House File 669 - Introduced



                                       HOUSE FILE       
                                       BY  COMMITTEE ON ENVIRONMENTAL
                                           PROTECTION

                                       (SUCCESSOR TO HSB 86)


    Passed House, Date               Passed Senate,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to enforcement of certain solid waste disposal
  2    requirements and providing civil penalties.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1401HV 82
  5 tm/je/5

PAG LIN



  1  1    Section 1.  Section 455D.10A, subsection 5, Code 2007, is
  1  2 amended by striking the subsection.
  1  3    Sec. 2.  Section 455D.11, subsection 9, Code 2007, is
  1  4 amended by striking the subsection.
  1  5    Sec. 3.  Section 455D.11I, subsection 7, Code 2007, is
  1  6 amended to read as follows:
  1  7    7.  The department shall adopt rules including imposition
  1  8 of civil penalties necessary for the implementation and
  1  9 administration of this section.
  1 10    Sec. 4.  Section 455D.11I, subsection 8, Code 2007, is
  1 11 amended by striking the subsection.
  1 12    Sec. 5.  Section 455D.19, subsection 2, paragraph a, Code
  1 13 2007, is amended to read as follows:
  1 14    a.  "Distributor" means a person who takes title to one or
  1 15 more packages or packaging components purchased for
  1 16 promotional purposes or resale.  A person involved solely in
  1 17 delivering or storing packages or packaging components on
  1 18 behalf of third parties is not a distributor.
  1 19    Sec. 6.  Section 455D.19, subsection 3, Code 2007, is
  1 20 amended to read as follows:
  1 21    3.  A manufacturer or distributor shall not offer for sale
  1 22 or sell, or offer for promotional purposes a package or
  1 23 packaging component, in this state, which includes, in the
  1 24 package itself, or in any packaging component, inks, dyes,
  1 25 pigments, adhesives, stabilizers, or any other additives, any
  1 26 lead, cadmium, mercury, or hexavalent chromium which has been
  1 27 intentionally introduced as an element during manufacturing or
  1 28 distribution as opposed to the incidental presence of any of
  1 29 these elements and which exceed the concentration level
  1 30 established by the department.  A distributor shall only be
  1 31 subject to the assessment of a civil penalty pursuant to
  1 32 section 455D.25, subsection 2, for the knowing violation of
  1 33 this section.  Knowledge by the distributor of the violation
  1 34 shall be presumed beginning thirty days from the receipt of
  1 35 notification from the department.
  2  1    Sec. 7.  Section 455D.19, subsection 8, Code 2007, is
  2  2 amended by striking the subsection.
  2  3    Sec. 8.  NEW SECTION.  455D.22  CIVIL PENALTY.
  2  4    A person who violates section 455D.6, subsection 6, section
  2  5 455D.11, 455D.11A, 455D.11B, 455D.11I, or 455D.19, or any
  2  6 rule, permit, or order issued pursuant thereto shall be
  2  7 subject to a civil penalty which shall be established,
  2  8 assessed, and collected in the same manner as provided in
  2  9 section 455B.109.  Any civil penalty collected shall be
  2 10 deposited in the general fund of the state.
  2 11    Sec. 9.  NEW SECTION.  455D.23  VIOLATIONS.
  2 12    The director may issue any order necessary to secure
  2 13 compliance with or prevent a violation of the provisions of
  2 14 this chapter or any rule adopted or permit or order issued
  2 15 pursuant to this chapter.  The person to whom such compliance
  2 16 order is issued may cause to be commenced a contested case
  2 17 within the meaning of chapter 17A, by filing within thirty
  2 18 days a notice of appeal to the commission.  On appeal, the
  2 19 commission may affirm, modify, or vacate the order of the
  2 20 director.
  2 21    Sec. 10.  NEW SECTION.  455D.24  JUDICIAL REVIEW.
  2 22    Judicial review of any order or other action of the
  2 23 commission or director may be sought in accordance with the
  2 24 terms of chapter 17A.  Notwithstanding the terms of chapter
  2 25 17A, petitions for judicial review may be filed in the
  2 26 district court of the county in which the alleged offense was
  2 27 committed.
  2 28    Sec. 11.  NEW SECTION.  455D.25  CIVIL ACTIONS FOR
  2 29 COMPLIANCE == PENALTIES.
  2 30    1.  The attorney general, on request of the department,
  2 31 shall institute any legal proceedings necessary to obtain
  2 32 compliance with an order of the commission or the director,
  2 33 including proceedings for a temporary injunction, or
  2 34 prosecuting any person for a violation of an order of the
  2 35 commission or the director or the provisions of this chapter
  3  1 or any rules adopted or permit or order issued pursuant to
  3  2 this chapter.
  3  3    2.  Any person who violates section 455D.10A, 455D.11,
  3  4 455D.11A, 455D.11B, 455D.11I, or 455D.19, or any order or
  3  5 permit issued or rule adopted pursuant to section 455D.6,
  3  6 subsection 6, section 455D.10A, 455D.11, 455D.11A, 455D.11B,
  3  7 455D.11I, or 455D.19, shall be subject to a civil penalty, not
  3  8 to exceed ten thousand dollars for each day of such violation.
  3  9                           EXPLANATION
  3 10    This bill relates to enforcement of certain solid waste
  3 11 disposal requirements.
  3 12    The bill eliminates a civil penalty provision relating to
  3 13 heavy metal in household batteries, waste tire disposal, and
  3 14 registration of waste tire haulers.
  3 15    For purposes of restrictions relating to heavy metal
  3 16 content in packaging, the bill excludes a person who solely
  3 17 stores packages or packaging components on behalf of third
  3 18 parties from being considered a distributor.  The bill also
  3 19 provides that a distributor is only subject to the assessment
  3 20 of a civil penalty for the knowing violation of the
  3 21 restrictions.  The bill provides that knowledge by a
  3 22 distributor of a violation is presumed beginning 30 days from
  3 23 the receipt of notification from the department of natural
  3 24 resources.
  3 25    The bill provides that a person violating Code sections
  3 26 relating to the disposal of white goods and waste oil, waste
  3 27 tire disposal and financial assurance, registration of waste
  3 28 tire haulers, and heavy metal content in packaging shall be
  3 29 subject to civil penalties.
  3 30    The bill provides that the director of the department of
  3 31 natural resources may issue an order to secure compliance with
  3 32 or prevent a violation of a provision of Code chapter 455D.
  3 33    The bill provides that judicial review of any order or
  3 34 other action of the environmental protection commission or the
  3 35 director under Code chapter 455D may be sought in accordance
  4  1 with Code chapter 17A.
  4  2    The bill provides that the attorney general, on request of
  4  3 the department, shall institute legal proceedings necessary to
  4  4 obtain compliance with an order of the commission or director
  4  5 or prosecute any person for a violation of an order of the
  4  6 commission or the director or the provisions of Code chapter
  4  7 455D.
  4  8    The bill provides that civil penalties assessed for certain
  4  9 violations of Code chapter 455D shall not exceed $10,000 for
  4 10 each day of such violation.
  4 11 LSB 1401HV 82
  4 12 tm:rj/je/5