Bill Text: IA HF2185 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to and establishing procedures regarding waste tire conversion within the state, and making penalties applicable.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-02-08 - Subcommittee recommends passage. [HF2185 Detail]
Download: Iowa-2017-HF2185-Introduced.html
House File 2185 - Introduced HOUSE FILE BY FISHER A BILL FOR 1 An Act relating to and establishing procedures regarding waste 2 tire conversion within the state, and making penalties 3 applicable. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5333YH (10) 87 js/rn/rj PAG LIN 1 1 Section 1. Section 455D.11, subsection 2, Code 2018, is 1 2 amended to read as follows: 1 3 2. Land disposal of waste tires is prohibitedbeginning 1 4 July 1, 1991, unlessexcept as provided in section 455D.11J, 1 5 subsection 3, and the tire has been processed in a manner 1 6 established by the department. A sanitary landfill shall 1 7 not refuse to accept a waste tire which has been properly 1 8 processed. 1 9 Sec. 2. NEW SECTION. 455D.11J Waste tire conversion == 1 10 districts established == requirements. 1 11 1. As used in this section, unless the context otherwise 1 12 requires: 1 13 a. "Conversion" means the process of reducing the solid mass 1 14 of a waste tire by no less than eighty percent by weight. 1 15 b. "Conversion center" means a facility that is used for 1 16 the conversion of waste tires and that is owned by a political 1 17 subdivision of the state. 1 18 c. "Dispose" means the final deposit of a waste tire at 1 19 a conversion center or landfill. "Dispose" does not include 1 20 depositing a waste tire with a tire collector, as defined in 1 21 section 455D.11, or a waste tire hauler pursuant to section 1 22 455D.11I. 1 23 d. "Person" means an individual, corporation, limited 1 24 liability company, government or governmental subdivision 1 25 or agency, business trust, estate, trust, partnership or 1 26 association, or any other legal entity. 1 27 e. "Political subdivision" means a county, city, or 1 28 township. 1 29 2. Waste tire conversion districts are established and 1 30 defined as: 1 31 a. District 1 shall comprise the counties of: Allamakee, 1 32 Benton, Black Hawk, Bremer, Buchanan, Chickasaw, Clayton, 1 33 Delaware, Dubuque, Fayette, Howard, Jackson, Jones, Linn, 1 34 Winneshiek; 1 35 b. District 2 shall comprise the counties of: Butler, Cerro 2 1 Gordo, Floyd, Franklin, Grundy, Hamilton, Hancock, Hardin, 2 2 Humboldt, Kossuth, Mitchell, Webster, Winnebago, Worth, Wright; 2 3 c. District 3 shall comprise the counties of: Buena Vista, 2 4 Calhoun, Cherokee, Clay, Dickinson, Emmet, Ida, Lyon, O'Brien, 2 5 Osceola, Palo Alto, Plymouth, Pocahontas, Sac, Sioux, Woodbury; 2 6 d. District 4 shall comprise the counties of: Adair, Adams, 2 7 Audubon, Carroll, Cass, Crawford, Fremont, Greene, Guthrie, 2 8 Harrison, Mills, Monona, Montgomery, Page, Pottawattamie, 2 9 Ringgold, Shelby, Taylor, Union; 2 10 e. District 5 shall comprise the counties of: Appanoose, 2 11 Boone, Clarke, Dallas, Decatur, Jasper, Lucas, Madison, 2 12 Mahaska, Marion, Marshall, Monroe, Polk, Poweshiek, Story, 2 13 Tama, Warren, Wayne; 2 14 f. District 6 shall comprise the counties of: Cedar, 2 15 Clinton, Davis, Des Moines, Henry, Iowa, Jefferson, Johnson, 2 16 Keokuk, Lee, Louisa, Muscatine, Scott, Van Buren, Wapello, 2 17 Washington. 2 18 3. a. A person may only dispose of waste tires generated 2 19 within a waste tire conversion district at a waste tire 2 20 conversion center if one has been established in the district. 2 21 b. Notwithstanding paragraph "a", a person may dispose of 2 22 tires at a waste tire conversion center in a different waste 2 23 tire conversion district or a processing site to be processed 2 24 pursuant to section 455D.11 if any of the following apply: 2 25 (1) A waste tire conversion district has not established a 2 26 waste tire conversion center. 2 27 (2) A waste tire conversion center has been established 2 28 within a district, but the waste tires collected at the waste 2 29 tire conversion center exceed the capacity of the facility. 2 30 c. A waste tire conversion center shall comply with the laws 2 31 of this state governing environmental protection, and the laws 2 32 and regulations of the federal government governing clean air 2 33 emissions. 2 34 4. a. A waste tire conversion center may only be owned 2 35 and operated by the state or a political subdivision. 3 1 However, multiple political subdivisions in the same waste 3 2 tire conversion district may jointly purchase, lease, or 3 3 lease=purchase a waste tire conversion center. 3 4 b. The state or a political subdivision that establishes a 3 5 waste tire conversion center may subcontract for the operation 3 6 of the waste tire conversion center. 3 7 Sec. 3. Section 455D.22, Code 2018, is amended to read as 3 8 follows: 3 9 455D.22 Civil penalty. 3 10 A person who violates section 455D.6, subsection 4, section 3 11 455D.11, 455D.11A, 455D.11B, 455D.11I, 455D.11J, or 455D.19, 3 12 or any rule, permit, or order issued pursuant thereto shall 3 13 be subject to a civil penalty which shall be established, 3 14 assessed, and collected in the same manner as provided in 3 15 section 455B.109. Any civil penalty collected shall be 3 16 deposited in the general fund of the state. 3 17 Sec. 4. Section 455D.25, subsection 2, Code 2018, is amended 3 18 to read as follows: 3 19 2. Any person who violates section 455D.10A, 455D.11, 3 20 455D.11A, 455D.11B, 455D.11I, or 455D.19, or any order or 3 21 permit issued or rule adopted pursuant to section 455D.6, 3 22 subsection 4, section 455D.10A, 455D.11, 455D.11A, 455D.11B, 3 23 455D.11I, 455D.11J, or 455D.19, shall be subject to a civil 3 24 penalty, not to exceed ten thousand dollars for each day of 3 25 such violation. 3 26 EXPLANATION 3 27 The inclusion of this explanation does not constitute agreement with 3 28 the explanation's substance by the members of the general assembly. 3 29 This bill creates a new requirement and procedure for 3 30 disposing of waste tires in the state. 3 31 Current law prevents a person from disposing of waste tires 3 32 unless the tires undergo proper processing as determined by the 3 33 department of natural resources. "Processing" means producing 3 34 or manufacturing usable materials from waste tires. 3 35 The bill requires waste tires to undergo conversion, as 4 1 defined in the bill, if they originate within a waste tire 4 2 conversion district. If a waste tire conversion center does 4 3 not exist within a district, a person may dispose of waste 4 4 tires at a waste tire conversion center in a different waste 4 5 tire conversion district or dispose of the waste tires at a 4 6 landfill after the waste tires undergo processing. A person 4 7 may also dispose of waste tires according to current law when 4 8 the waste tires collected at a waste tire conversion center 4 9 exceed the capacity of the center. A person who violates the 4 10 provisions of the bill is subject to a civil penalty pursuant 4 11 to Code sections 455D.22 and 455D.25. LSB 5333YH (10) 87 js/rn/rj
