Senate File 249 - Introduced



                                       SENATE FILE       
                                       BY  LUNDBY


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

                                      A BILL FOR

  1 An Act relating to sanitary disposal projects and sanitary
  2    landfills, by prohibiting the siting of a landfill within
  3    three miles of a city's boundaries without city approval and
  4    providing an effective date.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  6 TLSB 2267SS 81
  7 eg/gg/14

PAG LIN



  1  1    Section 1.  Section 455B.305, subsection 1, unnumbered
  1  2 paragraph 1, Code 2005, is amended to read as follows:
  1  3    The director shall issue, revoke, suspend, modify, or deny
  1  4 permits for the construction and operation of sanitary
  1  5 disposal projects.  The director shall not issue a permit for
  1  6 the construction or operation of a sanitary disposal project
  1  7 sited within three miles of a city's boundaries unless such
  1  8 city approves the siting.
  1  9    Sec. 2.  Section 455B.305A, subsection 1, unnumbered
  1 10 paragraph 1, Code 2005, is amended to read as follows:
  1 11    Prior to the siting of a proposed, new sanitary landfill,
  1 12 incinerator, or infectious medical waste incinerator, a city,
  1 13 county, or private agency, shall submit a request for local
  1 14 siting approval to the city council or county board of
  1 15 supervisors which governs the city or county in which the
  1 16 proposed site is to be located.  The requirements of this
  1 17 section do not apply to the expansion of an existing sanitary
  1 18 landfill owned by a private agency which disposes of waste
  1 19 which the agency generates on property owned by the agency.
  1 20 The city council or county board of supervisors shall approve
  1 21 or disapprove the site for each sanitary landfill, or
  1 22 incinerator, or infectious medical waste incinerator.
  1 23 However, a sanitary landfill shall not be sited within three
  1 24 miles of a city's boundaries unless such city approves the
  1 25 siting.
  1 26                           EXPLANATION
  1 27    This bill prohibits the location of a landfill within three
  1 28 miles of a city's boundaries, unless the affected city
  1 29 consents to the location.
  1 30 LSB 2267SS 81
  1 31 eg:nh/gg/14