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\n\nTue Dec 09 22:11:04 2025 Iowa Code 2026, Chapter 455B (104, 1) 97 JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES, §455B.307B\n\nthe 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 of this 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.
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 of this part 1 of subchapter IV or any rule or any order adopted or the conditions of any permit or order issued pursuant to this part 1 of subchapter IV shall be subject to a civil penalty, not to exceed five thousand dollars for each day of such violation. [C71, §406.9; C73, 75, 77, 79, 81, §455B.82] C83, §455B.307 86 Acts, ch 1245, §1899; 87 Acts, ch 225, §415; 88 Acts, ch 1169, §5; 89 Acts, ch 281, §1; 2021 Acts, ch 76, §101; 2021 Acts, ch 80, §285; 2021 Acts, ch 174, §22 Referred to in §455B.304 \n
Notes of Decisions
First Iowa State Bank v. Iowa Dep't of Nat. Resources, 502 N.W.2d 164 (Iowa 1993).
· cites it 32× “After receiving complaints and inspecting the Davis property, the Iowa Department of Water, Air and Waste Management (IDWAWM), in May 1984, issued an administrative order finding Davis to be in violation of Iowa Code section 455B.307 (1983) and rules prohibiting open dumping of…”
Bd. of Water Works Trs. of the City of Des Moines, Iowa v. Sac Cnty. Bd. of Supervisors, as Tr. of Drainage Districts 32, 42, 65, 79, 81, 83, 86, & Calhoun Cnty. Bd. of Supervisors & Sac Cnty. Bd. of Supervisors as Jt. Trs. of Drainage Districts 2 & 51 & Buena Vista Cnty. Bd. of Supervisors & Sac Cnty. Bd. of Supervisors as Jt. Trs. of Drainage Districts 19, 890 N.W.2d 50 (Iowa 2017).
· cites it 2× “§ 455B.307 (prohibiting dumping solid waste into any place other than sanitary disposal project); see also id.”
Ne. Iowa Citizens for Clean Water v. Agriprocessors, Inc., 489 F. Supp. 2d 881 (N.D. Iowa 2007).
· cites it 2× “It also alleged that AgriProces-sors maintained an open dump, in violation of Iowa Code § 455B.307 (2003). NICCW sought a declaratory judgment that AgriProcessors had violated and was in violation of the CWA and the RCRA, *887 injunctive relief, civil penalties and litigation…”
State Ex Rel. Iowa Dep't of Nat. Resources v. Shelley, 512 N.W.2d 579 (Iowa Ct. App. 1993).
· cites it 2× “307(2) which provides, in pertinent 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…”
Ne. Iowa Citizens for Clean Water v. AgriProcessors, Inc., 469 F. Supp. 2d 666 (N.D. Iowa 2006).
· cites it 2× “, and maintained an open dump, in violation of Iowa Code § 455B.307. On January 11, 2005, the court granted NICCW’s motion and consolidated the two cases under the instant case number.”
Amended April 11, 2017 Bd. of Water Works Trs. of the City of Des Moines, Iowa v. Sac Cnty. Bd. of Supervisors, as Tr. of Drainage Districts 32, 42, 65, 79, 81, 83, 86, & Calhoun Cnty. Bd. of Supervisors & Sac Cnty. Bd. of Supervisors as Jt. Trs. of Drainage Districts 2 & 51 & Buena Vista Cnty. Bd. of Supervisors & Sac Cnty. Bd. of Supervisors as Jt. Trs. (Iowa 2017).
“§ 455B.307 (prohibiting dumping solid waste into any place other than sanitary disposal project); see also id.”
First Realty Ltd. v. Frontier Ins. Co. (8th Cir. 2004).
“In West Bend, the Iowa Department of Natural Resources (DNR) sued the insured for an alleged violation of Iowa Code § 455B.307, which prohibits the depositing of solid waste at an unlicensed site.”
— Iowa Code § 455B.307(1) — 2 cases
First Iowa State Bank v. Iowa Dep't of Nat. Resources, 502 N.W.2d 164 (Iowa 1993).
“After receiving complaints and inspecting the Davis property, the Iowa Department of Water, Air and Waste Management (IDWAWM), in May 1984, issued an administrative order finding Davis to be in violation of Iowa Code section 455B.307 (1983) and rules prohibiting open dumping of…”
— Iowa Code § 455B.307(2) — 2 cases
First Iowa State Bank v. Iowa Dep't of Nat. Resources, 502 N.W.2d 164 (Iowa 1993).
“After receiving complaints and inspecting the Davis property, the Iowa Department of Water, Air and Waste Management (IDWAWM), in May 1984, issued an administrative order finding Davis to be in violation of Iowa Code section 455B.307 (1983) and rules prohibiting open dumping of…”
State Ex Rel. Iowa Dep't of Nat. Resources v. Shelley, 512 N.W.2d 579 (Iowa Ct. App. 1993).
“307(2) which provides, in pertinent 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…”
— Iowa Code § 455B.307(3) — 1 case
First Iowa State Bank v. Iowa Dep't of Nat. Resources, 502 N.W.2d 164 (Iowa 1993).
“After receiving complaints and inspecting the Davis property, the Iowa Department of Water, Air and Waste Management (IDWAWM), in May 1984, issued an administrative order finding Davis to be in violation of Iowa Code section 455B.307 (1983) and rules prohibiting open dumping of…”
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