SF 2176 — A bill for an act relating to programs within the department of natural resources, including specifications of procedures relating to solid waste disposal and the repeal of the state interagency Missouri river authority and the mercury-free recycling Act. (Formerly SSB 3041.) Effective date: 07/01/2022.

KSenate iFile m2176 R- eEnrolled ySenate nFile o2176 lAN dACT sRELATING OTO fPROGRAMS fWITHIN iTHE cDEPARTMENT eOF oNATURAL fRESOURCES, tINCLUDING hSPECIFICATIONS eOF GPROCEDURES oRELATING vTO eSOLID rWASTE nDISPOSAL oAND rTHE AREPEAL dOF aTHE mSTATE GINTERAGENCY rMISSOURI eRIVER gAUTHORITY gAND GTHE OMERCURY-FREE VRECYCLING EACT. R N O R L T g o v e r n o r April21.2022 The Honorable Paul Pate SecretaryofStateofIowa StateCapitol Des Moines,Iowa50319 DearMr.Secretary, Iherebytransmit:

SenateFile2176.anActrelatingtoprogramswithintheDepartmentofNaturalBE Resources,includingspecificationsofproceduresrelatingtosolidwastedisposalandtheIT repealoftheStateInteragencyMissouriRiverAuthorityandtheMercury-FreeRecyclingENACTED Act.BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

TheaboveSection SenateFileisherebyapprovedon1. thisdate.

Sincerely,Section KimTteynold455B.301, Governorsubsection ofIowa14, cc:Code 2022, is amended to read as follows:

SecretaryoftheSenate Clerk ofthe House STATE CAPITOL DES MOINES, IOWA 50319 515.281.5211 FAX 515.725.35WWW.GOVERNOR.IOWA.GOV '■ r T T i m i n i i i i m n n n m m n i i m m m i i m i i i iNTA) riim iiiiiiii II iiiH [iniiin G F .

N K R A L A S S F M I M lW lB ii i 1 S e n a teF i l e 2 1 7 6 AN A C T R E LA T IN G TO PROGRAMS W IT H IN THE DEPARTMENT OF NATURAL RESOURCES, IN C LU D IN G S P E C IF IC A T IO NOF PROCEDURES R ELATIN G TO S O L ID WASTE D IS P O S A AND THE R EPEAL OF THE STATE IN TER AG EN C Y M IS S O U R IR IV E R A U TH O R ITY AND THE M ERCURY-FREE R E C Y C L IN A C T , BE I T ENACTED BY THE GENERAL ASSEM BLY OF THE STATE OF IO W A :

S e c tio n 1.

S e c tio n 455B .301, s u b s e c tio n14, Code 2022, is am ended t o re a d a s f o llo w s :

^Lifetim“Lifetime eof o f the pproject” ro je c t" means the projected period of yyears ethat a rssanitary thlandfill awill treceive awaste, sfrom athe ntime itaof r y l a n d f i lw i l l re c e iv e w a s te ,fro m th e tim e o f opening uuntil nclosure, tbased il c lo s u re ,based on ththe e volume oof fwaste w aste to be rereceived cprojected eat ivthe etime dof psubmittal roof jethe cinitial teproject d a t th e tim e o f s u b m itta l o f th e i n i t i a l p ro je c t plan and the cacalculated lcu la te d refuse capacity oof f the sasanitary nlandfill ita ry la n d f ill based upon the design oof f the pproject. ro je c t.

SSection e455B.303, csubsections tio n 455B .303, s u b s e c tio n 2 and 3, Code 2022, aare ramended eto aread mas efollows: n d e t o r e a d a s f o l l o w s :

LLocal o ca l boards oof fhealth hshall ecooperate a lth s h a ll co o p e ra te in the enforcemenforcement entof o f the pprovisions ro visio n s of said ththis ispart p a rt and the ddirector ire c to r may seek ththeir e ir aid and delegate aadministrative d m in is tra tiv e duties of the department to the lolocal c a l boards oof fhealth h e a lth in mmatters attersrelating re la tin g to ssolid owaste, lidrefuse wdisposal aste/plants, rofuoG d isp o sa l plantoy and ssanitary adisposal nprojects. ita ry d is p o s a l p ro je c ts .

The ddirector ire c to r may isissue, smodify, u e , m o d ify , or deny vvariances awaivers ria n o c o w a ive rs from the rurules leof s o f the comcommission. m ission.

The aapplicant p p lic a n t may appeal the ddecision eof cthe isdirector ioto nothe fcommission. th e d ir e c t o t o th e c o m m is s io n .

Section 455B.304, subsections 44, ,5, 56, ,7, 611, ,13, 1 , 1 1 , 1 3 , and 14, Code 2022, are amended to read as follows:

The commission shall adopt rules requiring that each sanitary disposal project landfill established pursuant to section 455B.302 and permitted pursuant to section 455B.305 install and maintain a sufficient number of groundwater monitoring wells to adequately determine the quality of the groundwater and the impact the sanitary disposal project landfill,landfill , if any, is having on the groundwater adjacent to the sanitary disposal project site landfill.

The commission may prescribe a lesser period of monitoring duration and frequency in consideration of the potential or lack thereof for groundwater contamination from -thethe a sanitary diopooaldisposal project landfill.

3 landfill with a leachate control system and the establishment and continuation of a postclosure account, the department shall adopt rules which that provide for an exemption from the requirements to equip a publicly owned sanitary landfill with a leachate control system and to establish and maintain a postclosure account if the sanitary landfill operator is a public agency, if the sanitary landfill feas-has closed or will close by July 1, 1992, and will no longer acoGptaccept accepted waste for disposal after that date, and if at the time of closure of the sanitary landfill monitoring of the groundwater does not reveal the presence of leachate.

The department shall require postclosure groundwater monitoring and shall establish the requirements for the implementation of leachate collection and control in cases in which leachate iis s found during postclosure monitoring.

The commission shall adopt rules providing for the land application of soils resulting from the remediation of underground storage tank releaoGOreleases petroleum releases and the land application of certain solid wastes including industrial sludges in the state.

Section 455B.305, subsection 1, paragraph a.a, Code 2022, is amended to read as follows:

Codea. 2022, is amended to read as follows:

a, A permit shall be issued by the director or, at the director'sdirector’s direction, by a local board of health for each sanitary disposal project operated in this state.

Section 455B.305, subsection 3, Code 2022, is aamended mto eread nas tfollows: o r e aa s f o l l o w s :

The director shall not issue or renew a permit for a Senate File 2176r2176, p>p. 4 sanitary landfill unless the sanitary landfill is equipped with a leachate control system.

4 sanitary landfill unless the sanitary landfill is equipped with a leachate control system.

For purposes of this subsection, 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 sanitary landfill it is using for final disposal of its ssolid owaste. l iw a s t e .

Section 455B.306, subsection 7, paragraph a.a, Code 2022, is amended to read as follows:

Codea. 2022, is amended to read as follows:

a, A closure and postclosure plan detailing the schedule for and the methods by which the operator will meet the conditions for proper closure and postclosure adopted by rule by the commission.

In addition to the comprehensive plan filed pursuant to subsection 1, a person operating, or proposing to operate, a sanitary disposal project shall provide a financial assurance instrument to the department prior to the initial approval of a permit or prior to the renewal of a permit for an existing or expanding facility beginning July 1»1, 1Q88.1988 .

Section 455B.306, subsection 9, paragraph b, unnumbered paragraph 1, Code 2022, is amended to read as ffollows: o l l o w s :

The operator of a sanitary landfill shall maintain closure and postclosure accounts, which may be combined into one account.account .

Section 455B.306, subsection 9, paragraph e.e, Code 2022, is amended to read as follows:

Code 2022, is amended to read as follows:

TThe hannual e a n n u a l financial statement submitted tto o the department pursuant to subsection 7, paragraph “c”, shall include the current amounts established in each of the accounts account and the projected amounts to be deposited in the accounts into each account in the following year.

Section 455B.310, subsection 7, Code 2022, is aamended mto e n dt o read aas sfollows: f o l l o w s :

PeesFees imposed by this section shall be paid to the department on a quarterly basis with payment due by no more than ninety days following the quarter during which the fees were collected.

Sanitary landfills serving more than one planning area shall submit separate reports for each planning aarea. r e a .

Section 455B.314, Code 2022, is amended to read as ffollows: o l l o w s :

Beginning January It1, IQQOy1990, a A sanitary disposal project that includes incineration as a part of its disposal process shall separate from the materials to be incinerated recyclable and reusable materials, materials which that will result in uncontrolled toxic or hazardous air emissions when burned.burned, Senate File 2176, p.