Iowa Code 455B.390 – Jurisdiction limited
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Nothing contained in this part 4 of subchapter IV shall be deemed to grant to the department any authority or jurisdiction under this part 4 with respect to the following:
1. Hazardous conditions existing solely within and which will probably continue to exist solely within commercial and industrial plants, works, or shops under the jurisdiction of chapter 10A, subchapter II, and chapter 88.
Terms Used In Iowa Code 455B.390
- 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
- Hazardous condition: means any situation involving the actual, imminent, or probable spillage, leakage, or release of a hazardous substance onto the land, into a water of the state, or into the atmosphere, which creates an immediate or potential danger to the public health or safety or to the environment. See Iowa Code 455B.381
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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
- Use: means to operate, navigate, or employ a vessel. See Iowa Code 462A.2
2. Relations between employers and employees with respect to hazardous conditions except that where such hazardous conditions extend to or affect areas within the scope of the authority granted by this part 4 of subchapter IV, the department may take any action consistent with this part 4 to abate such hazardous condition.
3. The storage, transportation, handling, or use of flammable liquids, combustibles, and explosives, control over which is exercised by the director of the department of inspections, appeals, and licensing under chapter 10A, subchapter V, part 2.
4. The storage, transportation, handling, or use of pesticides over which control is exercised by the state secretary of agriculture under chapter 206, except when spillage of pesticides creates a hazardous condition.
5. The storage, transportation, handling, or use of fertilizers over which control is exercised by the state secretary of agriculture under chapter 200, except when spillage of fertilizers creates a hazardous condition.