Text: SF02400 Text: SF02402 Text: SF02400 - SF02499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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. 11A. "Municipal solid waste landfill" 1 4 means a sanitary landfill that is a discrete area of land or 1 5 an excavation that receives household waste, and that is not a 1 6 land application site, surface impoundment, injection well, or 1 7 waste pile, as those terms are defined under 40 C.F.R. part 1 8 257.2. A "municipal solid waste landfill" may also receive 1 9 other types of waste as defined under 40 C.F.R. subtitle D, 1 10 such as commercial solid waste, nonhazardous dry sludge, and 1 11 industrial solid waste. 1 12 Sec. 2. Section 455B.310, subsections 1, 2, and 3, Code 1 13 1997, are amended to read as follows: 1 14 1. Except as provided in subsection 3, the operator of a 1 15 sanitary landfill shall pay a tonnage fee to the department 1 16 for each ton or equivalent volume of solid waste received and 1 17 disposed of at the sanitary landfill during the preceding 1 18 reporting period. The department shall determine by rule the 1 19 volume which is equivalent to a ton of waste. 1 20 2. The tonnage fee is four dollars and twenty-five cents 1 21 per ton of solid waste. 1 22 2A. If a sanitary landfill required to pay a tonnage fee 1 23 under this section has an updated comprehensive plan approved 1 24 by the department, the sanitary landfill operator shall 1 25 retain, in addition to the ninety-nine cents retained pursuant 1 26 to subsection 2B, twenty-five cents of the tonnage fee per ton 1 27 of solid waste in the fiscal year beginning July 1, 1998, 1 28 fifty cents of the tonnage fee per ton of solid waste in the 1 29 fiscal year beginning July 1, 1999, seventy-five cents of the 1 30 tonnage fee per ton of solid waste in the fiscal year 1 31 beginning July 1, 2000, and one dollar of the tonnage fee per 1 32 ton of solid waste in the fiscal year beginning July 1, 2001, 1 33 and every year thereafter. Any tonnage fees retained pursuant 1 34 to this subsection shall be used for waste reduction and 1 35 recycling purposes. Any tonnage fee retained pursuant to this 2 1 subsection shall be taken from that portion of the tonnage fee 2 2 which would have been allocated to funding alternatives to 2 3 landfills pursuant to section 455E.11, subsection 2, paragraph 2 4 "a", subparagraph (1). Tonnage fees retained under this 2 5 subsection and section 455D.3, subsection 3, shall not exceed 2 6 a total of one dollar and seventy-five cents. 2 7 2B.Of that amount, ninety-fiveNinety-five cents of the 2 8 tonnage fee shall be retained by a city, county, or public or 2 9 private agency and used as follows: 2 10 a. To meet comprehensive planning requirements of section 2 11 455B.306, the development of a closure or postclosure plan, 2 12 the development of a plan for the control and treatment of 2 13 leachate including the preparation of facility plans and 2 14 detailed plans and specifications, and the preparation of a 2 15 financial plan. 2 16 b. Forty-five cents of the retained funds shall be used 2 17 for implementing waste volume reduction and recycling 2 18 requirements of comprehensive plans filed under section 2 19 455B.306. The funds shall be distributed to a city, county, 2 20 or public agency served by the sanitary disposal project. 2 21 Fees collected by a private agency which provides for the 2 22 final disposal of solid waste shall be remitted to the city, 2 23 county, or public agency served by the sanitary disposal 2 24 project. However, if a private agency is designated to 2 25 develop and implement the comprehensive plan pursuant to 2 26 section 455B.306, fees under this paragraph shall be retained 2 27 by the private agency. 2 28 c. For other environmental protection and compliance 2 29 activities. 2 30 d. Each sanitary landfill owner or operator shall submit a 2 31 return to the department identifying the use of all fees 2 32 retained under thissubsectionsection including the manner in 2 33 which the fees were distributed. The return shall be 2 34 submitted concurrently with the return required under 2 35 subsection 5. 3 1 3. Solid waste disposal facilities with special provisions 3 2 which limit the site to disposal of construction and 3 3 demolition waste, landscape waste, coal combustion waste, 3 4 foundry sand, and solid waste materials approved by the 3 5 department for lining or capping, or for construction berms, 3 6 dikes, or roads in a sanitary disposal project or sanitary 3 7 landfill are exempt from the tonnage fees imposed under this 3 8 section. However, solid waste disposal facilities under this 3 9 subsection are subject to the fees imposed pursuant to section 3 10 455B.105, subsection 11, paragraph "a". Notwithstanding the 3 11 provisions of section 455B.105, subsection 11, paragraph "b", 3 12 the fees collected pursuant to this subsection shall be used 3 13 by the department for the regulation of these solid waste 3 14 disposal facilities. 3 15 Sec. 3. Section 455D.3, subsection 3, Code 1997, is 3 16 amended to read as follows: 3 17 3. DEPARTMENTAL MONITORING. 3 18 a. By October 31, 1994, a planning area shall submit to 3 19 the department a solid waste abatement table which is updated 3 20 through June 30, 1994. By April 1, 1995, the department shall 3 21 report to the general assembly on the progress that has been 3 22 made by each planning area on attainment of the July 1, 1994, 3 23 twenty-five percent goal. 3 24 If at any time the department determines that a planning 3 25 area has met or exceeded the twenty-five percent goal, a 3 26 planning area shall subtract fifty cents from the total amount 3 27 of the tonnage fee imposed pursuant to section 455B.310,3 28subsection 2. The reduction in tonnage fees pursuant to this 3 29 paragraph shall be taken from that portion of the tonnage fees 3 30 which would have been allocated for funding alternatives to 3 31 landfills pursuant to section 455E.11, subsection 2, paragraph 3 32 "a", subparagraph (1). 3 33 If the department determines that a planning area has 3 34 failed to meet the July 1, 1994, twenty-five percent goal, the 3 35 planning area shall, at a minimum, implement the solid waste 4 1 management techniques as listed in subsection 4. Evidence of 4 2 implementation of the solid waste management techniques shall 4 3 be documented in subsequent comprehensive plans submitted to 4 4 the department. 4 5 b. By October 31, 2000, a planning area shall submit to 4 6 the department, a solid waste abatement table which is updated 4 7 through June 30, 2000. By April 1, 2001, the department shall 4 8 report to the general assembly on the progress that has been 4 9 made by each planning area on attainment of the July 1, 2000, 4 10 fifty percent goal. 4 11 If at any time the department determines that a planning 4 12 area has met or exceeded the fifty percent goal, the planning 4 13 area shall subtract fifty cents from the total amount of the 4 14 tonnage fee imposed pursuant to section 455B.310, subsection4 152. This amount shall be in addition to any amount subtracted 4 16 pursuant to paragraph "a" of this subsection. The reduction 4 17 in tonnage fees pursuant to this paragraph shall be taken from 4 18 that portion of the tonnage fees which would have been 4 19 allocated to funding alternatives to landfills pursuant to 4 20 section 455E.11, subsection 2, paragraph "a", subparagraph 4 21 (1). 4 22 Sec. 4. The general assembly reiterates support for the 4 23 fifty percent waste stream reduction goal stated in section 4 24 455D.3. 4 25 EXPLANATION 4 26 This bill provides for the retention of a portion of the 4 27 tonnage fee by a sanitary landfill operator if an updated, 4 28 comprehensive plan has been approved by the department. The 4 29 amount of tonnage fee which may be retained equals 25 cents in 4 30 the fiscal year beginning July 1, 1998, 50 cents in the fiscal 4 31 year beginning July 1, 1999, 75 cents in the fiscal year 4 32 beginning July 1, 2000, and $1 in the fiscal year beginning 4 33 July 1, 2001, and every year thereafter. Retained tonnage 4 34 fees must be used for waste reduction and recycling purposes. 4 35 Each sanitary landfill operator must submit a return to the 5 1 department identifying the use of all fees retained. The 5 2 total amount of tonnage fees which may be retained pursuant to 5 3 this new provision and pursuant to the waste reduction goal 5 4 incentives is $1.75. 5 5 The bill states the intent of the general assembly to 5 6 reiterate support for the 50 percent waste stream reduction 5 7 goal stated in Code section 455D.3. 5 8 LSB 3235SV 77 5 9 tm/cf/24
Text: SF02400 Text: SF02402 Text: SF02400 - SF02499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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