Bill Text: IA SSB3096 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A study bill for an act relating to requirements for recycling facilities and making penalties applicable.
Spectrum: Unknown
Status: (N/A - Dead) 2014-01-23 - In Commerce [SSB3096 Detail]
Download: Iowa-2013-SSB3096-Introduced.html
Senate
Study
Bill
3096
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
COMMERCE
BILL
BY
CHAIRPERSON
McCOY)
A
BILL
FOR
An
Act
relating
to
requirements
for
recycling
facilities
and
1
making
penalties
applicable.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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5229XC
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_____
Section
1.
NEW
SECTION
.
455D.8A
Recycling
facilities
——
1
financial
assurance
——
disposal
of
and
records
of
materials
2
accumulated.
3
1.
The
owner
of
a
facility
engaged
in
recycling
shall
4
maintain
a
financial
assurance
instrument
in
an
amount
that
5
equals
or
exceeds
the
cost
for
the
removal
and
disposal
of
6
all
materials
accumulated
on
the
property
of
the
facility
and
7
provides
for
closure
of
the
facility.
Upon
the
closure
of
the
8
facility,
any
materials
remaining
on
the
property
shall
be
9
disposed
of
at
a
sanitary
landfill.
The
financial
assurance
10
instrument
shall
be
one
of
the
options
listed
in
section
11
455B.301,
subsection
9,
paragraph
“c”
.
12
2.
For
purposes
of
this
section,
a
recycling
facility
does
13
not
include
any
of
the
following:
14
a.
A
facility
accepting
only
automobiles,
discarded
15
appliances,
scrap
metal,
or
materials
incidental
to
metal
16
recycling.
17
b.
A
facility
accepting
discarded
appliances
which
have
not
18
been
previously
dismantled
for
the
removal
of
refrigerants,
19
polychlorinated
biphenyl,
mercury,
or
other
hazardous
materials
20
which
may
be
subject
to
financial
assurance
requirements
which
21
are
limited
to
the
discarded
appliance
dismantling
portion
of
22
the
facility’s
activities.
23
c.
A
facility
engaged
in
the
handling
or
processing
of
24
beverage
containers
collected
pursuant
to
chapter
455C.
25
d.
A
facility
that
recycles
its
own
materials
for
on-site
26
reuse.
27
e.
A
waste
tire
collection
or
processing
site
that
is
28
required
to
maintain
financial
assurance
pursuant
to
section
29
455D.11A.
30
f.
A
facility
that
only
accepts
paper,
glass,
plastic,
or
31
metal
either
individually
or
commingled.
32
3.
A
recycling
facility
shall
maintain
records
of
materials
33
accepted
and
transported
off
site
for
reuse
in
order
to
34
accurately
reflect
the
amount
of
materials
accumulated
on
the
35
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property
of
the
facility
at
all
times.
The
facility
shall
1
make
a
copy
of
these
records
available
for
inspection
by
the
2
department.
3
4.
If
at
any
time
a
recycling
facility
exceeds
the
amount
4
of
materials
upon
which
the
amount
of
the
financial
assurance
5
instrument
is
based,
the
facility
shall
cease
accepting
6
additional
materials
until
either
the
amount
of
financial
7
assurance
is
increased
or
the
amount
of
the
material
is
reduced
8
to
the
financial
assurance
limits.
9
Sec.
2.
Section
455D.22,
Code
2014,
is
amended
to
read
as
10
follows:
11
455D.22
Civil
penalty.
12
A
person
who
violates
section
455D.6,
subsection
4
,
section
13
455D.8A,
455D.11
,
455D.11A
,
455D.11B
,
455D.11I
,
or
455D.19
,
14
or
any
rule,
permit,
or
order
issued
pursuant
thereto
shall
15
be
subject
to
a
civil
penalty
which
shall
be
established,
16
assessed,
and
collected
in
the
same
manner
as
provided
in
17
section
455B.109
.
Any
civil
penalty
collected
shall
be
18
deposited
in
the
general
fund
of
the
state.
19
Sec.
3.
Section
455D.25,
subsection
2,
Code
2014,
is
amended
20
to
read
as
follows:
21
2.
Any
person
who
violates
section
455D.8A,
455D.10A
,
22
455D.11
,
455D.11A
,
455D.11B
,
455D.11I
,
or
455D.19
,
or
any
order
23
or
permit
issued
or
rule
adopted
pursuant
to
section
455D.6,
24
subsection
4
,
section
455D.8A,
455D.10A
,
455D.11
,
455D.11A
,
25
455D.11B
,
455D.11I
,
or
455D.19
,
shall
be
subject
to
a
civil
26
penalty,
not
to
exceed
ten
thousand
dollars
for
each
day
of
27
such
violation.
28
EXPLANATION
29
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
30
the
explanation’s
substance
by
the
members
of
the
general
assembly.
31
This
bill
relates
to
requirements
for
recycling
facilities.
32
The
bill
requires
the
owner
of
a
facility
engaged
in
33
recycling
to
maintain
a
financial
assurance
instrument
in
34
an
amount
that
equals
or
exceeds
the
cost
for
the
removal
35
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and
disposal
of
all
materials
accumulated
on
the
property
of
1
the
facility
and
provides
for
closure
of
the
facility.
Upon
2
closure
of
a
facility,
any
materials
remaining
on
the
property
3
shall
be
disposed
of
at
a
sanitary
landfill.
4
The
bill
lists
types
of
facilities
that
are
not
included
5
in
the
financial
assurance
requirements
and
includes
record
6
keeping
requirements.
7
The
bill
provides
that
a
facility
violating
the
financial
8
assurance
requirements
is
subject
to
a
civil
penalty,
not
to
9
exceed
$10,000
for
each
day
of
such
violation.
10
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