HB3319sam001 98TH GENERAL ASSEMBLY

Sen. David Koehler

Filed: 4/30/2013

09800HB3319sam001 LRB098 11035 JDS 45146 a

AMENDMENT TO HOUSE BILL 3319

AMENDMENT NO. ______. Amend House Bill 3319 as follows: on page 9, in line 13, immediately after "farm", by inserting "at a site having not more than 10 occupied non-farm residences within 1/2 mile of its boundaries"; and

by replacing line 5 on page 11 through line 6 on page 12 with the following:

"(D) the owner or operator, by January 1, 1990 (or the January 1 following commencement of operation, whichever is later) and January 1 of each year thereafter, (i) registers the site with the Agency, (ii) reports to the Agency on the volume of composting material received and used at the site, (iii) certifies to the Agency that the site complies with the requirements set forth in subparagraphs (A), (A-1), (A-2), (B), and (C) of this paragraph (q)(3), and (iv) certifies to the Agency that all composting material:

(I) was placed more than 200 feet from the nearest potable water supply well;

(II) , was placed outside the boundary of the 10-year floodplain or on a part of the site that is floodproofed;

(III) , was placed either (aa) at least 1/4 mile from the nearest residence (other than a residence located on the same property as the facility) or (bb) a lesser distance from the nearest residence (other than a residence located on the same property as the facility) provided that the municipality or county in which the facility is located has by ordinance approved a lesser distance than 1/4 mile; and there are not more than 10 occupied non-farm residences within 1/2 mile of the boundaries of the site on the date of application, and

(IV) was placed more than 5 feet above the water table.

Any ordinance approving a residential setback of less than 1/4 mile that is used to meet the requirements of this subparagraph (D) must specifically reference this subparagraph.".