Bill Text: IA SF2302 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to the duties of and programs administered by the department of natural resources, and making penalties applicable. (Formerly SSB 3091.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2018-03-12 - Withdrawn. S.J. 631. [SF2302 Detail]
Download: Iowa-2017-SF2302-Introduced.html
Senate File 2302 - Introduced SENATE FILE BY COMMITTEE ON NATURAL RESOURCES AND ENVIRONMENT (SUCCESSOR TO SSB 3091) A BILL FOR 1 An Act relating to the duties of and programs administered by 2 the department of natural resources, and making penalties 3 applicable. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5233SV (2) 87 js/rn PAG LIN 1 1 Section 1. Section 455A.4, subsection 1, paragraph b, Code 1 2 2018, is amended to read as follows: 1 3 b. Provide overall supervision, direction, and coordination 1 4 of functions to be administered by the administrators under 1 5 chapters 321G, 321I, 455B, 455C,456,456A, 456B, 457A, 458A, 1 6 459, 459A, 459B, 461A, 462A, 462B, 464A, 465C, 473, 481A, 481B, 1 7 483A, 484A, and 484B. 1 8 Sec. 2. Section 455B.105, subsection 5, Code 2018, is 1 9 amended to read as follows: 1 10 5. Make a conciseannualbiennial report to the governor and 1 11 the general assembly, which report shall contain information 1 12 relating to the accomplishments and status of the programs 1 13 administered by the department and include recommendations 1 14 for legislative action which may be required to protect or 1 15 enhance the environment or to modernize the operation of the 1 16 department or any of the programs or services assigned to the 1 17 department and recommendations for the transfer of powers and 1 18 duties of the department as deemed advisable by the commission. 1 19 Theannualbiennial report shall conform to the provisions of 1 20 section 7A.3. 1 21 Sec. 3. Section 455B.174, subsection 5, paragraph a, Code 1 22 2018, is amended to read as follows: 1 23 a.Conduct random inspections of work donePeriodically 1 24 review permits and reports submitted by city and county 1 25 public works departments in accordance with section 455B.183, 1 26 subsection 3, to ensure such public works departments are 1 27 complying with this part of this division. If a city or county 1 28 public works department is not complying with section 455B.183 1 29 in reviewing plans and specifications or in granting permits 1 30 or both, the department shall perform these functions in that 1 31 jurisdiction until the city or county public works department 1 32 is able to perform them. Performance of these functions in a 1 33 jurisdiction by a local public works department shall not be 1 34 suspended or revoked until after notice and opportunity for 1 35 hearing as provided in chapter 17A. 2 1 Sec. 4. Section 455B.301, subsection 23, Code 2018, is 2 2 amended by adding the following new paragraph: 2 3 NEW PARAGRAPH. f. Material that is legitimately recycled 2 4 pursuant to section 455D.4A. 2 5 Sec. 5. Section 455D.1, subsection 5, Code 2018, is amended 2 6 to read as follows: 2 7 5. "Recycling" means any process by which waste, or 2 8 materialswhichthat would otherwise become waste, are 2 9 collected, separated, or processed and revised or returned 2 10 to use in the form of raw materials or products pursuant to 2 11 section 455D.4A. "Recycling" includes but is not limited to the 2 12 composting of yard waste which has been previously separated 2 13 from other waste, but does not include any form of energy 2 14 recovery. 2 15 Sec. 6. NEW SECTION. 455D.4A Recycling. 2 16 1. For the purpose of this section, "recycling facility" 2 17 means any facility, business, or operation that has the stated 2 18 primary purpose of facilitating the recycling of materials that 2 19 would otherwise be solid waste. 2 20 2. Recycling of materials for the purpose of being excluded 2 21 from the solid waste provisions of chapter 455B, division 2 22 IV, part 1, must be legitimate. A material that is not 2 23 legitimately recycled is discarded material and is a solid 2 24 waste. In determining if recycling is legitimate, recycling 2 25 facilities must establish all of the following: 2 26 a. The material is potentially recyclable and has a feasible 2 27 means of being recycled into a valuable product. 2 28 b. The material is being managed as a valuable commodity 2 29 while under their control. 2 30 c. The material is not being accumulated speculatively 2 31 pursuant to subsection 7. 2 32 3. If the department determines that a facility is not 2 33 legitimately recycling material, the department may allow the 2 34 facility owner or operator an opportunity to comply with the 2 35 criteria in subsection 2, or may immediately deem the facility 3 1 subject to the solid waste provisions of chapter 455B, division 3 2 IV, part 1. 3 3 4. The criteria in subsection 2 are intended to mitigate 3 4 the risk posed by facilities that accumulate materials 3 5 speculatively prior to recycling by preventing materials that 3 6 are not otherwise regulated under chapter 455B, division IV, 3 7 part 1, from being stored indefinitely and potentially causing 3 8 a public health nuisance or adverse environmental impact. 3 9 In response to enforcement initiated by the department for 3 10 alleged violations of this section, the burden of proof falls 3 11 on the recycling facility owner or operator to establish that 3 12 materials are being legitimately recycled. 3 13 5. To establish that a material is potentially recyclable 3 14 and has a feasible means of being recycled into a valuable 3 15 product, a recycling facility owner or operator shall maintain 3 16 with an end user at least one purchase contract, a letter of 3 17 understanding, or other formal agreement. Such documentation 3 18 must be provided to the department upon request. In addition, 3 19 if the material is going to be recycled in an unusual manner, 3 20 the owner or operator may use technical specifications from the 3 21 end user or other documentation to prove recycling the material 3 22 in such manner will result in a valuable product. 3 23 6. To establish that a material is being managed as a 3 24 valuable commodity while under their control, a recycling 3 25 facility owner or operator shall ensure that stockpiled 3 26 material is not speculatively accumulated by maintaining 3 27 current inventory records and is managed in a manner consistent 3 28 with comparable recyclable materials or products in an equally 3 29 protective manner. 3 30 7. To establish that a material is not being accumulated 3 31 speculatively, the recycling facility owner or operator must 3 32 document that, during a given calendar year, the amount of 3 33 material that is recycled, or transferred to a different 3 34 site for recycling, equals at least seventy=five percent by 3 35 weight or volume of the amount of material accumulated at 4 1 the beginning of the period. Materials must be placed in a 4 2 storage unit with a label indicating the first date that the 4 3 material began to be accumulated. If placing a label on the 4 4 storage unit is not practicable, the accumulation period must 4 5 be documented through an inventory log or other appropriate 4 6 method. 4 7 8. Failure to provide documentation upon request to the 4 8 department relative to the requirements of this section is 4 9 grounds for the department to immediately deem the facility not 4 10 in compliance with this section. 4 11 Sec. 7. Section 455D.16, subsection 7, paragraph c, Code 4 12 2018, is amended by striking the paragraph. 4 13 Sec. 8. Section 455D.22, Code 2018, is amended to read as 4 14 follows: 4 15 455D.22 Civil penalty. 4 16 A person who violates section 455D.4A, 455D.6, subsection 4 17 4, section 455D.11, 455D.11A, 455D.11B, 455D.11I, or 455D.19, 4 18 or any rule, permit, or order issued pursuant thereto shall 4 19 be subject to a civil penalty which shall be established, 4 20 assessed, and collected in the same manner as provided in 4 21 section 455B.109. Any civil penalty collected shall be 4 22 deposited in the general fund of the state. 4 23 Sec. 9. Section 455D.23, Code 2018, is amended to read as 4 24 follows: 4 25 455D.23 Violations. 4 26 The director may issue any order necessary to secure 4 27 compliance with or prevent a violation of the provisions of 4 28 this chapter or any rule adopted or permit or order issued 4 29 pursuant to this chapter. Any order issued to enforce section 4 30 455D.4A may include a requirement to remove and properly 4 31 dispose of materials being accumulated speculatively from a 4 32 property and impose costs and penalties as determined by the 4 33 department by rule. The person to whom such compliance order 4 34 is issued may cause to be commenced a contested case within the 4 35 meaning of chapter 17A, by filing within thirty days a notice 5 1 of appeal to the commission. On appeal, the commission may 5 2 affirm, modify, or vacate the order of the director. 5 3 Sec. 10. Section 455D.25, subsection 2, Code 2018, is 5 4 amended to read as follows: 5 5 2. Any person who violates section 455D.4A, 455D.10A, 5 6 455D.11, 455D.11A, 455D.11B, 455D.11I, or 455D.19, or any order 5 7 or permit issued or rule adopted pursuant to section 455D.6, 5 8 subsection 4, section 455D.10A, 455D.11, 455D.11A, 455D.11B, 5 9 455D.11I, or 455D.19, shall be subject to a civil penalty, not 5 10 to exceed ten thousand dollars for each day of such violation. 5 11 Sec. 11. Section 456.1, Code 2018, is amended by striking 5 12 the section and inserting in lieu thereof the following: 5 13 456.1 Geological survey created. 5 14 A geological survey of the state is created within the state 5 15 university of Iowa, under the jurisdiction and authority of the 5 16 state board of regents. 5 17 Sec. 12. Section 456.2, Code 2018, is amended to read as 5 18 follows: 5 19 456.2 State geologist == qualifications. 5 20 Thedirectorstate board of regents shall appoint the state 5 21 geologist. The state geologist must, at a minimum, have a 5 22 master's degree in geology from an accredited college or 5 23 university and must have at least five years of geological 5 24 experience. The annual salary of the state geologist shall be 5 25 determined by thedirectorstate board of regents. 5 26 Sec. 13. Section 456.4, Code 2018, is amended to read as 5 27 follows: 5 28 456.4 Investigations == collection== renting space. 5 29 The state geologist shall investigate the characters of the 5 30 various soils and their capacities for agricultural purposes, 5 31 the streams, and other scientific and natural resource matters 5 32 that may be of practical importance and interest.For the 5 33 purpose of preserving well drilling samples, rock cores, 5 34 fossils, and other materials as may be necessary to carry on 5 35 investigations, the state geologist shall have the authority 6 1 to lease or rent sufficient space for storage of these 6 2 materials with the approval of the director of the department 6 3 of administrative services.A complete cabinet collectionmay 6 4shall be made to illustrate the natural products of the state, 6 5 and the state geologist may also furnish suites of materials, 6 6 rocks, and fossils for colleges and public museums within the 6 7 state, if it can be done without impairing the general state 6 8 collection. 6 9 Sec. 14. Section 456.7, Code 2018, is amended to read as 6 10 follows: 6 11 456.7 Annual report. 6 12 The state geologist shall, annually, at the time provided 6 13 by law, make to the governor and the general assembly a full 6 14 report of the work in the preceding year, which report shall 6 15 be accompanied by such other reports and papers as may be 6 16 considered desirable for publication. 6 17 Sec. 15. Section 456.10, Code 2018, is amended to read as 6 18 follows: 6 19 456.10 Distributionand saleof reports. 6 20 All publications of the geological survey shall be 6 21distributed by the state as are other published reports of 6 22 state officers when no special provision is made. When such 6 23 distribution has been made the state geologist shall retain 6 24 a sufficient number of copies to supply probable future 6 25 demands and any copies in excess of such number shall be sold 6 26 to persons making application therefor at the cost price of 6 27 publication, the money thus accruing to be turned into the 6 28 treasury of the statemade available electronically via an 6 29 internet site maintained for that purpose. 6 30 Sec. 16. REPEAL. Section 455C.17, Code 2018, is repealed. 6 31 EXPLANATION 6 32 The inclusion of this explanation does not constitute agreement with 6 33 the explanation's substance by the members of the general assembly. 6 34 This bill relates to duties and programs administered by the 6 35 department of natural resources. 7 1 Under current law, the environmental protection commission 7 2 must give an annual report to the governor and general assembly 7 3 about the accomplishments and status of the programs of the 7 4 department. The bill causes the report to be biennial rather 7 5 than annual. 7 6 The director currently has the duty to conduct random 7 7 inspections of work done by city and public works departments 7 8 to ensure that such public works departments are complying with 7 9 permit issuance and records reporting criteria regarding water 7 10 and sewage projects. Rather than conduct random inspections 7 11 of on=site files of city and county public works departments, 7 12 the bill requires the director to periodically review permits 7 13 and reports submitted by those agencies in accordance with Code 7 14 section 455B.183(3). 7 15 The current definition for "recycling" states that it is a 7 16 process involving the collecting, separating, or processing 7 17 of potential waste to revise or return the waste to use in 7 18 the form of raw materials or products. The bill changes the 7 19 definition of "recycling" by stating that recycling occurs 7 20 pursuant to new Code section 455D.4A. The bill also creates a 7 21 definition for "recycling facility". 7 22 Currently, the director may issue a compliance order 7 23 to secure compliance or prevent a violation of any of the 7 24 provisions relating to recycling and waste reduction. A person 7 25 who violates a law that governs the disposal, storage, or 7 26 handling of certain wastes, or a rule, permit, or order issued 7 27 pursuant to one of those laws, is subject to a civil penalty 7 28 of no more than $10,000. The department can request that the 7 29 attorney general pursue litigation for that violation. A 7 30 person found in violation after litigation shall be subject to 7 31 a civil penalty of up to $10,000 per day. 7 32 The bill requires a recycling facility to prove that 7 33 materials it stores are potentially recyclable. A person who 7 34 fails to meet the criteria for legitimate recycling is subject 7 35 to the provisions regarding compliance orders, litigation, and 8 1 civil penalties. 8 2 Since 2010, the department has had to submit a written 8 3 report to the general assembly regarding issues related to the 8 4 collection and recycling of mercury=added thermostats in the 8 5 state. The bill deletes this duty. 8 6 Currently, a geological survey exists within the department. 8 7 The director of the department must provide supervision, 8 8 direction, and coordination of functions of the state 8 9 geologist. The director must appoint the state geologist, who 8 10 must have a degree in geology from an accredited college or 8 11 university and at least five years of geological experience. 8 12 The director determines the state geologist's salary. The 8 13 state geologist has the authority to lease or rent sufficient 8 14 space for storage of well drilling samples, rock cores, 8 15 fossils, and other materials as may be necessary to carry 8 16 on investigations, with the approval of the director of the 8 17 department of administrative services. The state geologist 8 18 may assemble a complete cabinet collection to illustrate the 8 19 natural products of the state. 8 20 The state geologist must give to the governor an annual 8 21 report that consists of the work from the preceding year. The 8 22 state shall distribute all publications of the geological 8 23 survey like any other publication of state officers when no 8 24 special provision exists. The state geologist shall retain a 8 25 sufficient number of copies to supply probable future demands 8 26 and the state will sell any extra copies to persons making 8 27 application therefor at the cost price of publication. 8 28 The bill removes the geological survey from the department 8 29 and places it in the state university of Iowa under the 8 30 jurisdiction and authority of the state board of regents. 8 31 The state board of regents will appoint the state geologist, 8 32 who must have at least a master's degree in geology from an 8 33 accredited college or university and five years of geological 8 34 experience. The state board of regents will determine the 8 35 salary for the state geologist. The state geologist will no 9 1 longer have the authority to lease or rent sufficient space 9 2 for storage of well drilling samples, rock cores, fossils, and 9 3 other materials as may be necessary to carry on investigations. 9 4 Additionally, the state geologist must assemble a complete 9 5 cabinet collection to illustrate the natural products of the 9 6 state. 9 7 The bill requires the state geologist to annually report to 9 8 the general assembly in addition to the governor. Geological 9 9 survey publications will no longer be distributed or sold 9 10 like other published reports of state officers, but rather be 9 11 available electronically on an internet site maintained for the 9 12 purpose of documenting these publications. 9 13 There currently exists an independent redemption center 9 14 grant program that awards grants for improvements to redemption 9 15 centers that are not affiliated with or in any way a subsidiary 9 16 of a dealer, distributor, or manufacturer and are either 9 17 nonprofit or for=profit but have existed prior to July 1, 2008. 9 18 The bill repeals this grant program. LSB 5233SV (2) 87 js/rn
