Bill Text: IA HF2185 | 2017-2018 | 87th General Assembly | Introduced


Bill Title: A bill for an act relating to and establishing procedures regarding waste tire conversion within the state, and making penalties applicable.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-02-08 - Subcommittee recommends passage. [HF2185 Detail]

Download: Iowa-2017-HF2185-Introduced.html

House File 2185 - Introduced




                                 HOUSE FILE       
                                 BY  FISHER

                                      A BILL FOR

  1 An Act relating to and establishing procedures regarding waste
  2    tire conversion within the state, and making penalties
  3    applicable.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 5333YH (10) 87
    js/rn/rj

PAG LIN



  1  1    Section 1.  Section 455D.11, subsection 2, Code 2018, is
  1  2 amended to read as follows:
  1  3    2.  Land disposal of waste tires is prohibited beginning
  1  4 July 1, 1991, unless except as provided in section 455D.11J,
  1  5 subsection 3, and the tire has been processed in a manner
  1  6 established by the department. A sanitary landfill shall
  1  7 not refuse to accept a waste tire which has been properly
  1  8 processed.
  1  9    Sec. 2.  NEW SECTION.  455D.11J  Waste tire conversion ==
  1 10 districts established == requirements.
  1 11    1.  As used in this section, unless the context otherwise
  1 12 requires:
  1 13    a.  "Conversion" means the process of reducing the solid mass
  1 14 of a waste tire by no less than eighty percent by weight.
  1 15    b.  "Conversion center" means a facility that is used for
  1 16 the conversion of waste tires and that is owned by a political
  1 17 subdivision of the state.
  1 18    c.  "Dispose" means the final deposit of a waste tire at
  1 19 a conversion center or landfill. "Dispose" does not include
  1 20 depositing a waste tire with a tire collector, as defined in
  1 21 section 455D.11, or a waste tire hauler pursuant to section
  1 22 455D.11I.
  1 23    d.  "Person" means an individual, corporation, limited
  1 24 liability company, government or governmental subdivision
  1 25 or agency, business trust, estate, trust, partnership or
  1 26 association, or any other legal entity.
  1 27    e.  "Political subdivision" means a county, city, or
  1 28 township.
  1 29    2.  Waste tire conversion districts are established and
  1 30 defined as:
  1 31    a.  District 1 shall comprise the counties of: Allamakee,
  1 32 Benton, Black Hawk, Bremer, Buchanan, Chickasaw, Clayton,
  1 33 Delaware, Dubuque, Fayette, Howard, Jackson, Jones, Linn,
  1 34 Winneshiek;
  1 35    b.  District 2 shall comprise the counties of: Butler, Cerro
  2  1 Gordo, Floyd, Franklin, Grundy, Hamilton, Hancock, Hardin,
  2  2 Humboldt, Kossuth, Mitchell, Webster, Winnebago, Worth, Wright;
  2  3    c.  District 3 shall comprise the counties of: Buena Vista,
  2  4 Calhoun, Cherokee, Clay, Dickinson, Emmet, Ida, Lyon, O'Brien,
  2  5 Osceola, Palo Alto, Plymouth, Pocahontas, Sac, Sioux, Woodbury;
  2  6    d.  District 4 shall comprise the counties of: Adair, Adams,
  2  7 Audubon, Carroll, Cass, Crawford, Fremont, Greene, Guthrie,
  2  8 Harrison, Mills, Monona, Montgomery, Page, Pottawattamie,
  2  9 Ringgold, Shelby, Taylor, Union;
  2 10    e.  District 5 shall comprise the counties of: Appanoose,
  2 11 Boone, Clarke, Dallas, Decatur, Jasper, Lucas, Madison,
  2 12 Mahaska, Marion, Marshall, Monroe, Polk, Poweshiek, Story,
  2 13 Tama, Warren, Wayne;
  2 14    f.  District 6 shall comprise the counties of: Cedar,
  2 15 Clinton, Davis, Des Moines, Henry, Iowa, Jefferson, Johnson,
  2 16 Keokuk, Lee, Louisa, Muscatine, Scott, Van Buren, Wapello,
  2 17 Washington.
  2 18    3.  a.  A person may only dispose of waste tires generated
  2 19 within a waste tire conversion district at a waste tire
  2 20 conversion center if one has been established in the district.
  2 21    b.  Notwithstanding paragraph "a", a person may dispose of
  2 22 tires at a waste tire conversion center in a different waste
  2 23 tire conversion district or a processing site to be processed
  2 24 pursuant to section 455D.11 if any of the following apply:
  2 25    (1)  A waste tire conversion district has not established a
  2 26 waste tire conversion center.
  2 27    (2)  A waste tire conversion center has been established
  2 28 within a district, but the waste tires collected at the waste
  2 29 tire conversion center exceed the capacity of the facility.
  2 30    c.  A waste tire conversion center shall comply with the laws
  2 31 of this state governing environmental protection, and the laws
  2 32 and regulations of the federal government governing clean air
  2 33 emissions.
  2 34    4.  a.  A waste tire conversion center may only be owned
  2 35 and operated by the state or a political subdivision.
  3  1 However, multiple political subdivisions in the same waste
  3  2 tire conversion district may jointly purchase, lease, or
  3  3 lease=purchase a waste tire conversion center.
  3  4    b.  The state or a political subdivision that establishes a
  3  5 waste tire conversion center may subcontract for the operation
  3  6 of the waste tire conversion center.
  3  7    Sec. 3.  Section 455D.22, Code 2018, is amended to read as
  3  8 follows:
  3  9    455D.22  Civil penalty.
  3 10    A person who violates section 455D.6, subsection 4, section
  3 11 455D.11, 455D.11A, 455D.11B, 455D.11I, 455D.11J, or 455D.19,
  3 12 or any rule, permit, or order issued pursuant thereto shall
  3 13 be subject to a civil penalty which shall be established,
  3 14 assessed, and collected in the same manner as provided in
  3 15 section 455B.109. Any civil penalty collected shall be
  3 16 deposited in the general fund of the state.
  3 17    Sec. 4.  Section 455D.25, subsection 2, Code 2018, is amended
  3 18 to read as follows:
  3 19    2.  Any person who violates section 455D.10A, 455D.11,
  3 20 455D.11A, 455D.11B, 455D.11I, or 455D.19, or any order or
  3 21 permit issued or rule adopted pursuant to section 455D.6,
  3 22 subsection 4, section 455D.10A, 455D.11, 455D.11A, 455D.11B,
  3 23 455D.11I, 455D.11J, or 455D.19, shall be subject to a civil
  3 24 penalty, not to exceed ten thousand dollars for each day of
  3 25 such violation.
  3 26                           EXPLANATION
  3 27 The inclusion of this explanation does not constitute agreement with
  3 28 the explanation's substance by the members of the general assembly.
  3 29    This bill creates a new requirement and procedure for
  3 30 disposing of waste tires in the state.
  3 31    Current law prevents a person from disposing of waste tires
  3 32 unless the tires undergo proper processing as determined by the
  3 33 department of natural resources. "Processing" means producing
  3 34 or manufacturing usable materials from waste tires.
  3 35    The bill requires waste tires to undergo conversion, as
  4  1 defined in the bill, if they originate within a waste tire
  4  2 conversion district. If a waste tire conversion center does
  4  3 not exist within a district, a person may dispose of waste
  4  4 tires at a waste tire conversion center in a different waste
  4  5 tire conversion district or dispose of the waste tires at a
  4  6 landfill after the waste tires undergo processing. A person
  4  7 may also dispose of waste tires according to current law when
  4  8 the waste tires collected at a waste tire conversion center
  4  9 exceed the capacity of the center. A person who violates the
  4 10 provisions of the bill is subject to a civil penalty pursuant
  4 11 to Code sections 455D.22 and 455D.25.
       LSB 5333YH (10) 87
       js/rn/rj
feedback