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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).

Anticipated Rulemakings (rules that have not yet been presented to the EPC for review):


Title of rulemaking: Landfill Alternatives Financial Assistance
Chapter(s) involved: 567 IAC 209 Solid Waste Alternatives Program
Major provisions: 

  • Renaming the Chapter to Landfill Alternatives Financial Assistance;
  • Reformatting the current Chapter 209, into three distinct parts:
    • Rules common to both the Solid Waste Alternatives Program and the Derelict Building Grant Program, including adding definitions relating to the derelict Building Grant Program;
    • Rules specific to the Solid Waste Alternatives Program (no changes from existing rule); and
    • Adding rules specific to the Derelict Building Grant program.

Status: The DNR is preparing the Preclearance form for submittal to the Governor’s Office
Links to additional information or documents: 

Contact person:
Tom Anderson
Department of Natural Resources
502 E. 9th Street Des Moines, IA 50319-0034
tom.anderson@dnr.iowa.gov

 


Notices of Intended Action (NOIA):

Title of rulemaking: Rescission of Obsolete Solid Waste Chapters and Rules
Chapter(s) involved:

  • Portions of 567 IAC 107 Beverage Container Deposits
  • 567 IAC 110 Hydrogeologic Investigation and Monitoring Requirements
  • 567 IAC 112 Sanitary Landfills: Biosolids Monofills
  • 567 IAC 210 Beautification Grant Program
  • 567 IAC 218 Waste Tire Stockpile Abatement Program

Major provisions:

  • 567 IAC Chapter 107 Beverage Container Deposits: 567 IAC 107.1: Rescind the un-numbered third paragraph, which refers to a repealed statute.
    • 567 IAC 107.2: Rescind the unnecessarily redundant definitions of “Alcoholic beverage”, “Alcoholic liquor” or “intoxicating liquor”, “Beer”, and “Wine”; and amend the definition of “Beverage” in 567 IAC 107.2 to update its cross-references to the definitions of alcoholic liquor, beer, and wine in Iowa Code section 123.3.
    • 567 IAC 107.16: Rescind the rule.
  • 567 IAC chapter 110 Hydrogeologic Investigation and Monitoring Requirements: Rescind and reserve the chapter
  • 567 IAC chapter 112 Sanitary Landfills: Biosolids Monofills: Rescind and reserve the chapter
  • 567 IAC chapter 210 Beautification Grant Program: Rescind and reserve the chapter
  • 567 IAC chapter 218 Waste Tire Stockpile Abatement Program: Rescind and reserve the chapter

Status: The Environmental Protection Commission  has approved moving forward with the Notice of Intended Action.  Any interested person may make written suggestions or comments on the proposed amendment and rescissions on or before 4:30 p.m. on February 18, 2015.  Such written materials should be directed to Theresa Stiner, Iowa Department of Natural Resources, 502 East 9th Street, Wallace State Office Building, Des Moines, Iowa 50319-0034, fax (515)725-8202; or by E-mail to Theresa.Stiner@dnr.iowa.gov.  Persons who have questions may contact Theresa Stiner by E-mail or at (515)725–8315.
    A public hearing will be held on February 18, at 1:00 pm in the Fourth Floor, West  Conference Room of the Wallace State Office Building, 502 East Ninth Street, Des Moines, Iowa.  Persons attending the public hearing may present their views either orally or in writing.  At the hearing, persons will be asked to give their names and addresses for the record and to confine their remarks to the proposed rule making.

Links to additional information or documents:
Notice of Intended Action, Fiscal Impact Statement and Jobs impact Statement

Contact person:
Theresa Stiner
Department of Natural Resources
502 E. 9th street
Des Moines IA 50319 – 0034
Theresa.Stiner@dnr.iowa.gov
515-725-8315

 


Final Rules:

  • None at this time.

Links:

DNR Contact
Chad Stobbe
515-725-8351
Chad.Stobbe@dnr.iowa.gov


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