granted an exemption under this subsection shall label the product as required in subsection 1, paragraph “b”.
3. An exemption granted by the department under subsection 2, paragraph “a”, subparagraph (1), is limited to a maximum of two years, but may be renewed.
92 Acts, ch 1215, §16; 94 Acts, ch 1037, §1, 2; 2011 Acts, ch 25, §109
Referred to in §455D.10A
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455D - WASTE VOLUME REDUCTION AND RECYCLING › Section 455D.11B - Permitting of waste tire collection or processing sites — fees.

455D.11B Permitting of waste tire collection or processing sites — fees.
An owner or operator of a waste tire collection or processing site, including an enclosed site, shall obtain a permit from the department prior to operation of the site. The owner or operator shall pay an annual fee of eight hundred fifty dollars to the department. The moneys collected by the department shall be deposited in the hazardous substance remedial fund established pursuant to section 455B.423 and shall be used for the purposes of administering the waste tire collection or processing site permit program.
92 Acts, ch 1218, §5
Referred to in §455D.22, 455D.25
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455D - WASTE VOLUME REDUCTION AND RECYCLING › Section 455D.11C - Waste tire management fund.

455D.11C Waste tire management fund.
1. A waste tire management fund is created within the state treasury. Notwithstanding section 8.33, any unexpended balance in the fund at the end of each fiscal year shall be retained in the fund. Notwithstanding section 12C.7, any interest or earnings on investments from moneys in the fund shall be credited to the fund. Moneys from the fund that are expended by the department in closing or bringing into compliance a waste tire collection site pursuant to section 455D.11A and later recouped by the department shall be credited to the fund.
2. Moneys in the waste tire management fund are appropriated and shall be used for the following purposes:
a. Thirty percent of the moneys shall be used for all of the following positions:
(1) One full-time equivalent position for the administration of permits and registrations for tire processing, storage, and hauling activities, and tire program initiatives.
(2) One and one-half full-time equivalent positions for waste tire-related compliance checks and inspections. The full-time equivalent positions shall be divided equally between the field offices in the state.
b. Ten percent of the moneys shall be used for a public education and awareness initiative related to the proper tire disposal options and environmental and health hazards posed by improper tire storage.
c. Thirty percent of the moneys shall be used for market development initiatives for waste tires.
d. Thirty percent of the moneys shall be used for waste tire stockpile abatement initiatives which would require a cost-share agreement with the landowner.
96 Acts, ch 1117, §3; 2004 Acts, ch 1173, §1; 2008 Acts, ch 1113, §116; 2011 Acts, ch 34, §103
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455D - WASTE VOLUME REDUCTION AND RECYCLING › Section 455D.11E - Use by regents institutions of tire-derived fuels and other beneficial uses of waste tires.

455D.11E Use by regents institutions of tire-derived fuels and other beneficial uses of waste tires. Repealed by
2004 Acts, ch 1173, §2
.
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455D - WASTE VOLUME REDUCTION AND RECYCLING › Section 455D.11G - Waste tire disposal fees and abatement costs.

455D.11G Waste tire disposal fees and abatement costs.
1. A retail tire dealer who currently charges a fee relating to disposal of used tires is encouraged to include the fee within the sales price of new tires. The practice by retail tire dealers of adding the fee as a separate charge on sales invoices is discouraged.
2. Notwithstanding any provision in this chapter, any generator of waste tires who is identified as being a contributor to the materials which are the object of an abatement and who can document full compliance with this chapter and administrative rules adopted pursuant to this chapter in disposing of such waste tires shall not be liable for any of the cost of recovery actions of the abatement.
96 Acts, ch 1117, §7; 98 Acts, ch 1180, §5
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455D - WASTE VOLUME REDUCTION AND RECYCLING › Section 455D.12 - Plastic container labeling.

455D.12 Plastic container labeling.
1. In this section unless the context otherwise requires:
a. “Label” means a molded imprint or raised symbol on or near the bottom of a plastic product.
b. “Plastic” means any material made of polymeric organic compounds and additives that can be shaped by flow.
c. “Plastic bottle” means a plastic container that has a neck that is smaller than the body of the container, accepts a screw-type, snap cap, or other closure, and has a capacity of sixteen fluid ounces or more, but less than five gallons.
d. “Rigid plastic container” means any formed or molded container, other than a bottle, intended for single use, composed predominantly of plastic resin, and having a relatively inflexible infinite shape or form with a capacity of eight ounces or more, but less than five gallons.
2. A person shall not distribute, sell, or offer for sale in this state a plastic bottle or rigid plastic container unless the product is labeled with a code indicating the plastic resin used to produce the bottle or container. Rigid plastic bottles or rigid plastic containers with labels and basecups of a different material shall be coded by their basic material. The code shall consist of a number placed within a triangle of arrows and letters placed below the triangle of arrows. The triangle shall be equilateral, formed by three arrows with the apex of each point of the triangle at the midpoint of each arrow, rounded with a short radius. The arrowhead of each arrow shall be at the midpoint of each side of the triangle with a short gap separating the pointer from the base of the adjacent arrow. The triangle, formed by the three arrows curved at their midpoints, shall depict a clockwise path around the code number. The numbers and letters used shall be as follows:
a. 1 and PETE (polyethylene terephthalate)
b. 2 and HDPE (high density polyethylene)
c. 3 and V (vinyl)
d. 4 and LDPE (low density polyethylene)
e. 5 and PP (polypropylene)
f. 6 and PS (polystyrene)
g. 7 and OTHER (includes multilayer)
3. A container manufacturer or distributor who violates this section is subject to a civil penalty of not more than five hundred dollars for each violation.
89 Acts, ch 272, §12; 2013 Acts, ch 12, §21, 22
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455D - WASTE VOLUME REDUCTION AND RECYCLING › Section 455D.13 - Land disposal of used oil and used oil filters prohibited — collection and recycling.

455D.13 Land disposal of used oil and used oil filters prohibited — collection and recycling.
1. A sanitary landfill shall not accept used oil for final disposal.
2. A person offering for sale or selling oil or oil filters at retail in the state shall do the following:
a. Accept at the point of sale, used oil and used oil filters from customers, or post notice of locations where a customer may dispose of used oil and used oil filters.
b. Post written notice that it is unlawful to dispose of used oil in a sanitary landfill.
3. A business that generates used oil filters or collects used oil filters from a person shall not dispose of the oil filters in a sanitary landfill and shall source-separate and recycle the oil filters.
89 Acts, ch 272, §13; 2008 Acts, ch 1167, §1, 2
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455D - WASTE VOLUME REDUCTION AND RECYCLING › Section 455D.14 - Products manufactured with chlorofluorocarbons prohibited.

455D.14 Products manufactured with chlorofluorocarbons prohibited.
Beginning January 1, 1990, a person shall not sell, offer for sale, purchase, or use plastic foam packaging products or food service items manufactured with chlorofluorocarbons. Beginning January 1, 1998, a person shall not sell, offer for sale, purchase, or use plastic foam products, not previously prohibited, which are manufactured with fully halogenated chlorofluorocarbons. A person violating this section is guilty of a serious misdemeanor.
89 Acts, ch 272, §14
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455D - WASTE VOLUME REDUCTION AND RECYCLING › Section 455D.15 - Waste volume reduction and recycling fund.

455D.15 Waste volume reduction and recycling fund.
1. A waste volume reduction and recycling fund is created within the state treasury. Moneys received by the department from fees, including general revenue, federal funds, awards, wills, bequests, gifts, or other moneys designated shall be deposited in the state treasury to the credit of the fund. Notwithstanding section 8.33, any unexpended balance in the fund at the end of each fiscal year shall be retained in the fund. Any interest and earnings on investments from money in the fund shall be credited to the fund, section 12C.7 notwithstanding.
2. The fund shall be utilized by the department for providing technical assistance to Iowa businesses in developing and implementing pollution prevention techniques.
89 Acts, ch 272, §15; 2011 Acts, ch 9, §6; 2013 Acts, ch 12, §23, 24
Referred to in §29C.8A, 455D.6
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455D - WASTE VOLUME REDUCTION AND RECYCLING › Section 455D.16 - Mercury — thermostats.

455D.16 Mercury — thermostats.
1. As used in this section, unless the context otherwise requires, “mercury-added thermostat” means a product or device that uses a mercury switch to sense and control room temperature through communication with heating, ventilating, or air-conditioning equipment. “Mercury-added thermostat” includes thermostats used to sense and control room temperature in residential, commercial, industrial, and other buildings but does not include thermostats used to sense and control temperature as part of a manufacturing process.
2. A person shall not sell, offer for sale, or install a mercury-added thermostat in this state.
3. Except as otherwise provided, a person who generates a discarded mercury-added thermostat shall manage the mercury-added thermostat as a hazardous waste or universal hazardous waste, according to all applicable state and federal regulations. A contractor who replaces or removes mercury-added thermostats shall assure that any discarded mercury-added thermostat is subject to proper separation and management as hazardous waste or universal hazardous waste. A contractor who replaces a mercury-added thermostat in a residence shall deliver the mercury-added thermostat to an appropriate collection location for recycling.
2008 Acts, ch 1168, §1; 2015 Acts, ch 29, §60; 2018 Acts, ch 1023, §8; 2019 Acts, ch 59, §142; 2019 Acts, ch 131, §37
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455D - WASTE VOLUME REDUCTION AND RECYCLING › Section 455D.21 - Local ordinance — curbside collection.

455D.21 Local ordinance — curbside collection.
A city council or county board of supervisors which provides for the collection of solid waste by its residents shall consider as a proposed ordinance, the mandatory curbside collection of recyclable materials which have been separated from other solid waste. The proposed ordinance shall be considered in accordance with chapter 331 or 380.
92 Acts, ch 1215, §17
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455D - WASTE VOLUME REDUCTION AND RECYCLING › Section 455D.22 - Civil penalty.

455D.22 Civil penalty.
A person who violates section 455D.4A, 455D.6, subsection 4, section 455D.11, 455D.11A, 455D.11B, 455D.11I, or 455D.19, or any rule, permit, or order issued pursuant thereto shall be subject to a civil penalty which shall be established, assessed, and collected in the same manner as provided in section 455B.109. Any civil penalty collected shall be deposited in the general fund of the state.
2007 Acts, ch 151, §8; 2018 Acts, ch 1023, §9
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455D - WASTE VOLUME REDUCTION AND RECYCLING › Section 455D.23 - Administrative enforcement — compliance orders.

455D.23 Administrative enforcement — compliance orders.
The director may issue any order necessary to secure compliance with or prevent a violation of the provisions of this chapter or any rule adopted or permit or order issued pursuant to this chapter. Any order issued to enforce section 455D.4A may include a requirement to remove and properly dispose of materials being accumulated speculatively from a property and impose costs and penalties as determined by the department by rule. The person to whom a compliance order is issued under this section may cause to be commenced a contested case within the meaning of chapter 17A by filing a notice of appeal to the commission. 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.
2007 Acts, ch 151, §9; 2018 Acts, ch 1023, §10; 2019 Acts, ch 97, §8; 2020 Acts, ch 1063, §243
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455D - WASTE VOLUME REDUCTION AND RECYCLING › Section 455D.24 - Judicial review.

455D.24 Judicial review.
Judicial review of any order or other action of the commission or director may be sought in accordance with the terms of chapter 17A. Notwithstanding the terms of chapter 17A, petitions for judicial review may be filed in the district court of the county in which the alleged offense was committed.
2007 Acts, ch 151, §10