567—101.7 (455B,455D) Base year adjustment method. Planning agencies may request that the department complete a goal progress recalculation once per fiscal year to resolve any discrepancies and to further evaluate progress toward the state’s waste volume reduction and recycling goals. At the time of approval of a comprehensive plan or comprehensive plan update, the department will use the most current complete fiscal year data set available to complete goal progress calculations, which will be used to meet the requirements outlined in subrule 101.13(8) and rule 567—101.14(455B,455D).
	 101.7(1) The base year adjustment method (see Formula 1) controls for population, employment, and taxable sales to more accurately determine progress toward the state’s waste volume reduction and recycling goals. Factors included within the base year adjustment method include:
	  a.   	 Base year residential waste disposal tonnage - (A).
	  b.   	 Base year commercial waste disposal tonnage - (B).
	  c.   	 Base year population data (U.S. Bureau of the Census) - (C).
	  d.   	 Base year employment data - total nonfarm (Iowa Department of Workforce Development) - (D).
	  e.   	 Base year taxable sales data (Iowa Department of Revenue) - (E).
	  f.   	 Base year consumer price index - (F).
	  g.   	 Most current complete fiscal year data set available for waste disposal tonnage - (G).
	  h.   	 Most current complete fiscal year data set available for population (U.S. Bureau of the Census) - (H).
	  i.   	 Most current complete fiscal year data set available for employment - total nonfarm (Iowa Department of Workforce Development) - (I).
	  j.   	 Most current complete fiscal year data set available for taxable sales (Iowa Department of Revenue) - (J).
	  k.   	 Most current complete fiscal year data set available for consumer price index - (K).

<fo:wrapper font-size="10pt">Formula I</fo:wrapper>	
100%	-	[	G	]	×	100%	
			A	[	 	 	[	 	 	J	F	]	]	+	B	[	 	 	[	 	 	]	]				
					 	 		I	+		K						 	 		J	F						
					H	+		D		E						I	+			K						
					C			2						D			E						
					2					2					
	 101.7(2) Planning agencies must document the amount of waste disposed of in both the base year and the most current fiscal year where a complete data set is available. If no changes have occurred within the planning area that would affect the base year, then only data for the most current fiscal year for which a complete data set is available need to be presented in the comprehensive plan update, since information on each planning area’s base year tonnage is presented in prior comprehensive plan submittals. Tonnage data sources that each planning agency must identify include, but are not limited to:
	  a.   	 Landfill(s) within the planning area and its respective service area(s).
	  b.   	 Transfer station(s) or hauler(s) transporting waste into or out of the planning area for final disposal.
	  c.   	 Incineration with or without energy recovery of waste within the planning area.
	  d.   	 Allowable base year adjustment method exemptions, including exceptional events, waste originating from out of state, and solid waste generated outside the planning area.
	 101.7(3) Waste generated as part of an exceptional event or contaminated soils removed as part of a brownfield or contaminated site cleanup should not negatively affect a planning area’s goal progress calculation.
	  a.   	 Exceptional events include, but are not limited to, such unforeseen disasters as storms, fires, floods, tornadoes, or train wrecks. Exceptional events do not include economic development, derelict housing removal, or other planned activities/demolitions. Written requests to exempt exceptional event debris from goal progress calculations shall be made to the department on the required Quarterly Solid Waste Fee Schedule and Retained Fees Report, DNR Form 542-3276.
Requests for goal progress calculation exemptions must be made within six months after initial disposal of the debris. The determination to exempt exceptional event debris from goal progress calculations shall be made solely by the department and shall not be made independently by individual municipal solid waste sanitary disposal projects or planning agencies. Municipal solid waste sanitary disposal projects required to remit tonnage fees shall continue to pay solid waste tonnage fees until written notification of fee exemption is received, at which time any applicable fee credit shall be granted by the department. Upon review of the request, the department will notify the municipal solid waste sanitary disposal project and planning agency of the determination in writing or request further documentation.
	 (1) 	 Exemption requests shall, at a minimum, include:
	  1. 	 Date(s) of duration of the exceptional event.
	  2. 	 Type of event (i.e., flood, tornado, combination thereof).
	  3. 	 Description of affected area(s), including approximate number of buildings and addresses, if available.
	  4. 	 Type(s) of waste to be exempted.
	  5. 	 Actual tonnage of debris disposed of during the quarter.
	  6. 	 Preliminary estimate of the total tonnage to be exempted (i.e., tons already disposed of and potential tons to be disposed of in future quarters).
	 (2) 	 Additional documentation to verify the exceptional event and the debris it generated may be requested by the department. Failure to submit requested documentation may result in denial of the goal progress calculation or solid waste tonnage fee exemption request(s), including any fee credits authorized by the department. Documentation may include:
	  1. 	 Protocol used by the municipal solid waste sanitary disposal project staff for determining which waste(s) coming into the facility was attributed to the exceptional event.
	  2. 	 Summary of existing policies to divert storm debris from disposal, as well as the amount of waste(s) diverted.
	  3. 	 Copies of scale tickets and summary report of scale tickets.
	  4. 	 Federal Emergency Management Agency (FEMA) reports, if any.
	  5. 	 Newspaper articles or pictures of affected areas.
	  6. 	 Supporting documentation indicating estimated remaining tonnage expected as a result of the exceptional event (i.e., supporting documentation from local insurance companies or municipal building inspectors).
	  7. 	 Contact information for the person(s) responsible for compiling the exceptional event report(s).
	  b.   	 If the governor of the state of Iowa declares a city or county a disaster area as a result of an exceptional event, the municipal solid waste sanitary disposal project or planning agency may request that the debris be exempt from solid waste tonnage fees. A request to waive tonnage fees must be submitted in writing on the facility’s or planning agency’s letterhead prior to or in the same submittal as the Quarterly Solid Waste Fee Schedule and Retained Fees Report, DNR Form 542-3276. Requests to waive tonnage fees, as provided for in this rule, must be made within 6 months after the initial disposal of the debris. A copy of the proclamation of disaster emergency declared by the governor of the state of Iowa is required in order for approval of tonnage fee exemptions. Any continuing documentation shall be submitted with each Quarterly Solid Waste Fee Schedule and Retained Fees Report, DNR Form 542-3276, within the length of time authorized by the department. Solid waste disposed of outside the window of time authorized by the department shall not be eligible for exemption. To be eligible for an exemption, all exceptional event waste must be disposed of within the following time lines:
	 (1) 	 For debris clearance and emergency protective measures, as defined by FEMA guidelines, 6 months from the end of the exceptional event.
	 (2) 	 For permanent repair work, as defined by FEMA guidelines, 18 months from the end of the exceptional event.
Upon written request, with supporting rationale, extensions to these time lines may be granted solely by the department on a case-by-case basis.
	  c.   	 Contaminated soils removed as part of a brownfield or contaminated site cleanup should not negatively affect a planning area’s goal progress calculation. If the contaminated soil is to be disposed of in a municipal solid waste sanitary disposal project, the municipal solid waste sanitary disposal project or planning agency must request the goal progress exemption in writing, in accordance with the procedures outlined in this rule. Written requests to exempt contaminated soil from goal progress calculations shall be made to the department on the Quarterly Solid Waste Fee Schedule and Retained Fees Report, DNR Form 542-3276. Requests for goal progress exemptions must be made within 6 months after initial disposal of the contaminated soil.
The determination to exempt contaminated soil from goal progress calculations shall be made solely by the department and shall not be made independently by individual municipal solid waste sanitary disposal projects or planning agencies. The department shall notify the municipal solid waste sanitary disposal project or planning agency in writing of the determination or shall request further clarification to make an exemption decision. Failure to submit additional information requested by the department regarding the request to exempt contaminated soil may result in a denial of the goal progress calculation exemption request. Contaminated soil occurrences not eligible for goal progress exemption include, but are not limited to, illegal municipal solid waste disposal sites and contaminated soils formed for the sole purpose of requesting goal progress exemption. Exemption requests shall include, at a minimum, the following:
	 (1) 	 Contact information of the primary and any other government agency overseeing or involved with site cleanup.
	 (2) 	 Address of the brownfield or contaminated site.
	 (3) 	 Date(s) when the site was believed to have been contaminated, if known.
	 (4) 	 Type of operation and owners of the operation that led to the contamination, if known.
	 (5) 	 Constituents of concern present in the soil.
	 (6) 	 Types of miscellaneous waste mixed with the soil, if any.
	 (7) 	 Appropriate testing for identified contaminants of the contaminated soil.
	 (8) 	 Actual tonnage of contaminated soil disposed of during the quarter.
	 (9) 	 Preliminary estimate of the total tonnage to be exempted (i.e., tons of contaminated soil already disposed of and potential tons to be disposed of in future quarters).
	 (10) 	 Narrative justification to explain why disposal in a municipal solid waste sanitary disposal project is the best site cleanup methodology.
[ARC 8037B, IAB 8/12/09, effective 9/16/09]