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Senate File 2253

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 455B.301, Code 1997, is amended by
  1  2 adding the following new subsection:
  1  3    NEW SUBSECTION.  21.  "Transfer station" means a fixed or
  1  4 mobile intermediate sanitary disposal project for transferring
  1  5 loads of solid waste, with or without reduction of volume, to
  1  6 another transportation unit.
  1  7    Sec. 2.  Section 455B.304, subsection 15, Code Supplement
  1  8 1997, is amended to read as follows:
  1  9    15.  The commission shall adopt rules which require all
  1 10 sanitary landfills disposal projects in which the tonnage fee
  1 11 pursuant to section 455B.310 is imposed, to install scales by
  1 12 January 1, 1994.
  1 13    Sec. 3.  Section 455B.305A, subsection 1, unnumbered
  1 14 paragraph 1, Code 1997, is amended to read as follows:
  1 15    Prior to the siting of a proposed, new sanitary landfill,
  1 16 transfer station, incinerator, or infectious medical waste
  1 17 incinerator, a city, county, or private agency, shall submit a
  1 18 request for local siting approval to the city council or
  1 19 county board of supervisors which governs the city or county
  1 20 in which the proposed site is to be located.  The requirements
  1 21 of this section do not apply to the expansion of an existing
  1 22 sanitary landfill owned by a private agency which disposes of
  1 23 waste which the agency generates on property owned by the
  1 24 agency.  The city council or county board of supervisors shall
  1 25 approve or disapprove the site for each sanitary landfill,
  1 26 transfer station, or incinerator, or infectious medical waste
  1 27 incinerator.
  1 28    Sec. 4.  Section 455B.305A, subsection 2, unnumbered
  1 29 paragraph 1, Code 1997, is amended to read as follows:
  1 30    An applicant for siting approval shall submit information
  1 31 to the city council or county board of supervisors to
  1 32 demonstrate compliance with the requirements prescribed by
  1 33 this chapter regarding a sanitary landfill, transfer station,
  1 34 or infectious waste incinerator.  Siting approval shall be
  1 35 granted only if the proposed project meets all of the
  2  1 following criteria:
  2  2    Sec. 5.  Section 455B.310, subsections 1 and 2, Code 1997,
  2  3 are amended to read as follows:
  2  4    1.  a.  A tonnage fee is imposed on each ton of solid waste
  2  5 generated or landfilled in the state.  Operators of sanitary
  2  6 landfills and operators of transfer stations shall pay the
  2  7 tonnage fee as provided in this section.  The tonnage fee
  2  8 shall not be applied to the same solid waste more than once.
  2  9    b.  Except as provided in subsection 3, the operator of a
  2 10 sanitary landfill shall pay a tonnage fee to the department
  2 11 for each ton or equivalent volume of solid waste received and
  2 12 disposed of at the sanitary landfill during the preceding
  2 13 reporting period.  The department shall determine by rule the
  2 14 volume which is equivalent to a ton of waste.
  2 15    c.  The operator of a transfer station shall pay a tonnage
  2 16 fee to the department for each ton of solid waste received by
  2 17 the transfer station and transported from the transfer station
  2 18 during the preceding reporting period for landfilling in a
  2 19 sanitary landfill not paying the tonnage fee imposed under
  2 20 this section.
  2 21    2.  The tonnage fee is four dollars and twenty-five cents
  2 22 per ton of solid waste.  Of that amount, ninety-five cents of
  2 23 the tonnage fee shall be retained by a city, county, or public
  2 24 or private agency and used as follows:
  2 25    a.  To meet comprehensive planning requirements of section
  2 26 455B.306, the development of a closure or postclosure plan,
  2 27 the development of a plan for the control and treatment of
  2 28 leachate including the preparation of facility plans and
  2 29 detailed plans and specifications, and the preparation of a
  2 30 financial plan.
  2 31    b.  Forty-five cents of the retained funds shall be used
  2 32 for implementing waste volume reduction and recycling
  2 33 requirements of comprehensive plans filed under section
  2 34 455B.306.  The funds shall be distributed to a city, county,
  2 35 or public agency served by the sanitary disposal project.
  3  1 Fees collected by a private agency which provides for the
  3  2 final disposal of solid waste shall be remitted to the city,
  3  3 county, or public agency served by the sanitary disposal
  3  4 project.  However, if a private agency is designated to
  3  5 develop and implement the comprehensive plan pursuant to
  3  6 section 455B.306, fees under this paragraph shall be retained
  3  7 by the private agency.
  3  8    c.  For other environmental protection and compliance
  3  9 activities.
  3 10    d.  Each sanitary landfill or transfer station owner or
  3 11 operator shall submit a return to the department identifying
  3 12 the use of all fees retained under this subsection including
  3 13 the manner in which the fees were distributed.  The return
  3 14 shall be submitted concurrently with the return required under
  3 15 subsection 5.  
  3 16                           EXPLANATION
  3 17    This bill defines a solid waste transfer station as a type
  3 18 of sanitary disposal project for transferring loads of solid
  3 19 waste, with or without reduction in volume, to another
  3 20 transportation unit.  The bill adds transfer stations to the
  3 21 siting requirements which are currently in place for sanitary
  3 22 landfill and infectious waste incinerator projects.  The bill
  3 23 requires all sanitary disposal projects for which tonnage fees
  3 24 are imposed to install scales.  Currently, only sanitary
  3 25 landfills are required to install scales.
  3 26    The bill requires operators of sanitary landfills and
  3 27 transfer stations to pay a tonnage fee for each ton of solid
  3 28 waste generated or landfilled in the state.  The tonnage fee
  3 29 shall not be applied to the same solid waste more than once.
  3 30 The bill requires a tonnage fee to be paid by operators of
  3 31 transfer stations for solid waste received by the transfer
  3 32 station and transported for landfilling at a sanitary landfill
  3 33 not paying the tonnage fee.  Currently, only sanitary landfill
  3 34 operators pay a tonnage fee for solid waste received by the
  3 35 sanitary landfill.  
  4  1 LSB 3899SS 77
  4  2 tm/cf/24.1
     

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