Section 455D.9. Land disposal of yard waste — prohibited.

  1.  Land disposal of yard waste as defined by the department is prohibited. A sanitary landfill may accept yard waste under any of the following circumstances:

  a.  When the yard waste is separated at its source from other solid waste and is accepted by the sanitary landfill for the purposes of soil conditioning and composting.

  b.  When the 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 in a declaration issued by the president of the United States or the governor.

  c.  When the yard waste is collected for disposal to control, eradicate, or prevent the spread of insect pests, tree and plant diseases, or invasive plant species problems.

  d.  When the yard waste is collected for disposal by a sanitary landfill that operates a methane collection system that produces energy.

  2.  The department shall assist local communities in the development of collection systems for yard waste generated from residences and shall assist in the establishment of local composting facilities. Each city and county shall, by ordinance, require persons within the city or county to separate yard waste from other solid waste generated.

  3.  The department shall adopt rules which define yard waste and provide for the safe and proper method of composting yard waste and other organic materials.

  4.  State and local agencies responsible for the maintenance of public lands in the state shall give preference to the use of composted materials in all land maintenance activities.

  5.  This section does not prohibit the use of yard waste as land cover or as soil conditioning material.

  6.  This section prohibits the open burning of yard waste within the permitted boundary at a sanitary disposal project.

89 Acts, ch 272, §9

; 90 Acts, ch 1191, §4

; 92 Acts, ch 1182, §5

; 2013 Acts, ch 12, §20

; 2014 Acts, ch 1060, §1, 2

; 2015 Acts, ch 19, §1

Subsection 1, NEW paragraph d