January 10, 2000, read first time and referred to Committee on Environmental Affairs.
January 25, 2000, amended, reported favorably _ Do Pass.
February 1, 2000, read second time, amended, ordered engrossed.
Reprinted
February 2, 2000
Second Regular Session 111th General Assembly (2000)
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 1999 General Assembly.
SENATE BILL No. 372
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:
SECTION 1. IC 13-11-2-109.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2000]: Sec. 109.5. "Industrial waste", for
purposes of IC 13-20, means a solid waste from a nonresidential
source
that is not:
(1) a hazardous waste (as defined in section 99 of this
chapter);
(2) a municipal waste (as defined in section 133 of this
chapter);
(3) a construction\demolition waste (as defined in section 41
of this chapter); or
(4) an infectious waste as defined in IC 16-41-16-4.
SECTION 2. IC 13-11-2-133 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 133. (a) "Municipal
waste", for purposes of:
(1) IC 13-20-4;
(2) IC 13-20-6;
(3) IC 13-20-21;
(4) IC 13-20-23;
(5) IC 13-22-1 through IC 13-22-8; and
(6) IC 13-22-13 through IC 13-22-14;
means any garbage, refuse, industrial lunchroom or office waste, and
other
similar
material resulting from the operation of residential,
municipal, commercial, or institutional establishments and community
activities.
(b) The term does not include the following:
(1)
Special industrial waste (as defined in
329 IAC 2-21-1, as in
effect on January 1, 1990) section 109.5 of this chapter).
(2) Hazardous waste regulated under:
(A) IC 13-22-1 through IC 13-22-8 and IC 13-22-13 through
IC 13-22-14; or
(B) the federal Solid Waste Disposal Act (42 U.S.C. 6901 et
seq.), as in effect on January 1, 1990.
(3) Infectious waste (as defined in IC 16-41-16-4).
(4) Wastes that result from the combustion of coal and that are
referred to in IC 13-19-3-3.
(5) Materials that are being transported to a facility for
reprocessing or reuse.
(c) As used in subsection (b)(5), "reprocessing or reuse" does not
include either of the following:
(1) Incineration.
(2) Placement in a landfill.
SECTION 3. IC 13-11-2-208 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 208. "Solid waste
landfill", for purposes of
IC 13-20-7.5, IC 13-20-9 and IC 13-22-9,
means a solid waste disposal facility at which solid waste is deposited
on or beneath the surface of the ground as an intended place of final
location.
SECTION 4. IC 13-11-2-253 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 253. "Waste-to-energy
facility", for purposes of
IC 13-20 and IC 13-21, means a facility at
which solid waste is converted into energy or another useful product by
incineration.
SECTION 5. IC 13-15-4-1, AS AMENDED BY P.L.224-1999,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2000]: Sec. 1. Except as provided in sections 2, 3, and 6 of
this chapter, the commissioner shall approve or deny an application
filed with the department after July 1, 1995, within the following
number of days:
(1) Three hundred sixty-five (365) days for an application
concerning the following:
(A) A new hazardous waste or solid waste landfill.
(B) A new hazardous waste or solid waste incinerator.
(C) A major modification of a solid waste landfill.
(D) A major modification of a solid waste incinerator.
(E) A new hazardous waste treatment or storage facility.
(F) A new Part B permit issued under 40 CFR 270 et seq. for
an existing hazardous waste treatment or storage facility.
(G) A Class 3 modification under 40 CFR 270.42 to a
hazardous waste landfill.
(2) Two hundred seventy (270) days for an application concerning
the following:
(A) A Class 3 modification under 40 CFR 270.42 of a
hazardous waste treatment or storage facility.
(B) A major new National Pollutant Discharge Elimination
System permit.
(3) One hundred eighty (180) days for an application concerning
the following:
(A) A new solid waste processing or recycling facility.
(B) A minor new National Pollutant Discharge Elimination
System individual permit.
(C) A permit concerning the land application of wastewater.
(4) One hundred fifty (150) days for an application concerning a
minor new National Pollutant Discharge Elimination System
general permit.
(5) One hundred twenty (120) days for an application concerning
a Class 2 modification under 40 CFR 270.42 to a hazardous waste
facility.
(6) Ninety (90) days for an application concerning the following:
(A) A minor modification to a solid waste landfill or
incinerator permit.
(B) A wastewater facility or water facility construction permit.
(7) The amount of time provided for in rules adopted by the air
pollution control board for an application concerning the
following:
(A) An air pollution construction permit that is subject to 326
IAC 2-2 and 326 IAC 2-3.
(B) An air pollution facility construction permit (other than as
defined in 326 IAC 2-2).
(C) Registration of an air pollution facility.
(8) Sixty (60) days for an application concerning the following:
(A) A Class 1 modification under 40 CFR 270.42 requiring
prior written approval, to a hazardous waste:
(i) landfill;
(ii) incinerator;
(iii) treatment facility; or
(iv) storage facility.
(B) Any other permit not specifically described in this section
for which the application fee exceeds one hundred dollars
($100) and for which a time frame has not been established
under section 3 of this chapter.
(9) Fifty (50) days for an application concerning certification of
a special waste.
SECTION 6. IC 13-20-1-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 1. This chapter does not
apply to an individual, a corporation, a partnership, or a business
association that in its regular business activity:
(1) produces solid or
special industrial waste as a byproduct of
or incidental to its regular business activity; and
(2) disposes of the solid or
special industrial waste at a site that
meets the following conditions that is:
(A) owned by the individual, corporation, partnership, or
business association; and
(B) limited to use by that individual, corporation, partnership,
or business association for the disposal of solid or
special
industrial waste produced by:
(i) that individual, corporation, partnership, or business
association; or
(ii) a subsidiary of an entity referred to in item (i).
SECTION 7. IC 13-20-4-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 8. A vehicle may only
be used to collect and transport the following:
(1) Municipal waste.
(2)
Special Industrial waste.
(as defined in 329 IAC 2-21-1, as in
effect January 1, 1990).
(3) Hazardous waste regulated under:
(A) IC 13-22; or
(B) the federal Solid Waste Disposal Act (42 U.S.C. 6901 et
seq., as in effect January 1, 1990).
(4) Waste described under IC 13-19-3-3 that results from the
combustion of coal.
(5) Material that is being transported to a facility, except an
incinerator or a landfill, for reprocessing or reuse.
(6) Wood, concrete, brick, and other construction and demolition
materials.
(7) Dirt, sand, gravel, asphalt, salt, and other highway
maintenance material.
(8) Coal, gypsum, slag, scrap metal, and other bulk industrial
commodities.
(9) Infectious waste (as defined in IC 16-41-16-4).
SECTION 8. IC 13-20-7.5 IS ADDED TO THE INDIANA CODE
AS A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2000]:
Chapter 7.5. Industrial Waste
Sec. 1. (a) Except as provided in subsection (b), industrial waste
may be disposed of only at a solid waste landfill cell or unit that
meets or exceeds Subtitle D design standards of the federal
Resource Conservation and Recovery Act as provided in 40 CFR
Part 258 or in a waste-to-energy facility in accordance with the
facility operating permit
.
(b) The department may issue a permit to a solid waste landfill
that does not meet or exceed the standards described in subsection
(a).
Sec. 2. A generator of industrial waste must document that it
has made a waste determination in accordance with 40 CFR 240
through 40 CFR 299 and 40 CFR 761.
Sec. 3. A solid waste landfill may not accept hazardous waste
unless the solid waste landfill is authorized to accept hazardous
waste under IC 13-22.
Sec 4. Before a generator first disposes of industrial waste, the
person must provide the solid waste landfill with notification from
the generator that:
(1) states that the industrial waste is not hazardous waste as
determined under section 2 of this chapter; and
(2) identifies any special handling requirements.
Sec. 5. Disposal of an industrial waste that was certified as a
special waste under IC 13-20-7 (before its repeal on July 1, 2000)
at a solid waste landfill that does not meet or exceed the standards
described in section 1(a) of this chapter may continue until the
earlier of:
(1) the date of expiration of the certification under IC 13-20-7;
or
(2) July 1, 2001.
Sec. 6. A transfer station may not accept industrial waste unless
the transfer station is permitted by the department to accept
industrial waste.
SECTION 9. IC 13-20-21-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 6. For solid waste, the
disposal fees are as follows:
Fee
Municipal Waste per ton $ 0
.10
Special Industrial Waste per ton $ 0
.10
Municipal Waste Disposed
of at an Incinerator per ton $ 0
.05
Construction\
Demolition Waste per ton $ 0
.10
SECTION 10. [EFFECTIVE JULY 1, 2000] (a) The department
of environmental management shall adopt rules under IC 4-22-2
before July 1, 2001, to reflect the elimination of references to
special waste and the addition of references to industrial waste in
this act.
(b) This SECTION expires January 1, 2002.
SECTION 11. THE FOLLOWING ARE REPEALED
[EFFECTIVE JULY 1, 2000]: IC 13-11-2-215; IC 13-11-2-215.1;
IC 13-20-7; IC 13-20-21-5.