Iowa Admin. Code r. 567-101.13 - Types of comprehensive plan submittals to be filed
There are three types of
Cities and counties planning to use a
If it is demonstrated to the
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waste from the local government that has withdrawn from the comprehensive plan .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.
(2)
Comprehensive plan updates for
municipal solid waste sanitary disposal projects. The department shall
notify a planning agency of the due dates of the comprehensive plan update
submittal a minimum of 12 months prior to the beginning of the planning cycle .
In fulfillment of the requirements of Iowa Code section 455B.301A and Iowa Code
chapter 455D, a comprehensive plan update shall include the following
information:
a. A narrative that describes any
permanent change in the planning area that has resulted in change in the waste
stream, if applicable. An amendment to the comprehensive plan update is
required prior to the facility's receiving waste on an ongoing basis from
outside the delineated planning 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
update . The resolution(s) shall include a statement that the comprehensive plan
participants have reviewed the comprehensive plan update and will adopt the
implementation schedule contained in the comprehensive plan update . Letters of
cooperation from private agencies shall include a statement that they have
reviewed the comprehensive plan update and support the waste 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 update
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
description of public participation, including:
(1) A summary 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 comprehensive plan
update and the methods used to publicize public meetings.
(3) Proof that a minimum of two public
meetings were held during the development of the comprehensive plan update . The
first meeting shall inform the public of the comprehensive plan update
development process, while the second meeting shall provide the public with an
opportunity for review and comment on the comprehensive plan update .
(4) An account of opportunities for the
public to comment on the comprehensive plan update and minutes from any
meetings regarding comprehensive plan update development.
d. A report of the base year waste stream in
total tons per year. This base year data and landfill tonnage information for
the most current completed fiscal year data set available will be used to
demonstrate progress toward meeting the state's waste volume reduction and
recycling goals pursuant to rule 567-101.6 (455B,455D) through methods described
in this chapter.
e. A description
of changes in population, employment, and industrial production since the last
approved comprehensive plan or comprehensive plan update .
f. A description of current waste composition
and waste generation rates, including:
(1)
Changes since the last approved comprehensive plan or comprehensive plan
update .
(2) 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.
g. A discussion of changes to the integrated
solid waste management system since the last approved comprehensive plan or
comprehensive plan update , including:
(1) New
and evolving strategies, efforts, and programs implemented within the planning
area 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.
6. Provide for the separation of glass,
paper, plastic and metal.
(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 waste
management programs implemented since the last approved comprehensive plan or
comprehensive plan update that addresses all components of the state's waste
management hierarchy. For each specific waste management program implemented
since the last approved comprehensive plan or comprehensive plan update , the
following shall be included:
1. Program
description.
2. Responsibility for
program oversight.
3. Public
education strategies employed.
4.
Targeted audiences (business and industry, urban residents, rural residents,
local governments , and public institutions).
5. The anticipated impact on the waste stream
and diversion during the next planning cycle .
h. An evaluation of progress toward meeting
the state's waste volume reduction and recycling goals using the goal progress
calculation provided by the department 12 months prior to the due date of the
comprehensive plan update , if requested by the planning agency . This analysis
may use any combination of the following methodologies:
(1) Trend analysis of goal progress since the
initial comprehensive plan .
(2)
Formal, stakeholder-based collaborative goal-setting process leading to
development of long-range integrated solid waste management system goals. The
process shall include development of detailed objective-based strategies to
achieve the desired goals. If programs have been implemented since the
establishment of the goals, the comprehensive plan update shall include
analysis of their impact on the long-range goals.
(3) An analysis of the effectiveness or
benefit of existing programs, individually and in aggregate, including a
discussion of opportunities and need for improvement, modification or
expansion.
i. Analysis
of the impact of alternative solid waste management methods not currently
employed, but being considered within the planning area .
j. A specific plan and schedule for
implementing the 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.
k. Annual reports submitted by planning
agencies designated as environmental management systems, pursuant to Iowa Code
section 455J.7, which satisfy the comprehensive plan update submittal
requirements of this subrule.
(3)
Transfer stations and
construction and demolition waste disposal sites. Rescinded IAB
8/12/09, effective 9/16/09.
(4)
Comprehensive plan updates for permitted monowaste facilities.
Rescinded IAB 8/12/09, effective 9/16/09.
(5)
Comprehensive plan updates for
permitted monogenerator facilities. Rescinded IAB 8/12/09, effective
9/16/09.
(6)
Comprehensive
plan updates for permitted incinerators. Rescinded IAB 8/12/09,
effective 9/16/09.
(7)
Comprehensive plan amendments. If a municipal solid waste
sanitary disposal project or city or county requests to be included in a
planning area after completion of an initial comprehensive plan or a
comprehensive plan update but before the next comprehensive plan update is due,
and the planning area participants agree to include the city, county, or
municipal solid waste sanitary disposal project , the following procedure is
required:
a. A letter must be submitted to the
department by the facility operator describing the facility's operation and the
amount of waste to be managed, or by the city or county describing that local
government's intention to participate in the specified comprehensive
plan .
b. In a letter that must be
submitted to the department , the planning agency must agree to accept the city,
county, or municipal solid waste sanitary disposal project in the planning
agency 's planning area and must state how the change will affect the planning
area 's waste stream, including an explanation of the change in the planning
area , the amount of waste involved and details of waste reduction and recycling
efforts that will be implemented in any new communities, if
applicable.
c. The next
comprehensive plan update submitted by the planning agency shall include the
amended city, county, or municipal solid waste sanitary disposal
project .
d. If a city or county
joins a planning area , a resolution must be submitted to the department stating
the city's or county's commitment to the comprehensive plan of the planning
area , and stating that the city or county will work to implement the
comprehensive plan of the planning area .
(8)
Failure to meet the 25 percent
waste volume reduction and recycling goal. Rescinded ARC 2756C, IAB
10/12/16, effective 11/16/16.
1 Effective date of rescission of 101.13(1)"j"(4) delayed 70 days by the Administrative Rules Review Committee at its meeting held September 11, 2007.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.