455B.412  Duties of the department.

The department shall:

1.  Develop comprehensive plans and programs for the state for the management of hazardous waste. In the development of plans and programs, the department shall recognize the need for assuring that suitable facilities and sites for treatment and disposal are available for hazardous wastes generated in Iowa. As part of the hazardous waste management plan, the department shall conduct a study of hazardous waste management in Iowa and shall report its findings to the general assembly not later than eighteen months after July 1, 1979. The study shall include the following:

a.  A description of current sources of hazardous waste within the state, including the types and quantities of hazardous wastes.

b.  A description of current hazardous waste transportation, storage, treatment and disposal practices and costs within the state.

c.  A description of practices and methods that would reduce at the source the amount of hazardous waste generated and an estimate of the cost of these practices.

d.  Identification and evaluation of alternatives to land disposal of hazardous wastes.

e.  Identification of the general geologic and other criteria for a site for land disposal of hazardous wastes and the areas in Iowa that might meet the general criteria if alternatives to land disposal are not feasible.

f.  The proper role and activities of the state in addition to those established in sections 455B.411 to 455B.421 and the federal Solid Waste Disposal Act in facilitating safe and efficient disposal of hazardous waste, including but not limited to a determination of the most appropriate procedures for receiving public comments and approving permits for siting hazardous waste disposal facilities.

g.  The estimated private and public capital and annual operating costs of implementing the hazardous waste management plan recommended by the department.

2.  Adopt rules establishing criteria for identifying the characteristics of hazardous wastes and listing hazardous wastes that are subject to this part. The department shall consider toxicity, persistence and degradability in nature, potential for accumulation in tissue, and related factors including flammability, corrosiveness, and other hazardous characteristics.

3.  Adopt rules, applicable to generators or transporters of or owners or operators of facilities for the treatment, storage, or disposal of hazardous waste listed or identified by the department under subsection 2 of this section, as necessary to protect human health and the environment. The rules shall include establishment of a manifest system.

4.  Adopt rules establishing standards and procedures for the certification of supervisory personnel and operators at hazardous waste treatment, storage or disposal facilities required to have a permit under section 455B.415.

5.  Notwithstanding section 455B.420, adopt rules regulating the use of recycled oil for the purpose of road oiling, dust control, or weed control necessary to protect public health and the environment. The rules adopted shall be limited to addressing the following:

a.  Analysis of oils by those persons supplying the oils prior to their use for road oiling, dust control or weed control. This analysis shall be for polychlorinated biphenyl, flashpoints, and lead.

b.  Notification by the person supplying the oils of the results of analysis required to the person to whom the oils are supplied or delivered and the department at the time of delivery or prior to application of oils for road oiling, dust control or weed control.

c.  Establishing maximum levels of contaminants allowed in oils used for the purpose of road oiling, dust control or weed control and prohibiting the use of oils containing contaminants in excess of maximum allowable levels for such purposes.

d.  Requirements for persons supplying or applying oils for the mitigation and cleanup of contamination posing a threat to public health and the environment resulting from oils applied for road oiling, dust control or weed control.

Section History: Early form

  [C81, § 455B.131]

Section History: Recent form

  C83, § 455B.412

  84 Acts, ch 1157, § 2; 84 Acts, ch 1158, § 3; 85 Acts, ch 42, §1; 86 Acts, ch 1025, § 4; 86 Acts, ch 1245, § 1899B

Internal References

  Referred to in § 455B.413-455B.420, 455B.442, 455B.448, 558.69


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