Legislative Update

The 1997 Indiana General Assembly is about to begin. So what is on the horizon? It is usually difficult to predict what the legislative landscape will be. Many legislators keep their proposals under tight wraps until the session starts. However, here is a sampling of what we are likely to see regarding solid waste and recycling issues:

ALMOST CERTAIN TO APPEAR

There were two hotly debated issues in the 1996 legislative session that came to no resolution. They were the brownfields redevelopment issue involving urban, contaminated properties and the entent of the limits of liability for past contaminations. Also debated was the issue of coal combustion waste disposal at surface mines and any potential for groundwater contamination These issues will most definitely arise again. Landfill setback requirements for schools is also expected to emerge for proposed changes.

MIGHT APPEAR:

The issue of special waste disposal may rear its head. At the November Indiana Solid Waste Board Meeting, landfills and environmentalists testified that wastes which were more than half the hazardous waste limit should receive additional scrutiny. The numbers suggested by waste generators was 75%. Landfill operators stated that special waste regulations should also be designed for transfer stations. Additionally, environmentalists testified that all waste that is known to contain any potentially hazardous components should be tested rather than relying on a statement by the generator that the waste is not hazardous. These issues might be resolved in the legislative arena. Another issue that has been simmering for some time and might appear is the use of, and potential transfer of, solid waste management district funds and district funding mechanisms. In addition, a proposal to limit the roles of the solid waste management districts may appear, restricting districts to education and information activities only.

Legislation may also emerge surrounding the use of the $.50 surcharge paid on garbage going to Indiana landfills. Currently this fee funds the Department of Environmental ManagementÌs recycling grants program and the Department of CommerceÌs recycling market development programs. A proposal may restrict the funds to the local community of generation.

Two additional issues may arise this session: Elimination of the regional needs demonstration for obtaining landfill permits; and elimination of flow control.

NOT LIKELY TO APPEAR:

An increase in the per ton disposal fee.

A requirement that the final disposal fee apply to facilities in Marion County.

Changing HEA 1240 to a mandatory law.

Mandating that all disposal facilities establish a presorting program for recyclable materials.

Requiring municipalities to adhere to the same recycling procurement preferences as the state.

Providing the necessary funding for a comprehensive state government recycling program.

You can keep on top of the status of bills pending in the Indiana General Assembly via the internet...

The General Assembly address for general information is:

This address shows much information about legislative issues in Indiana, including the name of lawmakers and contact information.

The specific legislation address is: