S.F. _____ H.F. _____ Section 1. Section 455B.481, subsections 1 through 3, Code 1 2013, are amended to read as follows: 2 1. The purpose of this part is to promote the proper and 3 safe storage, treatment, and disposal management of solid, 4 hazardous, and low-level radioactive wastes in Iowa. The 5 management of these wastes generated within Iowa is the 6 responsibility of Iowans. It is the intent of the general 7 assembly that Iowans assume this responsibility to the extent 8 consistent with the protection of public health, safety, and 9 the environment, and that Iowans insure that waste management 10 practices, as alternatives to land disposal, including source 11 reduction, recycling, compaction, incineration, and other forms 12 of waste reduction, are employed. 13 2. It is also the intent of the general assembly that a 14 comprehensive waste management plan be established by the 15 department which includes: the determination of need and 16 adequate regulatory controls prior to the initiation of site 17 selection; the process for selecting a superior site determined 18 to be necessary; the establishment of a process for a site 19 community to submit or present data, views, or arguments 20 regarding the selection of the operator and the technology 21 that best ensures proper facility operation; the prohibition 22 of shallow land burial of hazardous and low-level radioactive 23 wastes; the establishment of a regulatory framework for a 24 facility; and the establishment of provisions for the safe 25 and orderly development, operation, closure, postclosure, and 26 long-term monitoring and maintenance of the facility. 27 3. 2. In order to meet capacity assurance requirements 28 of section 104k of the federal Superfund Amendments and 29 Reauthorization Act of 1986, Pub. L. No. 99-499, and further 30 the objectives of waste minimization, the The department, in 31 cooperation with the small business assistance center at the 32 university of northern Iowa Iowa waste reduction center for 33 safe and economic management of solid waste and hazardous 34 substances established in section 268.4 , shall work with 35 -1- LSB 1196DP (6) 85 tm/nh 1/ 11

S.F. _____ H.F. _____ generators of hazardous wastes in the state to develop and 1 implement aggressive waste minimization programs. The goal 2 of these programs is to reduce the volume of hazardous waste 3 generated in the state as a whole by twenty-five percent of 4 the amount generated as of January 1, 1987, as reported in the 5 biennial reports collected by the United States environmental 6 protection agency. The twenty-five percent reduction goal 7 shall be reached as expeditiously as possible and no later than 8 July 1, 1994. In meeting the reduction goal, elements “a” 9 through “d” of the hazardous waste management hierarchy shall 10 be utilized. The department, in cooperation with the small 11 business assistance center, shall reassess the twenty-five 12 percent reduction goal in 1994. The department shall promote 13 research and development, provide and promote educational 14 and informational programs, promote and encourage provide 15 confidential, voluntary technical assistance to hazardous waste 16 generators, promote assistance by the small business assistance 17 Iowa waste reduction center, and promote other activities by 18 the public and private sectors that support this goal. In 19 the promotion of the goal, the following hazardous waste 20 management pollution prevention hierarchy, in descending order 21 of preference , is established by the department : 22 a. Source reduction for waste elimination. 23 b. Reuse. 24 c. On-site recycling. 25 c. d. Off-site recycling. 26 d. e. Waste treatment. 27 e. f. Incineration Combustion with energy recovery . 28 f. g. Land disposal. 29 Sec. 2. Section 455B.481, subsections 4 and 5, Code 2013, 30 are amended by striking the subsections. 31 Sec. 3. Section 455B.482, Code 2013, is amended by adding 32 the following new subsection: 33 NEW SUBSECTION . 7A. “Pollution prevention” means employment 34 of a practice that reduces the industrial use of toxic 35 -2- LSB 1196DP (6) 85 tm/nh 2/ 11

S.F. _____ H.F. _____ substances or reduces the environmental and health hazards 1 associated with an environmental waste without diluting or 2 concentrating the waste before the release, handling, storage, 3 transport, treatment, or disposal of the waste. 4 Sec. 4. Section 455B.484, Code 2013, is amended by adding 5 the following new subsection: 6 NEW SUBSECTION . 1A. Implement the waste management policy 7 provided in section 455B.481. 8 Sec. 5. Section 455B.484, subsections 2, 3, 4, 6, 7, 9, and 9 10, Code 2013, are amended by striking the subsections. 10 Sec. 6. Section 455B.484A, subsection 1, paragraph c, Code 11 2013, is amended to read as follows: 12 c. “Assistance program” means the waste reduction assistance 13 pollution prevention program of the department or of the Iowa 14 waste reduction center for safe and economic management of 15 solid waste and hazardous substances conducted pursuant to 16 section 268.4 . 17 Sec. 7. Section 455B.485, subsections 3 and 5, Code 2013, 18 are amended by striking the subsections. 19 Sec. 8. Section 455B.486, subsection 1, Code 2013, is 20 amended by striking the subsection. 21 Sec. 9. Section 455B.487, subsection 1, Code 2013, is 22 amended to read as follows: 23 1. The commission shall adopt rules establishing criteria 24 for the identification of land areas or sites which are 25 suitable for the operation of facilities for the management 26 of hazardous and low-level radioactive wastes. Upon request, 27 the department shall assist in locating suitable sites for the 28 location of a facility. The commission may purchase or condemn 29 land to be leased or used for the operation of a facility 30 subject to chapter 6A . Consideration for a contract for 31 purchase of land shall not be in excess of funds appropriated 32 by the general assembly for that purpose. The commission may 33 lease land purchased under this section to any person including 34 the state or a state agency. This section authorizes the state 35 -3- LSB 1196DP (6) 85 tm/nh 3/ 11

S.F. _____ H.F. _____ to own or operate hazardous waste facilities and low-level 1 radioactive waste facilities, subject to the approval of the 2 general assembly. 3 Sec. 10. Section 455B.487, subsection 8, Code 2013, is 4 amended by striking the subsection. 5 Sec. 11. Section 455C.12, subsection 1, Code 2013, is 6 amended to read as follows: 7 1. Any person violating the provisions of section 455C.2 , 8 455C.3 , or 455C.5 , and 455C.8 , or a rule adopted under this 9 chapter , shall be guilty of a simple misdemeanor. 10 Sec. 12. Section 455D.1, subsections 3, 5, and 7, Code 2013, 11 are amended by striking the subsections. 12 Sec. 13. Section 455D.1, Code 2013, is amended by adding the 13 following new subsection: 14 NEW SUBSECTION . 4A. “Pollution prevention techniques” means 15 any of the following practices employed by the user of a toxic 16 substance: 17 a. Input substitution, which is the replacement of a toxic 18 substance or raw material used in a production process with a 19 nontoxic or less toxic substance. 20 b. Product reformulation, which is the substitution of an 21 end product which is nontoxic or less toxic upon use or release 22 for an existing end product. 23 c. Production process redesign or modification, which is 24 the development and use of production processes of a different 25 design other than those currently in use. 26 d. Production process modernization, which is the upgrading 27 or replacing of existing production process equipment or 28 methods with other equipment or methods based on the same 29 production process. 30 e. Improved operation and maintenance of existing production 31 process equipment and methods, which is the modification or 32 addition to existing equipment or methods, including but not 33 limited to such techniques as improved housekeeping practices, 34 system adjustments, product and process inspections, and 35 -4- LSB 1196DP (6) 85 tm/nh 4/ 11

S.F. _____ H.F. _____ production process control equipment or methods. 1 f. Recycling, reuse, or extended use of toxic substances by 2 using equipment or methods that become an integral part of the 3 production process. 4 Sec. 14. Section 455D.3, subsections 1 and 3, Code 2013, are 5 amended to read as follows: 6 1. Year 1994 and 2000 goals Waste reduction goals . 7 a. The goal of the state is to reduce the amount of 8 materials in the waste stream, existing as of July 1, 1988, by 9 an intermediate goal of twenty-five percent by July 1, 1994 , 10 and by a final goal of at least fifty percent by July 1, 2000 , 11 through the practice of waste volume reduction at the source 12 and through recycling. For the purposes of this section , “waste 13 stream” means the disposal of solid waste as “solid waste” is 14 defined in section 455B.301 . 15 b. Notwithstanding section 455D.1, subsection 6 , facilities 16 which employ combustion of solid waste with energy recovery 17 and refuse-derived fuel, which are included in an approved 18 comprehensive plan, may include these processes in the 19 definition of recycling for the purpose of meeting the state 20 goal if at least thirty-five percent of the fifty percent waste 21 reduction goal , required to be met by July 1, 2000, pursuant 22 to this section , is met through volume reduction at the source 23 and recycling and reuse, as established pursuant to section 24 455B.301A, subsection 1 , paragraphs “a” and “b” . 25 3. Departmental monitoring. 26 a. By October 31, 1994, a planning area shall submit to 27 the department a solid waste abatement table which is updated 28 through June 30, 1994. By April 1, 1995, the department shall 29 report to the general assembly on the progress that has been 30 made by each planning area on attainment of the July 1, 1994, 31 twenty-five percent goal. 32 (1) If at any time the department determines that a planning 33 area has met or exceeded the twenty-five percent goal, but has 34 not met or exceeded the fifty percent goal, a planning area 35 -5- LSB 1196DP (6) 85 tm/nh 5/ 11

S.F. _____ H.F. _____ shall subtract sixty cents from the total amount of the tonnage 1 fee imposed pursuant to section 455B.310 . If at any time the 2 department determines that a planning area has met or exceeded 3 the fifty percent goal, a planning area shall subtract fifty 4 cents from the total amount of the tonnage fee imposed pursuant 5 to section 455B.310 . The reduction in tonnage fees pursuant 6 to this subparagraph paragraph shall be taken from that 7 portion of the tonnage fees which would have been allocated for 8 funding alternatives to landfills pursuant to section 455E.11, 9 subsection 2 , paragraph “a” , subparagraph (1). 10 (2) b. If the department determines that a planning area 11 has failed to meet the July 1, 1994, twenty-five percent 12 goal, the planning area shall , at a minimum, implement the 13 solid waste management techniques as listed in subsection 14 4 . Evidence of implementation of the solid waste management 15 techniques shall be documented in subsequent comprehensive 16 plans submitted to the department remit fifty cents per 17 ton to the department. The moneys shall be deposited in 18 the groundwater protection fund created in section 455E.11, 19 subsection 2, paragraph “a” , and credited to the solid waste 20 account of the fund to be used for funding alternatives to 21 landfills pursuant to section 455E.11, subsection 2, paragraph 22 “a” , subparagraph (1). Moneys shall continue to be remitted 23 pursuant to this paragraph until such time as evidence of 24 attainment of the twenty-five percent goal is documented in 25 subsequent plans submitted to the department . 26 b. (1) By October 31, 2000, a planning area shall submit to 27 the department, a solid waste abatement table which is updated 28 through June 30, 2000. By April 1, 2001, the department shall 29 report to the general assembly on the progress that has been 30 made by each planning area on attainment of the July 1, 2000, 31 fifty percent goal. 32 (2) c. If at any time the department determines that a 33 planning area has met or exceeded the fifty percent goal, the 34 planning area shall subtract fifty cents from the total amount 35 -6- LSB 1196DP (6) 85 tm/nh 6/ 11

S.F. _____ H.F. _____ of the tonnage fee imposed pursuant to section 455B.310 . This 1 amount shall be in addition to any amount subtracted pursuant 2 to paragraph “a” . The reduction in tonnage fees pursuant 3 to this subparagraph paragraph shall be taken from that 4 portion of the tonnage fees which would have been allocated to 5 funding alternatives to landfills pursuant to section 455E.11, 6 subsection 2 , paragraph “a” , subparagraph (1). Except for fees 7 required under subsection 4 , paragraph “a” , a A planning area 8 failing to meet the fifty percent goal is not required to remit 9 any additional tonnage fees to the department. 10 Sec. 15. Section 455D.3, subsections 2 and 4, Code 2013, are 11 amended by striking the subsections. 12 Sec. 16. Section 455D.6, subsections 1, 6, and 7, Code 2013, 13 are amended to read as follows: 14 1. Unless otherwise specified in this chapter , recommend 15 rules to the commission which are necessary to implement 16 this chapter . Initial recommendations shall be made to the 17 commission no later than July 1, 1991. 18 6. Develop a strategy and recommend to the commission the 19 adoption of rules necessary to implement a strategy for white 20 goods and waste oil by January 1, 1990 . 21 7. Develop a strategy and recommend to the commission 22 the adoption of rules necessary to implement by January 1, 23 2004, a strategy for the recycling of electronic goods and 24 the disassembling and removing of toxic parts from electronic 25 goods. 26 Sec. 17. Section 455D.6, subsections 2, 5, 8, 9, and 10, 27 Code 2013, are amended by striking the subsections. 28 Sec. 18. Section 455D.7, subsection 1, Code 2013, is amended 29 to read as follows: 30 1. Unless otherwise specified in this chapter , adopt rules 31 necessary to implement this chapter pursuant to chapter 17A . 32 Initial rules shall be adopted no later than April 1, 1992. 33 Sec. 19. Section 455D.7, subsection 4, Code 2013, is amended 34 by striking the subsection. 35 -7- LSB 1196DP (6) 85 tm/nh 7/ 11

S.F. _____ H.F. _____ Sec. 20. Section 455D.9, subsections 1, 2, 3, and 6, Code 1 2013, are amended to read as follows: 2 1. Beginning January 1, 1991, land Land disposal of yard 3 waste as defined by the department is prohibited. However, 4 yard waste which has been separated at its source from other 5 solid waste may be accepted by a sanitary landfill for the 6 purposes of soil conditioning or composting. 7 2. The department shall assist local communities in the 8 development of collection systems for yard waste generated 9 from residences and shall assist in the establishment of 10 local composting facilities. Within one hundred twenty days 11 of the adoption of rules by the department regarding yard 12 waste, each Each city and county shall, by ordinance, require 13 persons within the city or county to separate yard waste from 14 other solid waste generated. Municipalities which provide 15 a collection system for solid waste shall provide for a 16 collection system for yard waste which is not composted. 17 3. The department shall develop adopt rules which define 18 yard waste and provide for the safe and proper method of 19 composting . The rules adopted for a composting facility to be 20 located on property owned by an applicant for a permit prior 21 to July 1, 1992, when the property is located within twenty 22 miles of a metropolitan area of two hundred fifty thousand or 23 more, shall require that prior to the issuance of a permit for 24 a composting facility, the applicant shall submit an economic 25 impact statement to the department. For the purpose of this 26 subsection , “economic impact statement” means an estimate of 27 the economic impact of the siting of a composting facility at a 28 specific location on affected property owners yard waste and 29 other organic materials . 30 6. This section prohibits the incineration open burning of 31 yard waste within the permitted boundary at a sanitary disposal 32 project. 33 Sec. 21. Section 455D.12, subsection 2, unnumbered 34 paragraph 1, Code 2013, is amended to read as follows: 35 -8- LSB 1196DP (6) 85 tm/nh 8/ 11

S.F. _____ H.F. _____ Beginning July 1, 1992, a A person shall not distribute, 1 sell, or offer for sale in this state a plastic bottle or rigid 2 plastic container unless the product is labeled with a code 3 indicating the plastic resin used to produce the bottle or 4 container. Rigid plastic bottles or rigid plastic containers 5 with labels and basecups of a different material shall be coded 6 by their basic material. The code shall consist of a number 7 placed within a triangle of arrows and letters placed below the 8 triangle of arrows. The triangle shall be equilateral, formed 9 by three arrows with the apex of each point of the triangle 10 at the midpoint of each arrow, rounded with a short radius. 11 The arrowhead of each arrow shall be at the midpoint of each 12 side of the triangle with a short gap separating the pointer 13 from the base of the adjacent arrow. The triangle, formed by 14 the three arrows curved at their midpoints, shall depict a 15 clockwise path around the code number. The numbers and letters 16 used shall be as follows: 17 Sec. 22. Section 455D.12, subsection 3, Code 2013, is 18 amended by striking the subsection. 19 Sec. 23. Section 455D.15, subsection 2, Code 2013, is 20 amended by striking the subsection and inserting in lieu 21 thereof the following: 22 2. The fund shall be utilized by the department for 23 providing technical assistance to Iowa businesses in developing 24 and implementing pollution prevention techniques. 25 Sec. 24. Section 455D.15, subsection 3, Code 2013, is 26 amended by striking the subsection. 27 Sec. 25. Section 455E.8, subsections 2 and 3, Code 2013, are 28 amended by striking the subsections. 29 Sec. 26. REPEAL. Sections 455B.516, 455B.517, 455B.518, 30 455C.8, and 455C.15, Code 2013, are repealed. 31 EXPLANATION 32 This bill relates to pollution prevention and waste 33 management assistance. 34 The bill amends the waste management assistance provisions 35 -9- LSB 1196DP (6) 85 tm/nh 9/ 11

S.F. _____ H.F. _____ of Code chapter 455B by updating the waste management policy. 1 The bill includes reuse and combustion with energy recovery in 2 the pollution prevention hierarchy and removes incineration 3 from the hierarchy. 4 The bill includes a new definition for “pollution 5 prevention” and uses the term to replace “hazardous waste 6 management” and “waste reduction assistance”. The bill 7 eliminates references to hazardous waste throughout Code 8 chapter 455B, division IV, part 9, including duties of the 9 department and the environmental protection commission relating 10 to hazardous waste and the location, acquisition, and operation 11 of hazardous waste management facilities. 12 The bill eliminates certain definitions from Code chapter 13 455D for terms no longer used in the chapter. 14 Currently, the waste stream reduction goals include a 25 15 percent reduction by July 1, 1994, and 50 percent reduction by 16 July 1, 2000. The goals are based on the waste stream existing 17 as of July 1, 1988. The bill eliminates the references to July 18 1, 1994, and July 1, 2000, but retains the 25 and 50 percent 19 goals as intermediate and final goals. The bill eliminates 20 provisions related to the date-specific goals. The bill 21 eliminates mandatory solid waste management techniques for 22 planning areas that fail to meet the 25 percent reduction goal. 23 The bill eliminates many of the duties of the department in 24 relation to waste management and includes a new general duty to 25 implement the waste management policy. 26 The bill eliminates certain duties of the director of the 27 department of natural resources. The bill eliminates redundant 28 language relating to the duty of the director to receive moneys 29 for deposit in the waste reduction and recycling trust fund. 30 The bill eliminates duties including the providing of financial 31 assistance for certain waste reduction and recycling markets 32 and industries; the study of technology for the reclamation 33 and recycling of refrigerant; and the identification of 34 products made from recycled or recovered materials. The bill 35 -10- LSB 1196DP (6) 85 tm/nh 10/ 11

S.F. _____ H.F. _____ also eliminates certain expired deadlines and other outdated 1 requirements. 2 The bill eliminates two duties of the environmental 3 protection commission in relation to waste management policy. 4 The duties relate to budget requests and approval of certain 5 contracts and agreements. 6 The bill eliminates a duty of the commission to recommend 7 to the general assembly, annually, the imposition of waste 8 abatement fees, rebates, and deposits. 9 The bill eliminates certain municipal requirements related 10 to yard waste. The bill eliminates certain rules requirements 11 for composting related to economic impact statements. The bill 12 expands the definition of composting to include yard waste and 13 other organic materials. 14 The bill eliminates a requirement that the department 15 maintain a list of label codes for plastic containers. 16 The bill amends provisions related to the waste volume 17 reduction and recycling fund. The bill eliminates a 18 requirement that grants from the fund be awarded based on the 19 solid waste management hierarchy. The bill provides that the 20 fund shall be utilized for purposes of providing technical 21 assistance to Iowa businesses in developing and implementing 22 pollution prevention techniques. 23 The bill eliminates two duties of the director of the 24 department relating to groundwater reporting requirements. 25 The bill repeals Code sections 455B.516, 455B.517, and 26 455B.518, which relate to the toxics pollution prevention 27 program. The bill repeals Code section 455C.8, relating to the 28 prohibition against snap-top cans, and Code section 455C.15, 29 relating to the prohibition against plastic cans. 30 -11- LSB 1196DP (6) 85 tm/nh 11/ 11