Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title VIII - Solid Waste Management and Disposal › Chapter 101 - Solid Waste Comprehensive Planning Requirements › Rule 567-101.13 - Types of Comprehensive Plan Submittals to Be Filed

Current through Register Vol. 47, No. 3, July 24, 2024
There are three types of comprehensive plan submittals:
				  initial, updates, and amendments. The purpose of these types of comprehensive
				  plans is the development of a specific plan and schedule for implementing
				  technically and economically feasible solid waste management methods that will
				  prevent or minimize any adverse environmental impact and meet the state's waste
				  volume reduction and recycling goals pursuant to rule
				  567-101.6(455B,455D).
Cities and counties planning to use a municipal solid waste
				  sanitary disposal project in Iowa must participate in a comprehensive plan with
				  all other cities and counties using that municipal solid waste sanitary
				  disposal project. Cities and counties planning to use an out-of-state disposal
				  facility(ies) must file a comprehensive plan that identifies the out-of-state
				  facility(ies) used. Cities or counties using an out-of-state disposal
				  facility(ies) are still required to meet all comprehensive plan submittal
				  requirements.
If it is demonstrated to the department that any of the
				  provisions outlined in paragraphs "1" through "3" below will not impact the
				  planning area significantly, then the department may consider accepting a
				  comprehensive plan amendment. If during the planning cycle a change occurs to
				  an existing planning area, the submission of an initial comprehensive plan may
				  be required. An initial comprehensive plan is needed if:
1. A new planning area is
				established.
2. A change increases
				or decreases the population or the disposal tonnage of the planning area by
				more than 30 percent.
3. The solid
				waste disposal method has changed or a new method has been initiated, including
				siting of a new municipal solid waste landfill or municipal solid waste
				incinerator.
(1)
Content of an initial
				comprehensive plan.
In fulfillment of the requirements of Iowa Code
				section 455B.301A and Iowa Code chapter 455D, an initial comprehensive plan
				shall include the following information:
a. A
				description of the planning area and the public and private agencies involved
				in the integrated solid waste management system, including a description of
				each agency's role in managing solid waste generated in the area.
b. A resolution or resolutions from all local
				governments or 28E agencies established for the purpose of managing solid waste
				or implementing integrated solid waste management systems, or both, on behalf
				of local governments, and letters of cooperation from privately owned municipal
				solid waste sanitary disposal projects participating in the comprehensive plan.
				The resolution(s) shall include a statement that the comprehensive plan
				participants have reviewed the initial comprehensive plan and will adopt the
				implementation schedule contained within the initial comprehensive plan.
				Letters of cooperation from private agencies shall include a statement that the
				private agencies have reviewed the comprehensive plan and support the waste
				volume reduction and recycling efforts outlined therein. The letter of
				cooperation shall briefly summarize the implementation schedule. If a local
				government included in the planning area refuses to provide a resolution, then
				that local government must prepare its own comprehensive plan and is no longer
				considered to be in the original planning area. In such cases, the original
				comprehensive plan may still be approved if it includes a brief addendum
				stating the effect of the change on the waste stream, but the municipal solid
				waste sanitary disposal project(s) in the planning area may no longer accept
				waste from the local government that has withdrawn from the comprehensive plan.
				Privately owned municipal solid waste sanitary disposal projects failing to
				provide letters of cooperation will be unable to receive a permit or permit
				renewal. If a city, county, or other public agency complies with comprehensive
				planning requirements by means of a contract(s) with an agency holding a
				municipal solid waste sanitary disposal project permit or with a hauler(s) that
				has a contract(s) with an agency holding a municipal solid waste sanitary
				disposal project permit, a list of those contracts shall be submitted as
				provided in rule 567-101.5(455B,455D).
c. A detailed description of public
				participation, including:
(1) Details of
				ongoing strategies to provide the public with opportunities to provide
				input.
(2) A list of all public
				hearings or meetings that were held in conjunction with the development of the
				initial comprehensive plan and the methods used to publicize public meetings on
				the initial comprehensive plan.
(3)
				An account of opportunities for the public to comment on the initial
				comprehensive plan and minutes from any meetings regarding initial
				comprehensive plan development.
(4)
				Proof that a minimum of two public meetings were held during the development of
				the initial comprehensive plan. The first meeting shall inform the public of
				the initial comprehensive plan development process, while the second meeting
				shall provide the public with an opportunity for review and comment on the
				initial comprehensive plan.
d. A description of past local and regional
				planning activities.
e. A report of
				the base year waste stream in total tons per year. Progress toward meeting the
				state's waste volume reduction and recycling goals pursuant to rule
				567-101.6(455B,455D) shall be demonstrated through methods described in this
				chapter.
f. A description of
				population, employment, and industrial production as of the planning area's
				base year waste stream.
g. A
				description of the current waste composition and waste generation rates and a
				projection of waste composition and waste generation rates during the next
				planning cycle. This description should include the effects of anticipated
				planning area modifications on waste generation and composition in the future.
				These factors may include economic changes, population changes, loss or
				addition of communities to the planning area, and any other modification
				expected to affect the amount of waste generated.
h. A description of the current integrated
				solid waste management system that contains a specific methodology for meeting
				the state's waste volume reduction and recycling goals pursuant to rule
				567-101.6(455B,455D). This description shall include:
(1) Details of strategies and educational
				efforts designed to:
1. Increase public
				awareness about proper recycling and disposal options for motor oil and
				lead-acid batteries.
2. Encourage
				residents of the planning area to dispose of household appliances
				properly.
3. Encourage tire
				stewardship and proper tire recycling and disposal.
4. Encourage backyard composting and proper
				management of yard waste.
5.
				Encourage residents of the planning area to properly manage household hazardous
				waste.
(2) A list of
				collectors/recyclers used by the permitted municipal solid waste sanitary
				disposal project(s) for the proper management of tires or household
				appliances.
(3) A detailed
				narrative of all other existing waste management programs in the planning area
				that addresses all components of the state's waste management hierarchy. This
				narrative must include specific methodologies for the separation of glass,
				paper, plastic and metal. For each specific waste management program, the
				following shall be included:
1. Program
				description.
2. Responsibility for
				program oversight.
3. Funding
				source(s).
4. Public education
				strategies employed.
5. Targeted
				audiences (business and industry, urban residents, rural residents, local
				governments, and public institutions).
6. The anticipated impact on the waste stream
				and diversion during the next planning cycle.
(4) A discussion of the strengths and
				weaknesses of existing programs, efforts and strategies in the current
				integrated solid waste management system.
(5) An evaluation of the planning area's
				progress toward meeting the state's waste volume reduction and recycling goals.
				This evaluation shall address the goal progress calculation that was most
				recently provided in writing by the department. The department, upon written
				notification of intent to submit an initial comprehensive plan, will, within 30
				days after receipt of notification, perform a goal progress calculation using
				the most current complete fiscal year data set available.
i. An assessment of alternative waste
				management systems, programs and strategies that addresses each of the
				following tiers of the state's waste management hierarchy:
(1) Source reduction options including, but
				not limited to, backyard composting and management of household hazardous
				waste.
(2) Recycling and reuse
				options.
(3) Combustion options
				with or without energy recovery. Any programs using incineration, with or
				without energy recovery, must include methodologies for prior removal of
				recyclable and reusable material, material that will result in uncontrolled
				toxic or hazardous air emissions when burned, and hazardous or toxic materials
				which are not rendered nonhazardous or nontoxic by incineration.
(4) Use of other existing or planned sanitary
				landfills or transfer stations.
j. If construction of a new or purchase of an
				existing municipal solid waste sanitary disposal project is considered or
				proposed, an initial comprehensive plan shall include:
(1) A summary of established and anticipated
				regulatory requirements regarding future siting, operation, closure and
				postclosure of each facility.
(2) A
				financial plan detailing the actual cost of the municipal solid waste sanitary
				disposal project, including the funding sources of the project, and a
				description that spans two planning cycles of the methods of financing. The
				financial plan shall address:
1. Initial
				capital expenditures, including land acquisition, if applicable.
2. Local approval costs, including legal,
				engineering, and administrative fees.
3. Long-term costs, operations, closure and
				postclosure.
4. A mechanism to fund
				closure and postclosure costs.
5.
				Projected annual revenues.
(3) A description of expected environmental
				impacts from the construction of a new or purchase of an existing municipal
				solid waste sanitary disposal project.
1
												(4) Rescinded
				IAB 7/4/07, effective 10/1/07.
k. A specific plan and schedule for
				implementing the initial comprehensive plan during the next planning cycle.
				Items that shall be addressed include:
(1)
				Proposed activities and locations.
(2) Responsible organization(s).
(3) Implementation milestones.
(4) Public education strategies.
(5) Anticipated impact on the waste stream
				and diversion.