Asusedinthispart1ofsubchapterIV,unlessthecontextclearlyindicatesacontraryintent:
1. “Actual cost” means the operational, remedial and emergency action, closure,
postclosure, and monitoring costs of a sanitary disposal project for the lifetime of the project.
2. “Beneficial use” means a specific utilization of a solid by-product as a resource that
constitutes reuse rather than disposal, does not adversely affect human health or the
environment, and is approved by the department.
3. “Beverage” means wine as defined in section 123.3, subsection 53, alcoholic liquor as
defined in section 123.3, subsection 4, beer as defined in section 123.3, subsection 6, wine
cooler or drink, tea, potable water, soda water and similar carbonated soft drinks, mineral
water, fruit juice, vegetable juice, or fruit or vegetable drinks, which are intended for human
consumption.
4. “Beverage container” means a sealed glass, plastic, or metal bottle, can, jar, or carton
containing a beverage.
5. “Biodegradable” means degradable through a process by which fungi or bacteria
secrete enzymes to convert a complex molecular structure to simple gasses and organic
compounds.
6. “Closure” means actions that will prevent, mitigate, or minimize the threat to public
health and the environment posed by a closed sanitary landfill, including but not limited
to application of final cover, grading and seeding of final cover, installation of an adequate
85 JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES, §455B.301
monitoring system, and construction of ground and surface water diversion structures, if
necessary.
7. “Closure plan” means the plan which specifies the methods and schedule by which an
operator will complete or cease disposal operations of a sanitary disposal project, prepare
the area for long-term care, and make the area suitable for other uses.
8. “Degradable” means capable of decomposing by biodegradation, photodegradation, or
chemical process into harmless component parts after exposure to natural elements for not
more than three hundred sixty-five days.
9. “Financial assurance instrument” means an instrument submitted by an applicant to
ensure the operator’s financial capability to provide reasonable and necessary remedial
responses.
a. The instrument shall be sufficient to ensure adequate response pursuant to section
455B.304, subsection 6.
b. The instrument shall be sufficient to ensure the proper closure and postclosure care
of the project, and corrective action, if necessary, in the event the operator fails to correctly
perform those requirements.
c. The instrument may provide for one or more of the following:
(1) The establishment of a secured trust fund.
(2) The use of a cash or surety bond.
(3) The obtaining of insurance.
(4) The satisfaction of a corporate financial test.
(5) The satisfaction of a local government financial test.
(6) The obtaining of a corporate guarantee.
(7) The obtaining of a local government guarantee.
(8) The use of a local government dedicated fund.
(9) The obtaining of an irrevocable letter of credit.
10. “Gasification” means a process through which recoverable feedstocks are heated and
converted into a fuel and gas mixture in an oxygen-deficient atmosphere and the mixture is
converted to crude oil, diesel, gasoline, home heating oil, or other fuels; chemicals, waxes,
lubricants, chemical feedstocks, diesel and gasoline blendstocks, or other raw materials; or
intermediate or final products that are returned to the economic mainstream in the form of
raw materials, products, or fuels.
11. “Gasification facility” means a facility that receives, separates, stores, and converts
post-use polymers and recoverable feedstocks using gasification. A gasification facility is not
a sanitary disposal project, solid waste disposal facility, or processing facility.
12. “Incinerator” means any enclosed device using controlled flame combustion that does
not meet the criteria for classification as a boiler and is not listed as an industrial furnace.
“Incinerator” does not include thermal oxidizers used for the treatment of gas emissions.
13. “Leachate” means fluid that has percolated through solid waste and which contains
contaminants consisting of dissolved or suspended materials, chemicals, or microbial waste
products from the solid waste.
14. “Lifetime of the project” means the projected period of years that a sanitary landfill
will receive waste, from the time of opening until closure, based on the volume of waste to be
received projected at the time of submittal of the initial project plan and the calculated refuse
capacity of the sanitary landfill based upon the design of the project.
15. “Manufacturer” means a person who by labor, art, or skill transforms raw material
into a finished product or article of trade.
16. “Photodegradable” means degradable through a process in which ultraviolet radiation
in sunlight causes a chemical change in a material.
17. “Postclosure” and “postclosure care” mean the time and actions taken for the care,
maintenance, and monitoring of a sanitary disposal project after closure that will prevent,
mitigate, or minimize the threat to public health, safety, and welfare and the threat to the
environment posed by the closed facility.
18. “Postclosure plan” means the plan which specifies the methods and schedule by which
the operator will perform the necessary monitoring and care for the area after closure of a
sanitary disposal project.
§455B.301, JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES 86
19. “Post-use polymer” means a plastic polymer to which all of the following apply:
a. The plastic polymer is derived from any industrial, commercial, agricultural, or
domestic activities.
b. The plastic polymer is used or is intended to be used to manufacture crude oil, fuels,
feedstocks,blendstocks,rawmaterials,orotherintermediateproductsorfinalproductsusing
pyrolysis or gasification.
c. The plastic polymer may contain incidental contaminants or impurities, such as paper
labels or metal rings.
20. “Private agency” means a private agency as defined in section 28E.2.
21. “Public agency” means a public agency as defined in section 28E.2.
22. “Pyrolysis” means a process through which post-use polymers are heated in the
absence of oxygen until melted and thermally decomposed and are then cooled, condensed,
and converted to crude oil, diesel, gasoline, home heating oil, or other fuels; chemicals,
waxes, lubricants, chemical feedstocks, diesel and gasoline blendstocks, or other raw
materials; or intermediate or final products that are returned to the economic mainstream in
the form of raw materials, products, or fuels.
23. “Pyrolysis facility” means a facility that receives, separates, stores, and converts
post-use polymers using pyrolysis. A pyrolysis facility is not a sanitary disposal project, solid
waste disposal facility, or processing facility.
24. “Recoverable feedstock” means one or more of the following materials derived from
recoverablewastethathasbeenprocessedsothatitmaybeusedasfeedstockinagasification
facility:
a. Post-use polymers.
b. Materials for which the United States environmental protection agency has made a
nonwaste determination pursuant to 40 C.F.R. §241.3(c), or has otherwise determined are not
solid waste.
25. “Resource recovery system” means the recovery and separation of ferrous metals and
nonferrous metals and glass and aluminum and the preparation and burning of solid waste
as fuel for the production of electricity.
26. “Rubble”meansdirt,stone,brick,orsimilarinorganicmaterialsusedforbeneficialfill,
landscaping, excavation, or grading at places other than a sanitary disposal project. “Rubble”
includes asphalt waste only as long as it is not used in contact with water or in a floodplain.
For purposes of this chapter, “rubble” does not mean gypsum or gypsum wallboard, coal
combustion residue, foundry sand, or other industrial process wastes unless those wastes
are approved by the department.
27. “Sanitary disposal project” means all facilities and appurtenances including all
real and personal property connected with such facilities, which are acquired, purchased,
constructed, reconstructed, equipped, improved, extended, maintained, or operated to
facilitate the final disposition of solid waste without creating a significant hazard to the
public health or safety, and which are approved by the director. “Sanitary disposal project”
does not include a pyrolysis or gasification facility.
28. “Sanitary landfill” means a sanitary disposal project where solid waste is buried
between layers of earth.
29. “Solid waste” means garbage, refuse, rubbish, and other similar discarded solid or
semisolid materials, including but not limited to such materials resulting from industrial,
commercial, agricultural, and domestic activities. “Solid waste” may include vehicles, as
defined by section 321.1, subsection 90. This definition does not prohibit the use of rubble
at places other than a sanitary disposal project. “Solid waste” does not include any of the
following:
a. HazardouswasteregulatedunderthefederalResourceConservationandRecoveryAct,
42 U.S.C. §6921-6934.
b. Hazardouswasteasdefinedinsection455B.411,excepttotheextentthatrulesallowing
for the disposal of specific wastes have been adopted by the commission.
c. Source, special nuclear, or by-product material as defined in the Atomic Energy Act of
1954, as amended to January 1, 1979.
87 JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES, §455B.302
d. Petroleum contaminated soil that has been remediated to acceptable state or federal
standards.
e. Steel slag which is a product resulting from the steel manufacturing process and is
managed as an item of value in a controlled manner and not as a discarded material.
f. Material that is legitimately recycled pursuant to section 455D.4A.
g. Post-use polymers or recoverable feedstocks that are any of the following:
(1) Processed at a pyrolysis or gasification facility.
(2) Held at a pyrolysis or gasification facility prior to processing to ensure production is
not interrupted.
30. “Waste conversion technologies” means thermal, chemical, mechanical, and
biological processes capable of converting waste from which recyclable materials have been
substantially diverted or removed into useful products and chemicals, green fuels such
as ethanol and biodiesel, and clean, renewable energy. “Waste conversion technologies”
includes but is not limited to anaerobic digestion, plasma gasification, and pyrolysis, except
the term does not include gasification and pyrolysis facilities that process post-use polymers
or recoverable feedstocks.