Sec. 4. (a) Except as provided in sections 5 and 6 of this chapter, the active area of a composting facility may not be located within:

(1) two hundred (200) feet of a well that supplies potable water; or

(2) two hundred (200) feet of a residential structure that exists at the time that the composting facility initially registers under this chapter.

     (b) A composting facility:

(1) must be located outside the ten (10) year floodplain, except for a composting 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 prevent ground or surface water contamination in the event of a ten (10) year flood;

(2) must be designed and operated to prevent ground water and surface water contamination from:

(A) stormwater; and

(B) leachate runoff from the composting facility;

(3) must not locate compost within five (5) feet of the seasonal high water table unless the composting facility provides adequate controls to prevent ground water or surface water contamination; and

(4) must provide controls for the following:

(A) Dust.

(B) Odor.

(C) Noise.

     (c) If compost material that contains food waste is present in a composting facility, the composting facility must provide controls for vectors and pathogens in addition to the controls required by subsection (b)(4).

[Pre-1996 Recodification Citation: 13-7-35-6(a).]

As added by P.L.1-1996, SEC.10. Amended by P.L.199-2014, SEC.10; P.L.200-2017, SEC.4.