CONFERENCE COMMITTEE REPORT
DIGEST FOR ESB 533
Citations Affected:
IC 13-11-2-38.3
;
IC 13-11-2-164
;
IC 13-18-20-12
;
IC 13-30-4-1.
Synopsis: Confined animal feeding operations. Conference committee report for ESB 533.
Establishes National Pollutant Discharge Elimination System permit procedures for concentrated
animal feeding operations (CAFOs). Establishes civil penalties for CAFOs that commit multiple
violations of water pollution control laws or rules or standards adopted by the water pollution
control board relating to water pollution control laws. (This conference committee report: (1)
requires a person that files a notice of intent to obtain a general CAFO NPDES permit to
include a copy of plans and specifications for the design and operation of manure treatment
and control facilities; (2) changes the amounts that must be remitted to the department of
environmental management to obtain an initial CAFO NPDES permit or renew a CAFO
NPDES permit to $150 for a general permit and $300 for an individual permit; (3) provides
that the civil penalties established in the bill apply specifically to CAFOs instead of confined
feeding operations in general; (4) changes the amounts of the civil penalties from $50,000
to $5,000 and from $100,000 to $10,000; and (5) provides that all of the civil penalties are
distributed to the clean water Indiana fund, the soil and water conservation districts in
which confined feeding operations are located, and the political subdivisions in which
confined feeding operations are located.)
Effective: Upon passage.
Text Box
Adopted Rejected
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CONFERENCE COMMITTEE REPORT
MR. SPEAKER:
Your Conference Committee appointed to confer with a like committee from the Senate
upon Engrossed House Amendments to Engrossed Senate Bill No. 533 respectfully reports
that said two committees have conferred and agreed as follows to wit:
that the Senate recede from its dissent from all House amendments and that
the Senate now concur in all House amendments to the bill and that the bill
be further amended as follows:
Delete everything after the enacting clause and insert the following:
SOURCE: IC 13-11-2-38.3; (03)CC053304.1. -->
SECTION 1.
IC 13-11-2-38.3
IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 38.3. "Concentrated animal feeding
operation" or "CAFO", for purposes of
IC 13-18-19
,
IC 13-18-20
,
and IC 13-30, has the meaning set forth in 40 CFR 122.23.
SOURCE: IC 13-11-2-164; (03)CC053304.2. -->
SECTION 2.
IC 13-11-2-164
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 164. (a) "Political
subdivision", for purposes of
IC 13-18-13
, means:
(1) a political subdivision (as defined in
IC 36-1-2
);
(2) a regional water, sewage, or solid waste district organized
under:
(A) IC 13-26; or
(B)
IC 13-3-2
(before its repeal July 1, 1996); or
(3) a local public improvement bond bank organized under
IC 5-1.4.
(b) "Political subdivision", for purposes of
IC 13-18-21
, means:
(1) a political subdivision (as defined in
IC 36-1-2
);
(2) a regional water, sewage, or solid waste district organized
under:
(A) IC 13-26; or
(B)
IC 13-3-2
(before its repeal July 1, 1996);
(3) a local public improvement bond bank organized under
IC 5-1.4;
(4) a qualified entity described in
IC 5-1.5-1-8
(4) that is a public
water utility described in
IC 8-1-2-125
; or
(5) a conservancy district established for the purpose set forth in
IC 14-33-1-1
(a)(4).
(c) "Political subdivision", for purposes of
IC 13-19-5
and IC 13-30,
has the meaning set forth in
IC 36-1-2-13
and includes a
redevelopment district under
IC 36-7-14
or
IC 36-7-15.1.
SOURCE: IC 13-18-19-3; (03)CC053304.3. -->
SECTION 3.
IC 13-18-19-3
IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]:
Sec. 3. (a) A person that proposes to:
(1) construct a concentrated animal feeding operation;
(2) modify an existing confined feeding operation such that it
becomes a CAFO; or
(3) modify an existing CAFO;
must construct or modify the operation in accordance with rules
for CAFO NPDES permits adopted by the board.
(b) Obtaining an NPDES permit for a CAFO meets the
requirements of
IC 13-18-10-1
and 327 IAC 16 to obtain an
approval.
(c) A person that:
(1) is required; or
(2) chooses;
to obtain an NPDES permit under this section may obtain an
NPDES general permit by filing a notice of intent with the
department, unless that person is required by the commissioner to
obtain an individual NPDES permit. When a person files a notice
of intent under this subsection, the commissioner shall publish a
notice requesting comments concerning the notice of intent. A
comment period of at least thirty (30) days must follow publication
of a notice under this subsection. During the comment period,
interested persons may submit written comments to the
commissioner concerning the notice of intent.
(d) A notice of intent filed under subsection (c) must:
(1) certify that the CAFO follows or will follow rules for CAFO
NPDES permits adopted by the board;
(2) include a copy of the site plan for the CAFO; and
(3) include a copy of plans and specifications for the design and
operation of manure treatment and control facilities.
(e) Subject to subsection (f), a person remains subject to an
NPDES general permit for a CAFO until the earlier of:
(1) the date on which the person discontinues and closes the
operation in accordance with 327 IAC 16-12; or
(2) the date five (5) years after the date on which the notice of
intent was filed under subsection (c).
(f) A person remains subject to an NPDES general permit for a
CAFO after the date indicated in subsection (e) if, before that date,
the person files another notice of intent with the department under
rules adopted by the board for CAFO NPDES general permits. A
notice of intent filed under this subsection must comply with
subsection (d).
(g) If a discharge from a CAFO to waters occurs during the five
(5) years that immediately precede the date of filing of the notice
of intent under subsection (c) or (f), the department may determine
that the person that files the notice of intent must apply for an
individual NPDES permit for the operation.
(h) If a person applies for and receives an individual NPDES
permit under this section and:
(1) no discharge to waters from the CAFO occurs; or
(2) no enforcement action is taken based on:
(A) a violation that represents; or
(B) a series of violations that represent;
a threat to the environment;
during the five (5) years immediately following the issuance of the
individual NPDES permit, the person may become subject to an
NPDES general permit for the operation by filing a notice of intent
under subsection (c).
(i) A determination by the commissioner that an individual
NPDES permit is required is appealable under IC 4-21.5.
SOURCE: IC 13-18-20-12; (03)CC053304.4. -->
SECTION 4.
IC 13-18-20-12
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 12. (a) Except as
provided in subsections (c) and (d), when a person files an
application with the department concerning a NPDES permit,
including:
(1) an application for an initial permit;
(2) the renewal of a permit;
(3) the modification of a permit; or
(4) a variance from a permit;
the person must remit an application fee of fifty dollars ($50) to the
department.
(b) If a person does not remit an application fee to the department,
the department shall deny the person's application.
(c) When a person files an application with the department
concerning:
(1) an initial; or
(2) the renewal of a;
general NPDES permit under
IC 13-18-19-3
, the person must remit
an application fee of one hundred fifty dollars ($150) to the
department.
(d) When a person files an application with the department
concerning:
(1) an initial; or
(2) the renewal of an;
individual NPDES permit under
IC 13-18-19-3
, the person must
remit an application fee of three hundred dollars ($300) to the
department.
SOURCE: IC 13-30-4-1; (03)CC053304.5. -->
SECTION 5.
IC 13-30-4-1
IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 1. (a) Subject to
IC 13-14-6
and
except as provided in
IC 13-23-14-2
and
IC 13-23-14-3
, a person who
violates:
(1) any provision of:
(A) environmental management laws;
(B) air pollution control laws;
(C) water pollution control laws;
(D)
IC 13-18-14-1
; or
(E) a rule or standard adopted by one (1) of the boards; or
(2) any determination, permit, or order made or issued by the
commissioner under:
(A) environmental management laws or IC 13-7 (before its
repeal);
(B) air pollution control laws or
IC 13-1-1
(before its repeal); or
(C) water pollution control laws or
IC 13-1-3
(before its repeal);
is liable for a civil penalty not to exceed twenty-five thousand dollars
($25,000) per day of any violation.
(b) The department may:
(1) recover the civil penalty described in subsection (a) in a civil
action commenced in any court with jurisdiction; and
(2) request in the action that the person be enjoined from
continuing the violation.
(c) With respect to a violation under subsection (a) by a CAFO
of water pollution control laws or a rule or standard adopted by
the water pollution control board relating to water pollution
control laws, the department may impose:
(1) a civil penalty in addition to the civil penalty imposed under
subsection (a) not to exceed five thousand dollars ($5,000) per
day for a violation that represents three (3) or more separate
discharges to waters of the state during the period that ends
five (5) years after the first discharge occurs; and
(2) a civil penalty in addition to the civil penalty imposed under
subsection (a) not to exceed ten thousand dollars ($10,000) per
day for a violation that represents five (5) or more separate
discharges to waters of the state during the period that ends
ten (10) years after the date the first discharge occurs.
If the department imposes an additional penalty under this
subsection, the person that commits the violation is liable for the
additional penalty.
(d) The department shall distribute revenue that results from the
penalties imposed under subsection (c) as follows:
(1) Seventy-five percent (75%) to the clean water Indiana fund
established under
IC 14-32-8.
(2) Fifteen percent (15%) to the soil and water conservation
district in which the confined feeding operation is located.
(3) Ten percent (10%) to the political subdivisions in which the
confined feeding operation is located (other than the district
referred to in subdivision (2)), in proportion to the most
recently collected property tax levies of those political
subdivisions.
SOURCE: ; (03)CC053304.6. -->
SECTION 6.
An emergency is declared for this act.
(Reference is to ESB 533 as reprinted April 9, 2003.)
Conference Committee Report
on
Engrossed Senate Bill 533
Text Box
S
igned by:
____________________________ ____________________________
Senator JackmanRepresentative Bottorff
Chairperson
____________________________ ____________________________
Senator LewisRepresentative Friend
Senate Conferees House Conferees