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 directoraone of two types of comprehensiveplanplans 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.AExcept 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