Iowa Code 455B.131 – Definitions
Current as of: 2024 | Check for updates
|
Other versions
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.
Terms Used In Iowa Code 455B.131
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Department: means the department of natural resources. See Iowa Code 462A.2
- Department: means the department of natural resources created under section 455A. See Iowa Code 455B.101
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Political subdivision: means any municipality, township, or county, or district, or authority, or any portion, or combination of two or more thereof, including but not limited to any emergency services and emergency management agency established pursuant to chapter 28E or 29C, and any municipal fire departments and ambulance services and agents thereof. See Iowa Code 455B.381
- property: includes personal and real property. See Iowa Code 4.1
- Release: means a threatened or real emission, discharge, spillage, leakage, pumping, pouring, emptying, or dumping of a hazardous substance into or onto the land, air, or waters of the state unless one of the following applies:a. See Iowa Code 455B.381
- Rule: includes "regulation". See Iowa Code 4.1
- state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
- United States: includes all the states. See Iowa Code 4.1
- year: means twelve consecutive months. See Iowa Code 4.1
2. “Air contaminant source” means any and all sources of emission of air contaminants whether privately or publicly owned or operated.a. Air contaminant source includes but is not limited to all types of businesses, commercial and industrial plants, works, shops, and stores, heating and power plants and stations, buildings and other structures of all types including single and multiple family residences, office buildings, hotels, restaurants, schools, hospitals, churches and other institutional buildings, automobiles, trucks, tractors, buses, aircraft, and other motor vehicles, garages, vending and service locations and stations, railroad locomotives, ships, boats, and other waterborne craft, portable fuel-burning equipment, indoor and outdoor incinerators of all types, refuse dumps and piles, and all stack and other chimney outlets from any of the foregoing.b. An air contaminant source does not include a fire truck or other fire apparatus operated by an organized fire department.3. “Air pollution” means presence in the outdoor atmosphere of one or more air contaminants in sufficient quantities and of such characteristics and duration as is or may reasonably tend to be injurious to human, plant, or animal life, or to property, or which unreasonably interferes with the enjoyment of life and property.4. “Atmosphere” means all space outside of buildings, stacks or exterior ducts.5. “Earthen waste slurry storage basin” means an uncovered and exclusively earthen cavity which, on a regular basis, receives waste discharges from a confinement animal feeding operation if accumulated wastes from the basin are completely removed at least twice each year.6. “Emission” means a release of one or more air contaminants into the outside atmosphere.7. “Greenhouse gas” means carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.8. “Major stationary source” means a stationary air contaminant source which directly emits, or has the potential to emit, one hundred tons or more of an air pollutant per year including a major source of fugitive emissions of a pollutant as determined by rule by the department or the administrator of the United States environmental protection agency.9. “Person” means an individual, partnership, cooperative, firm, company, public or private corporation, political subdivision, agency of the state, trust, estate, joint stock company, an agency or department of the federal government or any other legal entity, or a legal representative, agent, officer, employee or assigns of such entities.10. “Political subdivision” means any municipality, township, or county, or district, or authority, or any portion, or combination of two or more thereof.11. “Potential to emit” means the maximum capacity of a stationary source to emit a pollutant under its physical and operational design as defined in rules adopted by the department.12. “Schedule and timetable of compliance” means a schedule of remedial measures including an enforceable sequence of actions or operations leading to compliance with an emission limitation, other limitation, prohibition, or standard.13. “Small business stationary source” means a stationary air contaminant source that meets all of the following requirements:a. Employs one hundred or fewer individuals.b. Qualifies as a small business concern by the United States department of commerce pursuant to 15 U.S.C. § 632.c. Is not a major stationary source.d. Emits less than fifty tons per year of any federally regulated air pollutant and less than seventy-five tons per year of all federally regulated pollutants under the federal Clean Air Act Amendments of 1990, 42 U.S.C. § 7401 et seq.