SF 2054 (LSB 5663XS (2) 83)

SENATE FILE 2054

BY  JOCHUM

A BILL FOR

An Act relating to the disposal and composting of organic waste.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 455D.9, Code 2009, is amended to read as follows:
   455D.9  Land disposal of yard waste and organic waste —— prohibited.
   1.  Beginning January 1, 1991, land Land disposal of yard waste and organic waste as defined by the department is prohibited. However, yard waste and organic waste which has been separated at its source from other solid waste may be accepted by a sanitary landfill for the purposes of soil conditioning or composting.
   2.  The department shall assist local communities in the development of collection systems for yard waste and organic waste generated from residences and shall assist in the establishment of local composting facilities. Within one hundred twenty days of the adoption of rules by the department regarding yard waste and organic waste, each city and county shall, by ordinance, require persons within the city or county to separate yard waste and organic waste from other solid waste generated. Municipalities which provide a collection system for solid waste shall provide for a collection system for yard waste and organic waste which is not composted.
   3.  The department shall develop rules which define yard waste and organic waste and provide for the safe and proper method of composting. The rules adopted for a composting facility to be located on property owned by an applicant for a permit prior to July 1, 1992, when the property is located within twenty miles of a metropolitan area of two hundred fifty thousand or more, shall require that prior to the issuance of a permit for a composting facility, the applicant shall submit an economic impact statement to the department. For the purpose of this subsection, “economic impact statement” means an estimate of the economic impact of the siting of a composting facility at a specific location on affected property owners.
   4.  State and local agencies responsible for the maintenance of public lands in the state shall give preference to the use of composted materials in all land maintenance activities.
   5.  This section does not prohibit the use of yard waste or organic waste as land cover or as soil conditioning material.
   6.  This section prohibits the incineration of yard waste and organic waste at a sanitary disposal project.
    Sec. 2.  IMPLEMENTATION OF ACT.  Section 25B.2, subsection 3, shall not apply to this Act.
EXPLANATION
   This bill relates to the disposal and composting of organic waste.
   The bill prohibits the land disposal of organic waste, as defined by the department of natural resources, and allows such waste which has been separated at its source from other solid waste to be accepted by a sanitary landfill for soil conditioning or composting purposes. The bill requires the department to assist local communities in the development of collection systems for organic waste generated from residences and assist in the establishment of local composting facilities. The bill requires the department to adopt rules which define organic waste and provide for the safe and proper method of composting. The bill does not prohibit the use of organic waste as land cover or as soil conditioning material. The bill prohibits the incineration of organic waste at a sanitary disposal project.
   The bill may include a state mandate as defined in Code section 25B.3. The bill makes inapplicable Code section 25B.2, subsection 3, which would relieve a political subdivision from complying with a state mandate if funding for the cost of the state mandate is not provided or specified. Therefore, political subdivisions are required to comply with any state mandate included in the bill.