2016 Indiana Code
TITLE 13. ENVIRONMENT
ARTICLE 20. SOLID WASTE MANAGEMENT
CHAPTER 10. REGISTRATION OF FACILITIES FOR COMPOSTING CERTAIN VEGETATIVE MATTER
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<![CDATA[IC 13-20-10
Chapter 10. Registration of Facilities for Composting Certain
Vegetative Matter
IC 13-20-10-1
Applicability of chapter
Sec. 1. (a) This chapter applies to composting (as defined in
IC 13-11-2-38) of vegetative matter and other organic material.
(b) This chapter does not apply to the following:
(1) A person who conducts a composting operation at the
person's residence or farm for vegetative matter and other types
of organic material that are:
(A) generated by the person's activities; and
(B) stored, treated, or disposed of at the person's residence
or farm.
(2) A person who conducts a composting operation that
processes less than two thousand (2,000) pounds of vegetative
matter during a year.
(3) Temporary stores of vegetative matter where only an
incidental amount of composting will occur before removal of
the matter.
As added by P.L.1-1996, SEC.10. Amended by P.L.199-2014, SEC.7.
IC 13-20-10-2
Registration of facility required for operation
Sec. 2. A person may operate a composting facility only if the
person registers the composting facility with the department.
As added by P.L.1-1996, SEC.10. Amended by P.L.199-2014, SEC.8.
IC 13-20-10-3
Registration applications; contents
Sec. 3. To register a composting facility with the department, a
person must submit an application to the department that contains the
following:
(1) A:
(A) legal description; and
(B) topographic map;
of the site on which the composting facility will be located.
(2) A description of the composting facility that indicates the
area to be served by the composting operation.
(3) An estimate of the volume of materials that will be
processed annually by the composting facility.
(4) Any other information that the department or the board
requires by rule.
As added by P.L.1-1996, SEC.10. Amended by P.L.133-2012,
SEC.142; P.L.199-2014, SEC.9.
IC 13-20-10-4
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Location of active areas of facilities
Sec. 4. Except as provided in sections 5 and 6 of this chapter, the
active area of a composting facility:
(1) may not be located:
(A) within two hundred (200) feet of a well that supplies
potable water; or
(B) within two hundred (200) feet of a residential structure
that exists at the time that the composting facility initially
registers under this chapter;
(2) must be located outside the ten (10) year floodplain, except
a facility that is either:
(A) operated in conjunction with a publicly owned works
permitted under IC 13-15-3; or
(B) designed and operated to provide adequate controls to
prevent ground or surface water contamination in the event
a ten (10) year flood occurs;
(3) must be designed and operated to:
(A) prevent compost from being placed within five (5) feet
of a water table or provide adequate controls to prevent
ground or surface water contamination;
(B) adequately control runoff from the composting facility;
and
(C) manage leachate that is generated by the composting
facility; and
(4) must include controls for the following:
(A) Dust.
(B) Odor.
(C) Noise.
As added by P.L.1-1996, SEC.10. Amended by P.L.199-2014,
SEC.10.
IC 13-20-10-5
Local ordinance on distance between composting facility and
residence
Sec. 5. A unit of local government may adopt an ordinance
providing the distance required between the active area of a
composting facility and an existing residence. An ordinance adopted
under this section may not do any of the following:
(1) Allow the active area of a composting facility to locate less
than two hundred (200) feet from an existing residence.
(2) Require the active area of a composting facility to locate
more than six hundred (600) feet from an existing residence.
As added by P.L.1-1996, SEC.10. Amended by P.L.199-2014,
SEC.11.
IC 13-20-10-6
Conditions under which composting facility may be located less
than 200 feet from residence
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Sec. 6. The active area of a composting facility may be located
less than two hundred (200) feet from a residence if:
(1) no unit of local government with jurisdiction over:
(A) the residence; or
(B) the composting facility;
has adopted an ordinance under section 5 of this chapter or
IC 13-7-35-6(b) (before its repeal); and
(2) the composting facility obtains written consent from the
occupant and the owner of the residence.
As added by P.L.1-1996, SEC.10. Amended by P.L.199-2014,
SEC.12.
IC 13-20-10-7
Annual reports
Sec. 7. A person who operates a composting facility that must be
registered under this chapter shall submit an annual report to the
department:
(1) before February 1 of each year; and
(2) that indicates the volume of material processed by the
composting facility during the preceding year.
As added by P.L.1-1996, SEC.10. Amended by P.L.199-2014,
SEC.13.
IC 13-20-10-8
Expiration and renewal of registrations
Sec. 8. (a) The department shall approve an application for
registration of a composting facility under this chapter or renewal of
a registration if the applicant meets the requirements of this chapter
and rules adopted by the board.
(b) The department may deny an application for the registration
of a composting facility or renewal of a registration if the application
does not meet the requirements of this chapter or rules adopted by
the board.
(c) A registration under this chapter:
(1) expires five (5) years after the date the composting facility
is registered; and
(2) may be renewed by the person who registered the
composting facility if the person applies to the department.
(d) A registration under this chapter may be revoked if the
registrant operates the composting facility in violation of:
(1) this chapter or any other environmental management law; or
(2) rules adopted by the board.
As added by P.L.1-1996, SEC.10. Amended by P.L.199-2014,
SEC.14.
IC 13-20-10-9
Combination of vegetative matter with solid waste prohibited
Sec. 9. Except as provided in IC 13-20-9-1, a person may not
Indiana Code 2016
knowingly combine vegetative matter resulting from landscaping
maintenance and land clearing projects that is intended for:
(1) collection; and
(2) disposal at a solid waste landfill;
with another type of solid waste.
As added by P.L.1-1996, SEC.10.
IC 13-20-10-10
Rules
Sec. 10. The board may adopt rules under IC 4-22-2 and
IC 13-14-9 to implement this chapter.
As added by P.L.1-1996, SEC.10. Amended by P.L.133-2012,
SEC.143.
Indiana Code 2016
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