Sen. David Koehler

Filed: 4/30/2013

 

 


 

 


 
09800HB3319sam001LRB098 11035 JDS 45146 a

1
AMENDMENT TO HOUSE BILL 3319

2    AMENDMENT NO. ______. Amend House Bill 3319 as follows:
3
4on page 9, in line 13, immediately after "farm", by inserting
5"at a site having not more than 10 occupied non-farm residences
6within 1/2 mile of its boundaries"; and
 
7by replacing line 5 on page 11 through line 6 on page 12 with
8the following:
 
9            "(D) the owner or operator, by January 1, 1990 (or
10        the January 1 following commencement of operation,
11        whichever is later) and January 1 of each year
12        thereafter, (i) registers the site with the Agency,
13        (ii) reports to the Agency on the volume of composting
14        material received and used at the site, (iii) certifies
15        to the Agency that the site complies with the
16        requirements set forth in subparagraphs (A), (A-1),

 

 

09800HB3319sam001- 2 -LRB098 11035 JDS 45146 a

1        (A-2), (B), and (C) of this paragraph (q)(3), and (iv)
2        certifies to the Agency that all composting material:
3                (I) was placed more than 200 feet from the
4            nearest potable water supply well;
5                (II) , was placed outside the boundary of the
6            10-year floodplain or on a part of the site that is
7            floodproofed;
8                (III) , was placed either (aa) at least 1/4 mile
9            from the nearest residence (other than a residence
10            located on the same property as the facility) or
11            (bb) a lesser distance from the nearest residence
12            (other than a residence located on the same
13            property as the facility) provided that the
14            municipality or county in which the facility is
15            located has by ordinance approved a lesser
16            distance than 1/4 mile; and there are not more than
17            10 occupied non-farm residences within 1/2 mile of
18            the boundaries of the site on the date of
19            application, and
20                (IV) was placed more than 5 feet above the
21            water table.
22            Any ordinance approving a residential setback of
23        less than 1/4 mile that is used to meet the
24        requirements of this subparagraph (D) must
25        specifically reference this subparagraph.".