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Senate File 2401

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.  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-five Ninety-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 this subsection section 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 28 subsection 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, subsection
  4 15 2.  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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