House File 514 - Introduced HOUSE FILE 514 BY COMMITTEE ON ENVIRONMENTAL PROTECTION (SUCCESSOR TO HSB 179) A BILL FOR An Act relating to environmental protection, including solid 1 waste, sewage works, hazardous waste, infectious medical 2 waste, and pesticide and fertilizer contamination. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1195HV (2) 84 tm/nh

H.F. 514 Section 1. Section 29C.8A, subsection 1, Code 2011, is 1 amended to read as follows: 2 1. An emergency response fund is created in the state 3 treasury. The first one hundred thousand dollars received 4 annually by the treasurer of state for the civil penalties 5 and fines imposed by the court pursuant to sections 455B.146 , 6 455B.191 , 455B.386 , 455B.417 , 455B.454 , 455B.466 , and 455B.477 7 shall be deposited in the waste volume reduction and recycling 8 fund created in section 455D.15 . The next hundred thousand 9 dollars shall be deposited in the emergency response fund and 10 any additional moneys shall be deposited in the household 11 hazardous waste account. All moneys received annually by 12 the treasurer of the state for the fines imposed by sections 13 716B.2 , 716B.3 , and 716B.4 shall also be deposited in the 14 emergency response fund. 15 Sec. 2. Section 455B.104, subsection 1, Code 2011, is 16 amended to read as follows: 17 1. The department shall either approve or deny a permit 18 to a person applying for a permit under this chapter within 19 six months from the date that the department receives a 20 completed application for the permit. An application which 21 is not approved or denied within the six-month period shall 22 be approved by default. The department shall issue a permit 23 to the applicant within ten days following the date of 24 default approval. However, this subsection shall not apply to 25 applications for permits which are issued under division II or 26 division IV, parts 2 through 7 5 . 27 Sec. 3. Section 455B.411, subsections 5 through 11, Code 28 2011, are amended by striking the subsections. 29 Sec. 4. Section 455B.426, subsection 2, Code 2011, is 30 amended to read as follows: 31 2. The director shall investigate all known or suspected 32 hazardous waste or hazardous substance disposal sites and 33 determine whether each site should be included in the registry. 34 In the evaluation of known or suspected hazardous waste or 35 -1- LSB 1195HV (2) 84 tm/nh 1/ 4

H.F. 514 hazardous substance disposal sites, the director may enter 1 private property and perform tests and analyses in the manner 2 provided in section 455B.416 . 3 Sec. 5. Section 455B.426, Code 2011, is amended by adding 4 the following new subsections: 5 NEW SUBSECTION . 3. Beginning July 1, 2011, a new site shall 6 not be placed on the registry of confirmed hazardous waste or 7 hazardous substance disposal sites. 8 NEW SUBSECTION . 4. A site placed on the registry of 9 confirmed hazardous waste or hazardous substance disposal sites 10 prior to July 1, 2011, shall be removed upon the execution of 11 a uniform environmental covenant pursuant to the provisions 12 of chapter 455I relating to the contaminated portions of the 13 property listed on the registry. A site may also be removed 14 from the registry pursuant to section 455B.427, subsection 4. 15 NEW SUBSECTION . 5. If no sites remain listed on the 16 registry of confirmed hazardous waste or hazardous substance 17 disposal sites, the department shall recommend to the general 18 assembly the repeal of this section and sections 455B.427 19 through 455B.432. 20 Sec. 6. Section 455D.15, subsection 3, paragraph a, Code 21 2011, is amended by striking the paragraph. 22 Sec. 7. Section 455H.102, Code 2011, is amended to read as 23 follows: 24 455H.102 Scope. 25 The environmental remediation standards established under 26 this chapter shall be used for any response action or other 27 site assessment or remediation that is conducted at a site 28 enrolled pursuant to this chapter notwithstanding provisions 29 regarding water quality in chapter 455B, division III ; 30 hazardous conditions in chapter 455B, division IV, part 4 ; 31 hazardous waste and substance management in chapter 455B, 32 division IV, part 5 ; underground storage tanks, other than 33 petroleum underground storage tanks, in chapter 455B, division 34 IV, part 8 ; contaminated sites in chapter 455B, division VIII ; 35 -2- LSB 1195HV (2) 84 tm/nh 2/ 4

H.F. 514 and groundwater protection in chapter 455E . 1 Sec. 8. Section 558.69, subsection 1, paragraph e, Code 2 2011, is amended to read as follows: 3 e. That no known hazardous waste as defined in section 4 455B.411, subsection 3 , or listed by the department pursuant 5 to section 455B.412, subsection 1 , exists on the property, or 6 if known hazardous waste does exist, that the waste is being 7 managed in accordance with rules adopted by the department of 8 natural resources. 9 Sec. 9. Section 716B.1, subsections 5 and 6, Code 2011, are 10 amended to read as follows: 11 5. “Storage” or “store” means storage as defined in section 12 455B.411, subsection 9 the containment of a hazardous waste, 13 either on a temporary basis or for a period of years, in a 14 manner that does not constitute disposal of the hazardous 15 waste . 16 6. “Treatment” or “treat” means treatment as defined 17 in section 455B.411, subsection 10 a method, technique, or 18 process, including neutralization, designed to change the 19 physical, chemical, or biological character or composition of a 20 hazardous waste so as to neutralize the waste or to render the 21 waste nonhazardous, safer for transport, amenable for recovery, 22 amenable for storage, or to reduce the waste in volume . 23 “Treatment” includes any activity or processing designed to 24 change the physical form or chemical composition of hazardous 25 waste to render the waste nonhazardous. 26 Sec. 10. REPEAL. Sections 455B.116, 455B.241, 455B.242, 27 455B.243, 455B.244, 455B.245, 455B.246, 455B.312, 455B.316, 28 455B.412, 455B.413, 455B.414, 455B.415, 455B.416, 455B.417, 29 455B.418, 455B.419, 455B.420, 455B.421, 455B.441, 455B.442, 30 455B.443, 455B.444, 455B.445, 455B.446, 455B.447, 455B.448, 31 455B.449, 455B.450, 455B.451, 455B.452, 455B.453, 455B.454, 32 455B.455, 455B.461, 455B.462, 455B.463, 455B.465, 455B.466, 33 455B.467, 455B.468, 455B.504, 455B.601, and 455B.602, Code 34 2011, are repealed. 35 -3- LSB 1195HV (2) 84 tm/nh 3/ 4

H.F. 514 Sec. 11. REPEAL. Section 455D.8, Code 2011, is repealed. 1 EXPLANATION 2 This bill relates to solid waste, sewage works, hazardous 3 waste, infectious medical waste, and pesticide and fertilizer 4 contamination. 5 The bill repeals Code sections relating to the pollution 6 hotline program; sewage works construction; the waste 7 abatement program; a penalty for making a false statement or 8 representation in a solid waste comprehensive plan; certain 9 duties of the department of natural resources related to 10 hazardous waste and substance management including the issuance 11 of hazardous waste treatment, storage, or disposal facility 12 permits; hazardous waste sites and facilities; disposal 13 of hazardous waste on land; permit requirements for owners 14 and operators of an infectious medical waste collection 15 or transportation operation; and pesticide and fertilizer 16 contaminated sites. The bill makes necessary conforming 17 amendments. 18 The bill provides that, beginning July 1, 2011, a new site 19 shall not be placed on the registry of confirmed hazardous 20 waste or hazardous substance disposal sites. The bill provides 21 that a site placed on the registry of confirmed hazardous 22 substance or hazardous disposal sites prior to July 1, 2011, 23 shall be removed upon the execution of a uniform environmental 24 covenant or through the proper closure of the site. The bill 25 provides that if no sites remain listed on the registry of 26 confirmed hazardous waste or hazardous disposal sites, the 27 department of natural resources shall recommend to the general 28 assembly the repeal of Code sections 455B.426 through 455B.432, 29 relating to the registry. 30 -4- LSB 1195HV (2) 84 tm/nh 4/ 4