§ 455B.411 — Definitions

Iowa § 455B.411

• Jurisdiction: Iowa
• Title XI: NATURAL RESOURCES
• Ch. 455B: JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES

Text

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,orsignificantlycontributestoanincreaseinmortalityoranincreaseinserious
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.
113 JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES, §455B.423
(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.

Legislative History

[C81, §455B.130; 81 Acts, ch 151, §1]