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Senate File 2413

Partial Bill History

Bill Text

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 sanitary landfills disposal projects in which the tonnage fee
  1 14 pursuant to section 455B.310 is imposed, to install scales by
  1 15 January 1, 1994 and 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-five Ninety-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 protection and compliance
  2 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 this subsection section 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  6 subsection 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, subsection
  4 28 2.  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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