§ 455B.305A — Local approval of sanitary landfill and infectious waste incinerator projects

Iowa § 455B.305A

• Jurisdiction: Iowa
• Title XI: NATURAL RESOURCES
• Ch. 455B: JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES

Text

1. a. Prior to the siting of a proposed, new sanitary landfill, incinerator, or infectious
medical waste incinerator, a city, county, or private agency, shall submit a request for local
siting approval to the city council or county board of supervisors which governs the city
or county in which the proposed site is to be located. The requirements of this section do
not apply to the expansion of an existing sanitary landfill owned by a private agency which
disposes of waste which the agency generates on property owned by the agency. The city
council or county board of supervisors shall approve or disapprove the site for each sanitary
landfill, or incinerator, or infectious medical waste incinerator.
b. Prior to the siting of a proposed new sanitary landfill or incinerator by a private agency
disposing of waste which the agency generates on property owned by the agency which is
located outside of the city limits and for which no county zoning ordinance exists, the private
agencyshallcausewrittennoticeoftheproposal,includingthenatureoftheproposedfacility,
and the right of the owner to submit a petition for formal siting of the proposed site, to be
servedeitherinpersonorbymailontheownersandresidentsofallpropertywithintwomiles
in each direction of the proposed local site area. The owners shall be identified based upon
theauthentictaxrecordsofthecountyinwhichtheproposedsiteistobelocated. Theprivate
agencyshallnotifythecountyboardofsupervisorswhichgovernsthecountyinwhichthesite
istobelocatedoftheproposedsiting, andcertifythatnoticeshavebeenmailedtoownersand
residents of the impacted area. Written notice shall be published in the official newspaper,
as selected by the county board of supervisors pursuant to section 349.1, of the county in
which the site is located. The notice shall state the name and address of the applicant, the
locationoftheproposedsite, thenatureandsizeofthedevelopment, thenatureoftheactivity
proposed, the probable life of the proposed activity, and a description of the right of persons
to comment on the request. If two hundred fifty or a minimum of twenty percent, whichever
is less, of the owners and residents of property notified submit a petition for formal review
to the county board of supervisors or if the county board of supervisors, on the board’s own
motion, requires formal review of the proposed siting, the private agency proposal is subject
to the formal siting procedures established pursuant to this section.
2. An applicant for siting approval shall submit information to the city council or county
board of supervisors to demonstrate compliance with the requirements prescribed by this
chapter regarding a sanitary landfill or infectious waste incinerator. Siting approval shall be
granted only if the proposed project meets all of the following criteria:
a. The project is necessary to accommodate the solid waste management needs of the
area which the project is intended to serve.
§455B.305A, JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES 92
b. The project is designed, located, and proposed to be operated so that the public health,
safety, and welfare will be protected.
c. The project is located so as to minimize incompatibility with the character of the
surrounding area and to minimize the effect on the value of the surrounding property. The
city council or county board of supervisors shall consider the advice of the appropriate
planning and zoning commission regarding the application.
d. The plan of operations for the project is designed to minimize the danger to the
surrounding area from fire, spills, or other operational accidents.
e. The traffic patterns to or from the project are designed in order to minimize the impact
on existing traffic flows.
f. Information regarding the previous operating experience of a private agency applicant
and its subsidiaries or parent corporation in the area of solid waste management or related
activities are made available to the city council or county board of supervisors.
g. The department of natural resources has been consulted by the city council or board of
supervisors prior to the approval.
3. a. No later than fourteen days prior to a request for siting approval, the applicant shall
cause written notice of the request to be served either in person or by restricted certified mail
on the owners of all property within the proposed local site area not solely owned by the
applicant, and on the owners of all property within one thousand feet in each direction of the
lot line of the proposed local site property if the proposed local site is within the city limits,
or within two miles in each direction of the lot line of the proposed local site property if the
proposed local site is outside of the city limits. The owners shall be identified based upon the
authentic tax records of the county in which the project is to be located.
b. Written notice shall be published in the official newspaper of the county in which the
site is located. The notice shall state the name and address of the applicant, the location of
the proposed site, the nature and size of the development, the nature of the activity proposed,
the probable life of the proposed activity, the date when the request for site approval will be
submitted, and a description of the right of persons to comment on the request.
4. a. An applicant shall file a copy of its request with the department and with the city
council or the county board of supervisors in which the proposed site is located. The request
shall include the substance of the applicant’s proposal and all documents, if any, submitted
as of that date to the department pertaining to the proposed project. All documents or
other materials pertaining to the proposed project on file with the city council or county
board of supervisors shall be made available for public inspection at the office of the city
council or county board of supervisors and may be copied upon payment of the actual cost
of reproduction.
b. Any person may file written comment with the city council or county board of
supervisors concerning the appropriateness of the proposed site for its intended purpose.
The city council or county board of supervisors shall consider any comment received or
postmarked not later than thirty days after the date of the last public hearing.
5. At least one public hearing shall be held by the city council or county board of
supervisors no sooner than ninety days but no later than one hundred twenty days from
receipt of the request for siting approval. A hearing shall be preceded by published notice in
an official newspaper of the county of the proposed site, including in any official newspaper
located in the city of the proposed site.
6. a. Decisions of the city council or the county board of supervisors shall be in writing,
specifying the reasons for the decision. The written decision of the city council or the
county board of supervisors shall be available for public inspection at the office of the city
council or county board of supervisors and may be copied upon payment of the actual
cost of reproduction. Final action shall be taken by the city council or the county board of
supervisors within one hundred eighty days after the filing of the request for site approval.
b. At any time prior to completion by the applicant of the presentation of the applicant’s
factual evidence and an opportunity for questioning by the city council or the county board
of supervisors and members of the public, the applicant may file not more than one amended
application upon payment of additional fees pursuant to subsection 9. The time limitation for
final action on an amended application shall be extended for an additional ninety days.
93 JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES, §455B.306
7. Construction of a project which is granted local siting approval under this section shall
commence within one calendar year from the date upon which it was granted or the permit
shall be nullified.
8. The local siting approval, criteria, and other procedures provided for in this section
are the exclusive local siting procedures. Local zoning, ordinances, or other local land use
requirements may be considered in such siting decisions.
9. A city council or a county board of supervisors shall charge an applicant for siting
approval, under this section, a fee to cover the reasonable and necessary costs incurred by
the city or county in the siting approval process.
10. An applicant shall not file a request for local siting approval which is substantially the
same as a request which was denied within the preceding two years pursuant to a finding
against the applicant under the established criteria.