Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title VIII - Solid Waste Management and Disposal › Chapter 101 - Solid Waste Comprehensive Planning Requirements › Rule 567-101.12 - Solid Waste Comprehensive Plan Types

Current through Register Vol. 47, No. 3, July 24, 2024
A city, county, or private agency operating or planning to
				  operate a municipal solid waste sanitary disposal project shall file with the
				  director one of two types of comprehensive plans detailing the method by which
				  the city, county, or private agency will comply with solid waste comprehensive
				  planning requirements. The first type is a comprehensive plan in which solid
				  waste is disposed of in a sanitary landfill within the planning area. The
				  second type is a comprehensive plan in which all solid waste is consolidated
				  at, and transported from, a permitted transfer station for disposal at a
				  sanitary landfill in another comprehensive planning area or state.
(1) A planning area that closes all of the
				municipal solid waste sanitary landfills located in the planning area and
				chooses instead to use a municipal solid waste sanitary landfill in another
				planning area may choose to retain its autonomy as long as the sanitary
				landfill in the other planning area complies with all the requirements of this
				chapter, and all solid waste generated within the planning area closing its
				landfills is consolidated at, and transported from, a permitted transfer
				station. For purposes of this subrule, a planning area closing its own
				landfills that chooses to retain its autonomy shall not be required to join the
				planning area that contains the landfill it is using for final disposal of its
				solid waste.
(2) If a planning area
				chooses to retain autonomy pursuant to this rule, the planning area receiving
				solid waste from the planning area sending it shall not be required to include
				the sending planning area in its comprehensive plan provided that no services
				other than the acceptance of solid waste for disposal are shared between the
				two planning areas. A planning area receiving solid waste shall only be
				responsible for the permitting, planning, and waste reduction and diversion
				programs within that planning area.
(3) If the department determines that solid
				waste cannot reasonably be consolidated and transported from a particular
				transfer station (e.g., asbestos or bulky construction and demolition waste),
				the department may establish permit conditions to address the transport and
				disposal of the solid waste. A planning area sending solid waste for disposal
				in another planning area may retain autonomy pursuant to subrule 101.12(1) only
				if both comprehensive planning areas enter into an agreement pursuant to Iowa
				Code chapter 28E that includes both of the following:
a. A detailed methodology of the manner in
				which solid waste will be tracked and reported between the two planning
				areas.
b. A detailed methodology of
				the manner in which the receiving sanitary landfill will collect, remit, and
				report tonnage fees, pursuant to Iowa Code section
				455B310.,
				paid by the planning area that is transporting the solid waste. The methodology
				shall include both the remittances of tonnage fees to the state and the
				retained tonnage fees.