Bill Text: IN HB1267 | 2010 | Regular Session | Introduced
Bill Title: Disposal of animal carcasses.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-01-12 - First reading: referred to Committee on Agriculture and Rural Development [HB1267 Detail]
Download: Indiana-2010-HB1267-Introduced.html
Citations Affected: IC 13-18-10-2; IC 15-17.
Synopsis: Disposal of animal carcasses. Requires the state board of
animal health (board) to approve standards for each of the permissible
methods for disposal of the body of a dead animal. Prohibits disposal
activities within 500 feet of a body of water or in a flood plain or
floodway. Requires the development by a person who owns or cares for
animals in the ordinary course of business of a disposal plan for each
of the permissible methods of disposal and of an emergency disposal
plan, and requires submission of the plans to: (1) the board; and (2) the
department of environmental management if the person applies for
approval of the construction or expansion of a confined feeding
operation. Provides that a new business that is required to submit plans
to the board must submit the plans before beginning operations.
Requires the board to impose a penalty for violation of the animal
disposal restrictions.
Effective: July 1, 2010.
January 12, 2010, read first time and referred to Committee on Agriculture and Rural
Development.
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A BILL FOR AN ACT to amend the Indiana Code concerning
agriculture and animals.
(1) Plans and specifications for the design and operation of manure treatment and control facilities.
(2) A manure management plan that outlines procedures for the following:
(A) Soil testing.
(B) Manure testing.
(3) Maps of manure application areas.
(4) Supplemental information that the department requires, including the following:
(A) General features of topography.
(B) Soil types.
(C) Drainage course.
(D) Identification of nearest streams, ditches, and lakes.
(E) Location of field tiles.
(F) Location of land application areas.
(G) Location of manure treatment facilities.
(H) Farmstead plan, including the location of water wells on the site.
(5) A fee of one hundred dollars ($100). The department shall refund the fee if the department does not make a determination in accordance with the time period established under section 2.1 of this chapter.
(6) A copy of any plan the applicant is required to maintain under one (1) or more of the following:
(A) IC 15-17-11-20(e)(3).
(B) IC 15-17-11-20(f)(3).
(C) IC 15-17-11-20(g)(7).
(D) IC 15-17-11-20(h).
(b) An applicant who applies for approval under section 1 of this chapter to construct or expand a confined feeding operation on land for which a valid existing approval has not been issued shall make a reasonable effort to provide notice not more than ten (10) working days after submitting an application:
(1) to the county executive of the county in which the confined feeding operation is to be located or expanded; and
(2) to each owner and each occupant of land of which any part of the boundary is one-half (1/2) mile or less from the following:
(A) Any part of the proposed footprint of either or both of the following to be located on the land on which the confined feeding operation is to be located:
(i) A livestock or poultry production structure.
(ii) A permanent manure storage facility.
(B) Any part of the proposed footprint of either or both of the following to be located on the land on which the confined feeding operation is to be expanded:
(i) A livestock or poultry production structure.
(ii) The expanded area of a livestock or poultry production structure.
The notice must be sent by mail, be in writing, include the date on which the application was submitted to the department, and include a brief description of the subject of the application. The applicant shall pay the cost of complying with this subsection. The applicant shall
submit an affidavit to the department that certifies that the applicant
has complied with this subsection.
(c) Plans and specifications for manure treatment or control
facilities for a confined feeding operation must secure the approval of
the department. The department shall approve the construction or
expansion and the operation of the manure management system of the
confined feeding operation if the commissioner determines that the
applicant meets the requirements of:
(1) this chapter;
(2) rules adopted under this chapter;
(3) the water pollution control laws;
(4) rules adopted under the water pollution control laws; and
(5) policies and statements adopted under IC 13-14-1-11.5
relative to confined feeding operations.
(1) At an approved disposal plant.
(2) Burial upon the owner's premises to such a depth that every part of the animal's body is at least four (4) feet below the natural surface of the ground and every part of the animal's body is covered with at least four (4) feet of earth in addition to any other material that may be used as cover.
(3) Thorough and complete incineration.
(4) Composting.
(b) The board may adopt rules to allow alternate methods for the safe, orderly, and efficient disposal of dead animals.
(c) The board may adopt rules and issue orders restricting the use of the disposal methods described in subsection (a) to control disease.
(d) A person referred to in subsection (a) may not temporarily store the animal's body pending disposal, bury the animal's body on the owner's premises under subsection (a)(2), incinerate the animal's body on the owner's premises under subsection (a)(3), or compost the animal's body on the owner's premises under subsection (a)(4), at a location that:
(1) is within five hundred (500) feet of a body of water; or
(2) is in a flood plain (as defined in IC 14-8-2-99) or floodway (as defined in IC 14-8-2-102).
(e) The standards approved by the board under subsection (a) for disposal on the owner's premises under subsection (a)(2) must require at least the following:
(1) A burial location that complies with subsection (d).
(2) Identification of the soil type at the burial location.
(3) Subject to subsections (h) and (i), that a person who regularly in the ordinary course of business buries animals as described in subsection (a)(2) shall maintain a detailed animal burial plan that includes at least the following:
(A) A site map of the person's property that shows all locations for:
(i) burial of the bodies of dead animals; and
(ii) storage of the bodies of dead animals pending burial.
(B) The manner in which burial is carried out.
(f) The standards approved by the board under subsection (a) for disposal on the owner's premises under subsection (a)(3) must require at least the following:
(1) An incineration location that complies with subsection (d).
(2) Identification of the soil type at the incineration location.
(3) Subject to subsections (h) and (i), that a person who regularly in the ordinary course of business incinerates animals as described in subsection (a)(3) shall maintain a detailed animal incineration plan that includes at least the following:
(A) A site map of the person's property that shows all locations for:
(i) incineration of the bodies of dead animals; and
(ii) storage of the bodies of dead animals pending incineration.
(B) The manner in which incineration is carried out.
(g) The standards approved by the board under subsection (a) for disposal on the owner's premises under subsection (a)(4) must require at least the following:
(1) A completely walled composting area.
(2) A perimeter fence for the composting area that is of sufficient strength and height to keep wildlife out of the area.
(3) The installation of locks on:
(A) all doors to the composting area; and
(B) all gates to the perimeter fence.
(4) That all doors to the composting area and all gates to the
perimeter fence must be locked during use of the area for
composting.
(5) A composting location that complies with subsection (d).
(6) Identification of the soil type at the composting location.
(7) Subject to subsections (h) and (i), that a person who
regularly in the ordinary course of business carries out
composting under subsection (a)(4) shall maintain a detailed
animal composting plan that includes at least the following:
(A) A site map of the person's property that shows all
locations for:
(i) composting of the bodies of dead animals; and
(ii) storage of the bodies of dead animals pending
composting.
(B) The manner in which the requirements of subdivisions
(1) through (5) are met.
(h) Subject to subsection (i), a person who regularly in the
ordinary course of business owns or cares for animals shall
maintain a detailed emergency disposal plan for the disposal of the
bodies of animals in the event that all of the animals owned or
cared for by the person die or that animals die in unusually large
numbers. The plan must include at least the following:
(1) Identification of a location for temporary storage of the
bodies that complies with subsection (d).
(2) The extent to which the person plans to dispose of the
bodies under each of the methods listed in subsection (a).
(3) The manner in which the disposal of all of the bodies can
be accomplished using the methods listed in subsection (a)
while meeting the requirements of this section.
(4) If disposal of any of the bodies is planned under subsection
(a)(1), the name and location of the approved disposal plant.
(i) A person required to maintain one (1) or more plans under
subsection (e)(3), (f)(3), (g)(7), or (h) shall, upon completion of the
plan or plans, submit the plan or plans to the board.
(j) A person who:
(1) plans to own or care for animals as part of a business
operation that the person plans to begin after June 30, 2010;
and
(2) is required to maintain one (1) or more plans for the
business under subsection (e)(3), (f)(3), (g)(7), or (h);
may not begin the operation of the business before the person
complies with subsection (i).
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 12. (a) This section does not apply to IC 15-17-5
or IC 15-18-1.
(b) Subject to subsection (c), a person who violates this article, a
rule adopted under this article, or a determination or order of the board
or an agency made under this article is liable for a penalty not to
exceed twenty-five thousand dollars ($25,000) for each day of the
violation, plus payment to the board for the costs incurred by the board
as a direct consequence of prosecution for the violation. These
penalties and costs may be recovered in a civil action commenced in
any court of competent jurisdiction by the board or an agency. In
addition, in an action to recover the penalty, a request may be made
that the person be enjoined from continuing the violation.
(c) The board shall impose a penalty under subsection (b) on a
person who violates either or both of the following:
(1) IC 15-17-11-20.
(2) A rule adopted under IC 15-17-11-20.
