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