Senate Bill 0202
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DIGEST OF SB202 (Updated February 10, 2011 2:52 pm - DI 84)
Environmental approvals and other issues. Adds definition of "biomass", "biomass anaerobic digestion facility" (BADF), "fertilizer material" and "biomass gasification facility" (BGF). Requires the approval of the Indiana department of environmental management (IDEM) for construction or expansion of a satellite manure storage structure, BADF, or BGF. If the construction or expansion of an BADF or a BGF is on the premises of a confined feeding operation, provides that the approval is obtained through the approval process for confined feeding operations. Provides that an BADF or a BGF for which the only input is biomass is not subject to regulation as a solid waste processing facility, but that IDEM may determine that an BADF or a BGF for which the input is a combination of biomass and solid waste is subject to regulation as a solid waste processing facility. Exempts anaerobic digestion and gasification facilities that maintain an air permit from having to seek prior approval from IDEM to construct or expand a structure. Amends the definition of "solid waste" for environmental statutes to exclude certain manures or crop residues returned to the soil regardless of whether the return is at the point of generation. Requires guidelines under which the department of environmental management may issue a notice of violation. Provides that rules adopted by the state chemist for distribution and use of fertilizer material must include standards 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. 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; and (2) enters waters of Indiana as a result of land application of the fertilizer material that is for agricultural purposes, is done at appropriate agronomic rates for proper nutrient uptake in the field, and is documented.
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