January 28, 2011





HOUSE BILL No. 1187

_____


DIGEST OF HB 1187 (Updated January 26, 2011 11:34 am - DI 69)



Citations Affected: IC 13-11; IC 13-18.

Synopsis: Satellite manure storage structures. Provides that after June 30, 2011, a person may not start: (1) construction of certain satellite manure storage structures; or (2) expansion of certain satellite manure storage structures that increases manure containment capacity; without obtaining the prior approval of the department of environmental management.

Effective: July 1, 2011.





Davis, Friend




    January 10, 2011, read first time and referred to Committee on Environmental Affairs.
    January 27, 2011, amended, reported _ Do Pass.






January 28, 2011

First Regular Session 117th General Assembly (2011)


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.
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HOUSE BILL No. 1187



    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 13-11-2-126.5; (11)HB1187.1.1. -->     SECTION 1. IC 13-11-2-126.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 126.5. "Manure" means the following:
        (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).

SOURCE: IC 13-11-2-196.2; (11)HB1187.1.2. -->     SECTION 2. IC 13-11-2-196.2 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 196.2. (a) "Satellite manure storage structure", for purposes of IC 13-18-10.5, means any of the items listed in subsection (b) that:
        (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.

SOURCE: IC 13-18-10.5; (11)HB1187.1.3. -->     SECTION 3. IC 13-18-10.5 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]:
     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.