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

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requirements for planning areas that fail to meet the 25% waste reduction goal because the enabling legislation was rescinded during the 2014 legislative session;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  • Outdated references to the Iowa Code will be corrected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 DNR is accepting written comments through January 20, 2016. After this comment period, any additional changes to the attached resulting from comments received will be incorporated and the proposed rule will be forwarded to the Governor’s Office for preclearance. Once preclearance is received, the proposed rule will be presented to the Environmental Protection Commission as a Notice of Intended Action to initiate the standard rule making process.

Public Comments Received:

Comment:

What is the purpose and benefit of the following rule change?  "Reduce planning area reporting requirements by removing the Municipal Solid Waste Recycling Survey and Online Survey. 

Rescind the requirement for local governments to complete the Municipal Solid Waste and Recycling Survey and accompanying forms in 567 IAC 101.10 and 101.11."  Without this requirement, communication throughout the planning area may be significantly reduced.

DNR Response:

  • When the Online Survey was developed, most planning areas did not host their own websites. Tools like the Greenlist.com were not available to help provide recycling information to residents and businesses. This is no longer true.
  • Many planning areas spend valuable resources - staff time and budget dollars - gathering data specific to the form and inputting data the Online Survey database. After the data is input, the information is not presently available for public review due to the technology of the database.
  • Elimination of this requirement would allow planning areas to collect information pertinent to them on their own timeline in conjunction with the Comprehensive Plan Update.
  • Some of the information requested in the Online Survey - such as permits and contact information is already available on DNR websites.
  • Some of the data required to be submitted changes as frequently as annually, making a five-year database become outdated.

Written comments may be submitted to:
Leslie Goldsmith
Iowa DNR
502 E. Ninth St.
Des Moines, IA 50319-0034
Fax 515-725-8202
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 DNR will accept written comments on the draft Notice of Intended Action (NOIA) through December 15, 2015. At that time we will work with stakeholders to resolve any issues and address any comments received. Once the NOIA has been finalized it will be submitted to the Governor’s Office for review. If approved, we will then move forward with the formal rulemaking process.

Written comments may be submitted to:
Theresa Stiner
Iowa DNR
502 E. Ninth St.
Des Moines, IA 50319-0034
Fax 515-725-8202
Email Theresa.Stiner@dnr.iowa.gov

Links to additional information or documents:

Contact:
Theresa Stiner
515-725-8315

Theresa.Stiner@dnr.iowa.gov

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 Notice of Intended Action has been approved by EPC. The DNR is accepting written comments through October 6, 2015 and will hold a public hearing will be held on October 6th, at 1:00 p.m. in the 4th floor West Conference Room of the Wallace State Office Building.

Written comments may be submitted to:
Tom Anderson
Iowa DNR
502 E. Ninth St.
Des Moines, IA 50319-0034
fax 515-725-8202
e-mail to Tom.Anderson@dnr.iowa.gov

Links to additional information or documents:

Contact:
Tom Anderson
515-725-8323
Tom.Anderson@dnr.iowa.gov