Rulemaking Actions

The Administrative Procedures Act, Iowa Code chapter 17A, requires all state agencies to promulgate rules for the operation of their programs. The rulemaking process increases agencies’ accountability to the public, allows public participation in the formulation of rules, and provides legislative oversight for program operations.

Below are the recent rulemaking activities that are being considered, have been proposed or are in the process of being adopted by the DNR for the chapters administered by the Solid Waste section and the Financial and Business Assistance section. Many of these proposals are a direct result of the comprehensive five year rule review required by 17A.7(2).

Current Rulemakings

Solid Waste Comprehensive Planning Requirements

Chapter(s) involved: 567 IAC 101 Solid Waste Comprehensive Planning Requirements, 567 IAC 100 Scope of Title - Definitions - Forms - Rules of Practice, 567 IAC 111 Annual Reports of Solid Waste Environmental Management Systems

Major provisions:

  • Rescind the state’s waste management hierarchy in 567 IAC 101.3 and replace all references to 567 IAC 101.3 with a reference to the waste management hierarchy in Iowa Code 455B.301A;
  • Remove requirements for planning areas that fail to meet the 25% waste reduction goal because the enabling legislation was rescinded during the 2014 legislative session;
  • Remove the waiver to exempt waste generated during a declared disaster from the tonnage fee because the legislation establishing the tonnage fee does not allow for this exemption
  • Reduce planning area reporting requirements by removing the Municipal Solid Waste Recycling Survey and Online Survey
  • Recognize the annual reports required for planning areas designated as Environmental Management Systems (EMS) as meeting the comprehensive plan update requirements.
  • Unused definitions will be removed and the remaining definitions will be moved to 567 IAC 100
  • Outdated references to the Iowa Code will be corrected

Status: 

The Notice of Intended Action (NOIA) has been approved Environmental Protection Commission (EPC). The DNR is accepting written comments through August 9, 2016 and will hold a public hearing on August 9, at 1:00 pm in the Fifth Floor East Conference Room of the Wallace Building.

Written comments may be submitted to:

Leslie Goldsmith
Iowa DNR, Land Quality Bureau
502 East 9th Street
Des Moines IA 50319-0034
Or by email to: leslie.goldsmith@dnr.iowa.gov

Links to additional information or documents:

Contact:
Leslie Goldsmith
515-725-8319
Leslie.Goldsmith@dnr.iowa.gov

Disposal of Yard Waste

Chapter(s) involved: 567 IAC 105.1(3) and (4) and 567 IAC 113.8(1)“b”(13)

Major provisions:

The changes will allow yard waste to be disposed in a sanitary landfill in the following circumstances:

  • When yard waste is collected for disposal as a result of a severe storm and the yard waste originates in an area declared to be a disaster area.
  • When yard waste is collected for disposal to control, eradicate or prevent the spread of insect pests, tree and plant diseases, or invasive plant species.
  • When yard waste is disposed of in a sanitary landfill that operates a methane collection system that produces energy.

The proposed changes will also remove the requirement for municipalities that provide for the collection of solid waste to also provide for separate collection of yard waste.

The exemptions to the prohibition of yard waste disposal were added to Iowa Code section 455D.9(1) in 2014 and 2015. The requirement for municipalities to provide separate collection of yard waste was removed from Iowa Code section 455D.9(2) in 2013. These changes to the administrative rules are needed to be consistent with Iowa Code.

Status:

The Notice of Intended Action (NOIA) has been approved Environmental Protection Commission (EPC). The DNR is accepting written comments through June 14, 2016 and will hold a public hearing on June 14, at 10:00 am in the Fifth Floor East Conference Room of the Wallace Building.

Written comments may be submitted to:

Theresa Stiner
Iowa DNR, Land Quality Bureau
502 East 9th Street
Des Moines IA 50319-0034
Or by email to: Theresa.Stiner@dnr.iowa.gov

Links to additional information or documents:

Contact:
Theresa Stiner
515-725-8315
Theresa.Stiner@dnr.iowa.gov