Brief⁽¹⁾

S.B. 483 would add a number of conditions under which the Secretary of the Department of Health and Environment may authorize the disposal of solid waste without a solid waste permit. The conditions, in addition to those already statutorily authorized, would include the following:

1. The disposal of demolition waste resulting from the demolition of an entire building which is disposed of at the site of the building. Under this exception, the bill would require that written approval be obtained from the landowner and the local governmental or zoning authority and the disposal area must be covered with a minimum of two feet of soil and seeded, rocked, or paved.

2. The disposal of solid waste generated as a result of a transportation accident on property adjacent to or near the accident site. Under this exception, written approval must be obtained from the landowner and the local governmental or zoning authority and a closure plan must be submitted as a part of the approval process.

3. The disposal of whole unprocessed livestock carcasses on property at, adjacent, or near where the animals died. Under this exception, the animals would have had to have died under natural disaster conditions or in emergency situations. The procedures for disposal must minimize threats to human health and the environment.

4. The disposal of solid waste resulting from natural disasters such as storms or tornadoes, or other like emergencies when the request for disposal is made by the local governmental authority. Approval could only be granted when failure to act could jeopardize human health or the environment. The local governmental authority must agree to provide proper closure and postclosure maintenance.

Background

Proponents of the bill included the Secretary of the Department of Health and Environment, a Marion County Commissioner, and a Riley County Commissioner. The Secretary indicated that the legislation was introduced to expand the types of solid waste disposal activities which may occur without obtaining a solid waste landfill permit. The Secretary stated that previous legislative action had limited the authority of the agency to allow disposal without a permit so that disposal activities would be subject to the long-term financial assurance requirement related to postclosure care. There were no opponents to the bill.

The fiscal note states that no fiscal impact is anticipated.

1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/fulltext-bill.html.