Senate File 2054 - Introduced SENATE FILE 2054 BY JOCHUM A BILL FOR An Act relating to the disposal and composting of organic 1 waste. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5663XS (2) 83 tm/nh
S.F. 2054 Section 1. Section 455D.9, Code 2009, is amended to read as 1 follows: 2 455D.9 Land disposal of yard waste and organic waste —— 3 prohibited. 4 1. Beginning January 1, 1991, land Land disposal of 5 yard waste and organic waste as defined by the department 6 is prohibited. However, yard waste and organic waste which 7 has been separated at its source from other solid waste may 8 be accepted by a sanitary landfill for the purposes of soil 9 conditioning or composting. 10 2. The department shall assist local communities in the 11 development of collection systems for yard waste and organic 12 waste generated from residences and shall assist in the 13 establishment of local composting facilities. Within one 14 hundred twenty days of the adoption of rules by the department 15 regarding yard waste and organic waste , each city and county 16 shall, by ordinance, require persons within the city or county 17 to separate yard waste and organic waste from other solid waste 18 generated. Municipalities which provide a collection system 19 for solid waste shall provide for a collection system for yard 20 waste and organic waste which is not composted. 21 3. The department shall develop rules which define yard 22 waste and organic waste and provide for the safe and proper 23 method of composting. The rules adopted for a composting 24 facility to be located on property owned by an applicant for 25 a permit prior to July 1, 1992, when the property is located 26 within twenty miles of a metropolitan area of two hundred fifty 27 thousand or more, shall require that prior to the issuance 28 of a permit for a composting facility, the applicant shall 29 submit an economic impact statement to the department. For the 30 purpose of this subsection, “economic impact statement” means an 31 estimate of the economic impact of the siting of a composting 32 facility at a specific location on affected property owners. 33 4. State and local agencies responsible for the maintenance 34 of public lands in the state shall give preference to the use 35 -1- LSB 5663XS (2) 83 tm/nh 1/ 2
S.F. 2054 of composted materials in all land maintenance activities. 1 5. This section does not prohibit the use of yard waste or 2 organic waste as land cover or as soil conditioning material. 3 6. This section prohibits the incineration of yard waste and 4 organic waste at a sanitary disposal project. 5 Sec. 2. IMPLEMENTATION OF ACT. Section 25B.2, subsection 6 3, shall not apply to this Act. 7 EXPLANATION 8 This bill relates to the disposal and composting of organic 9 waste. 10 The bill prohibits the land disposal of organic waste, as 11 defined by the department of natural resources, and allows 12 such waste which has been separated at its source from other 13 solid waste to be accepted by a sanitary landfill for soil 14 conditioning or composting purposes. The bill requires the 15 department to assist local communities in the development of 16 collection systems for organic waste generated from residences 17 and assist in the establishment of local composting facilities. 18 The bill requires the department to adopt rules which define 19 organic waste and provide for the safe and proper method of 20 composting. The bill does not prohibit the use of organic 21 waste as land cover or as soil conditioning material. The 22 bill prohibits the incineration of organic waste at a sanitary 23 disposal project. 24 The bill may include a state mandate as defined in Code 25 section 25B.3. The bill makes inapplicable Code section 25B.2, 26 subsection 3, which would relieve a political subdivision from 27 complying with a state mandate if funding for the cost of 28 the state mandate is not provided or specified. Therefore, 29 political subdivisions are required to comply with any state 30 mandate included in the bill. 31 -2- LSB 5663XS (2) 83 tm/nh 2/ 2