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House Bill 1187

House Bill 1187

ARCHIVE (2011)

Latest Information

DIGEST OF HB1187 (Updated April 25, 2011 3:07 pm - DI 84)

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. Adds definition of "biomass", "biomass anaerobic digestion facility" (BADF), "biomass gasification facility" (BGF), and "fertilizer material". Requires approval of the Indiana department of environmental management (IDEM) for construction or expansion of a satellite manure storage or biomass related structures. Exempts anaerobic digestion and gasification facilities (not biomass related) that maintain an air permit from having to seek prior approval from IDEM to construct or expand a structure. Requires that prior approval be obtained to construct a BADF or BGF on the premises of a CFO. Provides that a facility for which the only input is biomass is not subject to regulation as a solid waste processing facility, but IDEM may determine whether it be subject to such regulation. Exempts from the definition of "solid waste" the requirement that certain manures or crop residues are returned to the soil at the point of generation. Provides that a statutory water pollution prohibition is not violated by fertilizer material that: (1) is contained in runoff from a storm event or irrigation return flow; (2) enters waters of Indiana as a result of land application of the fertilizer material that is for agricultural purposes, (3) is done at appropriate agronomic rates for proper nutrient uptake in the field, and (4) is documented. Requires certain guidelines under which IDEM may issue a notice of violation. Provides that the state chemist may also adopt rules for distribution and use of fertilizer material to protect waters of the state. Adjusts certain restrictions to pollutants that enter the waters of Indiana contained in land applications that comply with rules adopted by the state chemist. Requires the state chemist to adopt rules before July 1, 2012, concerning the staging and use of organic fertilizer material.
Current Status:
Law Enacted
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