455B.101 Definitions. As used in this chapter, unless the context otherwise requires: 1. “Department” means the department of natural resources created under section 455A.2. 2. “Director” means the director of the department or a designee. 3. “Commission” means the environmental protection commission created under section 455A.6. [C66, §455B.2(10); C71, §136B.2(6), 455B.2(10), 455C.1(2); C73, 75, 77, […]
455B.103 Director’s duties. The director shall: 1. Recommend to the commission the adoption of rules that are necessary for the effective administration of the department. 2. Recommend to the commission the adoption of rules to implement the programs and services assigned to it. 3. Contract, with the approval of the commission, with public agencies of […]
455B.103A General permits — storm water discharge — air contaminant sources. 1. If a permit is required pursuant to this chapter or chapter 459, 459A, or 459B for storm water discharge or an air contaminant source and a facility to be permitted is representative of a class of facilities which could be described and conditioned […]
455B.104 Departmental duties. 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 […]
455B.105 Powers and duties of the commission. The commission shall: 1. Establish policy for the implementation of programs under its jurisdiction. The commission shall appoint advisory committees to advise the commission and the director in carrying out their respective powers and duties. 2. Advise, consult, and cooperate with other agencies of the state, political subdivisions, […]
455B.107 Warrants by director of department of administrative services. The director of the department of administrative services shall draw warrants on the treasurer of state for all disbursements authorized by the provisions of this chapter and chapter 459, upon itemized and verified vouchers bearing the approval of the director of the department of natural resources. […]
455B.108 Office facilities. The department of administrative services shall provide the department with appropriate office facilities. [C73, 75, 77, 79, 81, §455B.9] C83, §455B.108 2003 Acts, ch 145, §286
455B.109 Schedule of civil penalties — violations. 1. The commission shall establish, by rule, a schedule or range of civil penalties which may be administratively assessed. The schedule shall provide procedures and criteria for the administrative assessment of penalties of not more than ten thousand dollars for violations of this chapter or rules, permits or […]
455B.110 Administrative appeal orders — deadline. 1. An order issued by the director or the department pursuant to authority granted in this chapter may be appealed, resulting in the scheduling of a contested case hearing as provided for in chapter 17A. The appeal must be received by the director within the applicable time frame established […]
455B.111 Citizen actions. 1. Except as provided in subsection 2, a person with standing as provided in subsection 3 may commence a civil action in district court on the person’s own behalf against any of the following: a. A person, including the state of Iowa, for violating any provision of this chapter; chapter 459, subchapters […]
455B.112 Actions by attorney general. In addition to the duty to commence legal proceedings at the request of the director or commission under this chapter; chapter 459, subchapters I, II, III, IV, and VI; chapter 459A; or chapter 459B, the attorney general may institute civil or criminal proceedings, including an action for injunction, to enforce […]
455B.112A Environmental crimes investigation and prosecution fund. 1. An environmental crimes investigation and prosecution fund is created as a separate fund in the state treasury to be administered by the attorney general. Moneys credited to the fund shall include court-ordered fines and restitution awarded to the attorney general as part of a judgment in an […]
455B.113 Certification of laboratories. 1. The director shall certify laboratories which perform laboratory analyses of samples required to be submitted by the department by this chapter; chapter 459, subchapters I, II, III, IV, and VI; or chapter 459A, or by rules adopted in accordance with this chapter; chapter 459, subchapters I, II, III, IV, and […]
455B.114 Laboratory certificates. 1. Upon determination by the director that an applicant for certification has the necessary competence, equipment, and capability to perform the laboratory analytical procedures required, the director shall issue a certificate of competency to the laboratory. The certificate shall indicate the analytical parameters and procedures which the laboratory is certified to conduct. […]
455B.115 Analysis by certified laboratory required. Laboratory analysis of samples as required by this chapter; chapter 459, subchapters I, II, III, IV, and VI; or chapter 459A; or by rules adopted, or by permits or orders issued pursuant to this chapter; chapter 459, subchapters I, II, III, IV, and VI; or chapter 459A shall be […]
455B.116 Pollution hotline program. Repealed by 2011 Acts, ch 9, §10.
455B.117 Results of environmental tests — public records. 1. The results of any test, which test is relative to the purview of the department, and which test is conducted or performed by an independent entity at the request of a government body, as defined in section 22.1, or an agent or attorney for a government […]
455B.131 Definitions. When used in this subchapter II, unless the context otherwise requires: 1. “Air contaminant” means dust, fume, mist, smoke, other particulate matter, gas, vapor (except water vapor), odorous substance, radioactive substance, or any combination thereof. 2. “Air contaminant source” means any and all sources of emission of air contaminants whether privately or publicly […]
455B.132 Executive agency. The department shall be the agency of the state to prevent, abate, or control air pollution. [C73, 75, 77, 79, 81, §455B.11] C83, §455B.132
455B.133 Duties. The commission shall: 1. Develop comprehensive plans and programs for the abatement, control, and prevention of air pollution in this state, recognizing varying requirements for different areas in the state. The plans may include emission limitations, schedules and timetables for compliance with the limitations, measures to prevent the significant deterioration of air quality […]
