Text: SF02412 Text: SF02414 Text: SF02400 - SF02499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 SENATE FILE 2413 1 2 1 3 AN ACT 1 4 RELATING TO EXEMPTIONS FROM AND REDUCTIONS IN SOLID WASTE 1 5 TONNAGE FEES FOR CERTAIN PERSONS AND THE INSTALLATION AND USE 1 6 OF SCALES BY SANITARY DISPOSAL PROJECTS. 1 7 1 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 9 1 10 Section 1. Section 455B.304, subsection 15, Code 1 11 Supplement 1997, is amended to read as follows: 1 12 15. The commission shall adopt rules which require all 1 13 sanitarylandfillsdisposal projects in which the tonnage fee 1 14 pursuant to section 455B.310 is imposed, to install scalesby1 15January 1, 1994and utilize these scales to calculate payment 1 16 of the tonnage fee. 1 17 Sec. 2. Section 455B.310, subsections 1, 2, 3, and 6, Code 1 18 1997, are amended to read as follows: 1 19 1. Except as provided in subsection 3, the operator of a 1 20 sanitary landfill shall pay a tonnage fee to the department 1 21 for each ton or equivalent volume of solid waste received and 1 22 disposed of at the sanitary landfill during the preceding 1 23 reporting period. The department shall determine by rule the 1 24 volume which is equivalent to a ton of waste. 1 25 2. The tonnage fee is four dollars and twenty-five cents 1 26 per ton of solid waste. 1 27 2A. If a sanitary landfill required to pay a tonnage fee 1 28 under this section has an updated comprehensive plan approved 1 29 by the department, the sanitary landfill operator shall 1 30 retain, in addition to the ninety-five cents retained pursuant 1 31 to subsection 2B, twenty-five cents of the tonnage fee per ton 1 32 of solid waste in the fiscal year beginning July 1, 1998, and 1 33 every year thereafter. In the fiscal year beginning July 1, 1 34 1999, and every year thereafter, any planning area which meets 1 35 the statewide average, as determined by the department on July 2 1 1, 1999, shall retain, in addition to the twenty-five cents 2 2 retained pursuant to this subsection, ten cents of the tonnage 2 3 fee per ton of solid waste regardless of whether the planning 2 4 area subsequently fails to meet the statewide average. Any 2 5 tonnage fees retained pursuant to this subsection shall be 2 6 used for waste reduction, recycling, or small business 2 7 pollution prevention purposes. Any tonnage fee retained 2 8 pursuant to this subsection shall be taken from that portion 2 9 of the tonnage fee which would have been allocated to funding 2 10 alternatives to landfills pursuant to section 455E.11, 2 11 subsection 2, paragraph "a", subparagraph (1). 2 12 2B.Of that amount, ninety-fiveNinety-five cents of the 2 13 tonnage fee shall be retained by a city, county, or public or 2 14 private agency and used as follows: 2 15 a. To meet comprehensive planning requirements of section 2 16 455B.306, the development of a closure or postclosure plan, 2 17 the development of a plan for the control and treatment of 2 18 leachate including the preparation of facility plans and 2 19 detailed plans and specifications, and the preparation of a 2 20 financial plan. 2 21 b. Forty-five cents of the retained funds shall be used 2 22 for implementing waste volume reduction and recycling 2 23 requirements of comprehensive plans filed under section 2 24 455B.306. The funds shall be distributed to a city, county, 2 25 or public agency served by the sanitary disposal project. 2 26 Fees collected by a private agency which provides for the 2 27 final disposal of solid waste shall be remitted to the city, 2 28 county, or public agency served by the sanitary disposal 2 29 project. However, if a private agency is designated to 2 30 develop and implement the comprehensive plan pursuant to 2 31 section 455B.306, fees under this paragraph shall be retained 2 32 by the private agency. 2 33 c. For other environmental protectionand compliance2 34 activities. 2 35 d. Each sanitary landfill owner or operator shall submit a 3 1 return to the department identifying the use of all fees 3 2 retained under thissubsectionsection including the manner in 3 3 which the fees were distributed. The return shall be 3 4 submitted concurrently with the return required under 3 5 subsection 5. 3 6 3. Solid waste disposal facilities with special provisions 3 7 which limit the site to disposal of construction and 3 8 demolition waste, landscape waste, coal combustion waste, 3 9 foundry sand, and solid waste materials approved by the 3 10 department for lining or capping, or for construction berms, 3 11 dikes, or roads in a sanitary disposal project or sanitary 3 12 landfill are exempt from the tonnage fees imposed under this 3 13 section. However, solid waste disposal facilities under this 3 14 subsection are subject to the fees imposed pursuant to section 3 15 455B.105, subsection 11, paragraph "a". Notwithstanding the 3 16 provisions of section 455B.105, subsection 11, paragraph "b", 3 17 the fees collected pursuant to this subsection shall be 3 18 deposited in the solid waste account as established in section 3 19 455E.11, subsection 2, paragraph "a", to be used by the 3 20 department for the regulation of these solid waste disposal 3 21 facilities. 3 22 6. A person required to pay fees by this section who fails 3 23 or refuses to pay the fees imposed by this section or who 3 24 fails or refuses to provide the return required by this 3 25 section shall be assessed a penalty of two percent of the fee 3 26 due for each month the fee or return is overdue. The penalty 3 27 shall be paid in addition to the fee due. 3 28 Sec. 3. Section 455D.3, subsection 3, Code 1997, is 3 29 amended to read as follows: 3 30 3. DEPARTMENTAL MONITORING. 3 31 a. By October 31, 1994, a planning area shall submit to 3 32 the department a solid waste abatement table which is updated 3 33 through June 30, 1994. By April 1, 1995, the department shall 3 34 report to the general assembly on the progress that has been 3 35 made by each planning area on attainment of the July 1, 1994, 4 1 twenty-five percent goal. 4 2 If at any time the department determines that a planning 4 3 area has met or exceeded the twenty-five percent goal, a 4 4 planning area shall subtract fifty cents from the total amount 4 5 of the tonnage fee imposed pursuant to section 455B.310,4 6subsection 2. The reduction in tonnage fees pursuant to this 4 7 paragraph shall be taken from that portion of the tonnage fees 4 8 which would have been allocated for funding alternatives to 4 9 landfills pursuant to section 455E.11, subsection 2, paragraph 4 10 "a", subparagraph (1). 4 11 If the department determines that a planning area has 4 12 failed to meet the July 1, 1994, twenty-five percent goal, the 4 13 planning area shall, at a minimum, implement the solid waste 4 14 management techniques as listed in subsection 4. Evidence of 4 15 implementation of the solid waste management techniques shall 4 16 be documented in subsequent comprehensive plans submitted to 4 17 the department. 4 18 b. By October 31, 2000, a planning area shall submit to 4 19 the department, a solid waste abatement table which is updated 4 20 through June 30, 2000. By April 1, 2001, the department shall 4 21 report to the general assembly on the progress that has been 4 22 made by each planning area on attainment of the July 1, 2000, 4 23 fifty percent goal. 4 24 If at any time the department determines that a planning 4 25 area has met or exceeded the fifty percent goal, the planning 4 26 area shall subtract fifty cents from the total amount of the 4 27 tonnage fee imposed pursuant to section 455B.310, subsection4 282. This amount shall be in addition to any amount subtracted 4 29 pursuant to paragraph "a" of this subsection. The reduction 4 30 in tonnage fees pursuant to this paragraph shall be taken from 4 31 that portion of the tonnage fees which would have been 4 32 allocated to funding alternatives to landfills pursuant to 4 33 section 455E.11, subsection 2, paragraph "a", subparagraph 4 34 (1). Except for fees required under subsection 4, paragraph 4 35 "a", a planning area failing to meet the fifty percent goal is 5 1 not required to remit any additional tonnage fees to the 5 2 department. 5 3 Sec. 4. The general assembly reiterates support for the 5 4 fifty percent waste stream reduction goal stated in section 5 5 455D.3. 5 6 Sec. 5. The department of natural resources is requested 5 7 to evaluate, assess, and suggest amendments to the design 5 8 standards and criteria for nonmunicipal solid waste landfills. 5 9 Sec. 6. The environmental protection division of the 5 10 department of natural resources is requested to implement a 5 11 permitting fee schedule for the administration of permits to 5 12 tonnage fee exempt foundry sand and coal combustion residue 5 13 disposal sites. 5 14 5 15 5 16 5 17 MARY E. KRAMER 5 18 President of the Senate 5 19 5 20 5 21 5 22 RON J. CORBETT 5 23 Speaker of the House 5 24 5 25 I hereby certify that this bill originated in the Senate and 5 26 is known as Senate File 2413, Seventy-seventh General Assembly. 5 27 5 28 5 29 5 30 MARY PAT GUNDERSON 5 31 Secretary of the Senate 5 32 Approved , 1998 5 33 5 34 5 35 6 1 TERRY E. BRANSTAD 6 2 Governor
Text: SF02412 Text: SF02414 Text: SF02400 - SF02499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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