Iowa Code » Chapter 455B — JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES
Iowa Code

Iowa Code § 455B.411 (2026)

Definitions

✓ current as of July 2026
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As used in this part 5, unless the context otherwise requires:

1. “Disposal” means the discharge, deposit, injection, dumping, spilling, leaking, or placing of a hazardous waste or hazardous substance into or on land or water so that the hazardous waste or hazardous substance or a constituent of the hazardous waste or hazardous substance may enter the environment or be emitted into the air or discharged into any waters, including groundwaters.

2. “Hazardous substance” means a hazardous substance as defined in 42 U.S.C. §9601 of the federal Comprehensive Environmental Response, Compensation, and Liability Act and any element, compound, mixture, solution, or substance designated pursuant to 40 C.F.R. §302.4.

3. a. “Hazardous waste” means a waste or combination of wastes that, because of its quantity, concentration, biological degradation, leaching from precipitation, or physical, chemical, or infectious characteristics, has either of the following effects:

(1) Causes, or significantly contributes to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness.

(2) Poses a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed. “Hazardous waste” may include but is not limited to wastes that are toxic, corrosive or flammable or irritants, strong sensitizers or explosives.

b. “Hazardous waste” does not include:

(1) Agricultural wastes, including manures and crop residues that are returned to the soil as fertilizers or beneficial substances.\n\nTue Dec 09 22:11:04 2025 Iowa Code 2026, Chapter 455B (104, 1) 113 JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES, §455B.423\n\n (2) Source, special nuclear, or by-product material as defined in the Atomic Energy Act of 1954, as amended to January 1, 1979.

4. “Hazardous waste or hazardous substance disposal site” means real property which has been used for the disposal of hazardous waste or hazardous substances either illegally or prior to regulation as a hazardous waste or a hazardous substance under this part and any adjoining real property and groundwater affected by the disposal activities. [C81, §455B.130; 81 Acts, ch 151, §1] C83, §455B.411 84 Acts, ch 1108, §8; 84 Acts, ch 1157, §1; 84 Acts, ch 1158, §2; 86 Acts, ch 1025, §2, 3; 91 Acts, ch 155, §2; 2011 Acts, ch 9, §3; 2025 Acts, ch 134, §24 Referred to in §124C.1, 455B.191, 455B.301, 455B.304, 455B.381, 455B.482, 455B.751, 455F.1, 558.69, 716B.1 Subsection 3, paragraph b, subparagraph (1) amended\n\n 455B.412 through 455B.421 Repealed by 2011 Acts, ch 9, §10. \n 455B.422 Reserved. \n

Notes of Decisions
Cited in 5 cases, 1987–2004 · leading case: West Bend Mut. Ins. Co. v. Iowa Iron Works, Inc., 503 N.W.2d 596 (Iowa 1993).
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West Bend Mut. Ins. Co. v. Iowa Iron Works, Inc., 503 N.W.2d 596 (Iowa 1993). · cites it 4× “Solid *600 Waste does not include hazardous waste as defined in section 455B.411.... *599 Iowa Code § 455B.”
State Ex Rel. Iowa Dep't of Water, Air & Waste Mgmt. v. Presto-X Co., 417 N.W.2d 199 (Iowa 1987). · cites it 6× “Treating these code sections in order, we affirm the trial court’s conclusion as to section 455B.”
State v. Hunt, 512 N.W.2d 285 (Iowa 1994). · cites it 2× “” The term “hazardous waste” as it is used in chapter 716B means a hazardous waste as defined in section 455B.411, subsection 4, or a hazardous substance as defined in 42 U.”
First Realty, Ltd. v. Frontier Ins. Co., a Subsidiary of Frontier Ins. Grp., Inc. Bankers Multiple Line Ins. Co., 378 F.3d 729 (1st Cir. 2004). “The section provides that “solid waste does not include hazardous waste,” which is defined in Iowa Code § 455B.411(4)(a) as waste which causes or can potentially cause serious illness or poses a substantial present or potential hazard to health or the environment.”
First Realty Ltd. v. Frontier Ins. Co. (8th Cir. 2004). “The section provides that "solid waste does not include hazardous waste," which is defined in Iowa Code § 455B.411(4)(a) as waste which causes or can potentially cause serious illness or poses a substantial present or potential hazard to health or the environment.”
— Iowa Code § 455B.411(4)(a) — 3 cases
West Bend Mut. Ins. Co. v. Iowa Iron Works, Inc., 503 N.W.2d 596 (Iowa 1993). “Solid *600 Waste does not include hazardous waste as defined in section 455B.411.... *599 Iowa Code § 455B.”
First Realty, Ltd. v. Frontier Ins. Co., a Subsidiary of Frontier Ins. Grp., Inc. Bankers Multiple Line Ins. Co., 378 F.3d 729 (1st Cir. 2004). “The section provides that “solid waste does not include hazardous waste,” which is defined in Iowa Code § 455B.411(4)(a) as waste which causes or can potentially cause serious illness or poses a substantial present or potential hazard to health or the environment.”
First Realty Ltd. v. Frontier Ins. Co. (8th Cir. 2004). “The section provides that "solid waste does not include hazardous waste," which is defined in Iowa Code § 455B.411(4)(a) as waste which causes or can potentially cause serious illness or poses a substantial present or potential hazard to health or the environment.”
— Iowa Code § 455B.411(4)(b) — 1 case
State Ex Rel. Iowa Dep't of Water, Air & Waste Mgmt. v. Presto-X Co., 417 N.W.2d 199 (Iowa 1987). “Treating these code sections in order, we affirm the trial court’s conclusion as to section 455B.”
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