Text Box


    PREVAILED      Roll Call No. _______
    FAILED        Ayes _______
    WITHDRAWN        Noes _______
    RULED OUT OF ORDER


[
HOUSE MOTION ____

]

MR. SPEAKER:

    I move that Engrossed Senate Bill 511 be amended to read as follows:

    Page 1, after line 17 , begin a new paragraph and insert:
    " SECTION 3. 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 members of the public who would be adversely affected by a discharge of the contaminant into the waters of Indiana;
not more than forty-eight (48) hours after receiving the

notification under subsection (a)."
    Page 4, between lines 36 and 37, begin a new paragraph and insert:
    "SECTION 8. IC 13-30-6-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: 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)HB1422.1.2. -->     SECTION 9. IC 13-30-6-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: 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 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.
    SECTION 10. [EFFECTIVE UPON PASSAGE] (a) IC 13-30-6-1, as amended by this act, applies only to a violation occurring after the effective date of the amendment to IC 13-30-6-1 made by this act.
    (b) IC 13-30-6-3, as amended by this act, applies only to a violation occurring after the effective date of the amendment to

IC 13-30-6-3 made by this act.
    SECTION 11. [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 a complete list of all events of contamination of waters of the state, since January 1, 1988, 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:
        (1) a description of the contamination event;
        (2) the date the contamination event occurred;
        (3) the entity on which the civil penalty was imposed;
        (4) the total amount of the civil penalty imposed;
        (5) the amount per day or per hour of the civil penalty imposed;
        (6) description of plans for restoration of the contaminated         site; and
        (7) the department's recommendations for changes in         statutes, rules, or procedures and practices of the         department to:
            (A) reduce the probability of contamination events in             the future; and
            (B) improve the timeliness and efficiency of protocols             and procedures for notice to affected entities if such an             event occurs in the future.
    (c) Before August 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.
    
SECTION 12. An emergency is declared for this act."
    Renumber all SECTIONS consecutively.
    (Reference is to ESB 511 as printed February 17, 2000.)


________________________________________

Representative LUTZ J


RH 051102/DI lh
2000