LAWS OF THE 2001 REGULAR SESSION
OF THE SEVENTY-NINTH
GENERAL ASSEMBLY OF THE STATE OF IOWA

CHAPTER 124

SOLID WASTE — TONNAGE FEES — SOLID WASTE ACCOUNT MONEYS

H.F. 722   Bill History

AN ACT relating to tonnage fees and moneys in the solid waste account of the groundwater protection fund, and providing an effective date.

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

Section 1. Section 455B.310, subsection 4, Code 2001, is amended to read as follows:

4. Ninety-five If a planning area achieves the fifty percent waste reduction goal provided in section 455D.3, ninety-five cents of the tonnage fee shall be retained by a city, county, or public or private agency and . If the fifty percent waste reduction goal has not been met, one dollar and twenty cents of the tonnage fee shall be retained by a city, county, or public or private agency. Moneys retained by a city, county, or public or private agency shall be used as follows:

a. To meet comprehensive planning requirements of section 455B.306, the development of a closure or postclosure plan, the development of a plan for the control and treatment of leachate including the preparation of facility plans and detailed plans and specifications, and the preparation of a financial plan.

b. Forty-five If a planning area achieves the fifty percent waste reduction goal provided in section 455D.3, forty-five cents of the retained funds shall be used for implementing waste volume reduction and recycling requirements of comprehensive plans filed under section 455B.306. If the fifty percent waste reduction goal has not been met, seventy cents of the retained funds shall be used for implementing waste volume reduction and recycling requirements of comprehensive plans filed under section 455B.306. The funds shall be distributed to a city, county, or public agency served by the sanitary disposal project. Fees collected by a private agency which provides for the final disposal of solid waste shall be remitted to the city, county, or public agency served by the sanitary disposal project. However, if a private agency is designated to develop and implement the comprehensive plan pursuant to section 455B.306, fees under this paragraph shall be retained by the private agency.

c. For other environmental protection activities.

d. Each sanitary landfill owner or operator shall submit a return to the department identifying the use of all fees retained under this section including the manner in which the fees were distributed. The return shall be submitted concurrently with the return required under subsection 7.

Sec. 2. Section 455D.3, subsection 3, paragraph a, unnumbered paragraph 2, Code 2001, is amended to read as follows:

If at any time the department determines that a planning area has met or exceeded the twenty-five percent goal, but has not met or exceeded the fifty percent goal, a planning area shall subtract fifty sixty cents from the total amount of the tonnage fee imposed pursuant to section 455B.310. If at any time the department determines that a planning area has met or exceeded the fifty percent goal, a planning area shall subtract fifty cents from the total amount of the tonnage fee imposed pursuant to section 455B.310. The reduction in tonnage fees pursuant to this paragraph shall be taken from that portion of the tonnage fees which would have been allocated for funding alternatives to landfills pursuant to section 455E.11, subsection 2, paragraph "a", subparagraph (1).

Sec. 3. Section 455E.11, subsection 2, paragraph a, subparagraph (1), unnumbered paragraph 1, Code 2001, is amended to read as follows:

One dollar and seventy-five cents of After the one dollar and fifty-five cents is allocated pursuant to subparagraph (2), the remaining moneys from the tonnage fee shall be used for funding alternatives to landfills and shall be allocated as follows:

Sec. 4. Section 455E.11, subsection 2, paragraph a, subparagraph (1), subparagraph subdivision (b), Code 2001, is amended to read as follows:

(b) Sixty-five One hundred sixty-five thousand dollars 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.

Sec. 5. Section 455E.11, subsection 2, paragraph a, subparagraph (2), unnumbered paragraph 1, Code 2001, is amended to read as follows:

The remaining one One dollar and fifty-five cents shall be used as follows:

Sec. 6. This Act, with the exception of section 4 of this Act, shall take effect July 1, 2002.

Approved May 7, 2001



Updated: 29-Oct-2001 01:03 PM
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