Text: S03500 Text: S03502 Text: S03500 - S03599 Text: S Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend Senate File 390 as follows: 1 2 #1. By striking everything after the enacting 1 3 clause and inserting the following: 1 4 "Section 1. Section 455B.305A, subsection 1, Code 1 5 1997, is amended to read as follows: 1 6 1. Prior to the siting of a proposed, new sanitary 1 7 landfill, sanitary landfill expansion, incinerator, or 1 8 infectious medical waste incinerator, a city, county, 1 9 or private agency, shall submit a request for local 1 10 siting approval to the city council or county board of 1 11 supervisors which governs the city or county in which 1 12 the proposed site is to be located.The requirements1 13of this section do not apply to the expansion of an1 14existing sanitary landfill owned by a private agency1 15which disposes of waste which the agency generates on1 16property owned by the agency.The city council or 1 17 county board of supervisors shall approve or 1 18 disapprove the site for each sanitary landfill, or 1 19 incinerator, or infectious medical waste incinerator. 1 20 Prior to the siting of a proposed new sanitary 1 21 landfill, sanitary landfill expansion, or incinerator 1 22 by a private agency disposing of waste which the 1 23 agency generates on property owned by the agency which 1 24 is located outside of the city limits and for which no 1 25 county zoning ordinance exists, the private agency 1 26 shall cause written notice of the proposal, including 1 27 the nature of the proposed facility, and the right of 1 28 the owner to submit a petition for formal siting of 1 29 the proposed site, to be served either in person or by 1 30 mail on the owners and residents of all property 1 31 within two miles in each direction of the proposed 1 32 local site area. The owners shall be identified based 1 33 upon the authentic tax records of the county in which 1 34 the proposed site is to be located. The private 1 35 agency shall notify the county board of supervisors 1 36 which governs the county in which the site is to be 1 37 located of the proposed siting, and certify that 1 38 notices have been mailed to owners and residents of 1 39 the impacted area. Written notice shall be published 1 40 in the official newspaper, as selected by the county 1 41 board of supervisors pursuant to section 349.1, of the 1 42 county in which the site is located. The notice shall 1 43 state the name and address of the applicant, the 1 44 location of the proposed site, the nature and size of 1 45 the development, the nature of the activity proposed, 1 46 the probable life of the proposed activity, and a 1 47 description of the right of persons to comment on the 1 48 request. If two hundred fifty or a minimum of twenty 1 49 percent, whichever is less, of the owners and 1 50 residents of property notified submit a petition for 2 1 formal review to the county board of supervisors or if 2 2 the county board of supervisors, on the board's own 2 3 motion, requires formal review of the proposed siting, 2 4 the private agency proposal is subject to the formal 2 5 siting procedures established pursuant to this 2 6 section. 2 7 Sec. 2. Section 455B.305A, Code 1997, is amended 2 8 by adding the following new subsections: 2 9 NEW SUBSECTION. 11. The requirements of this 2 10 section apply to the expansion of an existing sanitary 2 11 landfill owned by a private agency which disposes of 2 12 waste which the agency generates on property owned or 2 13 leased by the agency on or after July 1, 1996. 2 14 NEW SUBSECTION. 12. Any permit issued by the 2 15 department on or after July 1, 1996, for expansion of 2 16 an existing sanitary landfill owned by a private 2 17 agency which disposes of waste which the agency 2 18 generates on property owned or leased by the agency, 2 19 and which did not comply with the requirements of this 2 20 section before obtaining a permit shall be null and 2 21 void. A private agency may reapply for a permit for 2 22 expansion of an existing sanitary landfill in 2 23 accordance with the provisions of this section. 2 24 Sec. 3. From July 1, 1997, until December 31, 2 25 1997, both of the following shall occur: 2 26 1. Under section 455B.310, subsection 2, 2 27 unnumbered paragraph 1, Code 1997, one dollar and five 2 28 cents of the tonnage fee imposed shall be retained by 2 29 a city, county, or public or private agency, instead 2 30 of the ninety-five cents currently retained. The 2 31 additional ten cents retained pursuant to this section 2 32 shall be used in accordance with section 455B.310, 2 33 subsection 2, paragraph "b". The reduction in tonnage 2 34 fees pursuant to this section shall be taken from that 2 35 portion of the tonnage fees which would have been 2 36 allocated for funding alternatives to landfills 2 37 pursuant to section 455E.11, subsection 2, paragraph 2 38 "a", subparagraph (1). 2 39 2. Under section 455D.3, subsection 3, paragraph 2 40 "a", unnumbered paragraph 2, Code 1997, if the 2 41 department determines that a planning area has met or 2 42 exceeded the twenty-five percent goal, a planning area 2 43 shall retain twenty-five cents of the tonnage fee 2 44 imposed pursuant to section 455B.310, subsection 2, in 2 45 addition to the current fifty cents subtracted. Moneys 2 46 subtracted under section 455D.3, subsection 3, 2 47 paragraph "a", unnumbered paragraph 2, Code 1997, and 2 48 retained pursuant to this subsection, shall be used 2 49 for implementing waste reduction and recycling 2 50 requirements of comprehensive plans filed under 3 1 section 455B.306. The reduction in tonnage fees 3 2 pursuant to this section shall be taken from that 3 3 portion of the tonnage fees which would have been 3 4 allocated for funding alternatives to landfills 3 5 pursuant to section 455E.11, subsection 2, paragraph 3 6 "a", subparagraph (1). 3 7 Sec. 4. The legislative council is requested to 3 8 establish an interim committee to meet three times to 3 9 conduct a comprehensive review of the goals, 3 10 regulation, reporting, and status of statewide efforts 3 11 to reduce and recycle solid waste. The review shall 3 12 include, but not be limited to, an evaluation of the 3 13 effectiveness of statewide goals for waste stream 3 14 reduction, incentives, and penalties used to encourage 3 15 planning areas to meet the waste stream reduction 3 16 goals, recycling programs, tonnage fees, and programs 3 17 funded by tonnage fees. The committee shall submit a 3 18 report of its findings and recommendations to the 3 19 general assembly by December 15, 1997. 3 20 Sec. 5. Sections 1 and 2 of this Act apply 3 21 retroactively to July 1, 1996, with respect to the 3 22 expansion of an existing sanitary landfill owned by a 3 23 private agency." 3 24 #2. Title page, line 2, by inserting after the 3 25 words "landfills and" the following: ", the 3 26 regulation of sanitary landfills, and including a 3 27 retroactive applicability provision". 3 28 #3. By renumbering as necessary. 3 29 3 30 3 31 3 32 PATTY JUDGE 3 33 3 34 3 35 3 36 MERLIN E. BARTZ 3 37 SF 390.504 77 3 38 tm/jw/28
Text: S03500 Text: S03502 Text: S03500 - S03599 Text: S Index Bills and Amendments: General Index Bill History: General Index
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