Iowa General Assembly Daily Bills, Amendments & Study Bills March 17, 2009



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HF 757

House File 757 - Introduced

HOUSE FILE

BY COMMITTEE ON ENVIRONMENTAL

PROTECTION


(SUCCESSOR TO HSB 254)

Passed House, Date Passed Senate, Date

Vote: Ayes Nays Vote: Ayes Nays

Approved


A BILL FOR
1 An Act relating to the regulation of scrap yards and salvage

2 pools.


3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

4 TLSB 2653HV 83

5 tm/nh/5

House File 757 - Introduced continued


PAG LIN

1 1 Section 1. Section 321H.2, Code 2009, is amended by adding

1 2 the following new subsections:

1 3 NEW SUBSECTION. 4A. "Salvage disposal sale" means a

1 4 scheduled sale, at auction or by private bid, of wrecked or

1 5 repairable motor vehicles.

1 6 NEW SUBSECTION. 4B. "Salvage pool" means a person or

1 7 business that regularly conducts a salvage disposal sale as

1 8 provided in section 321H.3A.

1 9 Sec. 2. Section 321H.3, subsection 4, Code 2009, is

1 10 amended to read as follows:

1 11 4. Storing vehicles not currently registered or storing

1 12 damaged vehicles except where such, unless the person is


1 13 operating as a salvage pool or the storing of damaged vehicles

1 14 is incidental to the primary purpose of the repair of motor

1 15 vehicles for others, scrapping, disposing, salvaging or

1 16 recycling more than six vehicles or parts of more than six

1 17 vehicles subject to registration under chapter 321 in a

1 18 calendar year.

1 19 Sec. 3. NEW SECTION. 321H.3A CONDUCT OF SALVAGE DISPOSAL

1 20 SALES.

1 21 A person who is conducting a salvage disposal sale shall

1 22 not sell a wrecked or repairable motor vehicle to a person who

1 23 is not one of the following:

1 24 1. A person licensed as an authorized vehicle recycler

1 25 under this chapter.

1 26 2. A person who has a valid license issued in another

1 27 state which permits the licensee to purchase salvage title

1 28 vehicles in that state.

1 29 Sec. 4. Section 321H.4, subsection 1, unnumbered paragraph

1 30 1, Code 2009, is amended to read as follows:

1 31 Upon application and payment of a fee, a person, other than

1 32 a person operating as a salvage pool, may apply for a license

1 33 to operate as an authorized vehicle recycler to engage in the

1 34 business as one or more of the following:

1 35 Sec. 5. Section 455D.1, Code 2009, is amended by adding


House File 757 - Introduced continued
2 1 the following new subsections:

2 2 NEW SUBSECTION. 6A. "Scrap" means discarded appliances,

2 3 or inoperable machinery; junked, dismantled, or wrecked

2 4 automobiles, or parts thereof; or used or scrap iron, steel,

2 5 copper, brass, or other ferrous or nonferrous metal. "Scrap"

2 6 does not mean any of the items listed in this subsection that

2 7 are kept or stored for an agricultural purpose. "Scrap" also

2 8 does not mean agricultural equipment or machinery located on

2 9 property where a farm house or farm structure is located or on

2 10 property used for any agricultural purpose.

2 11 NEW SUBSECTION. 6B. "Scrap yard" means an establishment

2 12 or place of business which is maintained, operated, or used

2 13 primarily for buying, selling, dismantling, baling, or

2 14 temporarily storing scrap.

2 15 Sec. 6. NEW SECTION. 455D.21A LOCAL ORDINANCE == SCRAP

2 16 YARDS.

2 17 1. A city or a county may adopt a local ordinance, written

2 18 in cooperation with the department, creating licensure

2 19 requirements for scrap yards located in the city or county.

2 20 Such an ordinance must include provisions relating to building

2 21 and property maintenance requirements; pest and rodent control

2 22 requirements; requirements relating to fluid removal from

2 23 scrap accepted at a scrap yard; requirements relating to the

2 24 management of lead acid batteries; requirements relating to

2 25 scrap at least partially covered by flood waters; storage

2 26 requirements for automobiles and automobile parts;

2 27 requirements for the proper recycling of universal waste; and

2 28 restrictions on the storage, placement, and number of

2 29 discarded appliances. Such an ordinance shall include notice

2 30 that the licensing entity may conduct an audit of the licensed

2 31 facility at any time without notice and a statement

2 32 identifying license fees and license renewal requirements.

2 33 2. A city or county may adopt a local ordinance creating

2 34 licensure requirements for scrap yards located in the city or

2 35 county. Such an ordinance must include, at a minimum, all of
House File 757 - Introduced continued
3 1 the following:

3 2 a. Environmental and other related requirements for

3 3 licensees including but not limited to the following:

3 4 (1) Building and property maintenance requirements.

3 5 (2) Pest and rodent control requirements.

3 6 (3) Requirements relating to fluid removal from scrap

3 7 accepted at the scrap yard.

3 8 (4) Requirements relating to the management of lead acid

3 9 batteries.

3 10 (5) Health and safety requirements for any scrap at least

3 11 partially covered by flood waters.

3 12 (6) Storage requirements for automobiles and automobile

3 13 parts.

3 14 (7) Requirements for the proper recycling of universal

3 15 waste.

3 16 (8) Restrictions on the storage, placement, and number of

3 17 discarded appliances. A scrap yard shall not store more than

3 18 three hundred discarded appliances.

3 19 b. Notice that the licensing entity may conduct an audit

3 20 of the licensed facility at any time without notice.

3 21 c. A statement identifying license fees.

3 22 d. License renewal requirements.

3 23 3. A city or county may impose a license fee for purposes

3 24 of administering a licensure program for scrap yards.

3 25 4. A city or county may conduct an audit of a licensed

3 26 facility at any time during a licensure period without notice

3 27 to the licensee for purposes of ensuring compliance with the

3 28 terms of the license.

3 29 5. Criteria and requirements included in an ordinance

3 30 adopted pursuant to this section, and in a license issued

3 31 under the ordinance, may be more restrictive than prescribed

3 32 by this chapter and chapter 455B and the rules adopted

3 33 pursuant to those chapters.

3 34 6. A city or county may revoke or temporarily suspend a

3 35 license at any time provided that the grounds for doing so are
House File 757 - Introduced continued
4 1 provided for in the ordinance.

4 2 7. A city or county may restrict a person from locating a

4 3 scrap yard in a floodplain. This subsection does not apply to

4 4 scrap yards in existence on July 1, 2009.

4 5 8. The department shall, in collaboration with cities,

4 6 counties, the Iowa automobile recyclers association, and other

4 7 stakeholders, develop model audits, model ordinances, and

4 8 model licenses for use by cities and counties under this

4 9 section.

4 10 EXPLANATION

4 11 This bill relates to the regulation of scrap yards and

4 12 salvage pools.

4 13 The bill provides that a person conducting a salvage

4 14 disposal sale shall only sell a wrecked or repairable motor

4 15 vehicle to certain licensed persons. The bill creates an

4 16 exception from damaged vehicle storage requirements for

4 17 persons operating a salvage pool. The bill provides that a

4 18 person operating a salvage pool shall not apply for a license

4 19 to operate as an authorized vehicle recycler.

4 20 The bill allows a city or a county to adopt a local

4 21 ordinance, written in cooperation with the department of

4 22 natural resources, creating licensure requirements for scrap

4 23 yards. Such an ordinance must include environmental

4 24 provisions relating to building and property maintenance; pest

4 25 and rodent control; fluid removal from scrap; management of

4 26 lead acid batteries; treatment of scrap at least partially

4 27 covered by flood waters; storage requirements for automobiles

4 28 and automobile parts; recycling of universal waste; and

4 29 restrictions on the storage, placement, and number of

4 30 discarded appliances. Such an ordinance shall also include

4 31 notice that the licensing entity may conduct an audit of the

4 32 licensed facility at any time without notice and a statement

4 33 identifying license fees and license renewal requirements.

4 34 The bill allows a city or a county to adopt a local

4 35 ordinance, without the assistance of the department, creating
House File 757 - Introduced continued
5 1 a licensure requirement for scrap yards provided all of the

5 2 same requirements as ordinances written with the department

5 3 are met with two additional environmental provisions. The

5 4 ordinance must include health and safety requirements for any

5 5 scrap at least partially covered by flood waters and a

5 6 prohibition against the storage of more than 300 discarded

5 7 appliances.

5 8 The bill provides that a city or county may impose a

5 9 license fee for purposes of administering a licensure program

5 10 for scrap yards. The bill provides that criteria and

5 11 requirements included in an ordinance and in a license may be

5 12 more restrictive than prescribed in Code chapter 455D and Code

5 13 chapter 455B and the rules adopted pursuant to those Code

5 14 chapters. The bill allows a city or county to revoke or

5 15 temporarily suspend a license at any time provided that the

5 16 grounds for doing so are provided for in the ordinance.

5 17 The bill allows a city or county to restrict a person from

5 18 locating a scrap yard in a floodplain. A city or county shall

5 19 not make such restrictions for scrap yards in existence on

5 20 July 1, 2009.

5 21 The bill requires the department of natural resources, in

5 22 collaboration with cities, counties, and other stakeholders,

5 23 to develop and make available model audits, model ordinances,

5 24 and model licenses.

5 25 LSB 2653HV 83

5 26 tm/nh/5







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