SB 431-9_ Filed 02/21/2000, 07:54
Text Box
PREVAILED Roll Call No. _______
FAILED Ayes _______
WITHDRAWN Noes _______
RULED OUT OF ORDER
[
HOUSE MOTION ____
]
MR. SPEAKER:
I move that Engrossed Senate Bill 431 be amended to read as follows:
SOURCE: Page 1, line 6; (00)MO043106.1. -->
Page 1, line 6, delete "stormwater" and insert " storm water".
Page 5, between lines 34 and 35, begin a new paragraph and insert:
SOURCE: IC 13-18-12-8; (00)MO043106.13. -->
"SECTION 13.
IC 13-18-12-8
IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 8. (a) If a person who
operates a publicly or privately owned wastewater treatment
plant:
(1) discovers that a contaminant has entered the wastewater
treatment plant that would pose a threat to human health or
animal life if the contaminant is not effectively treated before
the contaminant is discharged into the waters of Indiana; and
(2) determines the wastewater treatment plant is not able to
effectively treat the contaminant;
the person must notify the department of the presence of the
contaminant at the wastewater treatment plant not more than
twenty-four (24) hours after the person determines the wastewater
treatment plant is not able to effectively treat the contaminant.
(b) If the department receives notification from a wastewater
treatment plant under subsection (a), the department must:
(1) notify all appropriate state and local government agencies;
and
(2) begin notifying the media;
not more than forty-eight (48) hours after receiving the notification
under subsection (a).".
SOURCE: Page 6, line 21; (00)MO043106.6. -->
Page 6, between lines 21 and 22, begin a new paragraph and insert:
SOURCE: IC 13-30-6-1; (00)MO043106.15. -->
"SECTION 15.
IC 13-30-6-1
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 1. (a) A person who
intentionally, knowingly, or recklessly violates:
(1) environmental management laws;
(2) air pollution control laws;
(3) water pollution control laws;
(4) a rule or standard adopted by one (1) of the boards; or
(5) a determination, a permit, or an order made or issued by the
commissioner under environmental management laws or IC 13-7
(before its repeal);
commits a Class D felony.
(b) Notwithstanding
IC 35-50-2-7
(a), a person who is convicted of
a Class D felony under this section (or
IC 13-7-13-3
(a) before its
repeal) may, in addition to the term of imprisonment established under
IC 35-50-2-7
(a), be punished by:
(1) a fine of not less than two five thousand five hundred dollars
($2,500) ($5,000) and not more than twenty-five fifty thousand
dollars ($25,000) ($50,000) per day of violation; or
(2) if the conviction is for a violation committed after a first
conviction of the person under this section (or
IC 13-7-13-3
(a)
before its repeal), a fine of not more than fifty one hundred
thousand dollars ($50,000) ($100,000) per day of violation.
SOURCE: IC 13-30-6-3; (00)MO043106.16. -->
SECTION 16.
IC 13-30-6-3
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 3. (a) A person who
knowingly:
(1) transports any hazardous waste to a facility that does not have
an operation permit or approval to accept the waste;
(2) disposes, treats, or stores any hazardous waste without having
obtained a permit for the waste; or
(3) makes a false statement or representation in an application, a
label, a manifest, a record, a report, a permit, or other document
filed, maintained, or used under environmental management laws
with regard to hazardous waste;
commits a Class D felony.
(b) Notwithstanding
IC 35-50-2-7
(a), a person who is convicted of
a Class D felony under this section may, in addition to the term of
imprisonment established under
IC 35-50-2-7
(a), be punished by:
(1) a fine of
not less than two thousand five hundred dollars
($2,500) and not more than
twenty-five fifty thousand dollars
($25,000) ($50,000) for each day of violation; or
(2) if the conviction is for a violation committed after a first
conviction of the person under this section,
IC 13-30-6-1
,
IC 13-30-6-2
, or
IC 13-7-13-3
(before its repeal), a fine of not
more than fifty one hundred thousand dollars ($50,000)
($100,000) per day of violation.".
SOURCE: Page 7, line 14; (00)MO043106.7. -->
Page 7, between lines 14 and 15, begin a new paragraph and insert:
SOURCE: ; (00)MO043106.19. -->
"SECTION 19. [EFFECTIVE UPON PASSAGE]
(a) As used in
this SECTION, "department" refers to the department of
environmental management.
(b) The department shall prepare a report that includes the
following:
(1) A comprehensive and detailed report that:
(A) describes plans for restoration of the White River; and
(B) sets forth the department's recommendations for
changes in statutes, rules, or procedures and practices of
the department to:
(i) reduce the probability of contamination events; and
(ii) improve the timeliness and efficiency of protocols and
procedures for notice to affected entities if such an event
occurs in the future.
(2) A complete list of all events of contamination of waters of
the state after December 31, 1994, in which fish or other
aquatic species were killed and in which civil penalties were
imposed under
IC 13-30-4
(or under the law that governed the
imposition of civil penalties before the enactment of
IC 13-30-4
), including the following:
(A) a description of the contamination event;
(B) the date the contamination event occurred;
(C) the entity on which the civil penalty was imposed; and
(D) the total amount of the civil penalty imposed.
(c) Before September 1, 2000, the department shall deliver the
report described in subsection (b) to:
(1) the executive director of the legislative services agency for
distribution to members of the legislative council;
(2) the environmental quality service council;
(3) the governor; and
(4) the lieutenant governor.
(d) The environmental quality service council shall:
(1) study the report delivered to it under subsection (c); and
(2) make recommendations to the general assembly before
January 1, 2001.".
Renumber all SECTIONS consecutively.
(Reference is to ESB 431 as printed February 17, 2000.)
________________________________________
MO043106/DI 52 2000