Reprinted
February 24, 2009
HOUSE BILL No. 1134
_____
DIGEST OF HB 1134
(Updated February 23, 2009 8:37 pm - DI 44)
Citations Affected: IC 13-11; IC 13-20.
Synopsis: Medical waste incineration near schools. Prohibits the
incineration of infectious waste and medical waste within seven miles
of a nonpublic or public school building. Establishes exceptions to the
prohibition.
Effective: Upon passage.
Reske
January 12, 2009, read first time and referred to Committee on Public Health.
February 19, 2009, amended, reported _ Do Pass.
February 23, 2009, read second time, amended, ordered engrossed.
Reprinted
February 24, 2009
First Regular Session 116th General Assembly (2009)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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HOUSE BILL No. 1134
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 13-11-2-109.3; (09)HB1134.2.1. -->
SECTION 1. IC 13-11-2-109.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 109.3. "Infectious waste", for
purposes of IC 13-20-8, has the meaning set forth in IC 16-41-16-4.
SOURCE: IC 13-11-2-128.2; (09)HB1134.2.2. -->
SECTION 2. IC 13-11-2-128.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 128.2. "Medical waste", for
purposes of IC 13-20-8, means solid waste generated in the:
(1) diagnosis, treatment, or immunization of human beings or
animals; or
(2) production or testing of drugs and vaccines.
SOURCE: IC 13-11-2-142.6; (09)HB1134.2.3. -->
SECTION 3. IC 13-11-2-142.6, AS AMENDED BY P.L.1-2005,
SECTION 141, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 142.6. "Nonpublic school", for
purposes of IC 13-20-8 and IC 13-20-17.5, has the meaning set forth
in IC 20-18-2-12.
SOURCE: IC 13-11-2-176.5; (09)HB1134.2.4. -->
SECTION 4. IC 13-11-2-176.5, AS AMENDED BY P.L.1-2005,
SECTION 142, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 176.5. "Public school", for
purposes of IC 13-20-8 and IC 13-20-17.5, has the meaning set forth
in IC 20-18-2-15.
SOURCE: IC 13-20-8-10; (09)HB1134.2.5. -->
SECTION 5. IC 13-20-8-10 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 10. (a) This section does not apply to the
following:
(1) An incinerator that was in operation before May 14, 2009.
(2) A facility that incinerates infectious waste or medical
waste on-site, if not more than twenty percent (20%) of the
incinerated waste:
(A) comes from a source outside the facility; and
(B) is incinerated for compensation.
(3) An incinerator that incinerates not more than twenty-four
(24) tons of waste per year.
(4) An incinerator operated by a state educational institution
(as defined in IC 21-7-13-32) on real property owned by the
institution.
(b) Infectious waste and medical waste may not be incinerated
within seven (7) miles of a:
(1) nonpublic school building; or
(2) public school building.
(c) The measurement that this section requires must be made
from the point on a school building that is nearest to the property
line of the real property that contains an incinerator.
(d) The commissioner shall deny an application for:
(1) a new permit; or
(2) the renewal of an existing permit;
for the construction, expansion, or operation of an incinerator if
the commissioner finds that the incinerator would not comply with
this section.
SOURCE: ; (09)HB1134.2.6. -->
SECTION 6.
An emergency is declared for this act.