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.".