Introduced Version
HOUSE BILL No. 1560
_____
DIGEST OF INTRODUCED BILL
Citations Affected:
IC 13-18-10-2
;
IC 13-18-10-2.5.
Synopsis: Confined feeding operations. Requires an applicant for
approval of the construction of a confined feeding operation to submit
to the department of environmental management an odor control plan
that outlines procedures for reducing odors at and preventing odors
from escaping from the confined feeding operation. Requires the
operator of a confined feeding operation to submit an odor control plan
to the department before July 1 of each year to maintain valid approval
for the confined feeding operation. Allows the department to amend an
approval or revoke an approval for a confined feeding operation: (1) if
the confined feeding operation fails to submit an annual odor control
plan; and (2) if amendment or revocation is needed to reduce odors at
or prevent odors from escaping from the confined feeding operation.
Requires an approved confined feeding operation's first odor control
plan to be submitted to the department before January 1, 2004.
Effective: July 1, 2003.
Liggett
January 16, 2003, read first time and referred to Committee on Environmental Affairs.
Introduced
First Regular Session 113th General Assembly (2003)
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
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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in
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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 2002 Regular or Special Session of the General Assembly.
HOUSE BILL No. 1560
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 13-18-10-2; (03)IN1560.1.1. -->
SECTION 1.
IC 13-18-10-2
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 2. (a) Application for
approval of the construction of a confined feeding operation must be
made on a form provided by the department. An applicant must submit
the completed application form to the department together with the
following:
(1) Plans and specifications for the design and operation of
manure treatment and control facilities.
(2) A manure management plan that outlines procedures for the
following:
(A) Soil testing.
(B) Manure testing.
(3) Maps of manure application areas.
(4) An odor control plan that outlines procedures for:
(A) reducing odors at the confined feeding operation; and
(B) preventing odors from escaping from the confined
feeding operation.
(5) Supplemental information that the department requires,
including the following:
(A) General features of topography.
(B) Soil types.
(C) Drainage course.
(D) Identification of nearest streams, ditches, and lakes.
(E) Location of field tiles.
(F) Location of land application areas.
(G) Location of manure treatment facilities.
(H) Farmstead plan, including the location of water wells on
the site.
(5) (6) A fee of one hundred dollars ($100). The department shall
refund the fee if the department does not make a determination in
accordance with the time period established under section 2.1 of
this chapter.
(b) An applicant who applies for approval to construct a confined
feeding operation on land that is undeveloped or for which a valid
existing approval has not been issued shall make a reasonable effort to
provide notice:
(1) to:
(A) each person who owns land that adjoins the land on which
the confined feeding operation is to be located; or
(B) if a person who owns land that adjoins the land on which
the confined feeding operation is to be located does not occupy
the land, all occupants of the land; and
(2) to the county executive of the county in which the confined
feeding operation is to be located;
not more than ten (10) working days after submitting an application.
The notice must be sent by mail, be in writing, include the date on
which the application was submitted to the department, and include a
brief description of the subject of the application. The applicant shall
pay the cost of complying with this subsection. The applicant shall
submit an affidavit to the department that certifies that the applicant
has complied with this subsection.
(c) Plans and specifications for manure treatment or control
facilities for a confined feeding operation must secure the approval of
the department. The department shall approve the construction and
operation of the manure management system of the confined feeding
operation if the commissioner determines that the applicant meets the
requirements of:
(1) this chapter;
(2) rules adopted under this chapter;
(3) the water pollution control laws;
(4) rules adopted under the water pollution control laws; and
(5) policies and statements adopted under
IC 13-14-1-11.5
relative to confined feeding operations.
SOURCE: IC 13-18-10-2.5; (03)IN1560.1.2. -->
SECTION 2.
IC 13-18-10-2.5
IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2003]: Sec. 2.5. (a) The operator of a
confined feeding operation must submit an odor control plan that
outlines procedures for:
(1) reducing odors at the confined feeding operation; and
(2) preventing odors from escaping from the confined feeding
operation;
to the department before July 1 of each year to maintain valid
approval for the confined feeding operation under this chapter.
(b) An operator that submits an odor control plan to the
department under subsection (a) shall make a reasonable effort to
provide notice:
(1) to each person who owns land that adjoins the land on
which the confined feeding operation is located; or
(2) if a person who owns land that adjoins the land on which
the confined feeding operation is located does not occupy the
land, to all occupants of the land;
not more than ten (10) working days after submitting the odor
control plan to the department.
(c) The notice provided under subsection (b) must:
(1) be put in writing and sent by mail;
(2) include:
(A) a brief description of the odor control plan; and
(B) the date on which the odor control plan was submitted
to the department; and
(3) indicate that any person may submit comments to the
department concerning the odor control plan.
(d) The operator of a confined feeding operation shall pay the
cost of complying with subsections (b) and (c).
(e) Each year the operator of a confined feeding operation shall
submit an affidavit to the department certifying that the operator
has complied with subsections (b) through (d).
(f) Before making a decision under this section to:
(1) allow a confined feeding operation to continue to operate
under a valid approval under this chapter; or
(2) amend an approval or revoke an approval under
subsection (g);
the department must take into consideration any comments
submitted to the department by recipients of the operator's notice
or by others concerning the operator's odor control plan.
(g) The department may amend an approval or revoke an
approval for a confined feeding operation:
(1) if the operator of the confined feeding operation fails to
comply with this section; and
(2) if amendment or revocation is needed to:
(A) reduce odors at the confined feeding operation; or
(B) prevent odors from escaping from the confined feeding
operation.
SOURCE: ; (03)IN1560.1.3. -->
SECTION 3. [EFFECTIVE JULY 1, 2003]
(a) Notwithstanding
IC 13-18-10-2.5
, as added by this act, the operator of a confined
feeding operation that obtains the approval of the department of
environmental management under
IC 13-18-10
before July 1, 2003,
shall submit the confined feeding operation's first odor control
plan to the department under
IC 13-18-10-2.5
before January 1,
2004.
(b) This SECTION expires January 2, 2004.