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 TLSB 5333YH (10) 87 js/rn/rj
H.F. 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 35 -1- LSB 5333YH (10) 87 js/rn/rj 1/ 4
H.F. 2185 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. 35 -2- LSB 5333YH (10) 87 js/rn/rj 2/ 4
H.F. 2185 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 -3- LSB 5333YH (10) 87 js/rn/rj 3/ 4
H.F. 2185 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. 11 -4- LSB 5333YH (10) 87 js/rn/rj 4/ 4