Planning agencies may request that the department complete a
goal progress recalculation once per fiscal year to resolve any discrepancies
and to further evaluate progress toward the state's waste volume reduction and
recycling goals. At the time of approval of a comprehensive plan or
comprehensive plan update, the department will use the most current complete
fiscal year data set available to complete goal progress calculations, which
will be used to meet the requirements outlined in rule
567-101.14 (455B,455D).
(1) The base
year adjustment method (see Formula 1) controls for population, employment, and
taxable sales to more accurately determine progress toward the state's waste
volume reduction and
recycling goals. Factors included within the base year
adjustment method include:
a. Base year
residential waste disposal tonnage - (A).
b. Base year commercial waste disposal
tonnage - (B).
c. Base year
population data (U.S. Bureau of the Census) - (C).
d. Base year employment data - total nonfarm
(Iowa Department of Workforce Development) - (D).
e. Base year taxable sales data (Iowa
Department of Revenue) - (E).
f.
Base year consumer price index - (F).
g. Most current complete fiscal year data set
available for waste disposal tonnage - (G).
h. Most current complete fiscal year data set
available for population (U. S. Bureau of the Census) - (H).
i. Most current complete fiscal year data set
available for employment - total nonfarm (Iowa Department of Workforce
Development) - (I).
j. Most
current complete fiscal year data set available for taxable sales (Iowa
Department of Revenue) - (J).
k.
Most current complete
fiscal year data set available for
consumer price index -
(K).
Formula I
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(2) Planning agencies must document the
amount of waste disposed of in both the base year and the most current
fiscal
year where a complete data set is available. If no changes have occurred within
the
planning area that would affect the base year, then only data for the most
current
fiscal year for which a complete data set is available need to be
presented in the
comprehensive plan update, since information on each
planning
area's base year tonnage is presented in prior
comprehensive plan submittals.
Tonnage data sources that each
planning agency must identify include, but are
not limited to:
a. Landfill(s) within the
planning area and its respective service area(s).
b. Transfer station(s) or hauler(s)
transporting waste into or out of the planning area for final
disposal.
c. Incineration with or
without energy recovery of waste within the planning area.
d. Allowable base year adjustment method
exemptions, including exceptional events, waste originating from out of state,
and solid waste generated outside the planning area.
(3) Waste generated as part of an exceptional
event or contaminated soils removed as part of a brownfield or contaminated
site cleanup should not negatively affect a
planning area's goal progress
calculation.
a. Exceptional events include,
but are not limited to, such unforeseen disasters as storms, fires, floods,
tornadoes, or train wrecks. Exceptional events do not include economic
development, derelict housing removal, or other planned activities/demolitions.
Written requests to exempt exceptional event debris from goal progress
calculations shall be made to the
department on the required Quarterly
Solid
Waste Fee Schedule and Retained Fees Report, DNR Form 542-3276.
Requests for goal progress calculation exemptions must be
made within six months after initial disposal of the debris. The determination
to exempt exceptional-event debris from goal progress calculations shall be
made solely by the department and shall not be made independently by individual
municipal solid waste sanitary disposal projects or planning agencies. Upon
review of the request, the department will notify the municipal solid waste
sanitary disposal project and planning agency of the determination in writing
or request further documentation.
(1)
Exemption requests shall, at a minimum, include:
1. Date(s) of duration of the exceptional
event.
2. Type of event (i.e.,
flood, tornado, combination thereof).
3. Description of affected area(s), including
approximate number of buildings and addresses, if available.
4. Type(s) of waste to be exempted.
5. Actual tonnage of debris disposed of
during the quarter.
6. Preliminary
estimate of the total tonnage to be exempted (i.e., tons already disposed of
and potential tons to be disposed of in future quarters).
(2) Additional documentation to verify the
exceptional event and the debris it generated may be requested by the
department. Failure to submit requested documentation may result in denial of
the goal progress calculation exemption request. Documentation may include:
1. Protocol used by the municipal solid waste
sanitary disposal project staff for determining which waste(s) coming into the
facility was attributed to the exceptional event.
2. Summary of existing policies to divert
storm debris from disposal, as well as the amount of waste(s)
diverted.
3. Copies of scale
tickets and summary report of scale tickets.
4. Federal Emergency Management Agency (FEMA)
reports, if any.
5. Newspaper
articles or pictures of affected areas.
6. Supporting documentation indicating
estimated remaining tonnage expected as a result of the exceptional event
(i.e., supporting documentation from local insurance companies or municipal
building inspectors).
7. Contact
information for the person(s) responsible for compiling the exceptional event
report(s).
b.
Contaminated soils removed as part of a brownfield or contaminated
site cleanup
should not negatively affect a
planning area's goal progress calculation. If
the
contaminated soil is to be disposed of in a
municipal solid waste sanitary
disposal project, the
municipal solid waste sanitary disposal project or
planning agency must request the goal progress exemption in writing, in
accordance with the procedures outlined in this rule. Written requests to
exempt
contaminated soil from goal progress calculations shall be made to the
department on the Quarterly
Solid Waste Fee Schedule and Retained Fees Report,
DNR Form 542-3276. Requests for goal progress exemptions must be made within
six months after initial disposal of the
contaminated soil.
The determination to exempt contaminated soil from goal
progress calculations shall be made solely by the department and shall not be
made independently by individual municipal solid waste sanitary disposal
projects or planning agencies. The department shall notify the municipal solid
waste sanitary disposal project or planning agency in writing of the
determination or shall request further clarification to make an exemption
decision. Failure to submit additional information requested by the department
regarding the request to exempt contaminated soil may result in a denial of the
goal progress calculation exemption request. Contaminated soil occurrences not
eligible for goal progress exemption include, but are not limited to, illegal
municipal solid waste disposal sites and contaminated soils formed for the sole
purpose of requesting goal progress exemption. Exemption requests shall
include, at a minimum, the following:
(1) Contact information of the primary and
any other government agency overseeing or involved with site cleanup.
(2) Address of the brownfield or contaminated
site.
(3) Date(s) when the site was
believed to have been contaminated, if known.
(4) Type of operation and owners of the
operation that led to the contamination, if known.
(5) Constituents of concern present in the
soil.
(6) Types of miscellaneous
waste mixed with the soil, if any.
(7) Appropriate testing for identified
contaminants of the contaminated soil.
(8) Actual tonnage of contaminated soil
disposed of during the quarter.
(9)
Preliminary estimate of the total tonnage to be exempted (i.e., tons of
contaminated soil already disposed of and potential tons to be disposed of in
future quarters).
(10) Narrative
justification to explain why disposal in a municipal solid waste sanitary
disposal project is the best site cleanup methodology.
