House
File
2185
-
Introduced
HOUSE
FILE
2185
BY
FISHER
A
BILL
FOR
An
Act
relating
to
and
establishing
procedures
regarding
waste
1
tire
conversion
within
the
state,
and
making
penalties
2
applicable.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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2185
Section
1.
Section
455D.11,
subsection
2,
Code
2018,
is
1
amended
to
read
as
follows:
2
2.
Land
disposal
of
waste
tires
is
prohibited
beginning
3
July
1,
1991,
unless
except
as
provided
in
section
455D.11J,
4
subsection
3,
and
the
tire
has
been
processed
in
a
manner
5
established
by
the
department.
A
sanitary
landfill
shall
6
not
refuse
to
accept
a
waste
tire
which
has
been
properly
7
processed.
8
Sec.
2.
NEW
SECTION
.
455D.11J
Waste
tire
conversion
——
9
districts
established
——
requirements.
10
1.
As
used
in
this
section,
unless
the
context
otherwise
11
requires:
12
a.
“Conversion”
means
the
process
of
reducing
the
solid
mass
13
of
a
waste
tire
by
no
less
than
eighty
percent
by
weight.
14
b.
“Conversion
center”
means
a
facility
that
is
used
for
15
the
conversion
of
waste
tires
and
that
is
owned
by
a
political
16
subdivision
of
the
state.
17
c.
“Dispose”
means
the
final
deposit
of
a
waste
tire
at
18
a
conversion
center
or
landfill.
“Dispose”
does
not
include
19
depositing
a
waste
tire
with
a
tire
collector,
as
defined
in
20
section
455D.11,
or
a
waste
tire
hauler
pursuant
to
section
21
455D.11I.
22
d.
“Person”
means
an
individual,
corporation,
limited
23
liability
company,
government
or
governmental
subdivision
24
or
agency,
business
trust,
estate,
trust,
partnership
or
25
association,
or
any
other
legal
entity.
26
e.
“Political
subdivision”
means
a
county,
city,
or
27
township.
28
2.
Waste
tire
conversion
districts
are
established
and
29
defined
as:
30
a.
District
1
shall
comprise
the
counties
of:
Allamakee,
31
Benton,
Black
Hawk,
Bremer,
Buchanan,
Chickasaw,
Clayton,
32
Delaware,
Dubuque,
Fayette,
Howard,
Jackson,
Jones,
Linn,
33
Winneshiek;
34
b.
District
2
shall
comprise
the
counties
of:
Butler,
Cerro
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Gordo,
Floyd,
Franklin,
Grundy,
Hamilton,
Hancock,
Hardin,
1
Humboldt,
Kossuth,
Mitchell,
Webster,
Winnebago,
Worth,
Wright;
2
c.
District
3
shall
comprise
the
counties
of:
Buena
Vista,
3
Calhoun,
Cherokee,
Clay,
Dickinson,
Emmet,
Ida,
Lyon,
O’Brien,
4
Osceola,
Palo
Alto,
Plymouth,
Pocahontas,
Sac,
Sioux,
Woodbury;
5
d.
District
4
shall
comprise
the
counties
of:
Adair,
Adams,
6
Audubon,
Carroll,
Cass,
Crawford,
Fremont,
Greene,
Guthrie,
7
Harrison,
Mills,
Monona,
Montgomery,
Page,
Pottawattamie,
8
Ringgold,
Shelby,
Taylor,
Union;
9
e.
District
5
shall
comprise
the
counties
of:
Appanoose,
10
Boone,
Clarke,
Dallas,
Decatur,
Jasper,
Lucas,
Madison,
11
Mahaska,
Marion,
Marshall,
Monroe,
Polk,
Poweshiek,
Story,
12
Tama,
Warren,
Wayne;
13
f.
District
6
shall
comprise
the
counties
of:
Cedar,
14
Clinton,
Davis,
Des
Moines,
Henry,
Iowa,
Jefferson,
Johnson,
15
Keokuk,
Lee,
Louisa,
Muscatine,
Scott,
Van
Buren,
Wapello,
16
Washington.
17
3.
a.
A
person
may
only
dispose
of
waste
tires
generated
18
within
a
waste
tire
conversion
district
at
a
waste
tire
19
conversion
center
if
one
has
been
established
in
the
district.
20
b.
Notwithstanding
paragraph
“a”
,
a
person
may
dispose
of
21
tires
at
a
waste
tire
conversion
center
in
a
different
waste
22
tire
conversion
district
or
a
processing
site
to
be
processed
23
pursuant
to
section
455D.11
if
any
of
the
following
apply:
24
(1)
A
waste
tire
conversion
district
has
not
established
a
25
waste
tire
conversion
center.
26
(2)
A
waste
tire
conversion
center
has
been
established
27
within
a
district,
but
the
waste
tires
collected
at
the
waste
28
tire
conversion
center
exceed
the
capacity
of
the
facility.
29
c.
A
waste
tire
conversion
center
shall
comply
with
the
laws
30
of
this
state
governing
environmental
protection,
and
the
laws
31
and
regulations
of
the
federal
government
governing
clean
air
32
emissions.
33
4.
a.
A
waste
tire
conversion
center
may
only
be
owned
34
and
operated
by
the
state
or
a
political
subdivision.
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However,
multiple
political
subdivisions
in
the
same
waste
1
tire
conversion
district
may
jointly
purchase,
lease,
or
2
lease-purchase
a
waste
tire
conversion
center.
3
b.
The
state
or
a
political
subdivision
that
establishes
a
4
waste
tire
conversion
center
may
subcontract
for
the
operation
5
of
the
waste
tire
conversion
center.
6
Sec.
3.
Section
455D.22,
Code
2018,
is
amended
to
read
as
7
follows:
8
455D.22
Civil
penalty.
9
A
person
who
violates
section
455D.6,
subsection
4
,
section
10
455D.11
,
455D.11A
,
455D.11B
,
455D.11I
,
455D.11J,
or
455D.19
,
11
or
any
rule,
permit,
or
order
issued
pursuant
thereto
shall
12
be
subject
to
a
civil
penalty
which
shall
be
established,
13
assessed,
and
collected
in
the
same
manner
as
provided
in
14
section
455B.109
.
Any
civil
penalty
collected
shall
be
15
deposited
in
the
general
fund
of
the
state.
16
Sec.
4.
Section
455D.25,
subsection
2,
Code
2018,
is
amended
17
to
read
as
follows:
18
2.
Any
person
who
violates
section
455D.10A
,
455D.11
,
19
455D.11A
,
455D.11B
,
455D.11I
,
or
455D.19
,
or
any
order
or
20
permit
issued
or
rule
adopted
pursuant
to
section
455D.6,
21
subsection
4
,
section
455D.10A
,
455D.11
,
455D.11A
,
455D.11B
,
22
455D.11I
,
455D.11J,
or
455D.19
,
shall
be
subject
to
a
civil
23
penalty,
not
to
exceed
ten
thousand
dollars
for
each
day
of
24
such
violation.
25
EXPLANATION
26
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
27
the
explanation’s
substance
by
the
members
of
the
general
assembly.
28
This
bill
creates
a
new
requirement
and
procedure
for
29
disposing
of
waste
tires
in
the
state.
30
Current
law
prevents
a
person
from
disposing
of
waste
tires
31
unless
the
tires
undergo
proper
processing
as
determined
by
the
32
department
of
natural
resources.
“Processing”
means
producing
33
or
manufacturing
usable
materials
from
waste
tires.
34
The
bill
requires
waste
tires
to
undergo
conversion,
as
35
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defined
in
the
bill,
if
they
originate
within
a
waste
tire
1
conversion
district.
If
a
waste
tire
conversion
center
does
2
not
exist
within
a
district,
a
person
may
dispose
of
waste
3
tires
at
a
waste
tire
conversion
center
in
a
different
waste
4
tire
conversion
district
or
dispose
of
the
waste
tires
at
a
5
landfill
after
the
waste
tires
undergo
processing.
A
person
6
may
also
dispose
of
waste
tires
according
to
current
law
when
7
the
waste
tires
collected
at
a
waste
tire
conversion
center
8
exceed
the
capacity
of
the
center.
A
person
who
violates
the
9
provisions
of
the
bill
is
subject
to
a
civil
penalty
pursuant
10
to
Code
sections
455D.22
and
455D.25.
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