455B.502
455B.502 Repealed by 99 Acts, ch 46, § 3. StartOfSec455B.503 INFECTIOUS WASTE TREATMENT AND DISPOSAL FACILITIES -- PERMITS REQUIRED -- RULES. The commission shall adopt rules which require a person who owns or operates an infectious waste treatment or disposal facility to obtain an operating permit before initial operation of the facility. The rules shall specify the information required to be submitted with the application for a permit and the conditions under which a permit may be issued, suspended, modified, revoked, or renewed. The rules shall address but are not limited to the areas of operator safety, recordkeeping and tracking procedures, best available appropriate technologies, emergency response and remedial action procedures, waste minimization procedures, and long-term liability. The department shall not grant permits for the construction or operation of a commercial infectious waste treatment or disposal facility until the commission has adopted the required rules.
Section History: Recent Form 91 Acts, ch 242, § 4; 92 Acts, ch 1182, § 4; 93 Acts, ch 103, §1; 99 Acts, ch 46, §2 StartOfSec455B.504 COLLECTION AND TRANSPORTATION OF INFECTIOUS MEDICAL WASTE -- PERMITS REQUIRED -- RULES. The commission shall adopt rules which require a person who owns or operates an infectious medical waste collection or transportation operation to obtain an operating permit prior to initial operation. The rules shall address but are not limited to the areas of operator safety, recordkeeping and tracking procedures, best available appropriate technologies, emergency response and remedial action procedures, waste minimization procedures, and long-term liability.
Section History: Recent Form 91 Acts, ch 242, §5 StartOfSec455B.505 INFECTIOUS WASTE TREATMENT AND DISPOSAL FACILITIES -- NATIONAL REGISTER OF HISTORIC PLACES. The department of natural resources shall not grant a permit for the construction or operation of a commercial infectious waste treatment or disposal facility within one mile of a site or building which has been placed on the national register of historic places. This section does not apply to hospitals, health care facilities licensed pursuant to chapter 135C, physicians' offices or clinics, and other health service-related entities.
Section History: Recent Form 91 Acts, ch 242, §6 StartOfSec455B.506 THROUGH 455B.515 Reserved. StartOfSec455B.516 DEFINITIONS. As used in this division, unless the context otherwise requires: 1. "Commission" means the environmental protection commission established pursuant to section 455A.6. 2. "Department" means the department of natural resources created pursuant to section 455A.2. 3. "Emergency Planning and Community Right-to-know Act" or "EPCRA" means the federal Emergency Planning and Community Right-to-know Act as defined in section 30.1. 4. "Environmental waste" means a pollutant, waste, or release regardless of the type or existence of regulation and regardless of the media affected by the pollutant, waste, or release. 5. "Existing toxics user" means a toxics user installation or source constructed prior to July 1, 1991. 6. "Multimedia" means any combination of air, water, land, or workplace environments into which toxic substances or wastes are released. 7. "Release" means emission, discharge, or disposal into any environmental media including air, water, or land. 8. "Toxics" means toxic substances. 9. "Toxics pollution prevention" means employment of a practice which reduces the industrial use of toxic substances or reduces the environmental and health hazards associated with an environmental waste without diluting or concentrating the waste before the release, handling, storage, transport, treatment, or disposal of the waste. The term includes toxics pollution prevention techniques but does not include a practice which is applied to an environmental waste after the waste is generated or comes into existence on or after the waste exits a production or commercial operation. "Toxics pollution prevention" does not include, promote, or require any of the following: a. Waste burning in industrial furnaces, boilers, smelters, or cement kilns for the purpose of energy recovery. b. The transfer of an environmental waste from one environmental medium to another environmental medium, the workplace environment, or a product. c. Off-site waste recycling. d. Any other method of end-of-pipe management of environmental wastes including waste exchange and the incorporation or embedding of regulated environmental wastes into products or by-products. 10. "Toxics pollution prevention techniques" means any of the following practices by a toxics user: a. Input substitution, which refers to replacing a toxic substance or raw material used in a production process with a nontoxic or less toxic substance. b. Product reformulation, which refers to substituting for an existing end product an end product which is nontoxic or less toxic upon use or release. c. Production process redesign or modification, which refers to developing and using production processes of a different design other than those currently in use. d. Production process modernization, which refers to upgrading or replacing existing production process equipment or methods with other equipment or methods based on the same production process. e. Improved operation and maintenance of existing production process equipment and methods, which refers to modifying or adding to existing equipment or methods, including but not limited to, such techniques as improved housekeeping practices, system adjustments, product and process inspections, and production process control equipment or methods. f. Recycling, reuse, or extended use of toxic substances by using equipment or methods which become an integral part of the production process. 11. "Toxic substance" means any chemical substance in a gaseous, liquid, or solid state which is identified as a reportable substance under the federal Resource Conservation and Recovery Act, EPCRA, or defined as a hazardous air pollutant under the Clean Air Act of 1990. However, "toxic substance" does not include a chemical substance present in the article; used as a structural component of a facility; present in a product used for routine janitorial or facility grounds maintenance; present in foods, drugs, cosmetics, or other personal items used by employees or other persons at a toxics user facility; present in process water or noncontact cooling water as drawn from the environment or from municipal sources; present in air used either as compressed air or as part of combustion; present in a pesticide or herbicide when used in agricultural applications; or present in crude, fuel, or lube oils for direct wholesale or retail sale. 12. "Toxics user" means a large quantity generator as defined pursuant to the federal Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq. or a person required to report pursuant to Title III of the federal Superfund Amendments and Reauthorization Act of 1986. 13. "Waste exchange" means a method of end-of-pipe management of environmental wastes that involves the transfer of environmental wastes between businesses or facilities owned or operated by the same business for recovery or to serve a productive purpose.
Section History: Recent Form 91 Acts, ch 255, § 3; 92 Acts, ch 1239, § 21; 2001 Acts, ch 7, §11; 2002 Acts, ch 1162, §55 StartOfSec455B.517 DUTIES OF DEPARTMENT. The department shall do all of the following: 1. Establish the criteria for the development of the toxics pollution prevention program. 2. Develop and implement a toxics pollution prevention program. 3. Assist toxics users in the completion of toxics pollution prevention plans and inventories, and provide technical assistance as requested by the toxics user. 4. Seek, receive, and accept funds in the form of appropriations, grants, awards, wills, bequests, endowments, and gifts for the uses designated pursuant to section 455B.133B. The department shall also coordinate existing resources and oversee the disbursement of federal grant moneys to provide consistency in achieving the toxics pollution prevention goal of the state. 5. Develop and implement guidelines regarding assistance to toxics users to ensure that the plans are multimedia in approach and are not duplicated by the department or other agencies of the state. 6. Identify obstacles to the promotion, within the toxics user community, of toxics pollution prevention techniques and practices. 7. Compile an assessment inventory, through solicitation of recommendations of toxics users and owners and operators of air contaminant sources, of the informational and technical assistance needs of toxics users and air contaminant sources. 8. Function as a repository of research, data, and information regarding toxics pollution prevention activities throughout the state. 9. Provide a forum for public discussion and deliberation regarding toxic substances and toxics pollution prevention. 10. Promote increased coordination between the department, the Iowa waste reduction center at the university of northern Iowa, and other departments, agencies, and institutions with responsibilities relating to toxic substances. 11. Coordinate state and federal efforts of clearinghouses established to provide access to toxics reduction and management data for the use of toxics users. 12. Make recommendations to the general assembly by January 1, 1992, regarding a funding structure for the long- term implementation and continuation of a toxics pollution prevention program. 13. Work with the Iowa waste reduction center at the university of northern Iowa to assist small business toxics users with plan preparation and technical assistance.
Section History: Recent Form 91 Acts, ch 255, § 4; 92 Acts, ch 1239, § 21; 95 Acts, ch 26, §3; 2001 Acts, ch 7, §12; 2002 Acts, ch 1162, §56, 57 StartOfSec455B.518 TOXICS POLLUTION PREVENTION PLANS. 1. A toxics user required to report under section 313 of EPCRA, 42 U.S.C. § 11023, or a large quantity generator, as defined pursuant to the federal Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq., shall be encouraged to develop a facility-wide multimedia toxics pollution prevention plan, as described pursuant to this section. 2. The department shall adopt criteria for the information required in a multimedia toxics pollution prevention plan. To the extent possible, the plans shall coordinate reporting requirements in order to minimize unnecessary duplication. The plans shall include, but are not limited to, all of the following: a. A policy statement which articulates upper management and corporate support for the toxics pollution prevention plan and its implementation. b. The identification and quantities of toxic substances used and released by groups of related production processes or by processes used in producing an identifiable product. c. An assessment of the applicability of the approaches designated as toxics pollution prevention techniques including the following: input substitution; production reformulation; production process redesign or modification; production process modernization; improved operation and maintenance of existing production process equipment and methods; and recycling, reuse, or extended use of toxic substances, to the toxics users' production processes as identified in paragraph "b". d. A description of current and previous techniques used to reduce or eliminate toxics used or released. e. An economic analysis of the proposed toxics pollution prevention plan. The economic analysis shall also include an evaluation of the impact upon the toxics user's existing labor force by division or department, and the projected impact upon future expansion of the toxics user's labor force. f. A clear statement listing specific reduction objectives. g. A method for employees of a toxics user to provide input and to be involved in the development of the plans. If the employees are represented by a labor union, organization, or association, a representative of the union, organization, or association shall be included in the development of the plans. 3. The plans developed under this section shall not promote the use of pollution control or waste management approaches that address waste or pollution after the creation of the waste or pollution. 4. A toxics pollution prevention plan developed under this section shall be reviewed by the department for completeness, adequacy, and accuracy. 5. A toxics user shall maintain a copy of the plan on the premises, and shall submit a summary of the plan to the department.
Section History: Recent Form 91 Acts, ch 255, § 5; 92 Acts, ch 1239, § 21; 2002 Acts, ch 1162, §58; 2003 Acts, ch 108, §77 StartOfSec455B.519 THROUGH 455B.600 Reserved. StartOfSec455B.601 PESTICIDE AND FERTILIZER CONTAMINATED SITES -- PRIORITIZATION OF CLEANUP. 1. The commission shall adopt rules to establish criteria for the classification and prioritization of sites upon which contamination has been discovered. a. A contaminated site shall be classified as either high, medium, or low priority. (1) A site shall be considered high priority under any of the following conditions: (a) Groundwater contamination exceeds action levels and is affecting or likely to affect groundwater used as a drinking water source. (b) Contamination is affecting or likely to affect surface water bodies to a level which exceeds surface water quality standards under section 455B.173. (c) Contamination is discovered in an ecologically sensitive area. An ecologically sensitive area is one which is designated by the department. (2) A site shall be considered medium priority if contamination of groundwater exceeds action levels, but does not meet the criteria for classification as a high priority site. (3) A site shall be considered low priority under any of the following conditions: (a) If soil contamination exists at the site, but no groundwater contamination exists at the site. (b) If soil contamination exists and groundwater contamination has been discovered, but is below action levels. (4) A site shall be reclassified as a site with a higher or lower classification when the site falls within a higher or lower classification as established under this paragraph. b. An initial site plan shall be developed by the responsible person and approved by the department for each site upon which contamination has been discovered. The site plan shall include all of the following: (1) A determination as to the extent of the existing soil, groundwater, or surface water contamination. (2) The proximity of the contamination and the likelihood that the contamination will affect a drinking water well. (3) The characteristics of the site and the potential for migration of the contamination. (4) A recommendation as to whether the site should be classified as a high, medium, or low priority site. (5) If a site is classified as a high or medium priority site, further investigation shall be conducted to determine the extent of the remediation which should be conducted on the site. c. A responsible person shall remediate a contaminated site according to standards established by rules adopted pursuant to chapter 17A. Remediation for high, medium, or low priority sites shall be administered in accordance with the following: (1) Soils and groundwaters on a high priority site shall be subject to active cleanup, where technically feasible, until such time as the groundwater contamination levels are below action levels. (2) Remediation on a medium priority site shall include either monitoring or active or passive site cleanup as determined by the department on a site-by-site basis based upon the findings of the site plan. Remediation on a medium priority site shall include at least that which would be required on a low priority site. (3) (a) Active site cleanup for soil shall be required on a low priority site if remediation would be more practical and cost-effective than monitoring. (b) If active site cleanup for soil on a low priority site is undertaken, no further action shall be required on the site. (c) If active site remediation for soil is not undertaken on a low priority site, the site shall be monitored, for a specified period of time as determined by the department. 2. This section is applicable to a site upon which contamination has been discovered, unless one of the following applies: a. Remediation on the site has already been approved by the department and implemented. b. A responsible person has executed a remediation agreement with the agrichemical remediation board and the responsible person is remediating or has remediated the site pursuant to a plan of remediation as provided in chapter 161. 3. Application of contaminated groundwaters and soils on land upon which the contaminants have been applied in accordance with department rules shall not exceed a level which would preclude the resumption of normal farming practices within a two-year period. 4. This section does not affect the ability of the department or the United States environmental protection agency to require monitoring or remediation on sites that are placed on the national priorities list pursuant to the federal Comprehensive Environmental Response, Compensation and Liability Act.
Section History: Recent Form 92 Acts, ch 1239, § 48; 2000 Acts, ch 1184, §11--13; 2002 Acts, ch 1119, §175 Referred to in § 161.5 Classification and prioritization of sites by department of agriculture and land stewardship; §161.6 StartOfSec455B.602 DEFINITIONS. As used in this division: 1. "Action level" means action level as provided in 567 IAC ch. 133 or 137. 2. "Active site cleanup" means 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. 3. "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. 4. "Contaminated site" means a site upon which contamination has been discovered. 5. "Contamination" means the presence of one or more pesticides, as defined in section 206.2, or the presence of fertilizer, as defined in section 200.3, in soil or groundwater at levels above those that would result at normal field application rates or above background levels. 6. "Passive site cleanup" means 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 prevention of contamination, as well as the use of natural processes such as groundwater recharge, natural decay, and chemical or biological decomposition. 7. "Remediation" means 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. 8. a. "Responsible person" means a person who is legally liable for the contamination or who is legally responsible for abating contamination under any applicable law, including chapters 455B and 455E, and the common law. This may include a person causing, allowing, or otherwise participating in the activities or events which cause the 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. b. "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. 9. "Site cleanup" means measures used to contain, reduce, or eliminate contamination present at a site including by using active site cleanup or passive site cleanup measures, or complying with a correction action required or recommended by the department of natural resources or the United States environmental protection agency.
Section History: Recent Form 2000 Acts, ch 1184, §14 Referred to in § 161.2 StartOfSec455B.603 THROUGH 455B.700 Reserved. StartOfSec455B.701 OIL SPILL IMMUNITY. 1. Definitions. As used in this section, unless the context otherwise requires: a. "Damages" means damages of any kind for which liability may exist under the laws of this state resulting from, arising out of, or relating to the discharge or threatened discharge of oil. b. "Discharge" means any emission, other than natural seepage, intentional or unintentional, and includes, but is not limited to, spilling, leaking, pumping, pouring, emitting, emptying, or dumping. c. "Federal on-scene coordinator" means the federal official designated by the federal agency in charge of the removal efforts or by the United States environmental protection agency or the United States coast guard to coordinate and direct responses under the national contingency plan. d. "National contingency plan" means the national contingency plan prepared and published under 33 U.S.C. § 1321(d). e. "Oil" means oil of any kind or in any form, including, but not limited to, petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes other than dredged spoil. f. "Remove" or "removal" means containment and removal of oil or a hazardous substance from water and shorelines or the taking of other actions as may be necessary to minimize or mitigate damage to the public health or welfare, including, but not limited to, fish, shellfish, wildlife, and public and private property, shorelines, and beaches. g. "Removal costs" means the costs of removal that are incurred after a discharge of oil has occurred or, in any case in which there is a substantial threat of a discharge of oil, the costs to prevent, minimize, or mitigate oil pollution from such an incident. h. "Responsible party" means a responsible party as defined under 33 U.S.C. § 2701. 2. Exemption from liability. a. Notwithstanding any other provisions of law, a person is not liable for removal costs or damages which result from acts or omissions taken or made in the course of rendering care, assistance, or advice consistent with the national contingency plan or as otherwise directed by the federal on- scene coordinator or by the state official with responsibility for oil spill response. b. Paragraph "a" does not apply to the following: (1) A responsible party. (2) When the damage involves personal injury or wrongful death. (3) If the person is grossly negligent or engages in willful misconduct. c. A responsible party is liable for any removal costs and damages that another person is relieved of under paragraph "a". d. This section does not affect the liability of a responsible party for oil spill response under state law.
Section History: Recent Form 95 Acts, ch 15, §1 StartOfSec455B.702 THROUGH 455B.750 Reserved. StartOfSec455B.751 DEFINITIONS. As used in this division, unless the context otherwise requires: 1. "Acquired" means purchased, leased, obtained by inheritance or descent and distribution, or obtained by foreclosure sale under chapter 654, nonjudicial voluntary foreclosure under section 654.18, deed in lieu of foreclosure under section 654.19, foreclosure without redemption under section 654.20, or nonjudicial foreclosure of nonagriculture mortgages under chapter 655A. 2. "Hazardous substance" means the same as defined in section 455B.381 or 455B.411. 3. "Hazardous waste" means the same as defined in section 455B.411. 4. "Potentially responsible party" means a person whose acts or omissions were a proximate cause of the contamination of the acquired property, or a person whose negligent acts or omissions are a proximate cause of injury or damages resulting from exposure to such contamination. Injury or damages to persons or property arising by reason of contamination that migrates from the acquired property shall not be deemed to be caused by an act or omission of the person that acquired the property, except to the extent that the act or omission of such person exacerbated the release of such contamination. 5. "Regulated substance" means the same as defined in section 455B.471. 6. "Response action" means any action taken to reduce, minimize, eliminate, clean up, control, assess, or monitor a release of hazardous substances, hazardous waste, or regulated substances to protect the public health, safety, or the environment. 7. "Third party" means any person other than a person that holds indicia of title to property or that has acquired property as identified in section 455B.752. 8. "Third-party liability" means any liability or obligation, other than contractual obligations that specifically waive all or part of the immunity provided by section 455B.752, arising out of or resulting from contamination of property by a hazardous substance, hazardous waste, or a regulated substance, including without limitation, claims for illness, personal injury, death, consequential damages, exemplary damages, lost profits, trespass, loss of use of property, loss of rental value, reduction in property value, property damages, or statutory or common law nuisance.
Section History: Recent Form 2004 Acts, ch 1141, §75, 79; 2005 Acts, ch 19, §58 StartOfSec455B.752 IMMUNITY FROM THIRD-PARTY LIABILITY. A person that holds indicia of ownership of property contaminated by a hazardous substance, hazardous waste, or regulated substance, and that satisfies all of the conditions provided in section 455B.381, subsection 7, paragraph "b", or section 455B.471, subsection 6, paragraph "b", subparagraphs (1), (2), and (3), or a person that has acquired property contaminated by a hazardous substance, hazardous waste, or regulated substance, shall not be liable to any third party for any third-party liability arising from such contamination provided that all of the following apply: 1. The person does not knowingly cause or permit a new or additional hazardous substance, hazardous waste, or regulated substance to arise on or from the acquired property that injures a third party or contaminates property owned or leased by a third party. 2. The person is not a potentially responsible party or affiliated with any potentially responsible party by reason of any of the following: a. Any direct or indirect familial relationship. b. Any contractual, corporate, or financial relationship, other than a contractual, corporate, or financial relationship that is created by the instruments by which title to the property is conveyed or financed or by a contract for the sale of goods or services. c. A reorganization of a business entity that is or was a potentially responsible party.
Section History: Recent Form 2004 Acts, ch 1141, §76, 79 Referred to in § 455B.751, 455B.753 StartOfSec455B.753 ACCESS TO PROPERTY. A person that holds indicia of title to property or a person that has acquired property as identified in section 455B.752 shall provide reasonable access to the acquired property to any potentially responsible party or to any authorized regulatory authority for the purpose of investigating or evaluating any contamination, planning, or preparing a remedial plan for any abatement of the contamination, and for any required remediation.
Section History: Recent Form 2004 Acts, ch 1141, §77, 79 StartOfSec455B.754 LEGAL RESPONSIBILITY. This division shall not be interpreted to affect the legal responsibility to the state to conduct response actions under any applicable state law. This division shall not be interpreted to affect or provide immunity from any criminal liability.
Section History: Recent Form 2004 Acts, ch 1141, §78, 79 StartOfSec455B.755 THROUGH 455B.800 Reserved. StartOfSec455B.801 SHORT TITLE. This division shall be known and may be cited as the "Mercury-Free Recycling Act".
Section History: Recenorm 2006 Acts, ch 1120, §2
Footnotes Future repeal of division upon development and implementation of national mercury switch recovery program; conditions; department of natural resources to notify Code editor of federal program implementation; 2006 Acts, ch 1120, §11 StartOfSec455B.802 DEFINITIONS. As used in this division, unless the context otherwise requires: 1. "Capture rate" means the amount of mercury removed, collected, and recovered from end-of-life vehicles, expressed as a percentage of the mercury available from mercury-added switches in end-of-life vehicles annually. 2. "End-of-life vehicle" means any vehicle which is sold, given, or otherwise conveyed to a vehicle recycler or scrap recycling facility for the purpose of recycling and that does not exceed ten thousand pounds gross vehicle weight. 3. "Manufacturer" means any person that is the last person to produce or assemble a new vehicle that utilizes mercury-added switches, or in the case of an imported vehicle, the importer or domestic distributor of such vehicle. "Manufacturer" does not include a person that has never utilized a mercury-added switch in the production or assembly of a new vehicle. 4. "Mercury-added switch" means a light switch that contains mercury which was installed by a manufacturer in a motor vehicle. 5. "Scrap recycling facility" means a fixed location where machinery and equipment are utilized for processing and manufacturing scrap metal into prepared grades and whose principal product is scrap iron, scrap steel, or nonferrous metallic scrap for sale for remelting purposes. 6. "Vehicle recycler" means any person engaged in the business of acquiring, dismantling, or destroying six or more vehicles in a calendar year for the primary purpose of resale of the vehicles' parts.
Section History: Recent Form 2006 Acts, ch 1120, §3 Referred to in § 455B.808
Footnotes For future repeal of this section upon development and implementation of national mercury switch recovery program; conditions; see 2006 Acts, ch 1120, §11 StartOfSec455B.803 PLANS FOR REMOVAL, COLLECTION, AND RECOVERY OF VEHICLE MERCURY-ADDED SWITCHES. 1. Within ninety days of July 1, 2006, each manufacturer of vehicles sold in this state shall, individually or as part of a group, develop and publish a plan for a system to remove, collect, and recover mercury-added switches from end-of-life vehicles that were manufactured by the manufacturer. Publication shall be in accordance with section 455B.807, subsection 2. 2. a. The manufacturer shall implement a system to remove, collect, and recover mercury-added switches from end-of-life vehicles within ninety days of publication of the plan. b. The system developed and implemented pursuant to this section shall provide, at a minimum, all of the following: (1) Educational materials about the program to inform the public and other stakeholders about the purpose of the collection program and how to participate in the program. (2) A method for implementing, operating, maintaining, and monitoring the system, in accordance with subsection 3. This may include the use of third-party contractors that are qualified and fully insured to perform these tasks. (3) Information about mercury-added switches identifying all of the following: (a) The make, model, and year of vehicles potentially containing mercury-added switches. (b) A description of the mercury-added switches. (c) The location of the mercury-added switches. (d) The safe, cost-effective, and environmentally sound methods for the removal of the mercury-added switches from end-of-life vehicles. (4) A method to arrange and pay for the transportation of the collected mercury-added switches to permitted facilities. (5) A method to arrange and pay for the recycling of the mercury-added switches. (6) A method to track participation and publish the progress of the mercury-added switch collection in accordance with section 455B.807, subsection 2. (7) A database of participating vehicle recyclers, including all of the following: (a) Documentation that the vehicle recycler joined the program. (b) Records of all submissions by a vehicle recycler of any information required pursuant to subparagraph (6). (c) Confirmation that the vehicle recycler has submitted switches at least once every twelve months since joining the program. (8) A target mercury-added switch capture rate for vehicles manufactured by the manufacturer of ninety percent. A description of additional or alternative actions that shall be implemented by the manufacturer to improve the system and its operation in the event that the target capture rate is not met shall be published with the required tracking information no less than annually. (9) The program shall not include inaccessible mercury-added switches from end-of-life vehicles with significant damage to the vehicle in the area surrounding the mercury-added switch location. All accessible mercury-added switches are expected to be collected under the provisions of this division. c. In developing a removal, collection, and recovery system for end-of-life vehicles, a manufacturer shall, to the extent practicable, utilize the existing end-of-life vehicle recycling infrastructure. d. If the commission determines that the manufacturer's plan for a system to remove, collect, and recover mercury-added switches from end-of-life vehicles does not comply with this section, the commission may require the manufacturer to make any necessary modification to the plan. e. On July 1, 2020, the commission shall cease enforcement of the removal, collection, and recovery plans under this section. On or before July 1, 2020, the commission shall review the mercury-added switch removal, collection, and recovery portion of this division and submit a recommendation to the general assembly regarding the necessity of continuing the enforcement of the removal, collection, and recovery plans under this section. 3. The total cost of the removal, collection, and recovery system for mercury-added switches shall be paid by the manufacturer. Costs shall include but not be limited to all of the following: a. Labor to remove mercury-added switches. Labor shall be reimbursed at a minimum rate of four dollars per mercury-added switch removed, or if the vehicle identification number of the source vehicle is required for reimbursement, at a minimum rate of five dollars. b. Training. c. Packaging in which to transport mercury-added switches to recycling, storage, or disposal facilities. d. Shipping of mercury-added switches to recycling, storage, or disposal facilities. e. Recycling, storage, or disposal of the mercury-added switches. f. Public education materials and presentations. g. Maintenance of all appropriate systems and procedures to protect the environment from mercury contamination from collected mercury-added switches. 4. A vehicle recycler that performs as required under a removal, collection, and recovery plan shall be afforded the protections provided in section 613.18.
Section History: Recent Form 2006 Acts, ch 1120, §4; 2007 Acts, ch 126, §78 Referred to in § 455B.808
Footnotes For future repeal of this section upon development and implementation of national mercury switch recovery program; conditions; see 2006 Acts, ch 1120, §11 StartOfSec455B.804 PROHIBITION AND PROPER MANAGEMENT OF MERCURY-ADDED VEHICLE SWITCHES. 1. Prior to delivery to a scrap recycling facility, a person who sells, gives, or otherwise conveys ownership of an end-of-life vehicle to the scrap recycling facility for recycling shall remove all mercury-added switches from such end-of-life vehicle unless the mercury-added switch is inaccessible due to significant damage to the end-of-life vehicle in the area where the mercury-added switch is located. 2. A person shall not represent that mercury-added switches have been removed from a vehicle or vehicle hulk being sold, given, or otherwise conveyed for recycling if that person has not removed such mercury-added switches or arranged with another person to remove such switches.
Section History: Recent Form 2006 Acts, ch 1120, §5
Footnotes For future repeal of this section upon development and implementation of national mercury switch recovery program; conditions; see 2006 Acts, ch 1120, §11 StartOfSec455B.805 GENERAL COMPLIANCE WITH OTHER PROVISIONS. Except as expressly provided in this division, compliance with this division shall not exempt a person from compliance with any other law.
Section History: Recent Form 2006 Acts, ch 1120, §6
Footnotes For future repeal of this section upon development and implementation of national mercury switch recovery program; conditions; see 2006 Acts, ch 1120, §11 StartOfSec455B.806 REGULATIONS. The commission shall adopt rules pursuant to chapter 17A as necessary to implement the provisions of this division.
Section History: Recent Form 2006 Acts, ch 1120, §7
Footnotes For future repeal of this section upon development and implementation of national mercury switch recovery program; conditions; see 2006 Acts, ch 1120, §11 StartOfSec455B.807 PUBLIC NOTIFICATION. 1. The department shall make available to the general public in an electronic format the plan of a manufacturer for a system to remove, collect, and recover mercury-added switches from end-of-life vehicles and any report required under section 455B.808. 2. Publication of all required plans, information, reports, and educational materials under this division shall be through no less than two types of media available to the general public. One medium must be available twenty-four hours per day, seven days per week, and maintained with current information. Acceptable types of media include but are not limited to internet websites, periodicals, journals, and other publicly available media in the state.
Section History: Recent Form 2006 Acts, ch 1120, §8 Referred to in § 455B.803
Footnotes For future repeal of this section upon development and implementation of national mercury switch recovery program; conditions; see 2006 Acts, ch 1120, §11 StartOfSec455B.808 REPORTING. One year after the implementation of a removal, collection, and recovery system, and annually thereafter, a manufacturer subject to section 455B.803 shall report to the department concerning the performance under the manufacturer's plan. The report shall include statistical information received under section 455B.803. The report shall also include but not be limited to all of the following: 1. The number of mercury-added switches collected. 2. An estimate of the amount of mercury contained in the collected switches. 3. The capture rate as defined in section 455B.802. 4. The estimated number of vehicles manufactured by the manufacturer containing mercury-added switches. 5. The estimated number of vehicles manufactured by the manufacturer that have been processed for recycling by vehicle recyclers.
Section History: Recent Form 2006 Acts, ch 1120, §9 Referred to in § 455B.807
Footnotes For future repeal of this section upon development and implementation of national mercury switch recovery program; conditions; see 2006 Acts, ch 1120, §11 StartOfSec455B.809 STATE PROCUREMENT. Notwithstanding other policies and guidelines for the procurement of vehicles, the state shall, within one year of July 1, 2006, revise its policies, rules, and procedures to give priority and preference to the purchase of vehicles free of mercury-added components taking into consideration competition, price, availability, and performance.
Section History: Recent Form 2006 Acts, ch 1120, §10
Footnotes For future repeal of this section upon development and implementation of national mercury switch recovery program; conditions; see 2006 Acts, ch 1120, §11 StartOfSec455B.810 THROUGH 455B.850 Reserved. StartOfSec455B.851 IOWA CLIMATE CHANGE ADVISORY COUNCIL. 1. The department shall create an Iowa climate change advisory council consisting of twenty-three voting members serving three-year staggered terms and four nonvoting, ex officio members. 2. a. The voting members shall be appointed by the governor and shall represent the following: (1) The university of Iowa center for global and regional environmental research. (2) The university of northern Iowa center for energy and environmental education. (3) The Iowa farm bureau. (4) The Iowa public transit association. (5) Rural electric cooperatives. (6) Investor-owned utilities. (7) Municipal utilities. (8) The Iowa utilities board. (9) One association with environmental interests or activities. (10) One association with conservation interests or activities. (11) The international brotherhood of electrical workers. (12) The Iowa association of business and industry. (13) The Iowa energy center. (14) The Iowa renewable fuels association. (15) The office of consumer advocate of the department of justice. (16) A representative from local government. (17) The director of the office of energy independence. (18) A manufacturer of equipment used for alternative energy production. (19) The department of agronomy at Iowa state university of science and technology. (20) Four members of the general public. b. The four nonvoting, ex officio members shall consist of four members of the general assembly, two from the senate and two from the house of representatives, with not more than one member from each chamber being from the same political party. The two senators shall be designated one member each by the majority leader of the senate after consultation with the president and by the minority leader of the senate. The two representatives shall be designated one member each by the speaker of the house of representatives after consultation with the majority leader of the house of representatives and by the minority leader of the house of representatives. 3. Voting members of the council shall serve at the pleasure of the governor and shall serve without compensation. 4. The chairperson of the council shall be designated by the governor and may convene the council at any time. 5. A vacancy in the membership shall not impair the right of a quorum to exercise all the rights and perform all the duties of the council. A majority of the council members then appointed constitutes a quorum. A majority vote of the quorum is required for council action. 6. The department shall provide necessary staff assistance to the council. 7. After consideration of a full range of policies and strategies, including the cost-effectiveness of the strategies, the council shall develop multiple scenarios designed to reduce statewide greenhouse gas emissions including one scenario that would reduce such emissions by fifty percent by 2050. The council shall also develop short-term, medium-term, and long-term scenarios designed to reduce statewide greenhouse gas emissions and shall consider the cost-effectiveness of the scenarios. The council shall establish a baseline year for purposes of calculating reductions in statewide greenhouse gas emissions. The council shall take nuclear power into consideration as part of its discussion of greenhouse gas reductions, and shall incorporate that consideration into its proposal. The council shall submit an initial proposal to the governor and the general assembly by January 1, 2008, and shall submit an updated proposal by January 1, 2009. 8. The council may periodically adopt recommendations designed to encourage the reduction of statewide greenhouse gas emissions. 9. By September 1 of each year, the department shall submit a report to the governor and the general assembly regarding the greenhouse gas emissions in the state during the previous calendar year and forecasting trends in such emissions. The first submission by the department shall be filed by September 1, 2008, for the calendar year beginning January 1, 2007.
Section History: Recent Form 2007 Acts, ch 120, §5; 2008 Acts, ch 1144, §3, 13; 2008 Acts, ch 1156, §47, 58 Referred to in § 473.7