Text: SSB02139 Text: SSB02141 Text: SSB02100 - SSB02199 Text: SSB 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. 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-fiveNinety-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 thissubsectionsection 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 ofconstruction and3 28demolition 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 18subsection 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, subsection5 52. 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
© 1998 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Wed Feb 18 03:44:44 CST 1998
URL: /DOCS/GA/77GA/Legislation/SSB/02100/SSB02140/980217.html
jhf