Bill Text: IA SF299 | 2011-2012 | 84th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: A bill for an act relating to environmental protection, including solid waste, sewage works, hazardous waste, infectious medical waste, and pesticide and fertilizer contamination. (Formerly SSB 1046.) Effective 7-1-11.

Spectrum: Committee Bill

Status: (Passed) 2011-12-31 - END OF 2011 ACTIONS [SF299 Detail]

Download: Iowa-2011-SF299-Introduced.html

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Senate File 299 - Introduced
SENATE FILE 299
BY COMMITTEE ON NATURAL
RESOURCES AND ENVIRONMENT
(SUCCESSOR TO SSB 1046)
A BILL FOR
An Act relating to environmental protection, including solid
waste, sewage works, hazardous waste, infectious medical
waste, and pesticide and fertilizer contamination.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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Section 1. Section 29C.8A, subsection 1, Code 2011, is
amended to read as follows:
1. An emergency response fund is created in the state
treasury. The first one hundred thousand dollars received
annually by the treasurer of state for the civil penalties
and fines imposed by the court pursuant to sections 455B.146 ,
455B.191 , 455B.386 , 455B.417 , 455B.454 , 455B.466 , and 455B.477
shall be deposited in the waste volume reduction and recycling
fund created in section 455D.15 . The next hundred thousand
dollars shall be deposited in the emergency response fund and
any additional moneys shall be deposited in the household
hazardous waste account. All moneys received annually by
the treasurer of the state for the fines imposed by sections
716B.2 , 716B.3 , and 716B.4 shall also be deposited in the
emergency response fund.
Sec. 2. Section 161.2, subsections 1, 2, 5, 6, 11, 14, and
15, Code 2011, are amended to read as follows:
1. “Action level” means the same as defined in section
455B.602 cleanup standards provided in section 455H.201 .
2. “Active site cleanup” means the same as defined in
section 455B.602 treating, dispersing, removing, or disposing
of contamination located in soil or water, including but not
limited to excavating soil or installing institutional or
technological controls to water quality .
5. “Contaminated site” means the same as defined in section
455B.602 a site upon which contamination has been discovered .
6. “Contamination” means the same as defined in section
455B.602 the presence of one or more pesticides or the presence
of fertilizer in soil or groundwater at levels above those
levels that would result from normal field application rates or
above background levels .
11. “Passive site cleanup” means the same as defined in
section 455B.602 the removal or treatment of a contaminant in
soil or water through management practices or the construction
of barriers, trenches, and other similar facilities for
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prevention of contamination, as well as the use of natural
processes such as groundwater recharge, natural decay, and
chemical or biological decomposition .
14. “Remediation” means the same as defined in section
455B.602 . a process used to protect the public health and
safety or the environment from contamination, including by
doing all of the following:
a. Controlling, containing, or stabilizing the effects
caused by a prohibited release.
b. Investigating, identifying, or analyzing a contaminant or
a contamination source; collecting samples, including soil and
water samples; assessing the condition of a site; monitoring
a contaminated site; providing for structural testing; or
providing for engineering services.
c. Providing for site cleanup.
15. “Responsible person” means the same as defined
in section 455B.602 a person who is legally liable for
contamination or who is legally responsible for abating
contamination under any applicable law, including chapters
455B and 455E and the common law . “Responsible person” may
include a person causing, allowing, or otherwise participating
in the activities or events which cause contamination, persons
who have failed to conduct their activities so as to prevent
the release of contaminants into groundwater, persons who are
obligated to abate a condition, or persons responsible for or
a successor to such persons. “Responsible person” does not
include a person who caused contamination by acting in a manner
unauthorized by the owner of the pesticide or fertilizer,
including a person who trespasses upon a site.
Sec. 3. Section 161.2, Code 2011, is amended by adding the
following new subsection:
NEW SUBSECTION . 3A. “Background levels” means
concentrations of a contaminant generally present in the
environment in the vicinity of a site or an affected area and
not the result of release.
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Sec. 4. Section 161.5, Code 2011, is amended to read as
follows:
161.5 Remediation standards.
Remediation conducted pursuant to a plan of remediation
incorporated within a remediation agreement as required in
section 161.8 shall be performed according to standards adopted
by the department of natural resources pursuant to section
455B.601 455H.201 .
Sec. 5. Section 455B.104, subsection 1, Code 2011, is
amended to read as follows:
1. The department shall either approve or deny a permit
to a person applying for a permit under this chapter within
six months from the date that the department receives a
completed application for the permit. An application which
is not approved or denied within the six-month period shall
be approved by default. The department shall issue a permit
to the applicant within ten days following the date of
default approval. However, this subsection shall not apply to
applications for permits which are issued under division II or
division IV, parts 2 through 7 5 .
Sec. 6. Section 455B.411, subsections 5 through 11, Code
2011, are amended by striking the subsections.
Sec. 7. Section 455B.426, subsection 2, Code 2011, is
amended to read as follows:
2. The director shall investigate all known or suspected
hazardous waste or hazardous substance disposal sites and
determine whether each site should be included in the registry.
In the evaluation of known or suspected hazardous waste or
hazardous substance disposal sites, the director may enter
private property and perform tests and analyses in the manner
provided in section 455B.416 .
Sec. 8. Section 455B.426, Code 2011, is amended by adding
the following new subsections:
NEW SUBSECTION . 3. Beginning July 1, 2011, a new site shall
not be placed on the registry of confirmed hazardous waste or
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hazardous substance disposal sites.
NEW SUBSECTION . 4. A site placed on the registry of
confirmed hazardous waste or hazardous substance disposal sites
prior to July 1, 2011, shall be removed upon the execution of
a uniform environmental covenant pursuant to the provisions
of chapter 455I relating to the contaminated portions of the
property listed on the registry. A site may also be removed
from the registry pursuant to section 455B.427, subsection 4.
NEW SUBSECTION . 5. If no sites remain listed on the
registry of confirmed hazardous waste or hazardous substance
disposal sites, the department shall recommend to the general
assembly the repeal of this section and sections 455B.427
through 455B.432.
Sec. 9. Section 455D.15, subsection 3, paragraph a, Code
2011, is amended by striking the paragraph.
Sec. 10. Section 455H.102, Code 2011, is amended to read as
follows:
455H.102 Scope.
The environmental remediation standards established under
this chapter shall be used for any response action or other
site assessment or remediation that is conducted at a site
enrolled pursuant to this chapter notwithstanding provisions
regarding water quality in chapter 455B, division III ;
hazardous conditions in chapter 455B, division IV, part 4 ;
hazardous waste and substance management in chapter 455B,
division IV, part 5 ; underground storage tanks, other than
petroleum underground storage tanks, in chapter 455B, division
IV, part 8 ; contaminated sites in chapter 455B, division VIII ;
and groundwater protection in chapter 455E .
Sec. 11. Section 558.69, subsection 1, paragraph e, Code
2011, is amended to read as follows:
e. That no known hazardous waste as defined in section
455B.411, subsection 3 , or listed by the department pursuant
to section 455B.412, subsection 1 , exists on the property, or
if known hazardous waste does exist, that the waste is being
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managed in accordance with rules adopted by the department of
natural resources.
Sec. 12. Section 716B.1, subsections 5 and 6, Code 2011, are
amended to read as follows:
5. “Storage” or “store” means storage as defined in section
455B.411, subsection 9 the containment of a hazardous waste,
either on a temporary basis or for a period of years, in a
manner that does not constitute disposal of the hazardous
waste .
6. “Treatment” or “treat” means treatment as defined
in section 455B.411, subsection 10 a method, technique, or
process, including neutralization, designed to change the
physical, chemical, or biological character or composition of a
hazardous waste so as to neutralize the waste or to render the
waste nonhazardous, safer for transport, amenable for recovery,
amenable for storage, or to reduce the waste in volume .
“Treatment” includes any activity or processing designed to
change the physical form or chemical composition of hazardous
waste to render the waste nonhazardous.
Sec. 13. REPEAL. Sections 455B.116, 455B.241, 455B.242,
455B.243, 455B.244, 455B.245, 455B.246, 455B.312, 455B.316,
455B.412, 455B.413, 455B.414, 455B.415, 455B.416, 455B.417,
455B.418, 455B.419, 455B.420, 455B.421, 455B.441, 455B.442,
455B.443, 455B.444, 455B.445, 455B.446, 455B.447, 455B.448,
455B.449, 455B.450, 455B.451, 455B.452, 455B.453, 455B.454,
455B.455, 455B.461, 455B.462, 455B.463, 455B.465, 455B.466,
455B.467, 455B.468, 455B.504, 455B.601, and 455B.602, Code
2011, are repealed.
Sec. 14. REPEAL. Section 455D.8, Code 2011, is repealed.
EXPLANATION
This bill relates to solid waste, sewage works, hazardous
waste, infectious medical waste, and pesticide and fertilizer
contamination.
The bill repeals Code sections relating to the pollution
hotline program; sewage works construction; the waste
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abatement program; a penalty for making a false statement or
representation in a solid waste comprehensive plan; certain
duties of the department of natural resources related to
hazardous waste and substance management including the issuance
of hazardous waste treatment, storage, or disposal facility
permits; hazardous waste sites and facilities; disposal
of hazardous waste on land; permit requirements for owners
and operators of an infectious medical waste collection
or transportation operation; and pesticide and fertilizer
contaminated sites. The bill makes necessary conforming
amendments.
The bill provides that, beginning July 1, 2011, a new site
shall not be placed on the registry of confirmed hazardous
waste or hazardous substance disposal sites. The bill provides
that a site placed on the registry of confirmed hazardous
substance or hazardous disposal sites prior to July 1, 2011,
shall be removed upon the execution of a uniform environmental
covenant or through the proper closure of the site. The bill
provides that if no sites remain listed on the registry of
confirmed hazardous waste or hazardous disposal sites, the
department of natural resources shall recommend to the general
assembly the repeal of Code sections 455B.426 through 455B.432,
relating to the registry.
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