House File 170 - Introduced



                                       HOUSE FILE       
                                       BY  SWAIM


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

                                      A BILL FOR

  1 An Act relating to the disposal of solid waste by planning areas
  2    and related solid waste management plans and reports.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1840HH 81
  5 tm/gg/14

PAG LIN



  1  1    Section 1.  Section 455B.305, Code 2005, is amended by
  1  2 adding the following new subsection:
  1  3    NEW SUBSECTION.  7.  The director shall not issue or renew
  1  4 a permit for a transfer station operating as part of an
  1  5 agreement between two planning areas pursuant to section
  1  6 455B.306, subsection 1A, until the applicant, in conjunction
  1  7 with all local governments using the transfer station,
  1  8 documents that alternative methods of solid waste disposal
  1  9 other than final disposal in a sanitary landfill have been
  1 10 implemented as set forth in the plan filed pursuant to section
  1 11 455B.306.
  1 12    Sec. 2.  Section 455B.306, subsection 1, unnumbered
  1 13 paragraph 1, Code 2005, is amended to read as follows:
  1 14    A city, county, and a private agency operating or planning
  1 15 to operate a sanitary disposal project shall file with the
  1 16 director a one of two types of comprehensive plan plans
  1 17 detailing the method by which the city, county, or private
  1 18 agency will comply with this part 1.  The first type is a
  1 19 comprehensive plan in which solid waste is disposed of in a
  1 20 sanitary landfill within the planning area.  The second type
  1 21 is a comprehensive plan in which all solid waste is
  1 22 consolidated at and transported from a transfer station for
  1 23 disposal at a sanitary landfill in another comprehensive
  1 24 planning area.
  1 25    PARAGRAPH DIVIDED.  All cities and counties shall also file
  1 26 with the director a comprehensive plan detailing the method by
  1 27 which the city or county will comply with the requirements of
  1 28 section 455B.302 to establish and implement a comprehensive
  1 29 solid waste reduction program for its residents.
  1 30    Sec. 3.  Section 455B.306, Code 2005, is amended by adding
  1 31 the following new subsection:
  1 32    NEW SUBSECTION.  1A.  A planning area that closes all of
  1 33 the municipal solid waste sanitary landfills located in the
  1 34 planning area and chooses to use a municipal solid waste
  1 35 sanitary landfill in another planning area that complies with
  2  1 all requirements under subtitle D of the federal Resource
  2  2 Conservation and Recovery Act, with all solid waste generated
  2  3 within the planning area being consolidated at and transported
  2  4 from a permitted transfer station, may elect to retain
  2  5 autonomy as a planning area and shall not be required to join
  2  6 the planning area where the landfill being used for final
  2  7 disposal of solid waste is located.  If a planning area makes
  2  8 the election under this subsection, the planning area
  2  9 receiving the solid waste from the planning area making the
  2 10 election shall not be required to include the planning area
  2 11 making the election in a comprehensive plan provided no
  2 12 services are shared between the two planning areas other than
  2 13 the acceptance of solid waste for sanitary landfill.  The
  2 14 planning area receiving the solid waste shall only be
  2 15 responsible for the permitting, planning, and waste reduction
  2 16 and diversion programs in the planning area receiving the
  2 17 solid waste.  If the department determines that solid waste
  2 18 cannot reasonably be consolidated and transported from a
  2 19 particular transfer station, the department may establish
  2 20 permit conditions to address the transport and disposal of the
  2 21 solid waste.  An election may be made under this subsection
  2 22 only if the two comprehensive planning areas enter into an
  2 23 agreement pursuant to chapter 28E that includes, at a minimum,
  2 24 all of the following:
  2 25    a.  A detailed methodology of the manner in which solid
  2 26 waste will be tracked and reported between the two planning
  2 27 areas.
  2 28    b.  A detailed methodology of the manner in which the
  2 29 receiving sanitary landfill will collect, remit, and report
  2 30 tonnage fees, pursuant to section 455B.310, paid by the
  2 31 planning area that is transporting the solid waste.  The
  2 32 methodology shall include both the remittances of tonnage fees
  2 33 to the state and the retained tonnage fees.
  2 34    Sec. 4.  Section 455B.306, subsection 6, paragraph e, Code
  2 35 2005, is amended to read as follows:
  3  1    e.  A description of the planning area and service area to
  3  2 be served by the city, county, or private agency under the
  3  3 comprehensive plan.  A Except as provided in subsection 1A, a
  3  4 comprehensive plan shall not include a planning area or
  3  5 service area, any part of which is included in another
  3  6 comprehensive plan.
  3  7    Sec. 5.  Section 455B.310, subsection 4, paragraph d, Code
  3  8 2005, is amended to read as follows:
  3  9    d.  Each sanitary landfill owner or operator shall submit a
  3 10 return to the department identifying the use of all fees
  3 11 retained under this section including the manner in which the
  3 12 fees were distributed.  A planning area entering into an
  3 13 agreement pursuant to section 455B.306, subsection 1A, shall
  3 14 submit such information to the department and a planning area
  3 15 receiving the solid waste under such an agreement shall, in
  3 16 addition, submit evidence to the department demonstrating that
  3 17 required retained fees were returned in a timely manner to
  3 18 other planning areas under the agreement.  The return shall be
  3 19 submitted concurrently with the return required under
  3 20 subsection 7.
  3 21    Sec. 6.  Section 455B.310, subsection 7, Code 2005, is
  3 22 amended to read as follows:
  3 23    7.  Fees imposed by this section shall be paid to the
  3 24 department on a quarterly basis with payment due by no more
  3 25 than ninety days following the quarter during which the fees
  3 26 were collected.  The payment shall be accompanied by a return
  3 27 which shall identify the amount of fees to be allocated to the
  3 28 landfill alternative financial assistance program, the amount
  3 29 of fees, in terms of cents per ton, retained for meeting waste
  3 30 reduction and recycling goals under section 455D.3, and
  3 31 additional fees imposed for failure to meet the twenty=five
  3 32 percent waste reduction and recycling goal under section
  3 33 455D.3.  Sanitary landfills serving more than one planning
  3 34 area shall submit separate reports for each planning area.
  3 35                           EXPLANATION
  4  1    This bill relates to the disposal of solid waste by
  4  2 planning areas and related solid waste management plans and
  4  3 reports.
  4  4    The bill provides that a planning area that closes all of
  4  5 the municipal solid waste sanitary landfills located in the
  4  6 planning area and chooses to use a municipal solid waste
  4  7 sanitary landfill that is in compliance with applicable
  4  8 federal regulations, with all solid waste generated within the
  4  9 planning area being consolidated at and transported from a
  4 10 permitted transfer station, may elect to retain autonomy as a
  4 11 planning area and shall not be required to join the planning
  4 12 area where the landfill being used for final disposal of solid
  4 13 waste is located.  The bill provides that, if a planning area
  4 14 makes the election to retain autonomy, the planning area
  4 15 receiving the solid waste from the planning area making the
  4 16 election shall not be required to include the planning area
  4 17 making the election in a comprehensive plan provided no
  4 18 services are shared between the two planning areas other than
  4 19 the acceptance of solid waste for landfill and shall only be
  4 20 responsible for the permitting, planning, and waste reduction
  4 21 and diversion programs in the home planning area.  The bill
  4 22 provides that, if the department of natural resources
  4 23 determines that solid waste cannot reasonably be consolidated
  4 24 and transported from a particular transfer station, the
  4 25 department may establish permit conditions to address the
  4 26 transport and disposal of the solid waste.  The bill provides
  4 27 that an election to remain autonomous may be made only if the
  4 28 two comprehensive planning areas enter into an agreement that
  4 29 includes, at minimum, methodologies for tracking solid waste
  4 30 and for the collection, remittance, and reporting of tonnage
  4 31 fees.
  4 32    The bill provides that the director of the department of
  4 33 natural resources shall not issue or renew a permit for a
  4 34 transfer station operating under an agreement between two
  4 35 planning areas until the applicant, in conjunction with all
  5  1 local governments using the transfer station, documents that
  5  2 alternative methods of solid waste disposal other than final
  5  3 disposal in a sanitary landfill have been implemented as set
  5  4 forth in a comprehensive plan.
  5  5    The bill allows for two types of comprehensive plans for
  5  6 complying with solid waste management requirements.  The bill
  5  7 provides that the first type is a comprehensive plan in which
  5  8 solid waste is disposed of in a sanitary landfill within the
  5  9 planning area and the second type is a comprehensive plan in
  5 10 which all solid waste is consolidated at and transported from
  5 11 a transfer station for disposal at a sanitary landfill in
  5 12 another comprehensive planning area.
  5 13    The bill provides that any planning area that is part of an
  5 14 agreement between planning areas for the acceptance of solid
  5 15 waste for sanitary landfill shall submit such information to
  5 16 the department and a planning area receiving the solid waste
  5 17 under such an agreement shall, in addition, submit evidence to
  5 18 the department demonstrating that required retained fees were
  5 19 returned in a timely manner to other planning areas under the
  5 20 agreement.
  5 21    The bill provides that a sanitary landfill serving more
  5 22 than one planning area must submit separate reports for each
  5 23 planning area.
  5 24 LSB 1840HH 81
  5 25 tm:rj/gg/14