reglab/statecodes huggingface dataset:
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455D - WASTE VOLUME REDUCTION AND RECYCLING › Section 455D.25 - Civil actions for compliance — penalties.

455D.25 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 or the provisions of this chapter or any rules adopted or permit or order issued pursuant to this chapter.
2. Any person who violates section 455D.4A, 455D.10A, 455D.11, 455D.11A, 455D.11B, 455D.11I, or 455D.19, or any order or permit issued or rule adopted pursuant to section 455D.6, subsection 4, section 455D.10A, 455D.11, 455D.11A, 455D.11B, 455D.11I, or 455D.19, shall be subject to a civil penalty, not to exceed ten thousand dollars for each day of such violation.
2007 Acts, ch 151, §11; 2018 Acts, ch 1023, §11
Referred to in §455D.19
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455E - GROUNDWATER PROTECTION › Section 455E.2 - Definitions.

455E.2 Definitions.
As used in this chapter, unless the context otherwise requires:
1. “Active cleanup” means removal, treatment, or isolation of a contaminant from groundwater through the directed efforts of humans.
2. “Commission” means the environmental protection commission created under section 455A.6.
3. “Contaminant” means any chemical, ion, radionuclide, synthetic organic compound, microorganism, waste, or other substance which does not occur naturally in groundwater or which naturally occurs at a lower concentration.
4. “Contamination” means the direct or indirect introduction into groundwater of any contaminant caused in whole or in part by human activities.
5. “Department” means the department of natural resources created under section 455A.2.
6. “Director” means the director of the department.
7. “Groundwater” means any water of the state, as defined in section 455B.171, which occurs beneath the surface of the earth in a saturated geological formation of rock or soil.
8. “Passive cleanup” means the removal or treatment of a contaminant in groundwater through management practices or the construction of barriers, trenches, and other similar facilities for prevention of contamination, as well as the use of natural processes such as groundwater recharge, natural decay, and chemical or biological decomposition.
87 Acts, ch 225, §102
Referred to in §455B.190A
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455E - GROUNDWATER PROTECTION › Section 455E.3 - Findings.

455E.3 Findings.
The general assembly finds that:
1. Groundwater is a precious and vulnerable natural resource. The vast majority of persons in the state depend on groundwater as a drinking water source. Agriculture, commerce, and industry also depend heavily on groundwater. Historically, the majority of Iowa’s groundwater has been usable for these purposes without treatment. Protection of groundwater is essential to the health, welfare, and economic prosperity of all citizens of the state.
2. Many activities of humans, including the manufacturing, storing, handling, and application to land of pesticides and fertilizers; the disposal of solid and hazardous wastes; the storing and handling of hazardous substances; and the improper construction and the abandonment of wells and septic systems have resulted in groundwater contamination throughout the state.
3. Knowledge of the health effects of contaminants varies greatly. The long-term detriment to human health from synthetic organic compounds in particular is largely unknown but is of concern.
4. Any detectable quantity of a synthetic organic compound in groundwater is unnatural and undesirable.
5. The movement of groundwater, and the movement of contaminants in groundwater, are often difficult to ascertain or control. Decontamination is difficult and expensive to accomplish. Therefore, preventing contamination of groundwater is of paramount importance.
87 Acts, ch 225, §103
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455E - GROUNDWATER PROTECTION › Section 455E.4 - Groundwater protection goal.

455E.4 Groundwater protection goal.
The intent of the state is to prevent contamination of groundwater from point and nonpoint sources of contamination to the maximum extent practical, and if necessary to restore the groundwater to a potable state, regardless of present condition, use, or characteristics.
87 Acts, ch 225, §104
Referred to in §455B.307
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455E - GROUNDWATER PROTECTION › Section 455E.5 - Groundwater protection policies.

455E.5 Groundwater protection policies.
1. It is the policy of the state to prevent further contamination of groundwater from any source to the maximum extent practical.
2. The discovery of any groundwater contamination shall require appropriate actions to prevent further contamination. These actions may consist of investigation and evaluation or enforcement actions if necessary to stop further contamination as required under chapter 455B.
3. All persons in the state have the right to have their lawful use of groundwater unimpaired by the activities of any person which render the water unsafe or unpotable.
4. All persons in the state have the duty to conduct their activities so as to prevent the release of contaminants into groundwater.
5. Documentation of any contaminant which presents a significant risk to human health, the environment, or the quality of life shall result in either passive or active cleanup. In both cases, the best technology available or best management practices shall be utilized. The department shall adopt rules which specify the general guidelines for determining the cleanup actions necessary to meet the goals of the state and the general procedures for determining the parties responsible by July 1, 1989. Until the rules are adopted, the absence of rules shall not be raised as a defense to an order to clean up a source of contamination.
6. Adopting health-related groundwater standards may be of benefit in the overall groundwater protection or other regulatory efforts of the state. However, the existence of such standards, or lack of them, shall not be construed or utilized in derogation of the groundwater protection goal and protection policies of the state.
7. The department shall take actions necessary to promote and assure public confidence and public awareness. In pursuing this goal, the department shall make public the results of groundwater investigations.
8. Education of the people of the state is necessary to preserve and restore groundwater quality. The content of this groundwater protection education must assign obligations, call for sacrifice, and change some current values. Educational efforts should strive to establish a conservation ethic among Iowans and should encourage each Iowan to go beyond enlightened self-interest in the protection of groundwater quality.
87 Acts, ch 225, §105
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455E - GROUNDWATER PROTECTION › Section 455E.6 - Legal effects — liability.

455E.6 Legal effects — liability.
1. This chapter supplements other legal authority and shall not enlarge, restrict, or abrogate any remedy which any person or class of persons may have under other statutory or common law and which serves the purpose of groundwater protection. An activity that does not violate chapter 455B or chapter 459, subchapters II and III, does not violate this chapter. In the event of a conflict between this section and another provision of this chapter, it is the intent of the general assembly that this section prevails.
2. Liability shall not be imposed upon an agricultural producer for the costs of active cleanup, or for any damages associated with or resulting from the detection in the groundwater of any quantity of nitrates provided that application has been in compliance with soil test results and that the applicator has properly complied with label instructions for application of the fertilizer. Compliance with the above provisions may be raised as an affirmative defense by an agricultural producer.
3. Liability shall not be imposed upon an agricultural producer for costs of active cleanup, or for any damages associated with or resulting from the detection in the groundwater of pesticide provided that the applicator has properly complied with label instructions for application of the pesticide and that the applicator has a valid appropriate applicator’s license. Compliance with the above provisions may be raised as an affirmative defense by an agricultural producer.
87 Acts, ch 225, §106; 2018 Acts, ch 1041, §127
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455E - GROUNDWATER PROTECTION › Section 455E.8 - Powers and duties of the director.

455E.8 Powers and duties of the director.
In addition to other groundwater protection duties, the director, in cooperation with soil and water conservation district commissioners and with other state and local agencies, shall:
1. Develop and administer a comprehensive groundwater monitoring network, including point of use, point of contamination, and problem assessment monitoring sites across the state, and the assessment of ambient groundwater quality.
2. Complete groundwater hazard mapping of the state and make the results available to state and local planning organizations by July 1, 1991.
3. Establish a system or systems within the department for collecting, evaluating, and disseminating groundwater quality data and information.
4. Develop and maintain a natural resource geographic information system and comprehensive water resource data system. The system shall be accessible to the public.
5. Develop and adopt by administrative rule, criteria for evaluating groundwater protection programs by July 1, 1988.
6. Take any action authorized by law, including the investigatory and enforcement actions authorized by chapters 455B and 459, subchapters I, II, III, IV, and VI, to implement the provisions of this chapter and the rules adopted pursuant to this chapter.
7. Disseminate data and information, relative to this chapter, to the public to the greatest extent practical.
8. Develop a program, in consultation with the department of education and the department of environmental education of the university of northern Iowa, regarding water quality issues which shall be included in the minimum program required in grades seven and eight pursuant to rules adopted by the state board of education under section 256.11, subsection 4.
87 Acts, ch 225, §108; 88 Acts, ch 1262, §8; 2013 Acts, ch 12, §25
Referred to in §455E.11
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455E - GROUNDWATER PROTECTION › Section 455E.9 - Powers and duties of the commission.

455E.9 Powers and duties of the commission.
1. The commission shall adopt rules to implement this chapter.
2. When groundwater standards are proposed by the commission, all available information to develop the standards shall be considered, including federal regulations and all relevant information gathered from other sources. A public hearing shall be held in each congressional district prior to the submittal of a report on standards to the general assembly. This report on how groundwater standards may be a part of a groundwater protection program shall be submitted by the department to the general assembly for its consideration by January 1, 1989.
87 Acts, ch 225, §109
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455E - GROUNDWATER PROTECTION › Section 455E.10 - Joint duties — local authority.

455E.10 Joint duties — local authority.
1. All state agencies shall consider groundwater protection policies in the administration of their programs. Local agencies shall consider groundwater protection policies in their programs. All agencies shall cooperate with the department in disseminating public information and education materials concerning the use and protection of groundwater, in collecting groundwater management data, and in conducting research on technologies to prevent or remedy contamination of groundwater.
2. Political subdivisions are authorized and encouraged to implement groundwater protection policies within their respective jurisdictions, provided that implementation is at least as stringent but consistent with the rules of the department.
87 Acts, ch 225, §110
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455F - HOUSEHOLD HAZARDOUS MATERIAL › Section 455F.1 - Definitions.

455F.1 Definitions.
As used in this chapter unless the context otherwise requires:
1. “Commission” means the state environmental protection commission.
2. “Department” means the department of natural resources.
3. “Household hazardous material” means a product used for residential purposes and designated by rule of the department of natural resources and may include any hazardous substance as defined in section 455B.411, subsection 2; and any hazardous waste as defined in section 455B.411, subsection 3. However, “household hazardous material” does not include noncaustic household cleaners, laundry detergents or soaps, dishwashing compounds, chlorine bleach, personal care products, personal care soaps, cosmetics, and medications.
4. “Manufacturer” means a person who manufactures or produces a household hazardous material for resale in this state.
5. “Regional collection center” means a secured facility at which collection, sorting, and packaging of household hazardous materials and hazardous materials from conditionally exempt small quantity generators are accomplished prior to transportation of these materials to the final disposal site. Regional collection centers have regular hours during which the public may drop off hazardous materials. A regional collection center may be a government agency or a private agency under contract with a government agency as part of a solid waste comprehensive plan.
6. “Residential” means a permanent place of abode, which is a person’s home as opposed to a person’s place of business.
7. “Retailer” means a person offering for sale or selling a household hazardous material to the ultimate consumer, within the state.
8. “Satellite facility” means a secured facility at which collection and storage of household hazardous materials and hazardous materials from conditionally exempt small quantity generators are accomplished prior to transportation of these materials to a regional collection center. A satellite facility has a written contract with a regional collection center for the removal of collected household hazardous materials. A satellite facility may be operated by a government agency or a private agency under contract with a government agency as part of a solid waste comprehensive plan. A satellite facility is available for public drop off of household hazardous materials either during regularly scheduled hours or by appointment.
9. “Wholesaler” or “distributor” means a person other than a manufacturer or manufacturer’s agent who engages in the business of selling or distributing a household hazardous material within the state, for the purpose of resale.
87 Acts, ch 225, §501; 97 Acts, ch 191, §1; 2016 Acts, ch 1010, §3 – 5
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455F - HOUSEHOLD HAZARDOUS MATERIAL › Section 455F.2 - Policy statement.

455F.2 Policy statement.
It is the policy of this state to educate Iowans regarding the hazardous nature of certain household products, proper use of the products, and the proper methods of disposal of residual product and containers in order to protect the public health, safety, and the environment.
87 Acts, ch 225, §502
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455F - HOUSEHOLD HAZARDOUS MATERIAL › Section 455F.6 - Duties of the department.

455F.6 Duties of the department.
The department shall:
1. Designate products which are household hazardous materials and, based upon the designations and in consultation with manufacturers, distributors, wholesalers, and retailer associations, develop a household hazardous product list for the use of retailers in identifying the products.
2. Enforce the provisions of this chapter and implement the penalties established.
87 Acts, ch 225, §506; 88 Acts, ch 1169, §14; 2016 Acts, ch 1010, §7
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455F - HOUSEHOLD HAZARDOUS MATERIAL › Section 455F.7 - Household hazardous materials permit.

455F.7 Household hazardous materials permit.
1. A retailer offering for sale or selling a household hazardous material shall have a valid permit for each place of business owned or operated by the retailer for this activity. All permits provided for in this section shall expire on June 30 of each year. Every retailer shall submit an annual application by July 1 of each year and a fee of twenty-five dollars to the department of revenue for a permit upon a form prescribed by the director of revenue. Permits are nonrefundable, are based upon an annual operating period, and are not prorated. A person in violation of this section shall be subject to permit revocation upon notice and hearing. The department shall remit the fees collected to the household hazardous waste account of the groundwater protection fund. A person distributing general use pesticides labeled for agricultural or lawn and garden use with gross annual pesticide sales of less than ten thousand dollars is subject to the requirements and fee payment prescribed by this section.
2. A manufacturer or distributor of household hazardous materials, which authorizes retailers as independent contractors to sell the products of the manufacturer or distributor on a person-to-person basis primarily in the customer’s home, may obtain a single household hazardous materials permit on behalf of its authorized retailers in the state, in lieu of individual permits for each retailer, and pay a fee of twenty-five dollars. However, a manufacturer or distributor which has gross retail sales of three million dollars or more in the state shall pay an additional permit fee of one hundred dollars for each subsequent increment of three million dollars of gross retail sales in the state, up to a maximum permit fee of three thousand dollars.
87 Acts, ch 225, §507; 88 Acts, ch 1169, §15; 2003 Acts, ch 145, §286; 2013 Acts, ch 90, §111
Referred to in §455E.11
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455F - HOUSEHOLD HAZARDOUS MATERIAL › Section 455F.8 - Household hazardous materials program created.

455F.8 Household hazardous materials program created.
The department shall conduct programs to promote the proper management of household hazardous materials collected from residents and conditionally exempt small quantity generators.
87 Acts, ch 225, §508; 90 Acts, ch 1255, §32; 2016 Acts, ch 1010, §8
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455F - HOUSEHOLD HAZARDOUS MATERIAL › Section 455F.8A - Household hazardous material regional collection centers and satellite facilities.

455F.8A Household hazardous material regional collection centers and satellite facilities.
1. a. The department shall establish a competitive grant program to assist in the development of permanent household hazardous material regional collection centers and satellite facilities.
b. The grant program shall provide for the establishment of permanent collection facilities so that both rural and urban populations are served.
c. The department shall develop criteria to evaluate proposals for the establishment of permanent collection facilities. The criteria shall give priority to proposals for permanent collection facilities which provide the most efficient services and which provide local, public, and private contributions for establishment of the permanent collection facilities. The criteria shall also include a requirement that the recipient of a grant design and construct a facility sufficient for the collection, sorting, and packaging of materials prior to transportation of the materials to the final disposal site. Final review of design and construction of the proposed facilities shall be by the department.
d. The recipients of grants shall provide for collection of hazardous wastes from conditionally exempt small quantity generators in the area of the facility established. The facility shall require payment for collection from conditionally exempt small quantity generators if the amount of waste disposed is greater than ten pounds. Conditionally exempt small quantity generators which deliver their hazardous wastes to a permanent collection facility shall not be required to obtain a permit to transport the hazardous waste to the permanent collection facility.
2. An owner or operator of a collection facility which provides for the collection and disposal of household hazardous materials as part of an approved comprehensive plan pursuant to section 455B.306 shall be eligible for reimbursement moneys pursuant to section 455E.11, subsection 2, paragraph “a”, subparagraph (2), subparagraph division (e). The department shall develop eligibility criteria for the receipt of such reimbursement moneys.
90 Acts, ch 1255, §33; 2005 Acts, ch 33, §1; 2009 Acts, ch 41, §263; 2016 Acts, ch 1010, §9
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455F - HOUSEHOLD HAZARDOUS MATERIAL › Section 455F.9 - Public information and education program.

455F.9 Public information and education program.
The department shall implement a public information and education program regarding the proper management of household hazardous materials. The program shall provide appropriate information concerning the reduction in use of the materials, including the purchase of smaller quantities, selection of alternative products, and proper disposal. The department shall also develop and provide to a retailer upon request, at departmental expense, consumer brochures which provide information about household hazardous materials. The retailer shall distribute the brochures without charge to customers upon request. The department shall cooperate with existing educational institutions, the household product industry, distributors, wholesalers, and retailers, and other agencies of government and shall enlist the support of service organizations, whenever possible, in promoting and conducting the program in order to effectuate the household hazardous materials policy of the state.
87 Acts, ch 225, §509; 97 Acts, ch 191, §3; 2016 Acts, ch 1010, §10
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455G - FUEL STORAGE TANKS AND DISPENSING INFRASTRUCTURE › Section 455G.2A - Standards and classifications of motor fuel.

455G.2A Standards and classifications of motor fuel.
For purposes of this chapter, motor fuel must meet the standards and classifications as provided in section 214A.2.
2022 Acts, ch 1067, §24, 31
Section effective January 1, 2023; 2022 Acts, ch 1067, §31
NEW section
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455G - FUEL STORAGE TANKS AND DISPENSING INFRASTRUCTURE › Section 455G.5 - Independent contractors to be retained by board.

455G.5 Independent contractors to be retained by board.
1. The board shall administer the fund. A contract entered into on or after July 1, 1992, to retain a person to act as the administrator of the fund shall be subject to public bid. All other contracts to retain a person under this section shall be in compliance with the public bidding requirements of section 455G.4, subsection 4.
2. The board may enter into a contract or an agreement authorized under chapter 28E with a private agency or person, the department of natural resources, the Iowa finance authority, the department of administrative services, the department of revenue, other departments, agencies, or governmental subdivisions of this state, another state, or the United States, in connection with its administration and implementation of this subchapter or chapter 455B.
3. The board may reimburse a contractor, public or private, retained pursuant to this section for expenses incurred in the execution of a contract or agreement. Reimbursable expenses include, by way of example, but not exclusion, the costs of administering specific delegated duties or powers of the board.
89 Acts, ch 131, §46; 92 Acts, ch 1217, §5; 2003 Acts, ch 145, §286; 2004 Acts, ch 1101, §65; 2013 Acts, ch 90, §120; 2016 Acts, ch 1105, §9, 15
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455G - FUEL STORAGE TANKS AND DISPENSING INFRASTRUCTURE › Section 455G.8 - Revenue sources for fund.

455G.8 Revenue sources for fund.
Revenue for the fund shall include but is not limited to the following, which shall be deposited with the board or its designee as provided by any bond or security documents and credited to the fund:
1. Bonds issued to capitalize fund. The proceeds of bonds issued to capitalize and pay the costs of the fund, and investment earnings on the proceeds except as required for the capital reserve funds.
2. Statutory allocations fund. The moneys credited from the statutory allocations fund under section 321.145, subsection 2, paragraph “a”, Code 2016, shall be allocated, consistent with this subchapter, among the fund’s accounts, for debt service and other fund expenses, according to the fund budget, resolution, trust agreement, or other instrument prepared or entered into by the board or treasurer of state under direction of the board.
3. Cost recovery enforcement. Cost recovery enforcement net proceeds as provided by section 455G.13 shall be allocated to the innocent landowners fund created under section 455G.21, subsection 2, paragraph “a”. When federal cleanup funds are recovered, the funds are to be deposited to the remedial account of the fund and used solely for the purpose of future cleanup activities.
4. Other sources. Interest attributable to investment of money in the fund or an account of the fund. Moneys in the form of a devise, gift, bequest, donation, federal or other grant, reimbursement, repayment, judgment, transfer, payment, or appropriation from any source intended to be used for the purposes of the fund.
89 Acts, ch 131, §49; 90 Acts, ch 1235, §21; 95 Acts, ch 215, §14, 15; 98 Acts, ch 1068, §6; 99 Acts, ch 114, §31
; 2003 Acts, 1st Ex, ch 2, §200, 205
; 2008 Acts, ch 1113, §119; 2010 Acts, ch 1193, §179, 192, 195; 2013 Acts, ch 90, §125; 2016 Acts, ch 1105, §11, 15
Referred to in §455G.3
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455G - FUEL STORAGE TANKS AND DISPENSING INFRASTRUCTURE › Section 455G.12 - Board authority for prioritization.

455G.12 Board authority for prioritization.
1. If the board determines that, within the realm of sound business judgment and practice, prioritization of assistance is necessary in light of funds available for loan guarantees or insurance coverage, the board may develop rules for assistance or coverage prioritization based upon adherence or planned adherence of the owner or operator to higher than minimum environmental protection and safety compliance considerations.
2. Prior to the adoption of prioritization rules, the board shall at minimum review the following issues:
a. The positive environmental impact of assistance prioritization.
b. The economic feasibility, including the availability of private financing, for an owner or operator to obtain priority status.
c. Any negative impact on Iowa’s rural petroleum distribution network which could result from prioritization.
d. Any similar prioritization systems in use by the private financing or insurance markets in this state, including terms, conditions, or exclusions.
e. The intent of this subchapter that the board shall maximize the availability of reasonably priced, financially sound insurance coverage or loan guarantee assistance.
89 Acts, ch 131, §53; 2011 Acts, ch 25, §143; 2013 Acts, ch 90, §127
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455G - FUEL STORAGE TANKS AND DISPENSING INFRASTRUCTURE › Section 455G.14 - Fund not subject to regulation.

455G.14 Fund not subject to regulation.
The fund is not subject to regulation under chapter 502 or Title XIII, subtitle 1.
89 Acts, ch 131, §55; 98 Acts, ch 1068, §14; 2005 Acts, ch 19, §68
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455G - FUEL STORAGE TANKS AND DISPENSING INFRASTRUCTURE › Section 455G.15 - Fund not part of the Iowa insurance guaranty association.

455G.15 Fund not part of the Iowa insurance guaranty association.
Notwithstanding any other provisions of law to the contrary, the fund shall not be considered an insurance company or insurer under the laws of this state and shall not be a member of nor be entitled to claim against the Iowa insurance guaranty association created under chapter 515B.
89 Acts, ch 131, §56
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455G - FUEL STORAGE TANKS AND DISPENSING INFRASTRUCTURE › Section 455G.16 - Financial institution participation in fund.

455G.16 Financial institution participation in fund.
1. The board may impose conditions on the participation of a financial institution in the fund. Conditions shall be reasonably intended to increase the quantity of private capital available for loans to tank owners or operators who are small businesses within the meaning of section 455G.2. Additionally, the board may offer incentives to financial institutions meeting conditions imposed by the board. Incentives may include extended fund coverage of corrective action or third-party liability expenses, waiver of copayment or deductible requirements, or other benefits not offered to other participants, if reasonably intended to increase the quantity of private capital available for loans by an amount greater than the increased costs of the incentives to the fund.
2. Third-party liability expenses under this section specifically exclude any claim, cause of action, or suit, for personal injury including but not limited to loss of use or of private enjoyment, mental anguish, false imprisonment, wrongful entry or eviction, humiliation, discrimination, or malicious prosecution.
89 Acts, ch 131, §57; 91 Acts, ch 252, §37; 2019 Acts, ch 24, §104
Referred to in §455G.9
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455G - FUEL STORAGE TANKS AND DISPENSING INFRASTRUCTURE › Section 455G.21 - Marketability fund.

455G.21 Marketability fund.
1. A marketability fund is created as a separate fund in the state treasury under the control of the board. The board shall administer the marketability fund. Notwithstanding section 8.33, moneys remaining in the marketability fund at the end of each fiscal year shall not revert to the general fund but shall remain in the marketability fund. The marketability fund shall include, notwithstanding section 12C.7, interest earned by the marketability fund or other income specifically allocated to the marketability fund.
2. The marketability fund shall be used for the following purposes:
a. The innocent landowners fund shall be established as a separate fund in the state treasury under the control of the board. The innocent landowners fund shall include any moneys recovered pursuant to cost recovery enforcement under section 455G.13. Notwithstanding section 455G.1, subsection 2, benefits for the costs of corrective action may be provided to the owner of a petroleum-contaminated property, or an owner or operator of an underground storage tank located on the property, who is not otherwise eligible to receive benefits under section 455G.9 due to the date on which the release causing the contamination was reported or the date the claim was filed. An owner of a petroleum-contaminated property, or an owner or operator of an underground storage tank located on the property, shall be eligible for payment of corrective action costs subject to copayment requirements under section 455G.9, subsection 4. The board may adopt rules conditioning receipt of benefits under this paragraph to those petroleum-contaminated properties which present a higher degree of risk to the public health and safety or the environment and may adopt rules providing for denial of benefits under this paragraph to a person who did not make a good faith attempt to comply with the provisions of this subchapter. This paragraph does not confer a legal right to an owner of petroleum-contaminated property, or an owner or operator of an underground storage tank located on the property, for receipt of benefits under this paragraph.
b. The remainder of the moneys shall be used for payment of remedial benefits as provided in section 455G.9.
3. Moneys in the fund shall not be used for purposes of bonding or providing security for bonding under this subchapter.
95 Acts, ch 215, §28, 34; 96 Acts, ch 1034, §69, 71; 98 Acts, ch 1065, §6; 99 Acts, ch 114, §37, 38; 2001 Acts, ch 51, §3; 2010 Acts, ch 1061, §61; 2013 Acts, ch 90, §134, 135
Referred to in §455G.3, 455G.8, 455G.9
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455G - FUEL STORAGE TANKS AND DISPENSING INFRASTRUCTURE › Section 455G.30 - Definitions.

455G.30 Definitions.
As used in this subchapter, unless the context otherwise requires:
1. “Biodiesel blended fuel” means the same as defined in section 214A.1.
2. “Department” means the department of natural resources.
3. “Diesel fuel” means the same as defined in section 214A.1.
4. “Diesel fuel storage and dispensing infrastructure” or “diesel infrastructure” means motor fuel storage and dispensing infrastructure as defined in section 214.1 used to store and dispense diesel fuel, including biodiesel blended diesel fuel, at a retail motor fuel site as defined in section 214A.1.
5. “Ethanol blended gasoline” means the same as defined in section 214A.1.
6. “Gasoline storage and dispensing infrastructure” or “gasoline infrastructure” means the same as defined in section 214A.1.
7. “Retail dealer” means the same as defined in section 214A.1.
2022 Acts, ch 1067, §25, 31
Section effective January 1, 2023; 2022 Acts, ch 1067, §31
NEW section
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455G - FUEL STORAGE TANKS AND DISPENSING INFRASTRUCTURE › Section 455G.31 - E-85 gasoline storage and dispensing infrastructure.

455G.31 E-85 gasoline storage and dispensing infrastructure.
1. Ethanol blended gasoline shall be classified in the same manner as provided in section 214A.2.
2. Subject to section 455G.32, a retail dealer may use gasoline storage and dispensing infrastructure to store and dispense ethanol blended gasoline classified as E-9 or higher if the department under this subchapter or the state fire marshal under chapter 101 determines that the gasoline infrastructure is compatible with the classification of ethanol blended gasoline being used.
2006 Acts, ch 1142, §25; 2006 Acts, ch 1185, §122; 2007 Acts, ch 22, §80; 2007 Acts, ch 211, §47 – 49; 2008 Acts, ch 1169, §22 – 25, 30; 2009 Acts, ch 105, §1; 2011 Acts, ch 34, §104; 2013 Acts, ch 90, §136; 2018 Acts, ch 1026, §142; 2022 Acts, ch 1067, §26 – 28, 31; 2022 Acts, ch 1152, §21
Referred to in §323.4A
2022 amendments to section by 2022 Acts, ch 10672022 Acts, ch 1067, effective January 1, 2023;
2022 Acts, ch 1067, §31
Section amended
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455G - FUEL STORAGE TANKS AND DISPENSING INFRASTRUCTURE › Section 455G.32 - E-85 gasoline compatible infrastructure — compliance requirement.

455G.32 E-85 gasoline compatible infrastructure — compliance requirement.
1. A retail dealer shall not install, replace, or convert gasoline storage and dispensing infrastructure used to store and dispense ethanol blended gasoline classified as E-15 or higher, unless the installed, replaced, or converted gasoline infrastructure is capable of storing and dispensing ethanol blended gasoline classified as E-85.
2. The infrastructure must be all of the following:
a. Listed as compatible for use with ethanol blended gasoline classified as E-85 by an independent testing laboratory or as approved by the manufacturer.
b. Approved by the department or state fire marshal subject to conditions determined necessary by the department or state fire marshal. The department or state fire marshal may waive the requirement in paragraph “a” upon satisfaction that a substitute requirement serves the same purpose.
2022 Acts, ch 1067, §29, 31
Referred to in §455G.31
Section effective January 1, 2023; 2022 Acts, ch 1067, §31
NEW section
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455G - FUEL STORAGE TANKS AND DISPENSING INFRASTRUCTURE › Section 455G.33 - B-20 diesel fuel compatible infrastructure — compliance requirement.

455G.33 B-20 diesel fuel compatible infrastructure — compliance requirement.
1. A retail dealer shall not install, replace, or convert diesel fuel storage and dispensing infrastructure unless the installed, replaced, or converted diesel fuel infrastructure is capable of storing and dispensing biodiesel blended fuel classified as B-20 or higher.
2. The infrastructure must be all of the following:
a. Listed as compatible for use with biodiesel blended fuel classified as B-20 or higher by an independent testing laboratory or as approved by the manufacturer.
b. Approved by the department or state fire marshal subject to conditions determined necessary by the department or state fire marshal. The department or state fire marshal may waive the requirement in paragraph “a” upon satisfaction that a substitute requirement serves the same purpose.
2022 Acts, ch 1067, §30, 31
Section effective January 1, 2023; 2022 Acts, ch 1067, §31
NEW section
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455H - LAND RECYCLING AND REMEDIATION STANDARDS › Section 455H.102 - Scope.

455H.102 Scope.
The environmental remediation standards established under this chapter shall be used for any response action or other site assessment or remediation that is conducted at a site enrolled pursuant to this chapter notwithstanding provisions regarding water quality in chapter 455B, subchapter III; hazardous conditions in chapter 455B, subchapter IV, part 4; hazardous waste and substance management in chapter 455B, subchapter IV, part 5; underground storage tanks, other than petroleum underground storage tanks, in chapter 455B, subchapter IV, part 8; and groundwater protection in chapter 455E.
97 Acts, ch 127, §2; 2011 Acts, ch 9, §7; 2021 Acts, ch 76, §150
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455H - LAND RECYCLING AND REMEDIATION STANDARDS › Section 455H.104 - Declaration of policy.

455H.104 Declaration of policy.
The general assembly finds and declares all of the following:
1. Some real property in Iowa is not put to its highest productive use because it is contaminated or it is perceived to be contaminated as a result of past activity on the property. The reuse of these sites is an important component of a sound land-use policy that will prevent the needless development of prime farmland and open-space and natural areas, and reduce public expenditures for installing new infrastructure.
2. Incentives should be put in place to encourage capable persons to voluntarily develop and implement cleanup plans.
3. The safe reuse of property should be encouraged through the adoption of environmental remediation standards developed through an open process which take into account the risks associated with any release at the site. Any remediation standards adopted by this state must provide for the protection of the public health and safety and the environment.
97 Acts, ch 127, §4
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455H - LAND RECYCLING AND REMEDIATION STANDARDS › Section 455H.105 - Duties of the commission.

455H.105 Duties of the commission.
The commission shall do all of the following:
1. Adopt rules pertaining to the assessment, evaluation, and cleanup of the presence of hazardous substances which allow participants to carry out response actions using background standards, statewide standards, or site-specific cleanup standards pursuant to this chapter.
2. Adopt rules establishing statewide standards and criteria for determination of background standards and site-specific cleanup standards.
3. Adopt rules establishing a program intended to encourage and enhance assessment, evaluation, and cleanup of sites which may have been the site of or affected by a release.
4. Adopt rules establishing a program to administer the land recycling fund established in section 455H.401.
5. Adopt rules establishing requirements for the submission, performance, and verification of site assessments, cleanup plans, and certifications of completion. The rules shall provide that all site assessments, cleanup plans, and certifications of completion submitted by a participant shall be prepared by or under the supervision of an appropriately trained professional, including a groundwater professional certified pursuant to section 455B.474.
6. Adopt rules for public notice of the proposed verification of a certificate of completion by the department where the certificate of completion is conditioned on the use of an institutional or technological control.
97 Acts, ch 127, §5; 2007 Acts, ch 171, §9
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455H - LAND RECYCLING AND REMEDIATION STANDARDS › Section 455H.106 - Duties of the department.

455H.106 Duties of the department.
The department shall do all of the following:
1. Enter into agreements or issue orders in connection with the enrollment of property into a program established pursuant to this chapter.
2. Issue no further action letters upon the demonstration of compliance with applicable standards for an affected area by a participant.
3. Enter into agreements or issue orders providing for institutional and technological controls to assure compliance with applicable standards pursuant to this chapter.
4. Take actions necessary, including the revocation, suspension, or modification of permits or agreements, the issuance of orders, and the initiation of administrative or judicial proceedings, to enforce the provisions of this chapter and any agreements, covenants, easements, or orders issued pursuant to this chapter.
97 Acts, ch 127, §6
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455H - LAND RECYCLING AND REMEDIATION STANDARDS › Section 455H.201 - Cleanup standards.

455H.201 Cleanup standards.
1. a. A participant carrying out a response action shall take such response actions as necessary to assure that conditions in the affected area comply with any of the following, as applicable:
(1) Background standards established pursuant to section 455H.202.
(2) Statewide standards established pursuant to section 455H.203.
(3) Site-specific cleanup standards established pursuant to section 455H.204.
b. Any remediation standard which is applied must provide for the protection of the public health and safety and the environment.
2. A participant may use a combination of these standards to implement a site remediation plan and may propose to use the site-specific cleanup standards whether or not efforts have been made to comply with the background or statewide standards.
3. Until rules setting out requirements for background standards, statewide standards, or site-specific cleanup standards are finally adopted by the commission and effective, participants may utilize site-specific cleanup standards for any hazardous substance utilizing the procedures set out in the department’s rules implementing risk-based corrective action for underground storage tanks and, where relevant, the United States environmental protection agency’s guidance regarding risk assessment for superfund sites.
4. The standards may be complied with through a combination of response actions that may include, but are not limited to, treatment, removal, technological or institutional controls, and natural attenuation and other natural mechanisms, and can include the use of innovative or other demonstrated measures.
97 Acts, ch 127, §8; 2011 Acts, ch 25, §143
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455H - LAND RECYCLING AND REMEDIATION STANDARDS › Section 455H.202 - Background standards.

455H.202 Background standards.
1. Methods to identify background standards shall be adopted by the commission after consideration of the joint recommendations of the department and the technical advisory committee.
2. The demonstration that the affected area meets the background standard shall be documented by the participant in the following manner:
a. Compliance with the background standard shall be demonstrated by collection and analysis of representative samples from environmental media of concern.
b. A final report that documents compliance with the background standard shall be submitted to the department and shall include, as appropriate, all of the following:
(1) A description of procedures and conclusions of the site investigation to characterize the nature, extent, direction, volume, and composition of hazardous substances.
(2) The basis for selecting environmental media of concern, descriptions of removal or decontamination procedures performed in remediation, and summaries of sampling methodology and analytical results which demonstrate that the background standard has been complied with.
(3) The basis for determining the background levels.
97 Acts, ch 127, §9
Referred to in §455H.201
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 455H - LAND RECYCLING AND REMEDIATION STANDARDS › Section 455H.205 - Variances.

455H.205 Variances.
1. A participant may apply to the department for a variance from any applicable provision of this chapter.
2. The department may issue a variance from applicable standards only if the participant demonstrates all of the following:
a. The participant demonstrates either of the following:
(1) It is technically infeasible to comply with the applicable standards.
(2) The cost of complying with the applicable standards exceeds the benefits.
b. The proposed alternative standard or set of standards in the terms and conditions set forth in the application will result in an improvement of environmental conditions in the affected area and ensure that the public health and safety will be protected.
c. The establishment of and compliance with the alternative standard or set of standards in the terms and conditions is necessary to promote, protect, preserve, or enhance employment opportunities or the reuse of the enrolled site.
3. If requested by a participant, the department may issue a variance from any other provision of this chapter if the department determines that the variance would be consistent with the declaration of policy of this chapter and is reasonable under the circumstances.
97 Acts, ch 127, §12