455B.304 Rules established.
1. The commission shall establish rules for the proper administration of this part 1 of subchapter IV which shall reflect and accommodate as far as is reasonably possible the current and generally accepted methods and techniques for treatment and disposition of solid waste which will serve the purposes of this part, and which shall take into consideration the factors, including others which it deems proper, such as existing physical conditions, topography, soils and geology, climate, transportation, and land use, and which shall include but are not limited to rules relating to the establishment and location of sanitary disposal projects, sanitary practices, inspection of sanitary disposal projects, collection of solid waste, disposal of solid waste, pollution controls, the issuance of permits, approved methods of private disposition of solid waste, the general operation and maintenance of sanitary disposal projects, and the implementation of this part.
2. The commission shall adopt rules that allow the use of wet or dry sludge from publicly owned treatment works for land application. A sale of wet or dry sludge for the purpose of land application shall be accompanied by a written agreement signed by both parties which contains a general analysis of the contents of the sludge. The heavy metal content of the sludge shall not exceed that allowed by rules of the commission. An owner of a publicly owned treatment works which sells wet or dry sludge is not subject to any action by the purchaser to recover damages for harm to person or property caused by sludge that is delivered pursuant to a sale unless it is a result of a violation of the written agreement or if the heavy metal content of the sludge exceeds that allowed by rules of the commission. Nothing in this section shall provide immunity to any person from action by the department pursuant to section 455B.307.
3. The commission shall adopt rules prohibiting the disposal of uncontained liquid waste in a sanitary landfill. The rules shall prohibit land burial or disposal by land application of wet sewer sludge at a sanitary landfill.
4. The commission shall adopt rules requiring that each sanitary disposal project established pursuant to section 455B.302 and permitted pursuant to section 455B.305 install and maintain a sufficient number of groundwater monitoring wells to adequately determine the quality of the groundwater and the impact the sanitary disposal project, if any, is having on the groundwater adjacent to the sanitary disposal project site.
5. The commission shall adopt rules requiring a schedule of monitoring of the quality of groundwater adjacent to the sanitary disposal project from the groundwater monitoring wells installed in accordance with this section during the period the sanitary disposal project is in use. Schedules of monitoring may be varied in consideration of the types of sanitary disposal practices, hydrologic and geologic conditions, construction and operation characteristics, and volumes and types of wastes handled at the sanitary disposal project site.
6. The commission shall, by rule, require continued monitoring of groundwater pursuant to this section for a period of thirty years after the sanitary disposal project is closed. The commission may prescribe a lesser period of monitoring duration and frequency in consideration of the potential or lack thereof for groundwater contamination from the sanitary disposal project. The commission may extend the thirty-year monitoring period on a site-specific basis by adopting rules specifically addressing additional monitoring requirements for each sanitary disposal project for which the monitoring period is to be extended.
7. The commission shall adopt rules which may require the installation of shafts to relieve the accumulation of gas in a sanitary disposal project.
8. The commission shall adopt rules which establish closure, postclosure, leachate control and treatment, and financial assurance standards and requirements and which establish minimum levels of financial responsibility for sanitary disposal projects.
9. The commission shall adopt rules which establish the minimum distance between tiling lines and a sanitary landfill in order to assure no adverse effect on the groundwater.
10. The commission shall adopt rules for the distribution of grants to cities, counties, central planning agencies, and public or private agencies working in cooperation with cities or counties, for the purpose of solid waste management. The rules shall base the awarding of grants on a project’s reflection of the solid waste management policy and hierarchy established in section 455B.301A, the proposed amount of local matching funds, and community need.
11. A sanitary landfill disposal project operating with a permit shall have a trained, tested, and certified operator. The department shall adopt by rule a certification program.
12. The commission shall adopt rules for the certification of operators of solid waste incinerators. The criteria for certification shall include, but is not limited to, an operator’s technical competency and operation and maintenance of solid waste incinerators.
13. Notwithstanding the provisions of this chapter regarding the requirement of the equipping of a sanitary landfill with a leachate control system and the establishment and continuation of a postclosure account, the department shall adopt rules which provide for an exemption from the requirements to equip a publicly owned sanitary landfill with a leachate control system and to establish and maintain a postclosure account if the sanitary landfill operator is a public agency, if the sanitary landfill has closed or will close by July 1, 1992, and will no longer accept waste for disposal after that date, and if at the time of closure of the sanitary landfill monitoring of the groundwater does not reveal the presence of leachate. The department shall require postclosure groundwater monitoring and shall establish the requirements for the implementation of leachate collection and control in cases in which leachate is found during postclosure monitoring. The department shall provide for a closure completion period following the date of closure of a sanitary landfill. Notwithstanding the provisions of this paragraph, the public agency shall retain financial responsibility for closure and postclosure requirements applicable to sanitary disposal projects.
14. The commission shall adopt rules providing for the land application of soils resulting from the remediation of underground storage tank releases in the state.
15. The commission shall adopt rules which require all sanitary disposal projects in which the tonnage fee pursuant to section 455B.310 is imposed, to install scales and utilize these scales to calculate payment of the tonnage fee.
16. The commission shall adopt rules which prohibit the land application of petroleum contaminated soils on floodplains.
17. The commission shall adopt rules to establish a special waste authorization program. For purposes of this subsection, “special waste” means any industrial process waste, pollution control waste, or toxic waste which presents a threat to human health or the environment or a waste with inherent properties which make the disposal of the waste in a sanitary landfill difficult to manage. Special waste does not include domestic, office, commercial, medical, or industrial waste that does not require special handling or limitations on its disposal. Special waste does not include hazardous wastes which are regulated under the federal Resource Conservation and Recovery Act, 42 U.S.C. §6921 – 6934, nor does it include hazardous waste as defined in section 455B.411, except to the extent that the commission has adopted rules allowing the disposal of certain wastes.
18. The commission shall adopt rules for the issuance of a single general permit, after notice and opportunity for a public hearing. The single general permit shall cover numerous facilities to the extent that they are representative of a class of facilities which can be identified and conditioned by a single permit.
19. The commission shall adopt rules for determining when the utilization of a solid by-product, including energy recovery, constitutes beneficial use rather than the disposal of solid waste. Materials approved for beneficial use at a sanitary landfill shall be exempt from the tonnage fee imposed by section 455B.310 to the extent authorized by rule or permit.
[C71, §406.5; C73, 75, 77, 79, 81, §455B.78; 82 Acts, ch 1112, §1, 2]
C83, §455B.304
85 Acts, ch 58, §1; 86 Acts, ch 1174, §1 – 3; 87 Acts, ch 225, §406 – 408; 89 Acts, ch 272, §29; 90 Acts, ch 1235, §16; 90 Acts, ch 1255, §27; 90 Acts, ch 1260, §25; 92 Acts, ch 1215, §5; 94 Acts, ch 1177, §2; 95 Acts, ch 61, §2; 95 Acts, ch 215, §3; 97 Acts, ch 137, §7; 98 Acts, ch 1193, §1; 2006 Acts, ch 1014, §3; 2008 Acts, ch 1118, §2, 3; 2021 Acts, ch 76, §150
Referred to in §455B.172, 455B.301
Code editor directive applied
Structure Iowa Code
Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES
Section 455B.101 - Definitions.
Section 455B.103 - Director’s duties.
Section 455B.103A - General permits — storm water discharge — air contaminant sources.
Section 455B.104 - Departmental duties.
Section 455B.105 - Powers and duties of the commission.
Section 455B.107 - Warrants by director of department of administrative services.
Section 455B.108 - Office facilities.
Section 455B.109 - Schedule of civil penalties — violations.
Section 455B.110 - Administrative appeal orders — deadline.
Section 455B.111 - Citizen actions.
Section 455B.112 - Actions by attorney general.
Section 455B.112A - Environmental crimes investigation and prosecution fund.
Section 455B.113 - Certification of laboratories.
Section 455B.114 - Laboratory certificates.
Section 455B.115 - Analysis by certified laboratory required.
Section 455B.116 - Pollution hotline program.
Section 455B.117 - Results of environmental tests — public records.
Section 455B.131 - Definitions.
Section 455B.132 - Executive agency.
Section 455B.133B - Air contaminant source fund created — fees and appropriations.
Section 455B.133C - Air quality fund — fees and appropriations.
Section 455B.134 - Director — duties — limitations.
Section 455B.135 - Limit on authority.
Section 455B.136 - Assistance on demand.
Section 455B.137 - Privileged information.
Section 455B.138 - Resolution of violations — appeal.
Section 455B.139 - Emergency orders.
Section 455B.140 - Judicial review.
Section 455B.141 - Legal action.
Section 455B.142 - Burden of proof.
Section 455B.144 - Local control program.
Section 455B.145 - Acceptance of local program.
Section 455B.146 - Civil action for compliance — local program actions.
Section 455B.146A - Criminal action — penalties.
Section 455B.147 - Failure — procedure.
Section 455B.149 - Energy or economic emergency.
Section 455B.150 - Compliance advisory panel — creation.
Section 455B.151 - Compliance advisory panel — powers and duties.
Section 455B.152 - Greenhouse gas inventory and registry.
Section 455B.164 - Distance measurements.
Section 455B.171 - Definitions.
Section 455B.172 - Jurisdiction of department and local boards.
Section 455B.172A - On-farm processing operations.
Section 455B.174 - Director’s duties.
Section 455B.175 - Violations.
Section 455B.176 - Criteria considered.
Section 455B.176A - Water quality standards.
Section 455B.177 - Declaration of policy.
Section 455B.178 - Judicial review.
Section 455B.179 - Trade secrets protected.
Section 455B.180 - Stay order.
Section 455B.181 - Variances and exemptions.
Section 455B.182 - Failure constitutes contempt.
Section 455B.183 - Written permits required.
Section 455B.183A - Water quality protection fund.
Section 455B.183B - Program to assist supply systems.
Section 455B.183C - Personnel — department of management.
Section 455B.184 - Disposal system plans.
Section 455B.185 - Data from departments.
Section 455B.186 - Prohibited actions.
Section 455B.187 - Water well construction.
Section 455B.188 - Provision for emergency replacement of water wells.
Section 455B.190 - Abandoned wells properly plugged.
Section 455B.190A - Well contractor certification program.
Section 455B.191 - Penalties — burden of proof.
Section 455B.192 - Local government — penalties.
Section 455B.193 - Qualifications for collection of credible data.
Section 455B.194 - Credible data required.
Section 455B.195 - Use or analysis of credible data.
Section 455B.196 - National pollutant discharge elimination system permit fund.
Section 455B.197 - National pollutant discharge elimination system permits.
Section 455B.198 - Wastewater discharge from well drilling sites — rules.
Section 455B.199 - Water resource restoration sponsor program.
Section 455B.199A - Prioritization of municipal water quality improvement projects.
Section 455B.199B - Disadvantaged communities variance.
Section 455B.199C - Alternative wastewater treatment technologies — legislative intent and purpose.
Section 455B.199D - At-risk utility systems.
Section 455B.211 - Definitions.
Section 455B.212 - Director’s duties.
Section 455B.213 - Certification of operators.
Section 455B.216 - Examinations.
Section 455B.217 - Operator’s certificate.
Section 455B.218 - Duration of certificates — fee — renewal.
Section 455B.219 - Revocation or suspension.
Section 455B.220 - Certificate without examination.
Section 455B.221 - Certification and examination fees.
Section 455B.223 - Competent operator required.
Section 455B.224 - Simple misdemeanor.
Section 455B.242 - Grants of assistance.
Section 455B.243 - Acceptance of grants.
Section 455B.246 - Review of contracts by attorney general.
Section 455B.261 - Definitions.
Section 455B.262 - Declaration of policy and planning requirements.
Section 455B.262A - National flood insurance program — participation required.
Section 455B.262B - Cooperation with the state geologist.
Section 455B.264 - Jurisdiction — water and floodplains.
Section 455B.265 - Permits for diversion, storage, and withdrawal — fees authorized.
Section 455B.265A - Water use permit fund — appropriation.
Section 455B.266 - Priority allocation.
Section 455B.267 - Permits for beneficial use — prohibitions.
Section 455B.268 - When permit required.
Section 455B.269 - Taking water prohibited.
Section 455B.270 - Rights preserved.
Section 455B.271 - Modification or cancellation of permits.
Section 455B.272 - Termination of permit.
Section 455B.273 - Disposal of permit.
Section 455B.274 - Unauthorized depleting uses.
Section 455B.275 - Prohibited acts — powers of commission and executive director.
Section 455B.276 - Floodplains — encroachment limits.
Section 455B.277 - Flood control works coordinated.
Section 455B.278 - Permit application procedures.
Section 455B.281 - Compensation for well interference.
Section 455B.282 - County and city control of junkyards.
Section 455B.291 - Definitions.
Section 455B.295 - Funds and accounts.
Section 455B.296 - Intended use plans — capitalization grants — accounting.
Section 455B.297 - Loans to eligible entities.
Section 455B.298 - Powers and duties of the director.
Section 455B.299 - Adoption of rules.
Section 455B.301 - Definitions.
Section 455B.301A - Declaration of policy.
Section 455B.302 - Duty of cities and counties — agreements — liens.
Section 455B.303 - Administrator’s duties.
Section 455B.304 - Rules established.
Section 455B.305 - Issuance or renewal of permits by director.
Section 455B.305A - Local approval of sanitary landfill and infectious waste incinerator projects.
Section 455B.305B - Pyrolysis or gasification material ownership.
Section 455B.306 - Plans filed.
Section 455B.306A - Annexation of territory — expansion of services.
Section 455B.307 - Dumping — where prohibited — penalty.
Section 455B.307A - Discarding of solid waste — prohibitions — penalty.
Section 455B.307B - Illegal dumping enforcement officer.
Section 455B.308 - Appeal from order.
Section 455B.310 - Tonnage fee imposed — appropriations — exemptions.
Section 455B.312 - Waste abatement program.
Section 455B.313 - Beverage container connectors — prohibition.
Section 455B.314 - Incineration at sanitary disposal projects.
Section 455B.315 - Radioactive materials — prohibited deposit in sanitary landfills.
Section 455B.331 - Definitions.
Section 455B.334 - Waste disposal site.
Section 455B.335 - Director’s duties.
Section 455B.336 - Notice to violators.
Section 455B.337 - Emergency action.
Section 455B.338 - Judicial review.
Section 455B.339 - Injunction.
Section 455B.361 - Definitions.
Section 455B.362 - Director’s duties.
Section 455B.381 - Definitions.
Section 455B.382 - Administrative agency.
Section 455B.383 - Powers and duties of department.
Section 455B.384 - Powers and duties of the executive director.
Section 455B.385 - State hazardous condition contingency plan.
Section 455B.386 - Notification of spills — penalty.
Section 455B.387 - Removal of hazardous substances.
Section 455B.388 - Injunctions and emergency orders.
Section 455B.389 - Judicial review.
Section 455B.390 - Jurisdiction limited.
Section 455B.391 - Duties of attorney general.
Section 455B.392 - Liability for cleanup costs.
Section 455B.393 - Liability of state employees or persons providing assistance.
Section 455B.394 - Right of entry.
Section 455B.395 - Public information.
Section 455B.396 - Claim of state.
Section 455B.397 - Financial disclosure.
Section 455B.399 - Cleanup assistance — liability.
Section 455B.411 - Definitions.
Section 455B.412 - Duties of the department.
Section 455B.413 - Director’s duties.
Section 455B.414 - Hazardous waste notification.
Section 455B.415 - Permit required.
Section 455B.416 - Inspections.
Section 455B.417 - Prohibited acts — penalties.
Section 455B.418 - Enforcement.
Section 455B.419 - Agricultural chemicals.
Section 455B.421 - Judicial review.
Section 455B.423 - Hazardous substance remedial fund.
Section 455B.424 - Hazardous waste fees.
Section 455B.425 - Annual report on hazardous substance remedial fund.
Section 455B.426 - Registry of hazardous waste or hazardous substance disposal sites.
Section 455B.427 - Annual report on hazardous waste or hazardous substance disposal sites.
Section 455B.428 - Investigation of sites.
Section 455B.429 - Notification to owners — appeals.
Section 455B.430 - Use and transfer of sites — penalty — financial disclosure.
Section 455B.431 - Recording of site designation.
Section 455B.433 - Physical infrastructure assistance — funding — liability.
Section 455B.441 - Purpose and guidelines.
Section 455B.442 - Definitions.
Section 455B.443 - License required.
Section 455B.444 - Temporary members appointed.
Section 455B.445 - Notification requirements.
Section 455B.446 - Proceeding.
Section 455B.447 - Proceeding — role of regulatory agencies.
Section 455B.448 - Decision by commission.
Section 455B.449 - Issuance of license — effect.
Section 455B.450 - Cost of proceedings.
Section 455B.451 - Further approvals prohibited — exception.
Section 455B.452 - Single hearing — judicial review.
Section 455B.455 - Surcharge imposed.
Section 455B.461 - Definitions.
Section 455B.462 - Limitations on land disposal of hazardous waste.
Section 455B.463 - Dilution of hazardous waste.
Section 455B.464 - Additional hazardous or restricted waste listed.
Section 455B.465 - Well injection prohibited.
Section 455B.466 - Civil penalties.
Section 455B.467 - Emergency variance.
Section 455B.468 - Coordination with existing reporting and permitting requirements.
Section 455B.471 - Definitions.
Section 455B.472 - Declaration of policy.
Section 455B.473 - Report of existing and new tanks — fee.
Section 455B.473A - Petroleum underground storage tank registration amnesty program.
Section 455B.474 - Duties of commission — rules.
Section 455B.474A - Rules consistent with federal regulations.
Section 455B.475 - Duties and powers of the director.
Section 455B.476 - Violations — orders.
Section 455B.477 - Penalties — burden of proof.
Section 455B.478 - Judicial review.
Section 455B.479 - Storage tank management fee.
Section 455B.480 - Short title.
Section 455B.481 - Waste management policy.
Section 455B.482 - Definitions.
Section 455B.483 - Waste management assistance.
Section 455B.484 - Duties of the department.
Section 455B.484A - Confidentiality for assistance programs.
Section 455B.485 - Powers and duties of the commission.
Section 455B.486 - Facility siting.
Section 455B.487 - Facility acquisition and operation.
Section 455B.488 - Household hazardous waste collection and disposition.
Section 455B.491 - Restrictions on use of agricultural chemicals.
Section 455B.501 - Regulation of infectious waste.
Section 455B.502 - Infectious medical waste incinerators — regents universities — requirements.
Section 455B.503 - Infectious waste treatment and disposal facilities — permits required — rules.
Section 455B.601 - Pesticide and fertilizer contaminated sites — prioritization of cleanup.
Section 455B.602 - Definitions.
Section 455B.701 - Oil spill immunity.
Section 455B.751 - Definitions.
Section 455B.752 - Immunity from third-party liability.
Section 455B.753 - Access to property.
Section 455B.754 - Legal responsibility.
Section 455B.801 - Short title.
Section 455B.802 - Definitions.
Section 455B.803 - Plans for removal, collection, and recovery of vehicle mercury-added switches.
Section 455B.804 - Prohibition and proper management of mercury-added vehicle switches.
Section 455B.805 - General compliance with other provisions.
Section 455B.806 - Regulations.
Section 455B.807 - Public notification.