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Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title X - Hazardous Waste › Chapter 149 - Fees for Transportation, Treatment and Disposal of Hazardous Waste › Rule 567-149.1 - Authority, Purpose and Applicability

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Authority.
Pursuant to
				Iowa Code section
				455B424.,
				the department has authority to collect fees for the transportation, treatment,
				and disposal of a hazardous waste. Moneys collected or received by the
				department shall be transmitted to the treasurer of the state for deposit in
				the hazardous waste remedial fund.
(2)
Purpose.
The purpose of
				these rules is to provide an orderly and efficient process for the assessment
				and collection of fees for certain activities involving hazardous wastes. These
				rules clarify the applicability of the fees and set forth a fee schedule, means
				of filing, and record-keeping requirements.
(3)
Applicability.
Unless
				subject to the criteria in rules 149.3(455B) and 149.9(455B) of this chapter,
				fees shall apply to the following persons:
a.
				Any person who generates a hazardous waste and transports hazardous wastes off
				the site of generation as is defined by Iowa Code section 455B.412(2) and
				567-Chapter 144.
b. Any person who
				owns or operates a facility within Iowa which provides treatment or disposal of
				hazardous waste.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title X - Hazardous Waste › Chapter 149 - Fees for Transportation, Treatment and Disposal of Hazardous Waste › Rule 567-149.3 - Exclusions and Effect on Other Fees

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Exclusions.
A person
				shall be exempt from the payment of fees specified in rule 149.4(455B) if any
				one of the following criteria is met:
a. The
				person is a duly authorized agent of the state of Iowa or a political
				subdivision of the state.
b. The
				hazardous waste is reclaimed or reused for energy or materials.
c. The hazardous waste is transformed into
				new products which are not regulated as wastes.
d. The hazardous waste is created as a result
				of remedial actions at an abandoned or uncontrolled hazardous waste
				site.
e. The waste is the influent
				to a facility which is subject to regulation under rules in 567-Chapter 62,
				"Effluent and Pretreatment Standards: Other Effluent Limitations or
				Prohibitions" or 567-Chapter 64, "Wastewater Construction and Operation
				Permits." However, any hazardous waste created by such a treatment process is
				subject to the fees specified in this chapter.
f. The hazardous waste which due to its
				physical, chemical or biological properties decomposes spontaneously within 24
				hours of generation to yield a resultant waste which is no longer hazardous in
				accordance with 40 CFR Part 261 as adopted by reference by rule 567-141.2
				(455B).
g. Hazardous waste which is
				generated outside the state of Iowa and transported through the
				state.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title X - Hazardous Waste › Chapter 149 - Fees for Transportation, Treatment and Disposal of Hazardous Waste › Rule 567-149.4 - Fee Schedule

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Effective date.
On and after July 1, 1985, fees shall begin to
				accrue for the transportation, treatment or disposal of hazardous waste within
				Iowa.
(2)
Hazardous wastes
				generated within Iowa.
For hazardous waste generated within the state
				of Iowa, the generator shall be responsible for the following fees:
a. A fee of $2 is assessed for each ton of
				hazardous waste destroyed or treated in Iowa to render the hazardous waste
				nonhazardous. However, hazardous residues resulting from such treatment are
				subject to all applicable fees.
b.
				A fee of $ 10 for each ton of hazardous waste transported offsite of
				generation.
The water content weight of any waste that is transported to
				  another facility under the ownership of the generator for the purpose of waste
				  treatment or recycling shall not be considered when computing the weight of the
				  waste.
c. A fee of $40 is
				assessed for each ton of hazardous waste placed, deposited, dumped, or disposed
				of onto or into the land at a disposal facility in Iowa.
d. An Iowa facility which treats or disposes
				of hazardous waste is considered a generator for the purposes of paragraph
				149.4(2) "Zj " if the wastes are subsequently transported off of the treatment
				or disposal facility site.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title X - Hazardous Waste › Chapter 149 - Fees for Transportation, Treatment and Disposal of Hazardous Waste › Rule 567-149.5 - Form, Manner, Time and Place of Filing

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Form.
Any person to whom
				this chapter applies must file a completed Form 179 "Hazardous Waste
				Program-Transportation, Treatment and Disposal Fees" which is provided by the
				department as specified in rule 567-140.6 (455B).
(2)
Manner, time and place.
Fees are due on April 15 for the previous calendar year. The person shall
				present or mail the completed form with the appropriate fees to: Accounting,
				Department of Natural Resources, Henry A. Wallace Building, 900 East Grand
				Avenue, Des Moines, Iowa 50319.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title X - Hazardous Waste › Chapter 149 - Fees for Transportation, Treatment and Disposal of Hazardous Waste › Rule 567-149.6 - Identification, Sampling and Analytical Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The hazardous wastes to which the fee
				schedule listed in rule 149.4(455B) applies are those identified in 40 CFR Part
				261 through October 23, 1985, as adopted by reference by rule 567-141.2
				(455B).
(2) For the purposes of
				Iowa Code subsection
				455B424(1).,
				the weight of the waste less its water content is determined using the total
				solids method 209A (for liquids) or 209F (for sludges or semisolids), 16th
				Edition of Standard Methods for the Examination of Water and Wastewater,
				1985.
(3) Petitions for equivalent
				testing or analytical methods are addressed in
				40
				CFR 26021. as adopted by reference by
				567-subrule 141.1(1).
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title X - Hazardous Waste › Chapter 149 - Fees for Transportation, Treatment and Disposal of Hazardous Waste › Rule 567-149.7 - Reporting and Record Keeping

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
				Manifests. Those persons subject to the manifesting requirements of 40 CFR Part
				262 as amended through July 15, 1985, as adopted by reference by 567-141.3
				(455B), shall maintain the manifests for the purpose of determining the amount
				of fees to be addressed as set out in rule 149.5(455B).
(2) Operating records. Those persons who
				generate hazardous waste who are not subject to the manifesting requirements
				shall maintain operating records in accordance with rules 567-141.5 (455B) and
				567-141.6 (455B).
(3) A copy of
				completed Form 179 must be kept for a period of at least three years from the
				due date of the form.
(4) All
				records required under this chapter must be furnished upon request, and made
				available at all reasonable times for inspection, by any officer, employee, or
				representative of the department who is duly designated by the
				director.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title X - Hazardous Waste › Chapter 149 - Fees for Transportation, Treatment and Disposal of Hazardous Waste › Rule 567-149.8 - Failure to Pay Fees

Current through Register Vol. 47, No. 3, July 24, 2024
If the director finds that a person has failed to pay the
				  fees assessed by this chapter, the director shall enforce the collection of the
				  delinquent fees. A penalty of 15 percent of the fee due in addition to the fee
				  due shall be collected.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title X - Hazardous Waste › Chapter 149 - Fees for Transportation, Treatment and Disposal of Hazardous Waste › Rule 567-149.9 - Suspension of Fees

Current through Register Vol. 47, No. 3, July 24, 2024
If after collection of all fees due in a given year the
				  hazardous waste remedial fund has a balance in excess of $6 million by July 1
				  of a calendar year, the department shall suspend the collection of fees. If the
				  balance falls below $3 million, the fee collection shall be reimposed
				  commencing the beginning of the next calendar quarter. Notices of suspension of
				  fees and reinstatement of fees shall be provided by the
				  department.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title X - Hazardous Waste › Chapter 152 - Criteria for Siting Low-level Radioactive Waste Disposal Facilities › Rule 567-152.1 - Authority, Purpose and Scope

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Authority.
This chapter
				is authorized in Iowa Code section
				455B486., which
				relates to the siting of low-level radioactive waste disposal
				facilities.
(2)
Purpose.
These rules establish criteria for identifying sites
				which are suitable for operation of low-level radioactive waste disposal
				facilities. The waste management authority will apply these criteria to
				identify and recommend to the commission sites suitable for locating these
				facilities.
(3)
Scope.
These rules apply only to facilities which are owned or
				operated by the state of Iowa and privately owned or operated facilities which
				are located upon land owned by the state of Iowa which are used for low-level
				radioactive waste disposal pursuant to Iowa Code section
				455B486..
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title X - Hazardous Waste › Chapter 152 - Criteria for Siting Low-level Radioactive Waste Disposal Facilities › Rule 567-152.3 - Siting Criteria

Current through Register Vol. 47, No. 3, July 24, 2024
The siting authority shall use the following criteria in
				  selecting sites for facilities.
(1)
Exclusionary criteria.
No facility shall be sited within:
a. An area of seismic risk category of "4" or
				greater;
b. A 100-year
				floodplain;
c. A dam hazard
				area;
d. An area with less than 100
				feet of aquitard between the base of operation and the subjacent
				aquifer;
e. One mile of a geologic
				hazard structure;
f.One mile of a
				karst area;
g. One mile of an area
				of past or present surface or underground mining activity;
h. One mile of wetland;
i. Any protected basin; or
j.
Ten miles of any nuclear power plant.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title X - Hazardous Waste › Chapter 209 - Landfill Alternatives Financial Assistance Programs › Rule 567-209.1 - Goal

Current through Register Vol. 47, No. 3, July 24, 2024
The goal of landfill alternatives financial assistance
				  programs is to reduce through implementation of solid waste management projects
				  the amount of solid waste being generated and the amount of solid waste being
				  landfilled.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title X - Hazardous Waste › Chapter 209 - Landfill Alternatives Financial Assistance Programs › Rule 567-209.2 - Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
The purpose of these programs is to provide financial
				  assistance to applicants implementing projects and programs leading to the
				  diversion of solid waste from sanitary landfills.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title X - Hazardous Waste › Chapter 209 - Landfill Alternatives Financial Assistance Programs › Rule 567-209.4 - Role of the Department

Current through Register Vol. 47, No. 3, July 24, 2024
The department is responsible for the administration of funds
				  for projects receiving financial assistance under these rules. The department
				  will ensure that funds disbursed meet guidelines established by Iowa Code
				  sections
				  455E11(2).
				  "a"(1)(e) and 455E.11(2)"a"(1)(f).
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title X - Hazardous Waste › Chapter 209 - Landfill Alternatives Financial Assistance Programs › Rule 567-209.5 - Funding Sources

Current through Register Vol. 47, No. 3, July 24, 2024
The department will use moneys that are appropriated by the
				  legislature and that may be obtained from other sources for the purpose of
				  achieving the goals outlined in these rules. The department will ensure that
				  moneys appropriated meet both federal and state guidelines pertaining to their
				  use.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title X - Hazardous Waste › Chapter 209 - Landfill Alternatives Financial Assistance Programs › Rule 567-209.6 - Reduced Award

Current through Register Vol. 47, No. 3, July 24, 2024
The department reserves the right to offer financial
				  assistance in an amount less than that requested by the applicant. In the event
				  that financial assistance offered is less than the amount requested by an
				  applicant, the applicant may be asked to document the impact on the proposed
				  project. Reduced awards shall be offered when the department determines
				  that:
1. Program resources are
				insufficient to provide the level of financial assistance requested to all
				applicants to which the department intends to offer financial
				assistance.
2. The applicant could
				implement the project at a reduced level of financial assistance and achieve
				the project objectives and the goals of the program.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title X - Hazardous Waste › Chapter 209 - Landfill Alternatives Financial Assistance Programs › Rule 567-209.7 - Fund Disbursement Limitations

Current through Register Vol. 47, No. 3, July 24, 2024
No funds shall be disbursed until the department has:
1. Determined the total estimated cost of the
				project;
2. Determined that
				financing for the cost-share amount is ensured by the recipient;
3. Received final design plans from the
				recipient, if applicable;
4.
				Received confirmation that all permits or permit amendments have been obtained
				by the recipient;
5. Received
				commitments from the recipient to implement the project;
6. Executed a written agreement with the
				recipient; and
7. Determined that
				the recipient is currently in compliance with all applicable state statutes and
				regulations.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title X - Hazardous Waste › Chapter 209 - Landfill Alternatives Financial Assistance Programs › Rule 567-209.8 - Minimum Cost Share

Current through Register Vol. 47, No. 3, July 24, 2024
An applicant shall provide a minimum cash match for the
				  purchase of each good and service for which department-awarded financial
				  assistance will be used. The applicant's minimum cost share shall be in
				  accordance with subrule 209.16(3) for the derelict building grant
				  program.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title X - Hazardous Waste › Chapter 209 - Landfill Alternatives Financial Assistance Programs › Rule 567-209.9 - Denial of Financial Assistance

Current through Register Vol. 47, No. 3, July 24, 2024
An applicant may be denied financial assistance for any of
				  the following reasons:
1. Funds are
				insuf ficient to award financial assistance to all qualified
				applicants.
2. An applicant does
				not meet eligibility requirements pursuant to provisions of subrule 209.15(1)
				for the solid waste alternatives program or subrule 209.16(1) for the derelict
				building grant program.
3. An
				applicant does not provide suf ficient requested information on forms provided
				by the department pursuant to rule 567-209.12(455B,455E).
4. An applicant has previously received
				financial assistance under these rules and is determined by the department to
				be delinquent in repaying the loan or delinquent in submitting required
				documentation.
5. The goals or
				scope of the project is not consistent with rules
				567-2091. (455B,455E) and
				567-2092.
				(455B,455E).
6. The project does
				not meet the criteria of an eligible project in subrule 209.15(2) for the solid
				waste alternatives program or subrule 209.16(2) for the derelict building grant
				program
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title X - Hazardous Waste › Chapter 209 - Landfill Alternatives Financial Assistance Programs › Rule 567-209.10 - Eligible Costs

Current through Register Vol. 47, No. 3, July 24, 2024
Applicants may request, for the implementation and operation
				  of a project, financial assistance which includes, but is not limited to, funds
				  for the purpose of:
1. Purchase and
				installation of waste reduction equipment;
2. Purchase and installation of collection,
				processing, or hauling equipment;
3. Development, printing and distribution of
				educational materials;
4. Planning
				and implementation of educational forums, including but not limited to
				workshops;
5. Materials and labor
				for construction, deconstruction, or renovation of buildings;
6. Salaries directly related to
				implementation and operation of the project;
7. Laboratory analysis costs; and
8. Engineering or consulting fees.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title X - Hazardous Waste › Chapter 209 - Landfill Alternatives Financial Assistance Programs › Rule 567-209.11 - Ineligible Costs

Current through Register Vol. 47, No. 3, July 24, 2024
Financial assistance shall not be provided or used for costs
				  including, but not limited to, the following:
1. Taxes;
2. Vehicle registration;
3. Overhead expenses;
4. Indirect costs;
5. Legal costs;
6. Contingency funds;
7. Proposal preparation;
8. Contractual project
				administration;
9. Land
				acquisition;
10. Office furniture,
				office computers, fax machines and other office furnishings and
				equipment;
11. Costs for which
				payment has been or will be received under another federal, state or private
				financial assistance program;
12.
				Costs incurred before a written agreement has been executed between the
				applicant and the department; and
13. Insurance premiums or other costs
				associated with insuring items purchased using program funds.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title X - Hazardous Waste › Chapter 209 - Landfill Alternatives Financial Assistance Programs › Rule 567-209.12 - Applications

Current through Register Vol. 47, No. 3, July 24, 2024
Applicants shall submit applications on forms provided by the
				  department. Applications are considered part of the public record. Unless
				  otherwise designated in the solid waste alternatives program application forms
				  or the derelict building grant program application guideline forms,
				  applications will be accepted by the department during normal business hours
				  throughout the year.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title X - Hazardous Waste › Chapter 209 - Landfill Alternatives Financial Assistance Programs › Rule 567-209.13 - Selection

Current through Register Vol. 47, No. 3, July 24, 2024
(1) To receive
				consideration under these rules, applications for financial assistance
				submitted to the department must be provided to the agency responsible for
				submitting an approved solid waste comprehensive plan or a subsequent solid
				waste comprehensive plan or by solid waste agencies participating in the
				environmental management system for agency review and comment. Applications
				shall be provided to the agency in the area in which the proposed project is
				located or the area or areas in which the proposed project will be
				implemented.
(2) The department
				shall coordinate evaluation of applications, and applicants will be awarded
				financial assistance based on review committee recommendations.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title X - Hazardous Waste › Chapter 209 - Landfill Alternatives Financial Assistance Programs › Rule 567-209.14 - Written Agreement

Current through Register Vol. 47, No. 3, July 24, 2024
Recipients shall enter into a contract with the department
				  for the purposes of implementing the project for which financial assistance has
				  been awarded. The agreement shall be signed by the appropriate department
				  signatory and the recipient's authorized signatory. Conditions to successfully
				  implement and manage agreements shall be expressed in the signed agreement. The
				  department may terminate agreements and seek the return of funds released under
				  the agreement for failure by the recipient to perform under the terms and
				  conditions of the agreement. Amendments to agreements may be Amended by mutual
				  written consent of the department and the recipient.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title X - Hazardous Waste › Chapter 209 - Landfill Alternatives Financial Assistance Programs › Rule 567-209.15 - Solid Waste Alternatives Program

Current through Register Vol. 47, No. 3, July 24, 2024
Financial assistance awarded under the solid waste
				  alternatives program shall be used to implement activities that support the
				  practical and beneficial use of solid waste materials and for activities
				  leading to a reduction in the reliance on sanitary landfills for disposal of
				  solid waste.
(1)
Eligible
				applicants.
Any unit of local government, public or private group,
				individual or business that has an interest in or has responsibility for solid
				waste management in Iowa and is currently in compliance with all applicable
				state statutes and regulations is eligible to apply for the solid waste
				alternatives program.
(2)
Eligible projects.
The department may provide financial
				assistance to applicants for the following types of projects that are
				consistent with the goal and purpose of this program:
a. Best practices - practices and programs
				that will move Iowa toward long-term pollution prevention, waste reduction and
				recycling sustainability;
b.
				Education - practices and programs that are consistent with a coordinated
				statewide message on pollution prevention, waste reduction, and recycling to
				ensure ongoing support of these integrated solid waste management activities;
				and
c. Market development -
				practices and programs that develop a demand for value-added recyclables
				sufficient to provide increased and stable commodity markets.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title X - Hazardous Waste › Chapter 209 - Landfill Alternatives Financial Assistance Programs › Rule 567-209.16 - Derelict Building Grant Program

Current through Register Vol. 47, No. 3, July 24, 2024
Financial assistance awarded under the derelict building
				  grant program is available to communities of 5,000 or fewer to help improve the
				  attractiveness and appearance of their jurisdictions by providing financial
				  assistance for eligible projects. Each project must have a landfill diversion
				  component.
(1)
Eligible
				applicants.
Any county or municipal government with a population of
				5,000 or fewer is eligible to apply for a derelict building grant. An applicant
				may partner with a local nonprofit organization on a project.
(2)
Eligible projects. A
community's building is eligible for the program if the building meets the
				following criteria:
a. The building is an
				abandoned commercial or public building of which a local government has
				ownership or an intent to own.
b.
				The building is not on the National Register of Historic Places.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title X - Hazardous Waste › Chapter 209 - Landfill Alternatives Financial Assistance Programs › Rule 567-209.17 - Financial Assistance Denial

Current through Register Vol. 47, No. 3, July 24, 2024
An applicant may be denied financial assistance for any of
				  the following reasons:
(1) Funds are
				insufficient to award financial assistance to all qualified
				applicants;
(2) The area in which
				the proposed project is located orthe area or areas in which the proposed
				project will be implemented does not have an approved solid waste comprehensive
				plan, or if the area in which the proposed project is located or if the area or
				areas in which the proposed project will be implemented have not submitted a
				subsequent solid waste comprehensive plan by the assigned deadline, or if the
				area in which the proposed project is located or the area or areas in which the
				proposed project will be implemented has a landfill which is not legally
				permitted;
(3) An applicant does
				not meet the definition of "Applicant" as defined in
				209.3(455B,455E);
(4) An applicant
				does not meet eligibility requirements pursuant to provisions of rules 209.8
				(455B,455E) to 209.14(455B,455E);
(5) An applicant does not provide sufficient
				information requested on forms provided by the department pursuant to rules
				209.8(455B,455E) to 209.16(455B,455E);
(6) An applicant that has previously received
				a loan under these rules and is determined by the department to be delinquent
				in repaying the loan; and
(7) The
				project goals or scope is not consistent with rules 209.1(455B,455E),
				209.2(455B,455E), 209.6(455B,455E), and 209.14(455B,455E).
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title X - Hazardous Waste › Chapter 209 - Landfill Alternatives Financial Assistance Programs › Rule 567-209.18 - Amendments

Current through Register Vol. 47, No. 3, July 24, 2024
The department will solicit recommendations from impacted
				  agencies, associations, and other interested entities for significant
				  alterations to the program.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title X - Hazardous Waste › Chapter 211 - Financial Assistance for the Management of Household Hazardous Materials and Hazardous Waste From Very Small Quantity Generators › Rule 567-211.1 - Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
The purpose of this program is to reduce the amount of
				  hazardous materials disposed of in Iowa's sanitary landfills, thereby
				  protecting groundwater resources, the health and safety of Iowa citizens, and
				  the environment.
The costs and accessibility of hazardous materials management
				  can be improved by the establishment and maintenance of a system of regional
				  collection centers (RCCs) and satellite facilities for the safe and proper
				  management of household hazardous materials and hazardous materials from very
				  small quantity generators (VSQGs). Therefore, the department may provide
				  financial assistance for costs associated with establishing or improving RCCs
				  and satellite facilities, when such funding is available. The department may
				  also provide financial assistance for ongoing collection and disposal
				  activities which result in eligible pounds, when such funding is
				  available.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title X - Hazardous Waste › Chapter 211 - Financial Assistance for the Management of Household Hazardous Materials and Hazardous Waste From Very Small Quantity Generators › Rule 567-211.3 - Role of the Department

Current through Register Vol. 47, No. 3, July 24, 2024
The department is responsible for the administration of
				  financial assistance sponsored under this chapter. The department shall ensure
				  that funds disbursed meet guidelines established in Iowa Code chapters 455E and
				  455F. An applicant for financial assistance under this chapter may submit any
				  eligible project as defined in the application provided by the department. The
				  department shall determine which projects, if any, will receive funding after
				  review of all applications, subject to available funding.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title X - Hazardous Waste › Chapter 211 - Financial Assistance for the Management of Household Hazardous Materials and Hazardous Waste From Very Small Quantity Generators › Rule 567-211.4 - Funding Sources

Current through Register Vol. 47, No. 3, July 24, 2024
The department will use funds appropriated by Iowa Code
				  sections 455E. 11 (2)
"a"
(2)(d) and 455E. 11
				  (2)
"c"
to achieve the purpose of this chapter. The department
				  shall ensure that moneys appropriated meet both federal and state guidelines
				  pertaining to the use of the moneys.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title X - Hazardous Waste › Chapter 211 - Financial Assistance for the Management of Household Hazardous Materials and Hazardous Waste From Very Small Quantity Generators › Rule 567-211.5 - Eligible Costs

Current through Register Vol. 47, No. 3, July 24, 2024
Applicants may request financial assistance for eligible
				  expenses including, but not limited to, the following:
(1) Materials and labor for construction and
				the purchase cost of structures or RCC mobile units to be used in the operation
				of an RCC or satellite facility, including but not limited to site excavation
				for the structure and modifications to control runoff.
(2) Education programs for households and
				VSQGs within the RCC service area. Eligible education expenses may include but
				are not limited to:
a. Public education and
				awareness materials and supplies.
b. Fees for public service
				announcements.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title X - Hazardous Waste › Chapter 211 - Financial Assistance for the Management of Household Hazardous Materials and Hazardous Waste From Very Small Quantity Generators › Rule 567-211.6 - Ineligible Costs

Current through Register Vol. 47, No. 3, July 24, 2024
Applicants for RCC financial assistance cannot request
				  monetary assistance for the following costs:
1. Taxes.
2. Vehicle registration.
3. Indirect or overhead costs.
4. Legal costs.
5. Contingency funds.
6. Land acquisition.
7. Disposal of hazardous materials.
8. Office equipment.
9. Staffing costs.
10. Site and building design fees.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title X - Hazardous Waste › Chapter 211 - Financial Assistance for the Management of Household Hazardous Materials and Hazardous Waste From Very Small Quantity Generators › Rule 567-211.7 - Rcc and Satellite Facility Financial Assistance

Current through Register Vol. 47, No. 3, July 24, 2024
(1) An applicant for RCC and satellite
				financial assistance shall submit to the department a completed application on
				a form provided by the department.
(2) The department shall coordinate the
				evaluation of proposals. Applications will be evaluated based on selection
				criteria contained in the application form. Prior to receiving financial
				assistance from the department, an RCC must obtain a regional collection center
				license. A satellite facility shall provide documentation of a contractual
				arrangement with a licensed RCC for removal of the waste to be
				collected.
(3) The applicant must
				be in compliance with applicable federal and state statutes and
				regulations.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title X - Hazardous Waste › Chapter 211 - Financial Assistance for the Management of Household Hazardous Materials and Hazardous Waste From Very Small Quantity Generators › Rule 567-211.8 - Grant Denial

Current through Register Vol. 47, No. 3, July 24, 2024
An application may be denied for the following reasons,
				  including but not limited to:
1. The
				applicant does not meet eligibility requirements pursuant to the provisions of
				this chapter.
2. The applicant does
				not provide sufficient information requested in the application proposal
				pursuant to this chapter.
3. The
				project goals or scope is not consistent with this chapter.
4. Funds are insufficient to award financial
				assistance to all qualified applicants.
5. The applicant has not met contractual
				obligations of previous grant awards.
6. The department received the application
				after the deadline stated in the application and guidelines.
7. The applicant is found to be out of
				compliance with applicable federal or state statutes or regulations.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title X - Hazardous Waste › Chapter 211 - Financial Assistance for the Management of Household Hazardous Materials and Hazardous Waste From Very Small Quantity Generators › Rule 567-211.9 - Rcc Collection and Disposal Support Funding

Current through Register Vol. 47, No. 3, July 24, 2024
(1) All RCCs are eligible to receive funding
				support, when available, from the department to properly manage eligible pounds
				of VSQG hazardous waste and household hazardous waste. To receive funding, an
				RCC must be in compliance with applicable federal and state statutes and
				regulations. The source for this funding is described in Iowa Code section
				455E.ll(2)
"a"
(2)(d) and (e).
(2) To be eligible to receive support and
				disposal-funding assistance, an RCC must:
a.
				Have household hazardous waste and VSQG hazardous waste removed by a licensed
				hazardous waste contractor.
b.
				Correctly complete the hazardous materials collection semiannual report on a
				form supplied by the department.
c.
				Attach the following documentation:
(1)
				Hazardous waste contractor invoices depicting cost and hazardous waste
				types.
(2) The net weight
				calculations of household hazardous waste and VSQG hazardous waste obtained by
				subtracting container weight from final disposal weight, not the manifest
				weight.
(3) Documentation that all
				household hazardous waste and VSQG hazardous waste was disposed of by a
				licensed hazardous waste contractor.
(4) Documentation of materials shipped using
				final disposal receipts.
d. Submit regional collection center
				semiannual reports by September 15 for the portion of the current calendar year
				January 1 through June 30, and by March 15 for the portion of the previous
				calendar year July 1 through December 31. Reports submitted after the due date
				without prior approval by the department are not eligible for
				funding.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title X - Hazardous Waste › Chapter 213 - Packaging-heavy Metal Content › Rule 567-213.1 - Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
The purpose of this chapter is to implement the provisions of
				  Iowa Code section
				  455D19.,
				  which seeks to reduce toxicity of packaging waste by eliminating the addition
				  of heavy metals such as lead, mercury, cadmium, and hexavalent chromium in
				  packaging and packaging components.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title X - Hazardous Waste › Chapter 213 - Packaging-heavy Metal Content › Rule 567-213.4 - Prohibition-schedule for Removal of Incidental Amounts

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Prohibition of packaging.
				A
manufacturer or distributor shall not offer for sale or sell, or
				offer for promotional purposes, a package or packaging component in this state,
				which includes in the package itself or in any packaging component inks, dyes,
				pigments, adhesives, stabilizers or any other additives, any lead, cadmium,
				mercury, or hexavalent chromium which has been intentionally introduced as an
				element during manufacturing or distribution. This prohibition does not apply
				to the incidental presence of any of these elements. In addition, this
				prohibition does not apply to any refillable glass and ceramic package or
				packaging component that is managed under a comprehensive system resulting in
				reuse and where the lead and cadmium from the component do not exceed the
				Toxicity Characteristic Leachability Procedures (TCLP) of leachability of lead
				and cadmium as set forth by the United States Environmental Protection
				Agency.
(2)
Prohibition of
				sale of product in packaging.
Rescinded IAB 10/8/97, effective
				11/12/97.
(3)
Concentration
				levels.
The sum of the concentration levels of lead, cadmium, mercury,
				and hexavalent chromium present in a package or packaging component shall not
				exceed 100 parts per million by weight, or 0.01 percent. Concentration levels
				of lead, cadmium, mercury, and hexavalent chromium shall be determined using
				American Standard of Testing Materials test methods, as revised, or U.S.
				Environmental Protection Agency test methods for evaluating solid waste, S-W
				846, as revised.
(4)
Substitute materials.
No material used to replace lead,
				cadmium, mercury, or hexavalent chromium in a package or packaging component
				may be used in a quantity or manner that creates a hazard as great or greater
				than the hazard created by the lead, cadmium, mercury, or hexavalent chromium.
				The Certificate of Compliance will require an assurance to this
				effect.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title X - Hazardous Waste › Chapter 213 - Packaging-heavy Metal Content › Rule 567-213.7 - Inspection and Penalties

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Inspection.
The department may inspect, with the consent of
				the owner or agent, any property or building to determine compliance with the
				requirements of this chapter.
(2)
Violation.
a. Violations of
				this chapter are subject to the provisions of Iowa Code Supplement sections
				455D22.
				to
				455D25..
b. Each package or packaging component in
				violation constitutes the basis of a separate offense for purposes of the
				calculation of penalties pursuant to Iowa Code Supplement section
				455D25(2)..
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title I - General › Chapter 1 - Operation of Natural Resource Commission › Rule 571-1.2 - Meeting Location and Notification

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Time of meetings.
The
				commission generally meets monthly, but is required to meet at least quarterly.
				The director, chairperson, or a majority of the commission may establish
				meetings.
(2)
Notification
				of meetings.
The director will provide public notice of all meeting
				dates, locations, and agendas. Notice of meetings is given by posting the
				agenda. The agenda lists the time, date, location, and topics to be discussed
				at the meeting. The agenda may include a specific time for the public to
				address the commission on any issue related to the duties and responsibilities
				of the commission, except as otherwise provided in these rules.
a. The agenda for each meeting will be posted
				at the department's main office and on the department's website. The agenda
				will be provided to anyone who files a request with the department. The final
				agenda will be posted at least 24 hours prior to the meeting, unless for good
				cause such notice is impossible or impractical, in which case as much notice as
				is reasonably possible will be given. Any additions to the agenda after posting
				and distribution will be posted at least 24 hours prior to the meeting, unless
				for good cause such notice is impossible or impractical, in which case as much
				notice as is reasonably possible will be given. The commission may adopt
				additions to the agenda at the meeting only if good cause exists requiring
				expeditious discussion or action. The reasons and circumstances necessitating
				agenda additions, or those given less than 24 hours' notice by posting, shall
				be stated in the minutes of the meeting.
b. Written materials provided to the
				commission with the agenda may be examined by the public. Copies of the
				materials may be distributed at the discretion of the director. The director
				may require a fee to cover the reasonable cost to the department to provide the
				copies, in accordance with rules of the department.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title I - General › Chapter 1 - Operation of Natural Resource Commission › Rule 571-1.3 - Attendance and Participation by the Public

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Attendance.
All meetings
				are open to the public. The commission may exclude the public from portions of
				the meeting in accordance with Iowa Code section
				21.5.
(2)
Participation.
a.
Items on agenda.
Presentations to the commission may be made at the discretion of the
				chairperson.
b.
Items not
				on agenda.
The commission will not act on a matter not on the agenda,
				except in accordance with paragraph 1.2(2)
"b."
Persons who
				wish to address the commission on a matter not on the agenda should file a
				request with the director to place that matter on the agenda of the subsequent
				meeting.
c.
Meeting
				decorum.
The chairperson may limit participation as necessary for the
				orderly conduct of agency business. Cameras and recording devices may be used
				during meetings provided they do not interfere with the orderly conduct of the
				meeting. The chairperson may order the use of these devices discontinued if
				they cause interference and may exclude those persons who fail to comply with
				that order.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title I - General › Chapter 1 - Operation of Natural Resource Commission › Rule 571-1.4 - Quorum and Voting Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Quorum.
Two-thirds of the members of the commission
				constitutes a quorum.
(2)
Voting.
The concurrence of a majority of the commission
				members is required to determine any matter before the commission for action,
				except for a vote to go into closed session, which requires the concurrence of
				two-thirds of the members of the commission.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title I - General › Chapter 1 - Operation of Natural Resource Commission › Rule 571-1.5 - Conduct of Meeting

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
Meetings will be conducted in accordance with
				Robert's Rules of Order unless otherwise provided in these rules. Voting will
				be by voice or by roll call. Voting will be by voice unless a voice vote is
				inconclusive, a member of the commission requests a roll call, or the vote is
				on a motion to close a portion of a meeting. The chairperson will announce the
				result of the vote.
(2)
Voice votes.
All commission members present should respond
				when a voice vote is taken.
a. All members
				present will be recorded as voting aye on any motion when there are no nay
				votes or abstentions heard.
b. Any
				member who abstains will state at the time of the vote the reason for
				abstaining. The abstention and the reason for it will be recorded in the
				minutes.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title I - General › Chapter 1 - Operation of Natural Resource Commission › Rule 571-1.6 - Minutes, Transcripts, and Recordings of Meetings

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Audio recordings.
The
				director may record each meeting and shall record each closed
				session.
(2)
Minutes.
The director will keep minutes of each meeting.
				Minutes will be reviewed and approved by the commission.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title I - General › Chapter 1 - Operation of Natural Resource Commission › Rule 571-1.7 - Officers and Duties

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Officers.
The officers of the commission are the chairperson,
				the vice chairperson, and the secretary.
(2)
Duties.
The chairperson
				will preside at meetings and will exercise the powers conferred upon the
				chairperson. The vice chairperson will perform the duties of the chairperson
				when the chairperson is absent or when directed by the chairperson. The
				secretary will make recommendations to the commission on approval or revision
				of the minutes and act as parliamentarian.
(3)
Elections.
Officers will
				be elected annually during May.
(4)
Succession.
a. If the
				chairperson does not serve out the elected term, the vice chairperson will
				succeed the chairperson for the remainder of the term. A special election will
				be held to elect a new vice chairperson to serve the remainder of the
				term.
b. If the vice chairperson
				does not serve out the elected term, a special election will be held to elect a
				new vice chairperson to serve the remainder of the term.
c. If the secretary does not serve out the
				elected term, a special election will be held to elect a new secretary to serve
				the remainder of the term.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title I - General › Chapter 1 - Operation of Natural Resource Commission › Rule 571-1.9 - Officers and Duties

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Officers.
The officers
				of the commission are the chairperson, the vice chairperson, and the
				secretary.
(2)
Duties.
The chairperson shall preside at meetings, and shall
				exercise the powers conferred upon the chairperson. The vice chairperson shall
				perform the duties of the chairperson when the chairperson is absent or when
				directed by the chairperson. The secretary shall make recommendations to the
				commission on approval or revision of the minutes and act as
				parliamentarian.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title I - General › Chapter 1 - Operation of Natural Resource Commission › Rule 571-1.10 - Election and Succession of Officers

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Elections.
Officers shall be elected annually during
				May.
(2)
Succession.
a. If the
				chairperson does not serve out the elected term, the vice chairperson shall
				succeed the chairperson for the remainder of the term. A special election shall
				be held to elect a new vice chairperson to serve the remainder of the
				term.
b. If the vice chairperson
				does not serve out the elected term, a special election shall be held to elect
				a new vice chairperson to serve the remainder of the term.
c. If the secretary does not serve out the
				elected term, a special election shall be held to elect a new secretary to
				serve the remainder of the term.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title I - General › Chapter 2 - Public Records and Fair Information Practices › Rule 571-2.1 - Adoption by Reference

Current through Register Vol. 47, No. 3, July 24, 2024
The commission adopts by reference 561-Chapter 2, Iowa
				  Administrative Code.
This rule is intended to implement Iowa Code chapter
				  22.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title I - General › Chapter 3 - Submission of Information and Complaints-investigations › Rule 571-3.1 - Adoption by Reference

Current through Register Vol. 47, No. 3, July 24, 2024
The commission adopts by reference 561-Chapter 3, Iowa
				  Administrative Code.
This rule is intended to implement Iowa Code section
				  17A.3(1).
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title I - General › Chapter 6 - Declaratory Rulings › Rule 571-6.1 - Adoption by Reference

Current through Register Vol. 47, No. 3, July 24, 2024
The commission adopts by reference 561-Chapter 6, Iowa
				  Administrative Code.
This rule is intended to implement Iowa Code section
				  17A.9.