IC 13-20-10
    Chapter 10. Registration of Facilities for Composting CertainVegetative Matter

IC 13-20-10-1
Applicability of chapter
    Sec. 1. (a) This chapter applies to composting of vegetative matterresulting from landscaping maintenance and land clearing projects.
    (b) This chapter does not apply to the following:
        (1) A person who conducts a composting operation at theperson's residence or farm for vegetative matter and other typesof organic material that are:
            (A) generated by the person's activities; and
            (B) stored, treated, or disposed of at the person's residenceor farm.
        (2) A person who conducts a composting operation thatprocesses less than two thousand (2,000) pounds of vegetativematter during a year.
        (3) Temporary stores of vegetative matter where only anincidental amount of composting will occur before removal ofthe matter.
As added by P.L.1-1996, SEC.10.

IC 13-20-10-2
Registration of facility required for operation
    Sec. 2. A person may operate a composting facility for vegetativematter only if the person registers the composting facility with thedepartment.
As added by P.L.1-1996, SEC.10.

IC 13-20-10-3
Registration applications; contents
    Sec. 3. To register a composting facility for vegetative matter withthe department, a person must submit an application to thedepartment 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 thearea to be served by the composting operation.
        (3) An estimate of the volume of materials that will beprocessed annually by the composting facility.
        (4) Any other information that the department or the solid wastemanagement board requires by rule.
As added by P.L.1-1996, SEC.10.

IC 13-20-10-4
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 for vegetative matter:
        (1) may not be located:
            (A) within two hundred (200) feet of a well that suppliespotable water; or
            (B) within two hundred (200) feet of a residential structurethat exists at the time that the composting facility initiallyregisters under this chapter;
        (2) must be located outside the ten (10) year floodplain, excepta facility that is either:
            (A) operated in conjunction with a publicly owned workspermitted under IC 13-15-3; or
            (B) designed and operated to provide adequate controls toprevent ground or surface water contamination in the eventa ten (10) year flood occurs;
        (3) must be designed and operated to:
            (A) prevent compost from being placed within five (5) feetof a water table or provide adequate controls to preventground or surface water contamination;
            (B) adequately control runoff from the composting facility;and
            (C) manage leachate that is generated by the compostingfacility; and
        (4) must include controls for the following:
            (A) Dust.
            (B) Odor.
            (C) Noise.
As added by P.L.1-1996, SEC.10.

IC 13-20-10-5
Location of active areas of facilities; ordinances
    Sec. 5. A unit of local government may adopt an ordinanceproviding the distance required between the active area of acomposting facility for vegetative matter and an existing residence.An ordinance adopted under this section may not do any of thefollowing:
        (1) Allow the active area of a composting facility to locate lessthan two hundred (200) feet from an existing residence.
        (2) Require the active area of a composting facility to locatemore than six hundred (600) feet from an existing residence.
As added by P.L.1-1996, SEC.10.

IC 13-20-10-6
Location of active areas of facilities; prerequisite for facility nearresidence
    Sec. 6. The active area of a composting facility for vegetativematter may be located less than two hundred (200) feet from aresidence 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 orIC 13-7-35-6(b) (before its repeal); and
        (2) the composting facility obtains written consent from theoccupant and the owner of the residence.
As added by P.L.1-1996, SEC.10.

IC 13-20-10-7
Annual reports
    Sec. 7. A person who operates a composting facility for vegetativematter that must be registered under this chapter shall submit anannual report to the department:
        (1) before February 1 of each year; and
        (2) that indicates the volume of material processed by thecomposting facility during the preceding year.
As added by P.L.1-1996, SEC.10.

IC 13-20-10-8
Expiration and renewal of registrations
    Sec. 8. A registration under this chapter:
        (1) expires five (5) years after the date the composting facilityfor vegetative matter is registered; and
        (2) may be renewed by the person who registered thecomposting facility if the person applies to the department.
As added by P.L.1-1996, SEC.10.

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 notknowingly combine vegetative matter resulting from landscapingmaintenance 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 to implementthis chapter.
As added by P.L.1-1996, SEC.10.