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.)