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 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.
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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.