Bill Text: IN SB0163 | 2011 | Regular Session | Introduced

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Bill Title: Siting of composting facilities.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-01-05 - First reading: referred to Committee on Energy and Environmental Affairs [SB0163 Detail]

Download: Indiana-2011-SB0163-Introduced.html

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Introduced Version

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SENATE BILL No. 163

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DIGEST OF INTRODUCED BILL

Citations Affected: IC 13-11-2; 5IC 13-20-10.

Synopsis: Siting of composting facilities. Increases the minimum permissible distance between the active area of a composting facility and a residence from 200 feet to one mile. Establishes a minimum permissible distance of one mile between the active area of a composting facility and a nonpublic or public school. Prohibits a unit of local government from setting such a minimum distance with respect to residences and schools of less than one mile. Allows a unit of local government to set such a minimum distance of more than one mile with respect to residences and schools.

Effective: July 1, 2011.

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Mrvan

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    January 5, 2011, read first time and referred to Committee on Energy and Environmental Affairs.

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Introduced

First Regular Session 117th General Assembly (2011)

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 this style type.
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 this style type reconciles conflicts between statutes enacted by the 2010 Regular Session of the General Assembly.

SENATE BILL No. 163

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    A BILL FOR AN ACT to amend the Indiana Code concerning environmental law.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 13-11-2-142.6; (11)IN0163.1.1. -->     SECTION 1. IC 13-11-2-142.6, AS AMENDED BY P.L.1-2005, SECTION 141, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 142.6. "Nonpublic school", for purposes of IC 13-20-10 and IC 13-20-17.5, has the meaning set forth in IC 20-18-2-12.

SOURCE: IC 13-11-2-176.5; (11)IN0163.1.2. -->     SECTION 2. IC 13-11-2-176.5, AS AMENDED BY P.L.178-2009, SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 176.5. (a) "Public school", for purposes of IC 13-20-17.5, has the meaning set forth in IC 20-18-2-15.
    (b) "Public school", for purposes of section 47.7 of this chapter and IC 13-20-10 means:
        (1) a public school (as defined in IC 20-18-2-15); and
        (2) a charter school (as defined in IC 20-24-1-4).

SOURCE: IC 13-20-10-4; (11)IN0163.1.3. -->     SECTION 3. IC 13-20-10-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 4. Except as provided in sections 5 and 6 of this chapter, the active area of a composting facility for vegetative matter:

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        (1) may not be located:
            (A) within two hundred (200) feet of a well that supplies potable water; or
            (B) within two hundred (200) feet of a residential structure that exists at the time that the composting facility initially registers under this chapter if the facility is initially registered under this chapter before July 1, 2011;
             (C) within one (1) mile of a residential structure that exists at the time that the composting facility initially registers under this chapter if the facility is initially registered under this chapter after June 30, 2011; or
            (D) within one (1) mile of:
                (i) a nonpublic school; or
                (ii) a public school;
            that exists at the time the composting facility initially registers under this chapter, if the facility initially registers under this chapter after June 30, 2011.
        (2) must be located outside the ten (10) year floodplain, except a facility that is either:
            (A) operated in conjunction with a publicly owned works permitted under IC 13-15-3; or
            (B) designed and operated to provide adequate controls to prevent ground or surface water contamination in the event a ten (10) year flood occurs;
        (3) must be designed and operated to:
            (A) prevent compost from being placed within five (5) feet of a water table or provide adequate controls to prevent ground or surface water contamination;
            (B) adequately control runoff from the composting facility; and
            (C) manage leachate that is generated by the composting facility; and
        (4) must include controls for the following:
            (A) Dust.
            (B) Odor.
            (C) Noise.

SOURCE: IC 13-20-10-5; (11)IN0163.1.4. -->     SECTION 4. IC 13-20-10-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 5. (a) Subject to subsections (b) and (c), a unit of local government may adopt an ordinance providing the distance required between the active area of a composting facility for vegetative matter and the following:
        (1) An existing residence.

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         (2) An existing nonpublic school.
        (3) An existing public school.
     (b) An ordinance adopted under this section may not do any of the following:
        (1) Allow the active area of:
             (A) a composting facility registered under this chapter before July 1, 2011, to locate less than two hundred (200) feet from an existing residence; or
             (B) a composting facility registered under this chapter after June 30, 2011, to locate less than one (1) mile from the following:
                (i) An existing residence.
                 (ii) An existing nonpublic school.
                (iii) An existing public school.
        (2) Require the active area of a composting facility registered under this chapter before July 1, 2011, to locate more than six hundred (600) feet from an existing residence.
     (c) An ordinance adopted under this section may require the active area of a composting facility registered under this chapter after June 30, 2011, to locate more than one (1) mile from the following:
        (1) An existing residence.
        (2) An existing nonpublic school.
        (3) An existing public school.

SOURCE: IC 13-20-10-6; (11)IN0163.1.5. -->     SECTION 5. IC 13-20-10-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 6. The active area of a composting facility for vegetative matter registered under this chapter before July 1, 2011, may be located less than two hundred (200) feet from a residence if:
        (1) no unit of local government with jurisdiction over:
            (A) the residence; or
            (B) the composting facility;
        has adopted an ordinance under section 5 of this chapter or IC 13-7-35-6(b) (before its repeal); and
        (2) the composting facility obtains written consent from the occupant and the owner of the residence.