CHAPTER 716B
HAZARDOUS WASTE OFFENSES

  716B.1  Definitions.
  As used in this chapter, unless the context otherwise requires:
  1.  “Department” means the department of natural resources.
  2.  “Disposal” or “dispose” means disposal as defined in section 455B.411, subsection 1.
  3.  “Hazardous waste” means a hazardous waste as defined in section 455B.411, subsection 3, or a hazardous substance as defined in 42 U.S.C. §  9601, or a hazardous substance as designated by regulations adopted by the administrator of the United States environmental protection agency pursuant to 42 U.S.C. §  9602.
  4.  “Person” means an agency of the state or federal government, a municipality, governmental subdivision, interstate body, public or private corporation, individual, partnership, or other entity, and includes an officer, or governing or managing body of a municipality, governmental subdivision, interstate body, or public or private corporation.
  5.  “Storage” or “store” means the containment of a hazardous waste, either on a temporary basis or for a period of years, in a manner that does not constitute disposal of the hazardous waste.
  6.  “Treatment” or “treat” means a method, technique, or process, including neutralization, designed to change the physical, chemical, or biological character or composition of a hazardous waste so as to neutralize the waste or to render the waste nonhazardous, safer for transport, amenable for recovery, amenable for storage, or to reduce the waste in volume. “Treatment” includes any activity or processing designed to change the physical form or chemical composition of hazardous waste to render the waste nonhazardous.
88 Acts, ch 1080, §3; 2011 Acts, ch 9, §9

  716B.2  Unlawful disposal of hazardous waste — penalties.
  A person who knowingly or with reason to know, disposes of hazardous waste or arranges for or allows the disposal of hazardous waste at any location other than one authorized by the department or the United States environmental protection agency, or in violation of any material term or condition of a hazardous waste facility permit, is guilty of an aggravated misdemeanor and upon conviction shall be punished by a fine of not more than twenty-five thousand dollars for each day of violation or imprisonment for not more than two years, or both. If the conviction is for a violation committed after a first conviction under this section, the person is guilty of a class “D” felony and shall be punished by a fine of not more than fifty thousand dollars for each day of violation or imprisonment for not more than five years, or both.
88 Acts, ch 1080, §4

  716B.3  Unlawful transportation of hazardous waste — penalties.
  A person who knowingly or with reason to know, transports or causes to be transported any hazardous waste to any location other than a facility that is authorized to receive, treat, store, or dispose of the hazardous waste under rules adopted pursuant to the federal Resource Conservation and Recovery Act, 42 U.S.C. §  6901 – 6992, is guilty of an aggravated misdemeanor and upon conviction shall be punished by a fine of not more than twenty-five thousand dollars for each day of violation or imprisonment for not more than two years, or both. If the conviction is for a violation committed after a first conviction under this section, the person is guilty of a class “D” felony and shall be punished by a fine of not more than fifty thousand dollars for each day of violation or imprisonment for not more than five years, or both.
88 Acts, ch 1080, §5; 95 Acts, ch 49, §24

  716B.4  Unlawful storage or treatment of hazardous waste — penalties.
  A person who knowingly or with reason to know, treats or stores hazardous waste without a permit issued pursuant to 42 U.S.C. §  6925 or §  6926 is guilty of an aggravated misdemeanor and upon conviction shall be punished by a fine of not more than twenty-five thousand dollars for each day of violation or imprisonment for not more than two years, or both. If the conviction is for a violation committed after a first conviction under this section, the person is guilty of a class “D” felony and shall be punished by a fine of not more than fifty thousand dollars for each day of violation or imprisonment for not more than five years, or both.
88 Acts, ch 1080, §6

  716B.5  Enforcement.
  The attorney general or the county attorney for the county in which a violation occurs is responsible for enforcement of this chapter.
88 Acts, ch 1080, §7