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

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-Amended.html

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Senate File 299 - Reprinted
SENATE FILE 299
BY COMMITTEE ON NATURAL
RESOURCES AND ENVIRONMENT
(SUCCESSOR TO SSB 1046)
(As Amended and Passed by the Senate March 7, 2011 )
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 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. 3. Section 455B.411, subsections 5 through 11, Code
2011, are amended by striking the subsections.
Sec. 4. 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
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hazardous substance disposal sites, the director may enter
private property and perform tests and analyses in the manner
provided in section 455B.416 .
Sec. 5. 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
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. 6. Section 455D.15, subsection 3, paragraph a, Code
2011, is amended by striking the paragraph.
Sec. 7. 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 ;
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and groundwater protection in chapter 455E .
Sec. 8. 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
managed in accordance with rules adopted by the department of
natural resources.
Sec. 9. 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. 10. 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.
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Sec. 11. REPEAL. Section 455D.8, Code 2011, is repealed.
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