Bill Text: IN SB0163 | 2011 | Regular Session | Introduced
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
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.
January 5, 2011, read first time and referred to Committee on Energy and 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
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A BILL FOR AN ACT to amend the Indiana Code concerning
environmental law.
(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).
(1) may not be located:
(A) within two hundred (200) feet of a well that supplies potable water;
(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.
(1) An existing residence.
(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.
(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.