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 rulesincluding imposition 1 8 of civil penaltiesnecessary 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