Senate
Study
Bill
3041
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
DEPARTMENT
OF
NATURAL
RESOURCES
BILL)
A
BILL
FOR
An
Act
relating
to
programs
within
the
department
of
natural
1
resources,
including
specifications
of
procedures
relating
2
to
solid
waste
disposal
and
the
repeal
of
the
state
3
interagency
Missouri
river
authority
and
the
mercury-free
4
recycling
Act.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
6
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Section
1.
Section
455B.301,
subsection
14,
Code
2022,
is
1
amended
to
read
as
follows:
2
14.
“Lifetime
of
the
project”
means
the
projected
period
of
3
years
that
a
sanitary
landfill
will
receive
waste,
from
the
4
time
of
opening
until
closure,
based
on
the
volume
of
waste
to
5
be
received
projected
at
the
time
of
submittal
of
the
initial
6
project
plan
and
the
calculated
refuse
capacity
of
the
sanitary
7
landfill
based
upon
the
design
of
the
project.
8
Sec.
2.
Section
455B.303,
subsections
2
and
3,
Code
2022,
9
are
amended
to
read
as
follows:
10
2.
Local
boards
of
health
shall
cooperate
in
the
enforcement
11
of
the
provisions
of
said
this
part
and
the
director
may
seek
12
their
aid
and
delegate
administrative
duties
of
the
department
13
to
the
local
boards
of
health
in
matters
relating
to
solid
14
waste
,
refuse
disposal
plants,
and
sanitary
disposal
projects.
15
3.
The
director
may
issue,
modify,
or
deny
variances
waivers
16
from
the
rules
of
the
commission.
The
applicant
may
appeal
the
17
decision
of
the
director
to
the
commission.
18
Sec.
3.
Section
455B.304,
subsections
4,
5,
6,
7,
11,
13,
19
and
14,
Code
2022,
are
amended
to
read
as
follows:
20
4.
The
commission
shall
adopt
rules
requiring
that
each
21
sanitary
disposal
project
landfill
established
pursuant
to
22
section
455B.302
and
permitted
pursuant
to
section
455B.305
23
install
and
maintain
a
sufficient
number
of
groundwater
24
monitoring
wells
to
adequately
determine
the
quality
of
the
25
groundwater
and
the
impact
the
sanitary
disposal
project
26
landfill
,
if
any,
is
having
on
the
groundwater
adjacent
to
the
27
sanitary
disposal
project
site
landfill
.
28
5.
The
commission
shall
adopt
rules
requiring
a
schedule
29
of
monitoring
of
the
quality
of
groundwater
adjacent
to
the
30
a
sanitary
disposal
project
landfill
from
the
groundwater
31
monitoring
wells
installed
in
accordance
with
this
section
32
during
the
period
the
sanitary
disposal
project
landfill
33
is
in
use.
Schedules
of
monitoring
may
be
varied
in
34
consideration
of
the
types
of
sanitary
disposal
practices,
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hydrologic
and
geologic
conditions,
construction
and
operation
1
characteristics,
and
volumes
and
types
of
wastes
handled
at
the
2
sanitary
disposal
project
site
landfill
.
3
6.
The
commission
shall,
by
rule,
require
continued
4
monitoring
of
groundwater
pursuant
to
this
section
for
a
period
5
of
thirty
years
after
the
sanitary
disposal
project
is
closed.
6
The
commission
may
prescribe
a
lesser
period
of
monitoring
7
duration
and
frequency
in
consideration
of
the
potential
or
8
lack
thereof
for
groundwater
contamination
from
the
a
sanitary
9
disposal
project
landfill
.
The
commission
may
extend
the
10
thirty-year
monitoring
period
on
a
site-specific
basis
by
11
adopting
rules
specifically
addressing
additional
monitoring
12
requirements
for
each
sanitary
disposal
project
for
which
the
13
monitoring
period
is
to
be
extended.
14
7.
The
commission
shall
adopt
rules
which
that
may
require
15
the
installation
of
shafts
to
relieve
the
accumulation
of
gas
16
in
a
sanitary
disposal
project
landfill
.
17
11.
A
sanitary
landfill
disposal
project
operating
with
a
18
permit
shall
have
a
trained,
tested,
and
certified
operator.
19
The
department
shall
adopt
by
rule
a
certification
program.
20
13.
Notwithstanding
the
provisions
of
this
chapter
21
regarding
the
requirement
of
the
equipping
of
a
sanitary
22
landfill
with
a
leachate
control
system
and
the
establishment
23
and
continuation
of
a
postclosure
account,
the
department
24
shall
adopt
rules
which
that
provide
for
an
exemption
from
25
the
requirements
to
equip
a
publicly
owned
sanitary
landfill
26
with
a
leachate
control
system
and
to
establish
and
maintain
27
a
postclosure
account
if
the
sanitary
landfill
operator
is
a
28
public
agency,
if
the
sanitary
landfill
has
closed
or
will
29
close
by
July
1,
1992,
and
will
no
longer
accept
accepted
30
waste
for
disposal
after
that
date,
and
if
at
the
time
of
31
closure
of
the
sanitary
landfill
monitoring
of
the
groundwater
32
does
not
reveal
the
presence
of
leachate.
The
department
33
shall
require
postclosure
groundwater
monitoring
and
shall
34
establish
the
requirements
for
the
implementation
of
leachate
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collection
and
control
in
cases
in
which
leachate
is
found
1
during
postclosure
monitoring.
The
department
shall
provide
2
for
a
closure
completion
period
following
the
date
of
closure
3
of
a
sanitary
landfill.
Notwithstanding
the
provisions
of
this
4
paragraph
subsection
,
the
public
agency
shall
retain
financial
5
responsibility
for
closure
and
postclosure
requirements
6
applicable
to
sanitary
disposal
projects.
7
14.
The
commission
shall
adopt
rules
providing
for
the
8
land
application
of
soils
resulting
from
the
remediation
of
9
underground
storage
tank
releases
petroleum
releases
and
the
10
land
application
of
certain
solid
wastes
including
industrial
11
sludges
in
the
state.
12
Sec.
4.
Section
455B.305,
subsection
1,
paragraph
a,
Code
13
2022,
is
amended
to
read
as
follows:
14
a.
A
permit
shall
be
issued
by
the
director
or,
at
the
15
director’s
direction,
by
a
local
board
of
health
for
each
16
sanitary
disposal
project
operated
in
this
state.
The
permit
17
shall
be
issued
in
the
name
of
the
city
or
county
or,
where
18
applicable,
in
the
name
of
the
public
or
private
agency
19
operating
the
project.
Permits
issued
pursuant
to
this
section
20
are
in
addition
to
any
other
licenses,
permits,
or
variances
21
waivers
authorized
or
required
by
law,
including
but
not
22
limited
to
chapter
335
.
23
Sec.
5.
Section
455B.305,
subsection
3,
Code
2022,
is
24
amended
to
read
as
follows:
25
3.
The
director
shall
not
issue
or
renew
a
permit
for
a
26
sanitary
landfill
unless
the
sanitary
landfill
is
equipped
with
27
a
leachate
control
system.
28
Sec.
6.
Section
455B.306,
subsection
2,
unnumbered
29
paragraph
1,
Code
2022,
is
amended
to
read
as
follows:
30
A
planning
area
that
closes
all
of
the
municipal
solid
waste
31
sanitary
landfills
located
in
the
planning
area
and
chooses
32
instead
to
use
a
municipal
solid
waste
sanitary
landfill
in
33
another
planning
area
may
choose
to
retain
its
autonomy
as
long
34
as
the
sanitary
landfill
in
the
other
planning
area
complies
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with
all
the
requirements
of
this
chapter
,
and
all
solid
waste
1
generated
within
the
planning
area
closing
its
landfills
is
2
consolidated
at,
and
transported
from,
a
permitted
transfer
3
station.
For
purposes
of
this
subsection
,
a
planning
area
4
closing
its
own
landfills
that
chooses
to
retain
its
autonomy
5
shall
not
be
required
to
join
the
planning
area
that
contains
6
the
sanitary
landfill
it
is
using
for
final
disposal
of
its
7
solid
waste.
8
Sec.
7.
Section
455B.306,
subsection
7,
paragraph
a,
Code
9
2022,
is
amended
to
read
as
follows:
10
a.
A
closure
and
postclosure
plan
detailing
the
schedule
11
for
and
the
methods
by
which
the
operator
will
meet
the
12
conditions
for
proper
closure
and
postclosure
adopted
by
13
rule
by
the
commission.
The
plan
shall
include,
but
is
not
14
limited
to,
the
proposed
frequency
and
types
of
actions
to
be
15
implemented
prior
to
and
following
closure
of
an
operation,
16
the
proposed
postclosure
actions
to
be
taken
to
return
the
17
area
to
a
condition
suitable
for
other
uses,
and
an
estimate
18
of
the
costs
of
closure
and
postclosure
and
the
proposed
19
method
of
meeting
these
costs.
The
postclosure
plan
shall
20
reflect
the
thirty-year
time
period
requirement
for
postclosure
21
responsibility
entire
applicable
postclosure
period
.
22
Sec.
8.
Section
455B.306,
subsection
9,
unnumbered
23
paragraph
1,
Code
2022,
is
amended
to
read
as
follows:
24
In
addition
to
the
comprehensive
plan
filed
pursuant
to
25
subsection
1
,
a
person
operating,
or
proposing
to
operate,
a
26
sanitary
disposal
project
shall
provide
a
financial
assurance
27
instrument
to
the
department
prior
to
the
initial
approval
of
a
28
permit
or
prior
to
the
renewal
of
a
permit
for
an
existing
or
29
expanding
facility
beginning
July
1,
1988
.
30
Sec.
9.
Section
455B.306,
subsection
9,
paragraph
b,
31
unnumbered
paragraph
1,
Code
2022,
is
amended
to
read
as
32
follows:
33
The
operator
of
a
sanitary
landfill
shall
maintain
closure
34
and
postclosure
accounts
,
which
may
be
combined
into
one
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account
.
The
commission
shall
adopt
by
rule
the
amounts
to
1
be
contributed
to
the
accounts
based
upon
the
amount
of
solid
2
waste
received
by
the
facility.
The
accounts
established
shall
3
be
specific
to
the
facility.
4
Sec.
10.
Section
455B.306,
subsection
9,
paragraph
e,
Code
5
2022,
is
amended
to
read
as
follows:
6
e.
The
annual
financial
statement
submitted
to
the
7
department
pursuant
to
subsection
7
,
paragraph
“c”
,
shall
8
include
the
current
amounts
established
in
each
of
the
accounts
9
account
and
the
projected
amounts
to
be
deposited
in
the
10
accounts
into
each
account
in
the
following
year.
11
Sec.
11.
Section
455B.310,
subsection
7,
Code
2022,
is
12
amended
to
read
as
follows:
13
7.
Fees
imposed
by
this
section
shall
be
paid
to
the
14
department
on
a
quarterly
basis
with
payment
due
by
no
more
15
than
ninety
days
following
the
quarter
during
which
the
fees
16
were
collected.
The
payment
shall
be
accompanied
by
a
return
17
which
that
shall
identify
the
amount
of
fees
to
be
allocated
to
18
the
sanitary
landfill
alternative
financial
assistance
program,
19
the
amount
of
fees,
in
terms
of
cents
per
ton,
retained
for
20
meeting
waste
reduction
and
recycling
goals
under
section
21
455D.3
,
and
additional
fees
imposed
for
failure
to
meet
the
22
twenty-five
percent
waste
reduction
and
recycling
goal
under
23
section
455D.3
.
Sanitary
landfills
serving
more
than
one
24
planning
area
shall
submit
separate
reports
for
each
planning
25
area.
26
Sec.
12.
Section
455B.314,
Code
2022,
is
amended
to
read
as
27
follows:
28
455B.314
Incineration
at
sanitary
disposal
projects.
29
Beginning
January
1,
1990,
a
A
sanitary
disposal
project
30
that
includes
incineration
as
a
part
of
its
disposal
process
31
shall
separate
from
the
materials
to
be
incinerated
recyclable
32
and
reusable
materials,
materials
which
that
will
result
in
33
uncontrolled
toxic
or
hazardous
air
emissions
when
burned,
34
and
hazardous
or
toxic
materials
which
that
are
not
rendered
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nonhazardous
or
nontoxic
by
incineration.
The
removed
1
materials
shall
be
recycled,
reused,
or
treated
and
disposed
2
in
a
manner
approved
by
the
department.
Separation
of
waste
3
includes
magnetic
separation.
4
Sec.
13.
REPEAL.
Chapter
28L,
Code
2022,
is
repealed.
5
Sec.
14.
REPEAL.
Sections
455B.801,
455B.802,
455B.803,
6
455B.804,
455B.805,
455B.806,
455B.807,
455B.808,
and
455B.809,
7
Code
2022,
are
repealed.
8
EXPLANATION
9
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
10
the
explanation’s
substance
by
the
members
of
the
general
assembly.
11
This
bill
relates
to
certain
programs
within
the
department
12
of
natural
resources
(DNR).
13
The
bill
inserts
the
word
“sanitary”
before
certain
14
instances
of
the
word
“landfill”
in
Code
chapter
455B,
15
subchapter
IV,
part
1
(part
1).
The
phrase
“sanitary
landfill”
16
is
defined
in
part
1
as
a
sanitary
disposal
project
where
17
solid
waste
is
buried
between
layers
of
earth.
Therefore,
the
18
provisions
affecting
a
landfill
in
the
amended
Code
sections
19
apply
specifically
to
a
sanitary
landfill
as
defined
in
part
1.
20
The
bill
also
changes
certain
instances
of
“sanitary
disposal
21
project”
and
“sanitary
disposal
project
site”
to
“sanitary
22
landfill”
so
that
only
a
sanitary
landfill,
rather
than
a
23
sanitary
disposal
project
in
general,
is
subject
to
specific
24
regulations,
including
groundwater
monitoring
requirements
and
25
the
installation
of
shafts
to
relieve
the
accumulation
of
gas.
26
The
bill
changes
instances
of
the
word
“variances”
in
part
1
27
to
“waivers”
to
conform
to
DNR
practices.
The
bill
authorizes
28
the
environmental
protection
commission
(EPC)
to
adopt
rules
29
providing
for
the
land
application
of
soils
resulting
from
30
the
remediation
of
petroleum
releases
and
land
application
of
31
certain
solid
wastes
including
industrial
sludges,
rather
than
32
from
the
remediation
of
underground
storage
tank
releases.
The
33
bill
authorizes
an
operator
of
a
sanitary
landfill
to
combine
34
closure
and
postclosure
accounts
into
one
account.
The
bill
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amends
other
provisions
in
part
1
to
make
conforming
changes
1
and
remove
outdated
language.
2
The
bill
repeals
the
state
interagency
Missouri
river
3
authority.
Under
current
law,
the
authority
consists
of
4
representatives
from
the
state
executive
branch
who
are
5
tasked
with
representing
the
interests
of
this
state
with
6
regard
to
its
membership
in
the
Missouri
river
association
of
7
states
and
tribes,
an
interstate
association
of
government
8
representatives
formed
to
seek
consensus
solutions
to
issues
9
impacting
the
Missouri
river
basin.
The
state
withdrew
from
10
the
Missouri
river
association
of
states
and
tribes
in
2011
and
11
the
association
has
since
disbanded.
12
The
bill
repeals
Code
chapter
455B,
subchapter
XI,
which
is
13
the
mercury-free
recycling
Act.
The
mercury-free
recycling
Act
14
required
vehicle
manufacturers
to
develop
and
publish
plans
for
15
the
removal,
collection,
and
recovery
of
vehicle
mercury-added
16
switches
and
authorized
EPC
to
enforce
the
plans.
Code
section
17
455B.803
provides
for
the
termination
of
EPC’s
enforcement
18
of
the
removal,
collection,
and
recovery
plans
on
July
1,
19
2020.
The
mercury-free
recycling
Act
also
generally
prohibits
20
a
person
from
delivering
an
end-of-life
vehicle
to
a
scrap
21
recycling
facility
unless
the
mercury-added
switch
was
removed
22
from
the
vehicle.
An
existing
future
repeal
of
the
subchapter
23
is
contingent
upon
the
adoption
of
a
national
mercury
switch
24
recovery
program
that
meets
certain
standards.
25
-7-
LSB
5317DP
(3)
89
js/ns
7/
7