Iowa-2017-SF2302-Introduced
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:
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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 concise annual biennial 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 The annual biennial 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 done Periodically
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 materials which that 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 The director state 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 the director state 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 collection may
6 4 shall 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 Distribution and sale of reports.
6 20 All publications of the geological survey shall be
6 21 distributed 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 state made 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.
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