Bill Text: IN HB1108 | 2012 | Regular Session | Introduced
Bill Title: Approval of commercial composting facilities.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2012-01-09 - First reading: referred to Committee on Environmental Affairs [HB1108 Detail]
Download: Indiana-2012-HB1108-Introduced.html
Citations Affected: IC 13-20-10.
Synopsis: Approval of commercial composting facilities. Provides that
a person may operate a commercial composting facility located within
1,000 feet of a residential, commercial, or public structure only if the
person registers the composting facility with the department of
environmental management. Establishes a procedure for the
processing of an application for registration of a commercial
composting facility, including a public hearing, published and written
notice of the public hearing, and the review of written remonstrances
received after the public hearing. Allows for the resubmission of an
application if the department initially disapproves an application.
Requires the operator of a commercial composting facility whose
application is approved to provide advance written notice of the date
operations will commence at the facility to all owners of property
adjoining the facility. Provides for the renewal of the registration of a
commercial composting facility.
Effective: July 1, 2012.
January 6, 2012, read first time and referred to Committee on Environmental Affairs.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning
environmental law.
(1) composting of vegetative matter resulting from landscaping maintenance and land clearing projects; and
(2) a commercial composting facility that is or would be located within one thousand (1,000) feet of a residential, commercial, or public structure.
(b) This chapter does not apply to the following:
(1) A person who conducts a composting operation at the person's residence or farm for vegetative matter and other types of organic material that are:
(A) generated by the person's activities; and
(B) stored, treated, or disposed of at the person's residence or farm.
(2) A person who conducts a composting operation that processes less than two thousand (2,000) pounds of vegetative matter during
a year.
(3) Temporary stores of vegetative matter where only an
incidental amount of composting will occur before removal of the
matter.
(1) a composting facility for vegetative matter; or
(2) a commercial composting facility described in section 1(a)(2) of this chapter;
only if the person registers the composting facility with the department.
(b) To register a commercial composting facility, a person must submit to the department an application that contains the following:
(1) A legal description and topographic map of the site on which the commercial composting facility will be located.
(2) A description of the commercial composting facility that indicates the area to be served by the composting operation.
(3) An estimate of the volume of materials that will be processed annually by the commercial composting facility.
(4) Any additional information that the solid waste management board requires by rule.
A person may amend and resubmit an application that is disapproved by the department. The department may require an applicant to submit additional information.
(c) The department shall establish a process for the review and approval or disapproval of an application to register a commercial composting facility. The process must include:
(1) conducting a public hearing in the county where the facility will operate;
(2) providing notice under subsection (d) not later than thirty (30) days before the scheduled public hearing;
(3) reviewing written remonstrances received not more than thirty (30) days after the public hearing; and
(4) maintaining a public record of all testimony received during the hearing and remonstrance period.
(d) The department shall provide notice of a public hearing to
be conducted under subsection (c) in a newspaper of countywide
circulation in the county in which the commercial composting
facility is proposed to be located. The notice must include:
(1) the date, time, and place of the public hearing;
(2) the subject matter of the public hearing;
(3) the name, business address, and federal identification
number (if any) of the owner and operator of the proposed
commercial composting facility; and
(4) a statement that indicates:
(A) the proposed types of materials to be processed at the
commercial composting facility; and
(B) the areas or states of origination of the materials.
The department shall also provide written notice of the public
hearing by certified mail to all owners of property adjoining the
location of the proposed commercial composting facility.
(e) A person whose application to register a commercial
composting facility is approved by the department must give
written notice of the date operations will commence at the facility
to all owners of property adjoining the facility not later than thirty
(30) days before the facility commences operation.
(1) expires five (5) years after the date the composting facility for vegetative matter or commercial composting facility is registered; and
(2) may be renewed by the person who registered the composting facility if the person applies to the department.
