Iowa Code 455B.307 – Dumping — where prohibited — penalty
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1. A private agency or public agency shall not dump or deposit or permit the dumping or depositing of any solid waste at any place other than a sanitary disposal project approved by the director unless the agency has been granted a permit by the department which allows the dumping or depositing of solid waste on land owned or leased by the agency. The department shall adopt rules regarding the permitting of this activity which shall provide that the public interest is best served, but which may be based upon criteria less stringent than those regulating a public sanitary disposal project provided that the rules adopted meet the groundwater protection goal specified in section 455E.4. The comprehensive plans for these facilities may be varied in consideration of the types of sanitary disposal practices, hydrologic and geologic conditions, construction and operations characteristics, and volumes and types of waste handled at the disposal site. The director may issue temporary permits for dumping or disposal of solid waste at disposal sites for which an application for a permit to operate a sanitary disposal project has been made and which have not met all of the requirements ofthis part 1 of subchapter IV and the rules adopted by the commission if a compliance schedule has been submitted by the applicant specifying how and when the applicant will meet the requirements for an operational sanitary disposal project and the director determines the public interest will be best served by granting such temporary permit.
Terms Used In Iowa Code 455B.307
- Commission: means the natural resource commission. See Iowa Code 462A.2
- Commission: means the environmental protection commission created under section 455A. See Iowa Code 455B.101
- 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
- Director: means the director of the department or the director's designee. See Iowa Code 462A.2
- Director: means the director of the department or a designee. See Iowa Code 455B.101
- Operate: means to navigate or otherwise use a vessel or motorboat. See Iowa Code 462A.2
- Person: means an individual, partnership, firm, corporation, or association. See Iowa Code 462A.2
- Private agency: means a private agency as defined in section 28E. See Iowa Code 455B.301
- Public agency: means a public agency as defined in section 28E. See Iowa Code 455B.301
- Rule: includes "regulation". See Iowa Code 4.1
- Sanitary disposal project: means all facilities and appurtenances including all real and personal property connected with such facilities, which are acquired, purchased, constructed, reconstructed, equipped, improved, extended, maintained, or operated to facilitate the final disposition of solid waste without creating a significant hazard to the public health or safety, and which are approved by the director. See Iowa Code 455B.301
- Solid waste: means garbage, refuse, rubbish, and other similar discarded solid or semisolid materials, including but not limited to such materials resulting from industrial, commercial, agricultural, and domestic activities. See Iowa Code 455B.301
2. The director may issue any order necessary to secure compliance with or prevent a violation of the provisions of this part 1 of subchapter IV or the rules adopted pursuant to this part. The attorney general shall, on request of the department, institute any legal proceedings necessary in obtaining compliance with an order of the commission or the director or prosecuting any person for a violation of the provisions of this part or rules issued pursuant to this part.
3. Any person who violates any provision ofthis part 1 of subchapter IV or any rule or any order adopted or the conditions of any permit or order issued pursuant tothis part 1 of subchapter IV shall be subject to a civil penalty, not to exceed five thousand dollars for each day of such violation.