House File 2175

                                       HOUSE FILE       
                                       BY  JONES


    Passed House, Date                Passed Senate,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to sanitary landfills, including closure and
  2    postclosure accounts maintained by sanitary landfills and
  3    tonnage fees paid by sanitary landfills.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 5969HH 80
  6 tm/sh/8

PAG LIN

  1  1    Section 1.  Section 455B.306, subsection 8, paragraph b,
  1  2 Code 2003, is amended to read as follows:
  1  3    b.  The operator shall maintain closure, and postclosure
  1  4 cash, and postclosure operating accounts.  The commission
  1  5 shall adopt by rule the amounts to be contributed to the
  1  6 accounts based upon the amount of solid waste received by the
  1  7 facility.  The accounts established shall be specific to the
  1  8 facility.
  1  9    (1)  Money in the accounts shall not be assigned for the
  1 10 benefit of creditors with the exception of the state.
  1 11    (2)  Money in an account shall not be used to pay any final
  1 12 judgment against a licensee arising out of the ownership or
  1 13 operation of the site during its active life or after closure.
  1 14    (3)  Moneys in a postclosure cash account shall only be
  1 15 expended upon approval by the department.
  1 16    (4)  Conditions under which the department may gain access
  1 17 to the accounts and circumstances under which the accounts may
  1 18 be released to the operator after closure and postclosure
  1 19 responsibilities have been met, shall be established by the
  1 20 commission.
  1 21    Sec. 2.  Section 455E.11, subsection 2, paragraph a,
  1 22 subparagraph (1), subparagraph subdivision (c), Code
  1 23 Supplement 2003, is amended to read as follows:
  1 24    (c)  The remaining funds shall be used by the department to
  1 25 develop and implement demonstration projects for landfill
  1 26 alternatives to solid waste disposal including recycling
  1 27 programs returned to the sanitary landfills that paid the
  1 28 tonnage fees to the department on a proportionate basis,
  1 29 unless directed otherwise by the sanitary landfill.
  1 30                           EXPLANATION
  1 31    This bill relates to sanitary landfills.
  1 32    The bill requires a sanitary landfill operator to maintain
  1 33 closure, postclosure cash, and postclosure operating accounts.
  1 34 Currently, only closure and postclosure accounts are required.
  1 35 The bill provides that moneys in a postclosure cash account
  2  1 shall only be expended upon approval by the department of
  2  2 natural resources.
  2  3    Currently, a tonnage fee is paid by the operator of a
  2  4 sanitary landfill to the department of natural resources for
  2  5 each ton or equivalent volume of solid waste received and
  2  6 disposed of at the sanitary landfill during the preceding
  2  7 reporting period.  The tonnage fees are deposited in the solid
  2  8 waste account of the groundwater protection fund and allocated
  2  9 for a number of sanitary landfill=related purposes.  After all
  2 10 the allocations are made, the remaining moneys are used by the
  2 11 department to develop and implement demonstration projects for
  2 12 landfill alternatives to solid waste disposal, including
  2 13 recycling programs.  The bill provides that the remaining
  2 14 funds shall be returned to the sanitary landfills that paid
  2 15 the tonnage fees to the department on a proportionate basis,
  2 16 unless directed otherwise by the sanitary landfill.
  2 17 LSB 5969HH 80
  2 18 tm/sh/8