Text: HSB00152 Text: HSB00154 Text: HSB00100 - HSB00199 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 455B.307, Code 1995, is amended to read 1 2 as follows: 1 3 455B.307DUMPINGSOLID WASTE DISPOSAL &endash; WHERE PROHIBITED 1 4 &endash; PENALTY. 1 5 1. A private agency or public agency shall not dump or 1 6 depositorsolid waste, permit the dumping or depositing of 1 7anysolid waste, maintain a solid waste disposal site, or 1 8 allow any solid waste to remain at any place other than a 1 9 sanitary disposal project approved by the director unless the 1 10 agency has been granted a permit by the department which 1 11 allows the dumping or depositing of solid waste, the 1 12 maintaining of a solid waste disposal site, or allows solid 1 13 waste to remain on land owned or leased by the agency as part 1 14 of the permitting process. This subsection does not prohibit 1 15 the retention of coal combustion residues on site pending 1 16 final disposal. The department shall adopt rules regarding 1 17 the permitting of this activity which shall provide that the 1 18 public interest is best served, but which may be based upon 1 19 criteria less stringent than those regulating a public 1 20 sanitary disposal project provided that the rules adopted meet 1 21 the groundwater protection goal specified in section 455E.4. 1 22 The comprehensive plans for these facilities may be varied in 1 23 consideration of the types of sanitary disposal practices, 1 24 hydrologic and geologic conditions, construction and 1 25 operations characteristics, and volumes and types of waste 1 26 handled at the disposal site. The director may issue 1 27 temporary permits for dumping or disposal of solid waste, for 1 28 maintaining a solid waste disposal site, or for allowing solid 1 29 waste to remain at disposal sites for which an application for 1 30 a permit to operate a sanitary disposal project has been made 1 31 and which have not met all of the requirements of part 1 of 1 32 this division and the rules adopted by the commission if a 1 33 compliance schedule has been submitted by the applicant 1 34 specifying how and when the applicant will meet the 1 35 requirements for an operational sanitary disposal project and 2 1 the director determines the public interest will be best 2 2 served by grantingsuchthe temporary permit. 2 3 2. The director may issue any order necessary to secure 2 4 compliance with or prevent a violation of the provisions of 2 5 this part 1 of division IV or the rules adopted pursuant to 2 6 the part. The director may order the party responsible for 2 7 violating subsection 1 to clean up the site. If the violation 2 8 occurred on land used for farming, as defined in section 9H.1, 2 9 the owner of the land shall only be required to clean up the 2 10 site and dispose of waste that the owner knowingly permitted 2 11 to be dumped, deposited, or maintained. The attorney general 2 12shall, on request of the department, shall institute any legal 2 13 proceedings necessary in obtaining compliance with an order of 2 14 the commission or the director or prosecuting any person for a 2 15 violation of the provisions of the part or rules issued 2 16 pursuant to the part. 2 17 3. Any person who violates any provision of part 1 of this 2 18 division or any rule or any order adopted or the conditions of 2 19 any permit or order issued pursuant to part 1 of this division 2 20 shall be subject to a civil penalty, not to exceed five 2 21 thousand dollars for each day of such violation. 2 22 Sec. 2. IMPLEMENTATION OF ACT. Section 25B.2, subsection 2 23 3, shall not apply to this Act. 2 24 EXPLANATION 2 25 This bill amends section 455B.307, which prohibits the 2 26 dumping or depositing by a public or private agency of any 2 27 solid waste at a place other than a sanitary disposal project 2 28 approved by the department of natural resources, to include a 2 29 prohibition against maintaining a solid waste disposal site or 2 30 allowing any solid waste to remain at any place other than a 2 31 sanitary disposal project approved by the director of the 2 32 department unless the public or private agency has been 2 33 granted a permit by the department. The bill does not 2 34 prohibit the on site retention of coal combustion residues 2 35 while waiting for final disposal. 3 1 In addition, the bill allows the director to order any 3 2 party responsible for dumping or depositing or permitting the 3 3 dumping or depositing of solid waste, or maintaining a site, 3 4 to clean up the site. However, the bill provides that cleanup 3 5 of dumping, depositing, or maintaining which occurred on land 3 6 used for farming can only be required if the owner knowingly 3 7 permitted the waste to be dumped, deposited, or maintained. 3 8 Persons who violate this provision are subject to a civil 3 9 penalty not to exceed $5,000 dollars for each day of 3 10 violation. 3 11 This bill makes inapplicable the statutory provision which 3 12 would relieve a political subdivision from complying with a 3 13 state mandate if funding for the cost of the state mandate is 3 14 not provided or specified. 3 15 This bill may include a state mandate as defined in section 3 16 25B.3. 3 17 BACKGROUND STATEMENT 3 18 SUBMITTED BY THE AGENCY 3 19 A recent Iowa supreme court decision has placed in question 3 20 the ability of the department of natural resources to require 3 21 the cleanup of open dumps. This limitation will hinder the 3 22 cleanup and may in fact encourage the disposal of waste on 3 23 vacant lands. This bill is intended to establish the 3 24 department's authority to clean up these sites. "Public 3 25 agency" and "private agency", for purposes of definition for 3 26 part 1 of division IV of chapter 455B, are defined in section 3 27 28E.2. Public agencies include federal, state, and local 3 28 units of government and private agencies include individuals 3 29 and business entities. 3 30 LSB 1253DP 76 3 31 js/jw/5.1
Text: HSB00152 Text: HSB00154 Text: HSB00100 - HSB00199 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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