Senate Study Bill 3096 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON COMMERCE BILL BY CHAIRPERSON McCOY) A BILL FOR An Act relating to requirements for recycling facilities and 1 making penalties applicable. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5229XC (4) 85 tm/nh

S.F. _____ Section 1. NEW SECTION . 455D.8A Recycling facilities —— 1 financial assurance —— disposal of and records of materials 2 accumulated. 3 1. The owner of a facility engaged in recycling shall 4 maintain a financial assurance instrument in an amount that 5 equals or exceeds the cost for the removal and disposal of 6 all materials accumulated on the property of the facility and 7 provides for closure of the facility. Upon the closure of the 8 facility, any materials remaining on the property shall be 9 disposed of at a sanitary landfill. The financial assurance 10 instrument shall be one of the options listed in section 11 455B.301, subsection 9, paragraph “c” . 12 2. For purposes of this section, a recycling facility does 13 not include any of the following: 14 a. A facility accepting only automobiles, discarded 15 appliances, scrap metal, or materials incidental to metal 16 recycling. 17 b. A facility accepting discarded appliances which have not 18 been previously dismantled for the removal of refrigerants, 19 polychlorinated biphenyl, mercury, or other hazardous materials 20 which may be subject to financial assurance requirements which 21 are limited to the discarded appliance dismantling portion of 22 the facility’s activities. 23 c. A facility engaged in the handling or processing of 24 beverage containers collected pursuant to chapter 455C. 25 d. A facility that recycles its own materials for on-site 26 reuse. 27 e. A waste tire collection or processing site that is 28 required to maintain financial assurance pursuant to section 29 455D.11A. 30 f. A facility that only accepts paper, glass, plastic, or 31 metal either individually or commingled. 32 3. A recycling facility shall maintain records of materials 33 accepted and transported off site for reuse in order to 34 accurately reflect the amount of materials accumulated on the 35 -1- LSB 5229XC (4) 85 tm/nh 1/ 3

S.F. _____ property of the facility at all times. The facility shall 1 make a copy of these records available for inspection by the 2 department. 3 4. If at any time a recycling facility exceeds the amount 4 of materials upon which the amount of the financial assurance 5 instrument is based, the facility shall cease accepting 6 additional materials until either the amount of financial 7 assurance is increased or the amount of the material is reduced 8 to the financial assurance limits. 9 Sec. 2. Section 455D.22, Code 2014, is amended to read as 10 follows: 11 455D.22 Civil penalty. 12 A person who violates section 455D.6, subsection 4 , section 13 455D.8A, 455D.11 , 455D.11A , 455D.11B , 455D.11I , or 455D.19 , 14 or any rule, permit, or order issued pursuant thereto shall 15 be subject to a civil penalty which shall be established, 16 assessed, and collected in the same manner as provided in 17 section 455B.109 . Any civil penalty collected shall be 18 deposited in the general fund of the state. 19 Sec. 3. Section 455D.25, subsection 2, Code 2014, is amended 20 to read as follows: 21 2. Any person who violates section 455D.8A, 455D.10A , 22 455D.11 , 455D.11A , 455D.11B , 455D.11I , or 455D.19 , or any order 23 or permit issued or rule adopted pursuant to section 455D.6, 24 subsection 4 , section 455D.8A, 455D.10A , 455D.11 , 455D.11A , 25 455D.11B , 455D.11I , or 455D.19 , shall be subject to a civil 26 penalty, not to exceed ten thousand dollars for each day of 27 such violation. 28 EXPLANATION 29 The inclusion of this explanation does not constitute agreement with 30 the explanation’s substance by the members of the general assembly. 31 This bill relates to requirements for recycling facilities. 32 The bill requires the owner of a facility engaged in 33 recycling to maintain a financial assurance instrument in 34 an amount that equals or exceeds the cost for the removal 35 -2- LSB 5229XC (4) 85 tm/nh 2/ 3

S.F. _____ and disposal of all materials accumulated on the property of 1 the facility and provides for closure of the facility. Upon 2 closure of a facility, any materials remaining on the property 3 shall be disposed of at a sanitary landfill. 4 The bill lists types of facilities that are not included 5 in the financial assurance requirements and includes record 6 keeping requirements. 7 The bill provides that a facility violating the financial 8 assurance requirements is subject to a civil penalty, not to 9 exceed $10,000 for each day of such violation. 10 -3- LSB 5229XC (4) 85 tm/nh 3/ 3