Text: SSB02139                          Text: SSB02141
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Senate Study Bill 2140

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.  a.  Except as provided in subsection 3, the operator of
  1 15 a sanitary landfill which does not qualify under paragraph "b"
  1 16 shall pay a tonnage fee to the department for each ton or
  1 17 equivalent volume of solid waste received and disposed of at
  1 18 the sanitary landfill during the preceding reporting period.
  1 19 The department shall determine by rule the volume which is
  1 20 equivalent to a ton of waste.
  1 21    b.  The operator of a solid waste disposal facility with
  1 22 special provisions which limit the site to disposal of
  1 23 construction and demolition waste shall pay a tonnage fee to
  1 24 the department for each ton of construction and demolition
  1 25 waste received and disposed of at the disposal facility during
  1 26 the preceding reporting period.  An operator of a municipal
  1 27 solid waste landfill with an area of the landfill which has
  1 28 been designated exclusively for the disposal of construction
  1 29 and demolition waste on plans and specifications approved by
  1 30 the department shall be exempt through June 30, 2001, or for
  1 31 the permitted life of the designated area, whichever occurs
  1 32 first, from paying the tonnage fee provided for in this
  1 33 paragraph if the municipal solid waste landfill meets one of
  1 34 the following conditions:
  1 35    (1)  The area of the landfill, which has been designated
  2  1 exclusively for the disposal of construction and demolition
  2  2 waste based on plans and specifications approved by the
  2  3 department, was in operation on December 1, 1997.
  2  4    (2)  The area of the landfill, which has been designated
  2  5 exclusively for the disposal of construction and demolition
  2  6 waste based on plans and specifications approved by the
  2  7 department, was not in operation on December 1, 1997, but
  2  8 applied to the department for an exemption prior to December
  2  9 1, 1997.
  2 10    2.  The tonnage fee is four dollars and twenty-five cents
  2 11 per ton of solid waste.
  2 12    2A.  If a sanitary landfill required to pay a tonnage fee
  2 13 under this section has an updated comprehensive plan approved
  2 14 by the department, the sanitary landfill operator shall
  2 15 retain, in addition to the ninety-nine cents retained pursuant
  2 16 to subsection 2B, twenty-five cents of the tonnage fee per ton
  2 17 of solid waste in the fiscal year beginning July 1, 1998,
  2 18 fifty cents of the tonnage fee per ton of solid waste in the
  2 19 fiscal year beginning July 1, 1999, seventy-five cents of the
  2 20 tonnage fee per ton of solid waste in the fiscal year
  2 21 beginning July 1, 2000, and one dollar of the tonnage fee per
  2 22 ton of solid waste in the fiscal year beginning July 1, 2001,
  2 23 and every year thereafter.  Any tonnage fees retained pursuant
  2 24 to this subsection shall be used for waste reduction and
  2 25 recycling purposes.  Any tonnage fee retained pursuant to this
  2 26 subsection shall be taken from that portion of the tonnage fee
  2 27 which would have been allocated to funding alternatives to
  2 28 landfills pursuant to section 455E.11, subsection 2, paragraph
  2 29 "a", subparagraph (1).  Tonnage fees retained under this
  2 30 subsection and section 455D.3, subsection 3, shall not exceed
  2 31 a total of one dollar and seventy-five cents.
  2 32    2B.  Of that amount, ninety-five Ninety-five cents of the
  2 33 tonnage fee shall be retained by a city, county, or public or
  2 34 private agency and used as follows:
  2 35    a.  To meet comprehensive planning requirements of section
  3  1 455B.306, the development of a closure or postclosure plan,
  3  2 the development of a plan for the control and treatment of
  3  3 leachate including the preparation of facility plans and
  3  4 detailed plans and specifications, and the preparation of a
  3  5 financial plan.
  3  6    b.  Forty-five cents of the retained funds shall be used
  3  7 for implementing waste volume reduction and recycling
  3  8 requirements of comprehensive plans filed under section
  3  9 455B.306.  The funds shall be distributed to a city, county,
  3 10 or public agency served by the sanitary disposal project.
  3 11 Fees collected by a private agency which provides for the
  3 12 final disposal of solid waste shall be remitted to the city,
  3 13 county, or public agency served by the sanitary disposal
  3 14 project.  However, if a private agency is designated to
  3 15 develop and implement the comprehensive plan pursuant to
  3 16 section 455B.306, fees under this paragraph shall be retained
  3 17 by the private agency.
  3 18    c.  For other environmental protection and compliance
  3 19 activities.
  3 20    d.  Each sanitary landfill owner or operator shall submit a
  3 21 return to the department identifying the use of all fees
  3 22 retained under this subsection section including the manner in
  3 23 which the fees were distributed.  The return shall be
  3 24 submitted concurrently with the return required under
  3 25 subsection 5.
  3 26    3.  Solid waste disposal facilities with special provisions
  3 27 which limit the site to disposal of construction and
  3 28 demolition waste, landscape waste, coal combustion waste,
  3 29 foundry sand, and solid waste materials approved by the
  3 30 department for lining or capping, or for construction berms,
  3 31 dikes, or roads in a sanitary disposal project or sanitary
  3 32 landfill are exempt from the tonnage fees imposed under this
  3 33 section.  However, solid waste disposal facilities under this
  3 34 subsection are subject to the fees imposed pursuant to section
  3 35 455B.105, subsection 11, paragraph "a".  Notwithstanding the
  4  1 provisions of section 455B.105, subsection 11, paragraph "b",
  4  2 the fees collected pursuant to this subsection shall be used
  4  3 by the department for the regulation of these solid waste
  4  4 disposal facilities.
  4  5    Sec. 3.  Section 455D.3, subsection 3, Code 1997, is
  4  6 amended to read as follows:
  4  7    3.  DEPARTMENTAL MONITORING.
  4  8    a.  By October 31, 1994, a planning area shall submit to
  4  9 the department a solid waste abatement table which is updated
  4 10 through June 30, 1994.  By April 1, 1995, the department shall
  4 11 report to the general assembly on the progress that has been
  4 12 made by each planning area on attainment of the July 1, 1994,
  4 13 twenty-five percent goal.
  4 14    If at any time the department determines that a planning
  4 15 area has met or exceeded the twenty-five percent goal, a
  4 16 planning area shall subtract fifty cents from the total amount
  4 17 of the tonnage fee imposed pursuant to section 455B.310,
  4 18 subsection 2.  The reduction in tonnage fees pursuant to this
  4 19 paragraph shall be taken from that portion of the tonnage fees
  4 20 which would have been allocated for funding alternatives to
  4 21 landfills pursuant to section 455E.11, subsection 2, paragraph
  4 22 "a", subparagraph (1).
  4 23    If the department determines that a planning area has
  4 24 failed to meet the July 1, 1994, twenty-five percent goal, the
  4 25 planning area shall, at a minimum, implement the solid waste
  4 26 management techniques as listed in subsection 4.  Evidence of
  4 27 implementation of the solid waste management techniques shall
  4 28 be documented in subsequent comprehensive plans submitted to
  4 29 the department.
  4 30    b.  By October 31, 2000, a planning area shall submit to
  4 31 the department, a solid waste abatement table which is updated
  4 32 through June 30, 2000.  By April 1, 2001, the department shall
  4 33 report to the general assembly on the progress that has been
  4 34 made by each planning area on attainment of the July 1, 2000,
  4 35 fifty percent goal.
  5  1    If at any time the department determines that a planning
  5  2 area has met or exceeded the fifty percent goal, the planning
  5  3 area shall subtract fifty cents from the total amount of the
  5  4 tonnage fee imposed pursuant to section 455B.310, subsection
  5  5 2.  This amount shall be in addition to any amount subtracted
  5  6 pursuant to paragraph "a" of this subsection.  The reduction
  5  7 in tonnage fees pursuant to this paragraph shall be taken from
  5  8 that portion of the tonnage fees which would have been
  5  9 allocated to funding alternatives to landfills pursuant to
  5 10 section 455E.11, subsection 2, paragraph "a", subparagraph
  5 11 (1).
  5 12    Sec. 4.  The general assembly reiterates support for the
  5 13 fifty percent waste stream reduction goal stated in section
  5 14 455D.3.  
  5 15                           EXPLANATION
  5 16    This bill requires a tonnage fee to be paid by operators of
  5 17 solid waste disposal facilities which limit disposal to
  5 18 construction and demolition waste only.  The bill allows the
  5 19 exemption to continue through June 30, 2001, for certain
  5 20 municipal solid waste landfills with an area designated
  5 21 exclusively for the disposal of construction and demolition
  5 22 waste.
  5 23    The bill provides for the retention of a portion of the
  5 24 tonnage fee by a sanitary landfill operator if an updated,
  5 25 comprehensive plan has been approved by the department.  The
  5 26 amount of tonnage fee which may be retained equals 25 cents in
  5 27 the fiscal year beginning July 1, 1998, 50 cents in the fiscal
  5 28 year beginning July 1, 1999, 75 cents in the fiscal year
  5 29 beginning July 1, 2000, and $1 in the fiscal year beginning
  5 30 July 1, 2001, and every year thereafter.  Retained tonnage
  5 31 fees must be used for waste reduction and recycling purposes.
  5 32 Each sanitary landfill operator must submit a return to the
  5 33 department identifying the use of all fees retained.  The
  5 34 total amount of tonnage fees which may be retained pursuant to
  5 35 this new provision and pursuant to the waste reduction goal
  6  1 incentives is $1.75.
  6  2    The bill states the intent of the general assembly to
  6  3 reiterate support for the 50 percent waste stream reduction
  6  4 goal stated in Code section 455D.3.  
  6  5 LSB 3235IC 77
  6  6 tm/cf/24.1
     

Text: SSB02139                          Text: SSB02141
Text: SSB02100 - SSB02199               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index

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