Iowa Code agency 567, tit. VIII, ch. 113 - SANITARY LANDFILLS FOR MUNICIPAL SOLID WASTE: GROUNDWATER PROTECTION SYSTEMS FOR THE DISPOSAL OF NONHAZARDOUS WASTES

  1. Rule 567-113.1 - Purpose
  2. Rule 567-113.2 - Applicability and compliance
  3. Rule 567-113.3 - Definitions
  4. Rule 567-113.4 - Permits
  5. Rule 567-113.5 - Permit application requirements
  6. Rule 567-113.6 - Siting and location requirements for MSWLFs
  7. Rule 567-113.7 - MSWLF unit design and construction standards
  8. Rule 567-113.8 - Operating requirements
  9. Rule 567-113.9 - Environmental monitoring and corrective action requirements for air quality and landfill gas
  10. Rule 567-113.10 - Environmental monitoring and corrective action requirements for groundwater and surface water
  11. Rule 567-113.11 - Record-keeping and reporting requirements
  12. Rule 567-113.12 - Closure criteria
  13. Rule 567-113.13 - Postclosure care requirements
  14. Rule 567-113.14 - Municipal solid waste landfill financial assurance
  15. Rule 567-113.15 - Variances
  16. Appendix I
  17. Appendix II

Notes

Iowa Code agency 567, tit. VIII, ch. 113

[Prior to 12/11/02, see 567-Chs 102, 103, 110]

Chapter rescission date pursuant to Iowa Code section 17A.7: 1/1/28

These rules are intended to implement Iowa Code section 455B.304.

[Filed 11/21/02, Notice 9/18/02-published 12/11/02, effective 1/15/03]

[Filed 6/14/07, Notice 12/6/06-published 7/4/07, effective 10/1/07]1

[Filed 12/10/08, Notice 6/4/08-published 12/31/08, effective 2/4/09]

[Editorial change: IAC Supplement 2/25/09]

[Filed ARC 2692C (Notice ARC 2539C, IAB 5/25/16), IAB 8/31/16, effective 10/5/16]

OBJECTION

At its February 6, 2009 meeting the Administrative Rules Review Committee voted to object to the provisions of ARC 7474B relating to the closure of existing landfills. This filing appears in IAB Vol. XXXI, No. 14 (12-31-2008). The committee takes this action pursuant to the authority of ยง 17A.4(5).

This rulemaking attempted to resolve issues raised by a Committee objection imposed in December, 2007. Although the Commission has made a serious effort to resolve the issues surrounding the 2007 rulemaking, the Committee believes the main underlying issue in the 2007 objection remains: that ARC 7474B is unreasonable because projects that were designed and constructed in accordance with rules in effect at the time of construction cannot be required to be redesigned or reconstructed due to subsequent rule changes unless the department finds that such facilities are causing pollution. That principle was set out in a "grandfather" clause which first appeared in an earlier rule and while it remains in place it has been restricted in the current filing. This filing continues to impose new requirements on facilities properly designed, constructed and permitted under the earlier rules. The committee believes the right conferred in the earlier rule cannot be extinguished or conditioned.

Objection filed February 10, 2009

Effective date delayed 70 days by the Administrative Rules Review Committee at its meeting held September 11, 2007.