Senate File 2306 - Introduced
SENATE FILE
BY COMMITTEE ON NATURAL
RESOURCES AND ENVIRONMENT
(SUCCESSOR TO SSB 3165)
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act eliminating certain duties of the department of natural
2 resources.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 5449SV 81
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PAG LIN
1 1 Section 1. Section 72.5, subsection 2, Code 2005, is
1 2 amended to read as follows:
1 3 2. In connection with development of a statewide building
1 4 energy efficiency rating system, pursuant to section 473.40,
1 5 the The director of the department of natural resources in
1 6 consultation with the department of management, state building
1 7 code commissioner, and state fire marshal, shall develop
1 8 standards and methods to evaluate design development documents
1 9 and construction documents based upon the energy efficiency
1 10 rating system for public buildings, and other life cycle cost
1 11 factors, to facilitate fair and uniform comparisons between
1 12 design proposals and informed decision making by public
1 13 bodies.
1 14 Sec. 2. Section 455B.173, subsection 8, Code 2005, is
1 15 amended to read as follows:
1 16 8. Formulate and adopt specific and detailed statewide
1 17 standards pursuant to chapter 17A for review of plans and
1 18 specifications and the construction of sewer systems and water
1 19 supply distribution systems and extensions to such systems not
1 20 later than October 1, 1977. The standards shall be based on
1 21 criteria contained in the "Recommended Standards for Sewage
1 22 Works" and "Recommended Standards for Water Works" (Ten States
1 23 Standards) as adopted by the Great Lakes=Upper Mississippi
1 24 River board of state sanitary engineers, design manuals
1 25 published by the department, applicable federal guidelines and
1 26 standards, standard textbooks, current technical literature,
1 27 and applicable safety standards. The material standards for
1 28 polyvinyl chloride pipe shall not exceed the specifications
1 29 for polyvinyl chloride pipe in designations D=1784=69, D=
1 30 2241=73, D=2564=76, D=2672=76, D=3036=73, and D=3139=73 of
1 31 ASTM (American society for testing and materials)
1 32 international. The rules adopted which directly pertain to
1 33 the construction of sewer systems and water supply
1 34 distribution systems and the review of plans and
1 35 specifications for such construction shall be known
2 1 respectively as the Iowa Standards for Sewer Systems and the
2 2 Iowa Standards for Water Supply Distribution Systems and shall
2 3 be applicable in each governmental subdivision of the state.
2 4 Exceptions shall be made to the standards so formulated only
2 5 upon special request to and receipt of permission from the
2 6 department. The department shall publish the standards and
2 7 make copies of such standards available to governmental
2 8 subdivisions and to the public.
2 9 Sec. 3. Section 455B.304, subsection 17, Code 2005, is
2 10 amended to read as follows:
2 11 17. The commission shall adopt rules to establish a
2 12 special waste authorization program. For purposes of this
2 13 subsection, "special waste" means any industrial process
2 14 waste, pollution control waste, or toxic waste which presents
2 15 a threat to human health or the environment or a waste with
2 16 inherent properties which make the disposal of the waste in a
2 17 sanitary landfill difficult to manage. Special waste does not
2 18 include domestic, office, commercial, medical, or industrial
2 19 waste that does not require special handling or limitations on
2 20 its disposal. Special waste does not include hazardous wastes
2 21 which are regulated under the federal Resource Conservation
2 22 and Recovery Act, 42 U.S.C. } 6921==6934, or hazardous wastes
2 23 as defined in section 455B.411, subsection 3, or hazardous
2 24 wastes included in the list compiled in accordance with
2 25 section 455B.464.
2 26 Sec. 4. Section 455B.335, subsection 2, Code 2005, is
2 27 amended by striking the subsection.
2 28 Sec. 5. Section 455B.412, subsection 1, Code 2005, is
2 29 amended by striking the subsection.
2 30 Sec. 6. Section 455B.461, subsection 2, Code 2005, is
2 31 amended to read as follows:
2 32 2. "Hazardous waste" means hazardous waste as defined in
2 33 section 455B.411, subsection 3, and section 455B.464.
2 34 Sec. 7. Section 455B.482, subsection 3, Code 2005, is
2 35 amended to read as follows:
3 1 3. "Hazardous waste" means hazardous waste as defined in
3 2 section 455B.411, subsection 3, and under section 455B.464.
3 3 Sec. 8. Section 455B.484, subsection 11, Code 2005, is
3 4 amended by striking the subsection.
3 5 Sec. 9. Section 558.69, unnumbered paragraph 1, Code 2005,
3 6 is amended to read as follows:
3 7 With each declaration of value submitted to the county
3 8 recorder under chapter 428A, there shall also be submitted a
3 9 statement regarding whether any known private burial site is
3 10 situated on the property, and if a known private burial site
3 11 is situated on the property, the statement shall state the
3 12 approximate location of the site. The statement shall also
3 13 state that no known wells are situated on the property, or if
3 14 known wells are situated on the property, the statement must
3 15 state the approximate location of each known well and its
3 16 status with respect to section 455B.190 or 460.302. The
3 17 statement shall also state that no known disposal site for
3 18 solid waste, as defined in section 455B.301, which has been
3 19 deemed to be potentially hazardous by the department of
3 20 natural resources, exists on the property, or if such a known
3 21 disposal site does exist, the location of the site on the
3 22 property. The statement shall additionally state that no
3 23 known underground storage tank, as defined in section
3 24 455B.471, subsection 11, exists on the property, or if a known
3 25 underground storage tank does exist, the type and size of the
3 26 tank, and any known substance in the tank. The statement
3 27 shall also state that no known hazardous waste as defined in
3 28 section 455B.411, subsection 3, or listed by the department
3 29 pursuant to section 455B.412, subsection 2, or section
3 30 455B.464, exists on the property, or if known hazardous waste
3 31 does exist, that the waste is being managed in accordance with
3 32 rules adopted by the department of natural resources. The
3 33 statement shall be signed by at least one of the sellers or
3 34 their agents. The county recorder shall refuse to record any
3 35 deed, instrument, or writing for which a declaration of value
4 1 is required under chapter 428A unless the statement required
4 2 by this section has been submitted to the county recorder. A
4 3 buyer of property shall be provided with a copy of the
4 4 statement submitted, and, following the fulfillment of this
4 5 provision, if the statement submitted reveals no private
4 6 burial site, well, disposal site, underground storage tank, or
4 7 hazardous waste on the property, the county recorder may
4 8 destroy the statement. The land application of sludges or
4 9 soils resulting from the remediation of underground storage
4 10 tank releases accomplished in compliance with department of
4 11 natural resources rules without a permit is not required to be
4 12 reported as the disposal of solid waste or hazardous waste.
4 13 Sec. 10. Sections 455B.220, 455B.332, 455B.333, 455B.464,
4 14 and 473.40, Code 2005, are repealed.
4 15 EXPLANATION
4 16 This bill eliminates certain duties of the department of
4 17 natural resources.
4 18 The bill eliminates certain material standards for
4 19 polyvinyl chloride pipe for purposes of planning and
4 20 specifications for the construction of sewer systems and water
4 21 supply distribution systems and extensions to such systems.
4 22 The bill eliminates the department's duty to develop
4 23 comprehensive plans and programs for the state for the
4 24 management of hazardous waste. The bill eliminates the
4 25 department director's duty to compile, annually, a list of
4 26 certain hazardous wastes for adoption by the environmental
4 27 protection commission. The bill eliminates the department's
4 28 duty to develop and implement programs which result in
4 29 widespread adoption of waste minimization programs by
4 30 hazardous waste generators.
4 31 The bill eliminates the department's duty to establish a
4 32 statewide building energy efficiency rating system.
4 33 The bill eliminates the department's duty to establish
4 34 policy for, provide for the proper methods for, and issue
4 35 permits for the transportation, storage, handling, and
5 1 disposal of radioactive material for the purpose of protecting
5 2 the public health and safety.
5 3 The bill repeals Code section 455B.220 relating to the
5 4 requirements for certification without examination of
5 5 operators of water treatment plants and water distribution
5 6 systems. As a result, all operators will be required to take
5 7 an examination for certification.
5 8 The bill makes conforming amendments.
5 9 LSB 5449SV 81
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