Bill Text: IN SB0202 | 2011 | Regular Session | Amended
Bill Title: Environmental approvals and other issues.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Engrossed - Dead) 2011-03-28 - First reading: referred to Committee on Environmental Affairs [SB0202 Detail]
Download: Indiana-2011-SB0202-Amended.html
February 8, 2011
Citations Affected: IC 13-11; IC 13-18; IC 13-20; IC 15-16.
January 5, 2011, read first time and referred to Committee on Energy and Environmental
Affairs.
February 3, 2011, amended, reported favorably _ Do Pass.
February 7, 2011, read second time, amended, ordered engrossed.
Digest Continued
structure. Amends the definition of "solid waste" for environmental statutes to exclude certain manures or crop residues returned to the soil regardless of whether the return is at the point of generation. Requires guidelines under which the department of environmental management may issue a notice of violation. Provides that rules adopted by the state chemist for distribution and use of fertilizer material must include standards to protect waters of the state. Adjusts certain restrictions to pollutants that enter the waters of Indiana contained in land applications that comply with rules adopted by the state chemist. Requires the state chemist to adopt rules before July 1, 2012, concerning the staging and use of organic fertilizer material. Provides that a statutory water pollution prohibition is not violated by fertilizer material that: (1) is contained in runoff from a storm event or irrigation return flow; and (2) enters waters of Indiana as a result of land application of the fertilizer material that is for agricultural purposes, is done at appropriate agronomic rates for proper nutrient uptake in the field, and is documented.
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) Agricultural crops.
(2) Agricultural wastes and residues.
(3) Wood and wood byproducts, including the following:
(A) Wood residue.
(B) Forest thinning.
(C) Mill residue wood.
(4) Animal wastes and byproducts, including manure.
(5) Aquatic plants.
(6) Algae.
(7) Byproducts of processing agricultural crops.
(1) means a facility that incorporates equipment that promotes the decomposition of biomass to simple organics and biogas products in the oxygen free environment of a closed, sealed chamber; and
(2) includes a methane recovery system.
(1) any confined feeding of:
(A) at least three hundred (300) cattle;
(B) at least six hundred (600) swine or sheep;
(C) at least thirty thousand (30,000) fowl; or
(D) at least five hundred (500) horses.
(2) any animal feeding operation electing to be subject to IC 13-18-10; or
(3) any animal feeding operation that is causing a violation of:
(A) water pollution control laws;
(B) any rules of the water pollution control board; or
(C) IC 13-18-10.
A determination by the department under this subdivision is appealable under IC 4-21.5.
(1) IC 13-12-2 and IC 13-12-3.
(2) IC 13-13.
(3) IC 13-14.
(4) IC 13-15.
(5) IC 13-16.
(6) IC 13-17-3-15, IC 13-17-8-10, IC 13-17-10, and IC 13-17-11.
(7) IC 13-18-10, IC 13-18-10.5, IC 13-18-12, IC 13-18-13-31, and IC 13-18-15 through IC 13-18-20.
(8) IC 13-19-1, IC 13-19-4, and IC 13-19-5-17.
(9) IC 13-20-1, IC 13-20-2, IC 13-20-4 through IC 13-20-15, IC 13-20-17.7, IC 13-20-19 through IC 13-20-21, and IC 13-20-22-21.
(10) IC 13-22.
(11) IC 13-23.
(12) IC 13-24.
(13) IC 13-25-1 through IC 13-25-5.
(14) IC 13-27-8.
(15) IC 13-30, except IC 13-30-1.
(1) Liquid or solid animal excreta.
(2) Waste liquid generated at a livestock or poultry production area, including the following:
(A) Excess drinking water.
(B) Cleanup water.
(C) Contaminated livestock truck or trailer washwater.
(D) Milking parlor wastewater.
(E) Milk house washwater.
(F) Egg washwater.
(G) Silage leachate.
(3) Any precipitation or surface water that has come into contact with the following:
(A) Liquid or solid animal excreta.
(B) Used bedding.
(C) Litter.
(D) Liquid described in subdivision (4).
(4) Any other materials generated at a livestock or poultry production area commingled with the materials listed in subdivisions (1) through (3).
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 158. (a) "Person", for purposes of:
(1) IC 13-21;
(2) air pollution control laws;
(3) water pollution control laws; and
(4) environmental management laws, except as provided in
subsections (c), (d), (e), and (h);
means an individual, a partnership, a copartnership, a firm, a company,
a corporation, an association, a joint stock company, a trust, an estate,
a municipal corporation, a city, a school city, a town, a school town, a
school district, a school corporation, a county, any consolidated unit of
government, political subdivision, state agency, a contractor, or any
other legal entity.
(b) "Person", for purposes of:
(1) IC 13-18-10;
(2) IC 13-18-10.5;
(3) IC 13-20-10.5; and
(2) (4) IC 13-20-17;
means an individual, a partnership, a copartnership, a firm, a company,
a corporation, an association, a joint stock company, a trust, an estate,
a political subdivision, a state agency, or other legal entity, or their
legal representative, agent, or assigns.
(c) "Person", for purposes of:
(1) IC 13-20-13;
(2) IC 13-20-14;
(3) IC 13-20-16; and
(4) IC 13-25-6;
means an individual, a corporation, a limited liability company, a
partnership, or an unincorporated association.
(d) "Person", for purposes of IC 13-23, has the meaning set forth in
subsection (a). The term includes a consortium, a joint venture, a
commercial entity, and the United States government.
(e) "Person", for purposes of IC 13-20-17.5 and IC 13-25-3, means
an individual, a corporation, a limited liability company, a partnership,
a trust, an estate, or an unincorporated association.
(f) "Person", for purposes of IC 13-26, means an individual, a firm,
a partnership, an association, a limited liability company, or a
corporation other than an eligible entity.
(g) "Person", for purposes of IC 13-29-1, means any individual,
corporation, business enterprise, or other legal entity either public or
private and any legal successor, representative, agent, or agency of that
individual, corporation, business enterprise, or legal entity.
(h) "Person", for purposes of IC 13-30-8-1, has the meaning set forth in IC 35-41-1.
(1) are not located at a livestock or poultry production area; and
(2) are designed for use in whole or in part for the storage of:
(A) at least one million (1,000,000) gallons of manure; or
(B) at least five thousand (5,000) cubic yards of manure.
(b) The items referred to in subsection (a) are as follows:
(1) A building.
(2) A lagoon.
(3) A pad.
(4) A pit.
(5) A pond.
(6) A tank.
(1) solid or dissolved material in:
(A) domestic sewage; or
(B) irrigation return flows or industrial discharges;
that are point sources subject to permits under Section 402 of the Federal Water Pollution Control Act Amendments (33 U.S.C. 1342);
(2) source, special nuclear, or byproduct material (as defined by the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.));
(3) manures or crop residues returned to the soil
(4) vegetative matter at composting facilities registered under IC 13-20-10.
(b) "Solid waste", for purposes of IC 13-20-5, IC 13-20-22, and IC 13-21, does not include the following:
(1) A waste that is regulated under the following:
(A) IC 13-22-1 through IC 13-22-8.
(B) IC 13-22-13 through IC 13-22-14.
(2) An infectious waste (as defined in IC 16-41-16-4) that is disposed of at an incinerator permitted under rules adopted by the solid waste management board to dispose of infectious waste.
(c) "Solid waste", for purposes of IC 13-26, means all putrescible and nonputrescible solid and semisolid wastes, except human excreta. The term includes garbage, rubbish, ashes, street cleanings, dead animals, offal, and solid commercial, industrial, and institutional wastes.
(1) throw, run, drain, or otherwise dispose;
(2) cause, permit, or suffer to be thrown, run, drained, allowed to seep, or otherwise disposed;
into any of the streams or waters of Indiana any organic or inorganic matter that causes or contributes to a polluted condition of any of the streams or waters of Indiana, as determined by a rule of the board adopted under sections 1 and 3 of this chapter.
(b) Subsection (a) does not apply to organic or inorganic matter that consists of fertilizer material contained in:
(1) runoff from a storm event; or
(2) irrigation return flow;
entering the waters of Indiana as a result of land application of fertilizer material in compliance with rules adopted by the state chemist under IC 15-16-2-44.
(c) The department shall request documentation of compliance with subsection (b) before a notice of violation can be issued.
(d) A person has thirty (30) days to submit documentation after receiving a request under subsection (c).
(e) The department may issue a notice of violation for failure to comply with subsection (d). No notice of violation can be issued if the department determines that a person complied with subsection (b).
(f) Before the rules for land application of fertilizer materials adopted under IC 15-16-2-44 by the state chemist take effect, a person may meet the requirements under subsection (b) if the
person maintains documentation of compliance with:
(1) the conditions for land application of manure
requirements under IC 13-18-10; or
(2) the National Resources Conservation Services land
application standards.
(g) Subsection (b) does not affect liability for killing wild
animals under IC 14-22-10-6.
Chapter 10.5. Satellite Manure Storage Structures
Sec. 1. A person may not after June 30, 2011, start:
(1) construction of a satellite manure storage structure; or
(2) expansion of a satellite manure storage structure that increases manure containment capacity;
without obtaining the prior approval of the department.
Sec. 2. The board may adopt rules under IC 4-22-2 and IC 13-14-9 regarding the construction, operation, and maintenance of a satellite manure storage structure.
Chapter 10.5. Biomass Anaerobic Digestion Facilities and Biomass Gasification Facilities
Sec. 1. (a) A person may not after June 30, 2011, start:
(1) construction of:
(A) a biomass anaerobic digestion facility; or
(B) a biomass gasification facility; or
(2) expansion of:
(A) a biomass anaerobic digestion facility; or
(B) a biomass gasification facility;
without obtaining prior approval of the department.
(b) A person who proposes to construct or expand a biomass anaerobic digestion facility or a biomass gasification facility on the premises of a confined feeding operation must obtain the prior approval required under subsection (a) through the approval process for confined feeding operations under IC 13-18-10 and rules implementing that chapter.
Sec. 2. Except as provided in section 3 of this chapter, a biomass anaerobic digestion facility or a biomass gasification facility for which the only input is biomass is not subject to regulation as a solid waste processing facility.
Sec. 3. (a) The department may determine that a biomass anaerobic digestion facility or a biomass gasification facility for which the input is a combination of biomass and solid waste is subject to regulation as a solid waste processing facility.
(b) Anaerobic digestion and gasification facilities required to maintain a permit under IC 13-17 are not required to seek approval under this chapter.
Sec. 4. The board may adopt rules under IC 4-22-2 and IC 13-14-9 to implement this chapter.
(1) The distribution and use of fertilizer material, including standards to protect waters of the state.
(2) The distribution and storage of bulk fertilizers, including standards for the storage of bulk fertilizers to protect the waters of the state.
(b) The state chemist shall adopt rules under IC 4-22-2 concerning the following:
(1) Subject to subsection
(A) Persons who apply fertilizer material for hire, transport fertilizer material for hire, or both.
(B) Persons who apply fertilizer material, transport fertilizer material, or both from the following:
(i) Confined feeding operations (as defined in IC 13-11-2-40).
(ii) Operations outside Indiana that would be confined feeding operations (as defined in IC 13-11-2-40) if they were located in Indiana.
(2) The establishment of fees for the certification and education programs established under subdivision (1).
(c) The state chemist shall adopt rules under IC 4-22-2 before July 1, 2012, concerning the staging, management, and land application of fertilizer material.