General Assembly: 75 (1994 Regular GA) - Chapter 1177 - Solid waste


Published: 1994-05-13

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525 LA WS OF THE SEVENTY -FIFTH G.A., 1994 SESSION

CHAPTER 1177 SOLID WASTE

S.F.2300

CH. 1177

AN ACT requiring the environmental protection commission to codify the special waste authori- zation program and relating to solid waste.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 455B.301A, subsection I, Code 1993, is amended to read as follows: 1. The protection of the health, safety, and welfare of Iowans and the protection of the

environment require the safe and sanitary disposal of solid wastes. An effective and efficient solid waste disposal program protects the environment and the public, and provides the most practical and beneficial use of the material and energy values of solid waste. While recogniz- ing the continuing necessity for the existence of landfills, alternative methods of managing solid waste and a reduction in the reliance upon land disposal of solid waste are encouraged. In the promotion of these goals, the following waste management hierarchy in descending order of preference, is established as the solid waste management policy of the state:

a. Volume reduction at the source. b. Recycling and reuse. eo Combustion with eBeF-gY reeovery anti refuse derived fuel. d. Combustion ffir velume reduetion. eo Disposal in sanitary landfills. ~ Other approved techniques ~ solid waste management including, but not limited to, com-

bustion with energy recovery, combustion for waste disposal, and disposal in sanitary landfills.

Sec. 2. Section 455B.304, Code 1993, is amended by adding the following new subsection: NEW SUBSECTION. 18. The commission shall adopt rules to establish a special waste

authorization program. For purposes of this subsection, "special waste" means any industrial process waste, pollution control waste, or toxic waste which presents a threat to human health or the environment or a waste with inherent properties which make the disposal of the waste in a sanitary landfill difficult to manage. Special waste does not include domestic, office, com- mercial, medical, or industrial waste that does not require special handling or limitations on its disposal. Special waste does not include hazardous wastes which are regulated under the federal Resource Conservation and Recovery Act, 42 U.S.C. § 6921-6934, hazardous wastes as defined in section 455B.411, subsection 3, or hazardous wastes included in the list compiled in accordance with section 455B.464.

Sec. 3. Section 455B.305, subsection 6, Code 1993, is amended to read as follows: 6. Beginning July I, 1992, the director shall not issue a permit for a sanitary landfill unless

the sanitary landfill is equipped with a leachate control system. Beginning July I, 1994, the director shall not renew or reissue a permit for an existing sanitary landfill unless the sani- tary landfill is equipped with a leachate control system. During the period from July I, 1992, through June 30, 1994, the director may require an existing sanitary landfill to install a leachate control system if leachate from the sanitary landfill is adversely impacting the public health or safety or the environment. During the period from July I, 1992, through June 30, 1994, the director shall require an existing sanitary landfill to install a leachate control system if the sanitary landfill has not submitted a completed hydrogeological plan to the department. The director may exempt a permit applicant from these requirements if the director determines that certain conditions regarding, but not limited to, existing physical conditions, topography, soil, geology, and climate, are such that a leachate control system is unnecessary. The direc- tor may exempt ll, permit applicant from the requirements ~ this subsection if the permittee certifies that ll, risk assessment of the site indicates that ll, current or potential threat to environ- mental health does not exist such that an exposed individual has no greater than ll, one in one million risk ~ devel~ cancer and for noncarcinogens ll, hazard index ~ less than one. The

CH. 1177 LA WS OF THE SEVENTY -FIFTH G.A., 1994 SESSION 526

director shall use the United States environmental protection agency's risk assessment guidance for the superfund as ll. basis for determining whether to grant the exemption. The exemption !!! this subsection shallll.P.P!r only to sanitary landfill cells in existence prior to July h 1992, or the vertical expansion above ll. cell in which waste was deposited prior to July h 1992 . .A sanitary landfill permittee desiring an exemption shallll.P.P!l to the director and certify ll. com- pletion date for ll. risk assessment study by December h 1994. !! an exemption ~ not granted, or !! the risk assessment study concludes that ll.leachate control system ~ required, ll. permit- tee shall certify ll. completion date and increments of progress for the installation of ll.leachate control system. The department shall retain the discretion to approve or disapprove ll. risk assessment study or ll. proposed completion date under this subsection. !! ll. schedule for ll. risk assessment study or the installation of ll. leachate control system ~ approved by the depart- ment and satisfactory progress ~ being made toward completion of the study or the installa- tion of the leachate I;ontrol system, the permittee shall not be subject to penalties for failure to meet the requirements of this subsection.

Sec. 4. Section 455D.3, Code 1993, is amended to read as follows: 455D.3 GOAL. !: YEAR 1994 AND 2000 GOALS. The goal of the state is to reduce the amount of materials

in the waste stream, existing as of July 1, 1988, twenty-five percent by July 1, 1994, and fifty percent by July 1, 2000, through the practice of waste volume reduction at the source and through recycling. For the purposes of this section, "waste stream" means the disposal of solid waste as "solid waste" is defined in section 455B.301. lft aeteFmination of the Feal:letion level of the waste stFeam, it shall be eonsiaeFea t-hat e-aclt persen- el:lFFentiy genentes three lHHi- one half ~ of waste peP- 6ay-, lHHi- t-hat this amol:lnt shall be Feal:leea by the peFeentages inaieatea in ordeF- te pFeSeF'Ie the health lHHi- safety of all Iowans.

Notwithstanding section 455D.l, subsection 6, facilities which employ combustion of solid waste with energy recovery and refuse-derived fuel, which are included in an approved com- prehensive plan, and which were in operation prior to July 1, 1989, may include these processes in the definition of recycling for the purpose of meeting the state goal if at least thirty-five percent of the waste reduction goal, required to be met by July 1, 2000, pursuant to this sec- tion, is met through volume reduction at the source and recycling and reus'c, as established pursuant to section 455B.301A, subsection 1, paragraphs "a" and "b". ~ PROJECTED WASTE STREAM - YEAR 2000 . .A planning area may request the depart-

ment to allow the planning area to project the planning area's waste stream for the year 2000 for purposes of meeting the year 2000 fifty percent waste volume reduction and recycling goals required by this section. The department shall make ll. determination Qf the eligibility to use this option based upon the annual tonnage of solid waste processed by the planning area and the population density of the area the planning area serves. !! the department agrees to allow the planning area to make year 2000 waste stream projections, the planning area shall calcu- late the year 2000 projections and submit the projections to the department for approval. The planning area shall use data which ~ current as of July h 1994, and shall take into account population, employment, and industrial changes and documented diversions due to existing programs. The planning area shall use the departmental methodology to calculate the ton- nage necessary to be diverted from landfills in order to meet the year 2000 fifty percent waste volume reduction and recycling goals required by this section. Once the department approves the year 2000 projections, the projections shall not be changed prior to the year 2001.

3. DEPARTMENTAL MONITORING. ll..: By October 31, 1994, ll. planning area shall submit to the department, a solid waste abate-

ment table which ~ updated through June 30, 1994. By April h 1995, the department shall report to the general assembly on the progress that has been made by each planning area on attainment of the July 1, 1994, twenty-five percent goal.

!! at any time the departIllent determines that ll. planning area has met or exceeded the twenty-five percent goal, ll. planning area shall subtract twenty-five cents from the total amount of the tonnage fee imposed pursuant to section 455B.310, subsection ~ paragraph "a". The

527 LA WS OF THE SEVENTY -FIFTH G.A., 1994 SESSION CH. 1177

reduction in tonnage fees pursuant to this paragraph shall be taken from that portion of the tonnage fees which would have been allocated for landfill alternative grants pursuant to sec- tion 455E.11, subsection ~ paragraph "a", subparagraph (9).

!! the department determines that ~ planning area has failed to meet the July h 1994, twenty- five percent goal, the planning area shall, at ~ minimum, implement the solid waste manage- ment techniques as listed !!! subsection 4. Evidence ~ implementation of the solid waste manage- ment techniques shall be documented in subsequent comprehensive plans submitted to the department. ~ !! at any time the department determines that ~ planning area has reduced the amount

of materials !!! the waste stream, existing as of July h 1988, by thirty-eight percent, as indi- cated!!! ~ solid waste abatement table submitted by the planning area, the planning area shall subtract twenty-five cents from the total amount of the tonnage fee imposed pursuant to sec- tion 455B.310, subsection ~ paragraph "a". This amount shall be !!! addition to any amounts subtracted pursuant to paragraph "a". The reduction in tonnage fees pursuant to this para- ~ shall be taken from that portion of the tonnage fees which would have been allocated for landfill alternative grants pursuant to section 455E.11, subsection ~ paragraph "a", sub- paragraph (9L ~ By October 31, 2000, ~ planning area shall submit to the department, ~ solid waste abate-

ment table which ~ updated through June 30, 2000. By April h 2001, the department shall report to the general assembly on the progress that has been made by each planning area on attainment ~ the July h 2000, fifty percent goal.

!! at any time the department determines that ~ planning area has met or exceeded the fifty percent goal, the planning area shall subtract fifty cents from the total amount of the tonnage fee imposed pursuant to section 455B.310, subsection ~ paragraph "a". This amount shall be in addition to any amounts subtracted pursuant to paragraphs X and "b". The reduction in tonnage fees pursuant to this paragraph shall be taken from that portion of the tonnage fees which would have been allocated to landfill alternative grants pursuant to section 455E.11, subsection ~ paragraph "a", subparagraph (9).

!- SOLID WASTE MANAGEMENT TECHNIQUES. ~ planning area that fails to meet the twenty-five percent goal shall implement the following solid waste management techniques:

'!.: Remit fifty cents ~ ton to the department, as ~ July h 1995. The funds shall be deposited in the solid waste account under section 455E.11, subsection ~ paragraph "a", to be used in accordance with section 455E.11, subsection 2, paragraph "a", subparagraph (9). Moneys under this paragraph shall be remitted until such time as evidence of attainment ~ the twenty-five percent goal ~ documented in subsequent comprehensive plans submitted to the department. ~ Notify the public ~ the planning area's failure to meet the waste volume reduction goals

~ this section, utilizing standard language developed by the department for that purpose. ~ Develop draft ordinances which shall be used by local governments for establishing col-

lection fees that are based on volume or on the number of containers used for disposal by residents.

<!: Conduct an educational and promotional program to inform citizens of the manner and benefits ~ reducing, reusing, and recycling materials and the procurement of products made with recycled content. The program shall include the following:

ill Targeted waste reduction and recycling education for residents, including multifamily dwelling complexes having five or more units.

(2) An intensive one day seminar for the commercial sector regarding the benefits of and opportunities i~ waste reduction and recycling.

(3) Promotion of recycling through targeted community and media events. (4) Recycling notification and education packets to all new residential, commercial, and institu-

tional collection service customers that include, at ~ minimum, the manner of preparation of materials for collection, and the reasons for separation of materials for recycling.

Sec. 5. Section 455E.11, subsection 2, paragraph a, subparagraph (9), Code Supplement 1993, is amended to read as follows:

CH. 1177 LA WS OF THE SEVENTY -FIFTH G.A., 1994 SESSION 528

(9) One dollar per ton from the fees imposed under section 455B.310 for the fiscal year begin· ning July I, 1990! and thereafter shall be used by the department to develop and implement demonstration projects for landfill alternatives to solid waste disposal including recycling pro· grams. The first fifty thousand dollars Q! moneys allocated to the department pursuant to this subparagraph shall be used for administration of the special waste authorization program estab· lished pursuant to section 455B.304, subsection 18. Of the remaining moneys, sixty·five thou· sand dollars shall be allocated to the waste management assistance division of the department to be used for the by·products and waste search service at the university of northern Iowa. The by-products and waste search service at the university Q! northern Iowa shall cooperate with Iowa state university il! waste exchange activities.

Sec. 6. ADDITIONAL POSITION. Notwithstanding the full-time equivalent position limi- tations in effect for the department of natural resources for fiscal year beginning July I, 1994, and ending June 30,1995, the environmental protection division of the department of natural resources may employ one additional full-time equivalent position to administer the special waste authorization program established pursuant to section 455B.304, subsection 18.

Sec. 7. RULES. The commission shall adopt rules to establish a special waste authoriza- tion program. The rules shall be effective by December 31, 1994.

Sec. 8. EFFECTIVE DATE. Section 3 of this Act, being deemed of immediate importance, takes effect upon enactment. The remainder of this Act takes effect on July I, 1994.

Approved May 13, 1994

CHAPTER 1178 POLITICAL YARD SIGNS

H.F.455

AN ACT relating to placement of political yard signs on agricultural land, property leased to a corporation by a private individual, or property leased by a corporation to a private individual.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 56.14, Code 1993, is amended to read as follows: 56.14 POLITICAL ADVERTISEMENTS. A person who causes the publication or distribution of published material afteI' J-H-ly-l, ±984,

designed to promote or defeat the nomination or election of a candidate for public office or the passage of a constitutional amendment or public measure shall include conspicuously on the published material the identity and address of the person responsible for the material. If the person responsible is an organization, the name of one officer of the organization shall appear on the material. However, if the organization is a committee which has filed a statement of organization under this chapter, only the name of the committee is required to be included on the published material. This section does not apply to the editorials or news articles of a newspaper or magazine which are not political advertisements. For the purpose of this sec- tion, "published material" means any newspaper, magazine, shopper, outdoor advertising facility, poster, yare sigfl- inell:lding ftarui lettered sigH-s, direct mailing, brochure, or any other form of printed general public political advertising; however, the identification need not be conspic- uous on posters. 'I'hls seclifm reql:lires that the identifieatien en yare sigfl-s be in lettff.s at- least ene ineft lHg-ht l16we'ler, if the yare sigft is al:lU16rized by the eandidate's eemmittee 6F the eandidate, lH) identifieatien is reql:lired by this seetien. This section'does not apply to yard