Text: HF02130 Text: HF02132 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 455B.302, unnumbered paragraph 2, Code
1 2 1995, is amended to read as follows:
1 3 Cities and counties may execute with public and private
1 4 agencies contracts, leases, or other necessary instruments,
1 5 purchase land and do all things necessary not prohibited by
1 6 law for the implementation of waste management programs,
1 7 collection of solid waste, establishment and operation of
1 8 sanitary disposal projects, and general administration of the
1 9 same. Any agreement executed with a private agency for the
1 10 operation of a sanitary disposal project shall provide for the
1 11 posting of a sufficient surety bond by the private agency
1 12 conditioned upon the faithful performance of the agreement. A
1 13 city or county may at any time during regular working hours
1 14 enter upon the premises of a sanitary disposal project,
1 15 including the premises of a sanitary landfill, in order to
1 16 inspect the premises and monitor the operations and general
1 17 administration of the project to ensure compliance with the
1 18 agreement and with state and federal laws. This includes the
1 19 right of the city or county to enter upon the premises of a
1 20 former sanitary disposal project which has been closed,
1 21 including the premises of a former sanitary landfill, owned by
1 22 a private agency, for the purpose of providing required
1 23 postclosure care. In addition, at any time, a city or county
1 24 may inspect the unloading of solid waste at a sanitary
1 25 disposal project, including the premises of a sanitary
1 26 landfill, in order to monitor the nature of materials disposed
1 27 of to ensure that the disposal is authorized by state and
1 28 federal law.
1 29 Sec. 2. NEW SECTION. 455B.310A OPTIONAL TONNAGE FEES
1 30 IMPOSED BY A COUNTY &endash; PENALTY.
1 31 In a county in which a sanitary landfill is located, the
1 32 county may charge the operator of a motor vehicle which
1 33 transports solid waste to the sanitary landfill with a tonnage
1 34 fee for each ton or equivalent volume of solid waste received
1 35 and disposed of at the sanitary landfill. The operator of a
2 1 sanitary landfill shall provide a county imposing a fee with
2 2 information necessary to assess the fee. Moneys collected
2 3 from the tonnage fee authorized by this section shall be paid
2 4 exclusively to the county and shall be deposited in the county
2 5 general fund. If a person required to pay fees by this
2 6 section fails or refuses to pay the fees imposed under this
2 7 section, the county may assess a penalty of up to two percent
2 8 of the fee due for each month the fee is overdue and the
2 9 operator of the sanitary landfill shall refuse to accept solid
2 10 waste for disposal from the person. The penalty shall be paid
2 11 in addition to the fee due. The county shall notify the
2 12 operator of the sanitary landfill when a person fails or
2 13 refuses to pay the fees imposed under this section.
2 14 Sec. 3. EFFECTIVE DATE. This Act, being deemed of
2 15 immediate importance, takes effect upon enactment.
2 16 EXPLANATION
2 17 This bill expands the authority of counties with respect to
2 18 the disposal of solid waste.
2 19 Section 1 of the bill authorizes a city or county to
2 20 inspect the unloading of solid waste at any time to ensure
2 21 that only materials authorized by state and federal law are
2 22 disposed of at a sanitary disposal project or sanitary
2 23 landfill.
2 24 Section 2 provides that in a county in which a sanitary
2 25 landfill is located, the county may charge the operator of a
2 26 motor vehicle which transports solid waste to the sanitary
2 27 landfill with a tonnage fee on solid waste disposed of at the
2 28 landfill. The bill requires the operator of a sanitary
2 29 landfill to provide information necessary to assess the fee.
2 30 Moneys collected from the tonnage fee shall be paid
2 31 exclusively to the county and shall be deposited in the county
2 32 general fund. Under the bill, the county may assess a penalty
2 33 of up to 2 percent of the fees due for each month the fee is
2 34 overdue and the operator of the sanitary landfill shall refuse
2 35 to accept solid waste for disposal from a person who fails or
3 1 refuses to pay fees. The county shall notify the operator of
3 2 the sanitary landfill when a person fails or refuses to pay
3 3 the fees imposed by the bill.
3 4 The bill takes effect upon enactment.
3 5 LSB 3815HH 76
3 6 kah/jj/8
Text: HF02130 Text: HF02132 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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