Section 577.155

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 577

Effective - 13 Aug 1980, 2 histories, see footnote   (history) 

  *577.155.  Until December 31, 2016 — Waste disposal wells prohibited — term defined — permitted acts — penalty. — 1.  No person, firm, corporation or political subdivision shall construct or use any waste disposal well located in this state.

  2.  As used in this section, "waste disposal well" shall mean any subsurface void porous formation or cavity, natural or artificial, used for the disposal of liquid or semi-aqueous waste except as excluded in subsection 3 of this section.

  3.  "Waste disposal well" shall not include:

  (1)  Sanitary landfills or surface mining pits used for the disposal of nonputrescible solid wastes as defined in section 64.460;

  (2)  Cesspools used solely for disposal of waste from private residences; or

  (3)  Septic tanks used solely for disposal of waste.

  4.  It shall not be a violation of this section to:

  (1)  Inject or return fluids into subsurface formations in connection with oil or gas operations regulated by the state oil and gas council pursuant to chapter 259;

  (2)  Inject or return water into subsurface formations pursuant to chapter 644 and section 192.020 in connection with the following instances:

  (a)  Any groundwater heat pump injection/withdrawal well that is limited to a single family residence;

  (b)  Any groundwater heat pump injection/withdrawal well that is limited to eight or less single family residences as long as the combined injection/withdrawal rate is less than six hundred thousand British Thermal Units per hour;

  (c)  All other uses of groundwater heat pump injection/withdrawal wells shall be subject to a permitting procedure as established and regulated by the clean water commission; or

  (3)  Backfill cavities as an integral part of the mining operation with aggregate or other material obtained from that operation to either reduce accumulation of waste on the surface or to provide additional ground support in the mined-out areas or to inundate such cavities with water devoid of toxic liquid wastes, but the person, firm, or corporation who so backfills may not do so without the consent of the owner of the property to be backfilled.

  5.  Any person, firm, or corporation who violates any provision of this section is guilty of a misdemeanor and, upon conviction, shall be punished as provided by law.  Each day of violation constitutes a separate offense.

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(L. 1971 H.B. 189 §§ 1 to 5, A.L. 1976 S.B. 851, A.L. 1980 H.B. 1614)

*This section was amended by S.B. 491, 2014, effective 1-01-17.  Due to the delayed effective date, both versions of this section are printed here.