Introduced Version
HOUSE BILL No. 1560
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 13-11-2-114; IC 13-18-12.
Synopsis: Regulates land application of wastewater. Requires an
annual permit from the department of environmental management
(IDEM) for land application of wastewater on specific sites, regardless
of whether the wastewater is treated. Requires a public hearing, notice
to adjoining landowners, and inspection of the land before issuance of
a permit. Prohibits the land application of wastewater within1,000 feet
of waters and property boundaries. Requires IDEM to investigate
within 30 days a complaint concerning a land application permittee.
Provides that land application includes application on the soil surface.
Effective: July 1, 2009.
Blanton
January 16, 2009, read first time and referred to Committee on Environmental Affairs.
Introduced
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.
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 2008 Regular 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 13-11-2-114; (09)IN1560.1.1. -->
SECTION 1. IC 13-11-2-114 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 114. "Land
application", for purposes of IC 13-18-12, means the disposal of
wastewater by any or a combination of the following:
(1) Burial or incorporation into the soil.
(2) Incorporation into the soil.
(3) Application on the soil surface.
SOURCE: IC 13-18-12-2; (09)IN1560.1.2. -->
SECTION 2. IC 13-18-12-2, AS AMENDED BY P.L.114-2008,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 2. (a) A person may not transport, treat, store, or
dispose of wastewater in violation of this chapter.
(b) A person may not engage in:
(1) the cleaning of sewage disposal systems; or
(2) the transportation, treatment, storage, or disposal of
wastewater;
without a wastewater management permit unless the person is
exempted under section 7 of this chapter.
(c) A person may not operate a vehicle for the transportation of
wastewater without a wastewater management vehicle identification
number issued under this chapter unless the person is exempted under
section 4(a)(2) of this chapter.
(d) A person may not dispose of wastewater, regardless of whether
the wastewater is treated, by land application without:
(1) first obtaining approval of the land application site under this
chapter; and
(2) complying with section 2.5 of this chapter.
(e) The department may issue a wastewater management permit that
incorporates issuance of a wastewater management vehicle
identification number and approval of a land application site.
(f) The department may issue new and renewal permits,
identification numbers, and approvals under this chapter for a period
the department determines appropriate. However, except as provided
in section 2.5(b) of this chapter, the period may not exceed three (3)
years.
(g) The department may not issue a wastewater management
permit to approve the land application of wastewater, regardless
of whether the wastewater is treated, unless the permit indicates
the specific site or sites on which the land application is permitted.
SOURCE: IC 13-18-12-2.5; (09)IN1560.1.3. -->
SECTION 3. IC 13-18-12-2.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 2.5. (a) This section applies to:
(1) a wastewater management permit; or
(2) a renewal of a wastewater management permit;
under this chapter for approval of a wastewater land application
site for which the application is submitted to the department after
June 30, 2009.
(b) The department may issue or renew a wastewater
management permit only if:
(1) the period of issuance or renewal does not exceed one (1)
year;
(2) the issued or renewed permit prohibits the land
application of wastewater within one thousand (1,000) feet of:
(A) any waters; and
(B) any boundary that:
(i) is a boundary of a parcel of land on which the permit
applicant proposes the land application of wastewater;
and
(ii) is not a boundary with another parcel of land owned
by the permit applicant; and
(3) the requirements of subsections (c) and (d) are met.
(c) Before the department issues or renews a wastewater
management permit, the department must:
(1) give public notice of a hearing to be held in each county in
which the permit applicant proposes the land application of
wastewater;
(2) hold the hearing or hearings referred to in subdivision (1);
(3) provide the opportunity for any member of the public who
desires to be heard to comment at the public hearing or
hearings referred to in subdivision (1) on the proposal for the
land application of wastewater;
(4) inspect each parcel of land on which the permit applicant
proposes the land application of wastewater; and
(5) find that the department reasonably expects that the land
application of wastewater will be conducted in compliance
with the permit and applicable law.
(d) The wastewater management permit applicant must do the
following:
(1) At least one (1) week before a hearing required by
subsection (c), at the permit applicant's expense, give
individual written notice to the owner of each parcel of land
that adjoins a parcel on which the permit applicant proposes
the land application of wastewater.
(2) Before the hearing required by subsection (c), provide
proof of compliance with subdivision (1) to the department.
(e) The department shall investigate not later than thirty (30)
days after receipt each complaint by a member of the public
alleging the failure of a permittee to comply with:
(1) the wastewater management permit; or
(2) applicable law.
SOURCE: IC 13-18-12-4; (09)IN1560.1.4. -->
SECTION 4. IC 13-18-12-4, AS AMENDED BY P.L.114-2008,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 4. (a) The board shall, in accordance with
IC 13-14-8, adopt rules to establish the following:
(1) Standards for the following:
(A) The issuance of wastewater management permits under
section 3 of this chapter.
(B) Cleaning of sewage disposal systems.
(C) Transportation, storage, and treatment of wastewater, and
disposal of wastewater, including land application.
(2) Issuance of identification numbers for all vehicles used in
wastewater management services. However, the board may
exempt by rule vehicles licensed on September 1, 1983, under the
industrial waste haulers rule 320 IAC 5-10 as the rule existed on
September 1, 1983.
(3) Procedures and standards for:
(A) approval of sites for land application of wastewater; and
(B) compliance with section 2.5 of this chapter.
(b) The board may designate a county or city health agency as the
board's agent to approve land application sites in accordance with rules
adopted under this section.
SOURCE: IC 13-18-12-7; (09)IN1560.1.5. -->
SECTION 5. IC 13-18-12-7, AS AMENDED BY P.L.114-2008,
SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 7.
(a) Except as provided in subsection (b), this
chapter does not require a person to obtain a permit or vehicle
identification number under this chapter if the person is:
(1) engaged in:
(A) servicing or maintaining publicly owned wastewater
treatment facilities; or
(B) transportation of wastewater from a publicly owned
wastewater treatment facility;
as long as the wastewater at that facility has been fully treated and
is stabilized;
(2) transporting wastewater from the point of its removal to
another location on the same site or tract owned by the same
person, although disposal of the wastewater must be done in
accordance with this chapter; or
(3) a homeowner who cleans and services the sewage disposal
system serving only the homeowner's residence, although
transportation and disposal of wastewater must be done in
compliance with this chapter.
(b) Subsection (a) does not exempt a person from the
wastewater management permit requirement of section 2.5 of this
chapter.