SB 367

Bill Subjects

Abstract

Provides that the rules of the environmental rules board may not allow coal combustion residuals produced by the burning of coal to generate electric power (CCR) to be disposed of if, after the disposal: (1) any of the CCR or any portion of the disposal structure, landfill, or impoundment in which the CCR would be disposed of would be within a 500 year flood zone; (2) any portion of the CCR would be in contact with ground water during any portion of the year; or (3) there would be potential for migration of the hazardous constituents of the CCR into the uppermost aquifer. Prohibits the department of environmental management from approving a plan for closure of a disposal facility for CCR located at the site where the CCR were generated if: (1) any portion of the disposal structure, landfill, or impoundment at the site is within a 500 year flood zone; (2) any portion of the CCR disposed of at the site would be in contact with ground water during any portion of the year; (3) there has been documented migration of the hazardous constituents of the CCR into the uppermost aquifer at the site; (4) there is potential for migration of the hazardous constituents of the CCR into the uppermost aquifer at the site; or (5) the impoundment that would be used for disposal of the CCR at the site does not have a liner compliant with federal liner design criteria or is structurally unstable. Requires the Indiana utility regulatory commission (IURC) to review an electric utility's plan for closure of its CCR surface impoundment and provides that the IURC must require the utility to provide an assessment of the potential cost of remediating ground water contamination resulting from the surface impoundment. Permits the IURC to allow the utility to recover the costs of closing its surface impoundment if the closure plan is in the public interest and the costs of the plan are not excessive.