Senate File 344 - Enrolled

PAG LIN



  1  1                                             SENATE FILE 344
  1  2
  1  3                             AN ACT
  1  4 RELATING TO ENFORCEMENT OF CERTAIN SOLID WASTE DISPOSAL
  1  5    REQUIREMENTS AND PROVIDING CIVIL PENALTIES.
  1  6
  1  7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  8
  1  9    Section 1.  Section 455D.10A, subsection 5, Code 2007, is
  1 10 amended by striking the subsection.
  1 11    Sec. 2.  Section 455D.11, subsection 9, Code 2007, is
  1 12 amended by striking the subsection.
  1 13    Sec. 3.  Section 455D.11I, subsection 7, Code 2007, is
  1 14 amended to read as follows:
  1 15    7.  The department shall adopt rules including imposition
  1 16 of civil penalties necessary for the implementation and
  1 17 administration of this section.
  1 18    Sec. 4.  Section 455D.11I, subsection 8, Code 2007, is
  1 19 amended by striking the subsection.
  1 20    Sec. 5.  Section 455D.19, subsection 2, paragraph a, Code
  1 21 2007, is amended to read as follows:
  1 22    a.  "Distributor" means a person who takes title to one or
  1 23 more packages or packaging components purchased for
  1 24 promotional purposes or resale.  A person involved solely in
  1 25 delivering or storing packages or packaging components on
  1 26 behalf of third parties is not a distributor.
  1 27    Sec. 6.  Section 455D.19, subsection 3, Code 2007, is
  1 28 amended to read as follows:
  1 29    3.  A manufacturer or distributor shall not offer for sale
  1 30 or sell, or offer for promotional purposes a package or
  1 31 packaging component, in this state, which includes, in the
  1 32 package itself, or in any packaging component, inks, dyes,
  1 33 pigments, adhesives, stabilizers, or any other additives, any
  1 34 lead, cadmium, mercury, or hexavalent chromium which has been
  1 35 intentionally introduced as an element during manufacturing or
  2  1 distribution as opposed to the incidental presence of any of
  2  2 these elements and which exceed the concentration level
  2  3 established by the department.  A distributor shall only be
  2  4 subject to the assessment of a civil penalty pursuant to
  2  5 section 455D.25, subsection 2, for the knowing violation of
  2  6 this section.  Knowledge by the distributor of the violation
  2  7 shall be presumed beginning sixty days from the receipt of
  2  8 notification from the department by certified mail.
  2  9    Sec. 7.  Section 455D.19, subsection 8, Code 2007, is
  2 10 amended by striking the subsection.
  2 11    Sec. 8.  NEW SECTION.  455D.22  CIVIL PENALTY.
  2 12    A person who violates section 455D.6, subsection 6, section
  2 13 455D.11, 455D.11A, 455D.11B, 455D.11I, or 455D.19, or any
  2 14 rule, permit, or order issued pursuant thereto shall be
  2 15 subject to a civil penalty which shall be established,
  2 16 assessed, and collected in the same manner as provided in
  2 17 section 455B.109.  Any civil penalty collected shall be
  2 18 deposited in the general fund of the state.
  2 19    Sec. 9.  NEW SECTION.  455D.23  VIOLATIONS.
  2 20    The director may issue any order necessary to secure
  2 21 compliance with or prevent a violation of the provisions of
  2 22 this chapter or any rule adopted or permit or order issued
  2 23 pursuant to this chapter.  The person to whom such compliance
  2 24 order is issued may cause to be commenced a contested case
  2 25 within the meaning of chapter 17A, by filing within thirty
  2 26 days a notice of appeal to the commission.  On appeal, the
  2 27 commission may affirm, modify, or vacate the order of the
  2 28 director.
  2 29    Sec. 10.  NEW SECTION.  455D.24  JUDICIAL REVIEW.
  2 30    Judicial review of any order or other action of the
  2 31 commission or director may be sought in accordance with the
  2 32 terms of chapter 17A.  Notwithstanding the terms of chapter
  2 33 17A, petitions for judicial review may be filed in the
  2 34 district court of the county in which the alleged offense was
  2 35 committed.
  3  1    Sec. 11.  NEW SECTION.  455D.25  CIVIL ACTIONS FOR
  3  2 COMPLIANCE == PENALTIES.
  3  3    1.  The attorney general, on request of the department,
  3  4 shall institute any legal proceedings necessary to obtain
  3  5 compliance with an order of the commission or the director,
  3  6 including proceedings for a temporary injunction, or
  3  7 prosecuting any person for a violation of an order of the
  3  8 commission or the director or the provisions of this chapter
  3  9 or any rules adopted or permit or order issued pursuant to
  3 10 this chapter.
  3 11    2.  Any person who violates section 455D.10A, 455D.11,
  3 12 455D.11A, 455D.11B, 455D.11I, or 455D.19, or any order or
  3 13 permit issued or rule adopted pursuant to section 455D.6,
  3 14 subsection 6, section 455D.10A, 455D.11, 455D.11A, 455D.11B,
  3 15 455D.11I, or 455D.19, shall be subject to a civil penalty, not
  3 16 to exceed ten thousand dollars for each day of such violation.
  3 17
  3 18
  3 19                                                             
  3 20                               JOHN P. KIBBIE
  3 21                               President of the Senate
  3 22
  3 23
  3 24                                                             
  3 25                               PATRICK J. MURPHY
  3 26                               Speaker of the House
  3 27
  3 28    I hereby certify that this bill originated in the Senate and
  3 29 is known as Senate File 344, Eighty=second General Assembly.
  3 30
  3 31
  3 32                                                             
  3 33                               MICHAEL E. MARSHALL
  3 34                               Secretary of the Senate
  3 35 Approved                , 2007
  4  1
  4  2
  4  3                                
  4  4 CHESTER J. CULVER
  4  5 Governor