Introduced Version
SENATE BILL No. 163
_____
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.
Mrvan
January 5, 2011, read first time and referred to Committee on Energy and Environmental
Affairs.
Introduced
First Regular Session 117th General Assembly (2011)
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SENATE BILL No. 163
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:
(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.
(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.