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.
